Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17316 Bond No.: 30139524
Case No.: - Premium: $8,353.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Richmond American Homes of Maryland, Inc. — (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public id arrace a which said Agreement, dated - Case No. for Seasons at Ottawa (Lots 1-36)
Improvements), is hereby referred to and made a part
hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and The Continental Insurance Company _ a corporation of the State of Pennsylvania doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum of Two Million Eighty Eight Thousand Two Hundred Thirty Five and 50/100ths dollars, ($_ 2,088,235.50), 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/SurelyRecovery/Forms/FPBond.Blank.030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 17316
Case No.:
Bond No.: 30139524
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 _ December 17 _, 20_21 Richmond American Homes
of Maryland, Inc. The Continental Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: By:
sondra Kathleen K. Freund, Attorney-in-Fact
By: By:
By: By:
Mailing Address:
5171 California Ave, Suite 120 10375 Park Meadows Dr., #300 Address of Principal Address of Surety Company
Irvine, CA 92617 Littleton, CO 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scaredievelopment/Projects/Surely/Recovery/Forms/FPBond.Blank. 030520
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
On December 17,20 before me, Nathan Mulhauser, Notary Public (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 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.
NATHAN MULHAUSER
Notary Public
WITNESS my hand and official seal. State of Colorado
Notary ID # 20064038639
Halha Mulhans My Commission Expires 09-22-2022
(Notary Seal)
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 as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued)
• State and County information must be the State and County where the document Number of Pages Document Date 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 be the same date the acknowledgment is completed. (Additional information)
commission followed by a comma and then your title (notary public). notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forns (i.e. he/she/they. is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) 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 acknowledgment form. • 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 could help to ensure this • Trustees) acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date. • Other Indicate the capacity claimed 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.NotaryClasses.com
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT , Individually
Denver Colorado , its true and lawful Attorney(s)-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:.. 30139524
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 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 2nd day of February, 2021.
The Continental Insurance Company
State of South Dakota, County of Minnehaha, ss:
On this 2nd day of February, 2021, 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.
M. BENT
NOTARY PUBLIC
SEAL SOUTH DAKOTA SEAL M. Bent,
+5455554969644+
My Commission Expires March 2, 2026 Notary Public
CERTIFICATE
I, D. Johnson, 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 princed or the reverse here is all force. In testimony wiereof i have hereunto subscribed my name sand affice lie steal of the suid insurance The Continental Insurance Company
D. Johnson
D. Johnson Assistant Secretary
Form F6850-2-2021
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17316 Bond No.: 30139524
Case No.: Premium: $8,353.00
HEREAS, the City Council of the City of Victorville, County of San Bernardino State of California, and Richmond American Homes of Maryland, Inc (hereinafter "Principal") have entered into a Subdivision Improvement agreement" whereby Principal agrees to instal
And ement (hereian serted to as apreme seen a care are., _ and identified as Tract Map No.
Case No.: _for_Seasons at Ottawa (Lots 1-36)
Improvements), is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Victorville to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and The Continental Insurance Company _ doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Forty Four Thousand One Hundred Seventeen and 75/100ths dollars, ($ 1,044,117.75_), 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.: 17316
Case No.: _
Bond No.: 30139524
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 December 17 _ 20_ 21 Richmond American Homes
of Maryland, Inc. The Continental Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: By:
Sond ra Harris Kathleen K. Freund, Attorney-in-Fact
By: By:
By:. By:
Mailing Address:
5171 California Ave, Suite 120 10375 Park Meadows Dr., #300 Address of Principal Address of Surety Company
Irvine, CA 92617 Littleton, CO 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scared evelopment/Projects/SurelyRecovery/Forms/L&M/Bond. Blank 030520
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
On Dicember 17 Nathan Mulhauser, Notary Public
before me,
(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 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 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
Mulhaus
(Notary Seal)
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 as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, cy alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued)
• State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER
• Individual (s) infornation 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 acknowledgment form • Signafure of the notary public must match the signature on file with the office of / Partners)
the county clerk.
[X Attorney-in-Fact Ádditional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date. • Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT insurance All Me ay This Presents hai The Cy orel rigorac Cole ory a Penny am i house come ory, a duly organ ed and ising. affixed hereby make, constitute and appoint Kathleen K. Freund , Individually
and execute for and on is behalf bonds, andertakings and other oviet Any meyumin-s of sinh aul povey and authoriy hereby conferred to sign, seal - In Unlimited Amounts -
Surety Bond Number: 30139524
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 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 2nd day of February, 2021.
