Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16463 Bond No.: 800054871
Case No.: Premium: $15.885.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated united as Trace a Nich ad Agreement, later.
Case No. for -
Improvements), is hereby referred to and made a part
hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and Atlantic Specialty Insurance Company _, a corporation of the State of NY doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum ofFive Million Five Hundred Seventy Three Thousand Seven Hundred Eighty Six and 89/100 dollars, ($ 5.573.786.89), 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/Fors/FPBond.Blank.030520 ublic Improvement
aithful Performance Bon
Tract Map No.: 16463
Bond No.: 800054871
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 hereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 23, 2022
D.R. Horton Los Angeles Holding Company, Inc. Atlantic Specialty Insurance Company Name of Principal (Applicant) Name of Surety Company
By: Vicki, Auth By: Mach With
By: Vicks Gullion, Assistant Secretary By: Noah William Pierce, Attorney-In-Faci By: By:
Mailing Address:
2280 Wardlow Circle, Suite 100 605 Highway 169 North, Suite 800 Address of Principal Address of Surety Company
Corona, CA 92878 Plymouth, MN 55441
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attomey
shared be velopment Projecte/Surely Recovery/Forms/FPBond. Blank. 030520 STATE OF North Carolina
COUNTY OF Mecklenburg to wit:
1, Catherine Thompson, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this 235% day of February 20.22.
THOMPSON
PUBLIC COUNT Cathing thompson
Notary Pubite
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Noah William Pierce, Jennifer B. Gullett, Caroline K. Lamarre Berton, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall require do be ate he Co bonds, recognizard as, cocarad of indenly, adit ether wrings tigatory in the nature hereby auchorized to verify any affidavite This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Autorney-in-Fact for purposes only of executing and sealing any bond, underain cent ace or the were bie arion l del of the there and ne such and be and pat i comp and be sey deader er rang IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.
CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEW YORK Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
SATE ALISON DWAN NASH-TROUT
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2026 Notary Public
Signed and sealed. Dated_ 23rd day of_February 2022.
Kara/Bara
This Poweray 31, 207 expires
Kara Barrow, Secretary
Please direct bond verifications to [email protected]
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Riverside
County of
2/25/2022 _ before me, _ Alyssa M. Bottinelli, Notary Public On
(insert name and title of the officer)
personally appeared Vicki Gullion
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.
ALYSSA M. BOTTINELLI
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
(Seal)
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16463 Bond No.: _ 800054871
Case No.: Premium: Included on Performance Bond
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of Calitornia, and
. (hereinafter "Principal") have rincipal have entered Company 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
(provements) is hereby referred to and made a pair hereot, and, for Water, Drainage, Sewer, Streets, LMAD, Monumentation 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 Atlantic Specialty 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 Iwo Million Seven Hundred Sixty Nine Thousand Two Hundred Ten and 95/100 dollars, ($ $2,769,210.95), 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.: 16463
Case No.:
Bond No.: 800054871
he 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 February 23, 2022
D.R. Horton Los Angeles Holding Company, Inc. Atlantic Specialty Insurance Company Name of Principal (Applicant) Name of Surety Company
By: 7ik Aall By: Rosh With
By: Vicki Gullion, Assistent Secretary By: Noah William Pierce, Attorney-In-Fact By: By:
Mailing Address:
2280 Wardlow Circle, Suite 100 605 Highway 169 North, Suite 800 Address of Principal Address of Surety Company
Corona, CA 92878 Plymouth, MN 55441
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Duce
Risk Manager City Attorney
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520 STATE OF North Carolina
COUNTY OF Mecklenburg to wit:
1, Catherine Thompson, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this 23" day of February 2024
Notary Spall
PUBLIC Cathune thompon
Notary Public
My commission expires on the 9th day of April, 2022.
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Noah William Pierce, Jennifer B. Gullett, Caroline K. Lamarre Berton, each individually if there be more than one named, its true and lawful Attorey-in-Fact, to make, executc, scal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed b acsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bon underaig resigniance order wite bie orin in the a re tepany dare such anare and prite sound be ne say are are a on, IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.
CORPORATE
SEAL Апериви
1986 By
STATE OF MINNESOTA Kim voRt Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and th gnature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company ALISON DWAN NASH-TROUT *
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2025 Notary Public
fore andes nod, ere, and here stonese ry ove are now in are., New ark Corporation, do hereby erly that the foregoing power of tome s in tul Signed and sealed. Dated_ 23rd day of_February 2022.
KainBaw
his Power of Attorney expires
anuary 31, 202
Kara Barrow, Secretary
Please direct bond verifications to [email protected]
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individua rho signed the document to which this certificate i
tached, and not the truthfulness, accuracy.
State of California
County of Riverside
On 2/25/2022 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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. ALYSSA M. BOTTINELLI Notary Pubtic - California
Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
(Seal)
LANDSCAPE MANAGEMENT ASSESSMENT DISTRICT
BOND FORMAT
Developer: DR HORTON - Project Name: Santolina
Tract: 16463 Linear Footage Square Footage 95,645
Flood Control Channel, Both Sides
Streets: Mojave Drive
Prepared by: Edward T. Oune Date: 5-Apr-21
ITEM DESCRIPTION TOTALS
1 Imigation Materials ($6.00 g/1) $ 573,870.00
2 Plant Materials ($4.25 s/t) $ 406,491.25
3 Finish Grading (50.50 s/i) $ 47,822.50
4 Soll Preparation ($1.50 s/f) $ 143,467.50
5 Standard S-09 Curbing ($26.25 VT)
Drains (1 in 100' - 150' @ $400.00 each)
Subtotal $ 1,171,651.25
20% Plan Preparation fee $ 234,330.25
Contingancy fee of 10% $ 140,598.15
Grand total $ 1,546,579.65
Falthful Performance (100%) $ 1,546,579.65
Labor & Materlals (50%) $ 773,289.83
Note: LMAD Walls along Flood Control Channel are part of Tract 16483 street improvement miscellaneous Items.
Exp. 12/31/22 #
* STATE CIVIL
Engineering Review: OF CALIFORNIA
Approved
by: Fredy A. Bonilla, PE
Date: 04/07/2021