The Continental Insurance Company
On this 2nd day of February, 2021, 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. 5545444559446545656+
M. BENT
M. Bent
My Commission Expires March 2, 2026 M. Bent Notary Public
CERTIFICATE
1, D. Johnson, 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 prime on the revers liereuf is still in force, in testimony wherzof I have hercunto subscribed my name and affixed the scal of the snid insurance The Continental Insurance Company
D. Jahnson
D. Johnson Assistant Secretary
Form F6850-2-2021
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17316 Bond No.: 30139526
Case No.:_ Premium: $557.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Richmond American Homes of Maryland, Inc (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated _ and identified as Tract Map No. 17316
Case No. for Seasons at Ottawa (Lots 1-36)
Improvements), is hereby referred to and made a part
hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and The Continental insurance Company _ a corporation of the State of Pennsylvania
and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum of_One Hundred Thirty Nine Thousand Two Hundred Ten and 50/100ths dollars, ($_ 139,210.50), 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, firmiy 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
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver
County of
On Dicember 17,2021 Nathan Mulhauser, Notary Public
before me,
(Here insert name and tille of the officer)
Kathleen K. Freund
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) 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.
NATHAN MULHAUSER
Notary Pubic
WITNESS my hand and official seal State of Colorado
Notary ID # 20064038639
My Commission Expires 09-22•2022
aldo (Notary Seal)
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 as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued)
• State and County information must be the State and County where the document Number of Pages Document Date 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 be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) 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 acknowledgment form. • Signature of the notary public must match the signature on file with the office of • Partners)
IX Attorney-in-Fact Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date. • Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
......
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT nu me l my a tres resent fire the livel rigo and on ory Penny kai insure compary, is duly orated and exising fixed hereby make, constitute and appoint Kathleen K. Freun , Individually
Denver Colorado _, its true and lawful Attorney(s)-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: 30139526
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 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 2nd day of February, 2021.
The Continental Insurance Company
Paul T. Bruflat
State of South Dakota, County of Minnehaha, ss:
On this 2nd day of February, 2021, 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 scal 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. #4555555559554465655654
M. BENT
NOTARY PUBLIC
У SOUTH DAKOTA M. Bent
#УДАВА99949999966446544+
My Commission Expires March 2, 2026 Notary Public
CERTIFICATE
I, D. Johnson, 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 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
The Continental Insurance Company
D. Jahman
D. Jolinson Assistant Secretary
Form F6850-2-2021
MONUMENTATION PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement)
Tract Map No.: 17316 Bond No.: 30139525
Case No.: Premium: $100.00
Richmond American Homes
LET IT BE KNOWN BY THESE PRESENT, that_of Maryland, Inc. as the subdivider (hereinafter "Principal"), and The Continental Insurance Company , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of Five Thousand Two Hundred Twenty Five and 00/100ths dollars ($ 5,225.00) 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. _ 17316 located at Seasons at Ottawa (Lots 1-36) in the City of Victorville; and, WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement and recorded with the San Bernardino 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 identified
Map/Parcel Map/Case No. _ 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 _ Name of caned 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/SurelyRecovery/Forms/MonumentationBond.Blank.101311 Monumeration Poor 7e Bond
Bond No.: 30139525
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 December 17 , 20_21 Richmond American Homes
of Maryland, Inc. The Continental Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: 2
Sandra thamis Kathleen K. Freund, Attorney-in-Fact
By: _ By:
By: By: _
Mailing Address:
5171 California Ave, Suite 120 10375 Park Meadows Dr., #300 Address of Principal Address of Surety Company
Irvine, CA 92617 Littleton, CO 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scared evelopmenuProjects/SurelyRecovery/Forms/MonumentalionBond. Blank. 030520
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver
County of
On December 17,2021 before me, Nathan Mulhauser, Notary Public (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
WITNESS my hand and official seal. Notary Pubiic
State of Calorado
Notary ID # 20064038639
Halla Lullaus My Commission Expires 09•22-2022
(Notary Seal)
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 as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if « document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifving the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued)
• State and County information must be the State and County where the document Number of Pages Document Date 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 be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
CAPACITY CLAIMED BY THE SIGNER he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording.
D 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 acknowledginent form. • Partners) • Signafure 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 could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date. • Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
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2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT insane many harthis precipal thai he Ci orchiego, ac Cat or lin is any kia i sebacon any, i duly organised and exiting. affixed hereby make, constitute and appoint Kathleen K. Freund , Individually
of Denver Colorado _, its true and lawful Attorney(s)-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: 30139525
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 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 2nd day of February, 2021.
The Continental Insurance Company
State of South Dakota, County of Minnehaha, ss:
On this 2nd day of February, 2021, 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. +6445666564666664ss +
M. BENT
(GAL SOUTH DAKOTA (SEAL! M. Bent,
+55559545955445455454+
My Commission Expires March 2, 2026 Notary Public
CERTIFICATE
I, D. Johnson, 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 primed on the reverse hereof is still in force. In tessinony whereof T have herento subscribed my name and affixed the scal of the said insurance The Continental Insurance Company
D. Johnson
D. Johnson Assistant Secretary
Form F6850-2-2021