Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16677 Bond No.: 4457205
Case No.: 2005 0841124 Premium: _$12,733.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Mojave HM, LLC
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 Case No. 20650847124 and identified as Tract Map No. 16677. _and (Canterbury Hills) - water, drainage, sewer, street and monumentation 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 _ Markel Insurance Company _, a corporation of the State of _ Virginia doing business under and by virtue of the laws of the State of Gatifornia and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are City, in the penal sum of Nine Hundred Thity Six Thousand One undred One and 10/100 ine payment of as sues el and Truly o be ade, we one our anie, leto. 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
Case No.:. 2005-0841124
Bond No.: 4457205
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.
Principal and Surety above named, on IN WINESS WHEREOF this june went has been dul exculed by the Mojave HM, LLC Markel Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: Lacitic Communities Builder, INC. Moros coer
By: Morag Corey, Attorney-in-Fact
By: Neison chung 404 By:
By: Its president By:
Mailing Address:
1000 Dove Street, Suite 100 4521 Highwoods Pkwy
Address of Principal Address of Surety Company
Newport Beach, CA 92660 Glen Allen, VA 23060
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scared Development/Project/SurelyRecovery/Forms/EPBond Blank 30520 POAH 4457205
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Suretec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Morag Corey, Sean Flinn, Blaine Williamson, Eric Englund, Rheanna Rosin, Deanna Wood, Lisa McClellan Their true and lawful agents) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifty Million and 00/100 Dollars ($50,000,000.00)
This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attomey, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of October 12021.
SureTec Insurance Company
Market Insurance Company
Miles
By:
Michael C. Keimig, President Robin Russo, Senior Vice President Commonwealth of Virginia
County of Henrico SS:
On this 18th day of Octobor. 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and afficers described in, who executed the preceding said Companies referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my digita! MY
COMMISSION By:
NUMBER
Donna Donavant, Notary Public
7083968
My commission expires 1/31/2023
wa, the undersiened Officers of sure tec Insurance Corgany and Marker keep hy danterby certy that the orginal POWER OF ATTORNEY of which she foregoing is a full, true and correct copy is still in full force and effect and has tex, heen revoked IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Comparif fren the; 29th day of June 2022
SURANCE SURANCE
Markel Insurance Company
SEAL uRa
Byil
V. Brefit Beaty, Assistant Secreta Wichard R. Grinnan, Vice President and Secretary ny Instrument Issued in excess of the penalty stated algove is totally void and without any validit or verification of the authority of this Power you may call 711318h2-0800 on any business day between 8:30 AM and 5:00 PM C
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
6/30/12 Aracel Esquivel , Notary Public,
Insert Name of Notary exactly as it appears on the official seal personally appeared Nelson Chung
Name(s) of Signer(s)
ARACELI ESQUIVEL and that by his/her/their signature(s) on the instrument the Notary Public - California person(s), or the entity upon behalf of which the person(s) Orange County
Commission #2271121 acted, executed the instrument.
My Comm. Expires Jan 11, 2023
certify under PENALTY OF PERJURY under the laws o
he State of California that the foregoing paragraph is tru and correct.
Witness my hand and offiolal seal.
Signature им
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 document Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 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 • Trustee OF SIGNER 7 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:
:
STATE OF _OREGON
COUNTY OF CLACKAMAS
On_6.29.22 _ before me, Lisa Ann McClellan
(here insert name of notary)
personally appeared Morag Corey
(name(s) of Signer(s))
personally known to me (or 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.
WITNESS my hand and official seal.
Galen Milk OFFICIAL STAMP
LISA ANN MCCLELLAN
Signature _(SEAL) NOTARY PUBLIC - OREGON
COMMISSION NO. 1005780
MY COMMISSION EXPIRES NOVEMBER 05.2024
This area for Official Notarial Seal
- OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • INDIVIDUAL
• CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
L PARTNERS) • LIMITED
• GENERAL
M ATTORNEY-IN-FACT NUMBER OF PAGES
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER:_
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES)
Markel Insurance Company
SIGNERS) OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/09) ALL-PURPOSE ACKNOWLEDGEMENT
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16677 Bond No.: 4457205
Case No.: 2005-0841124 Premium: Included in performance WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Mojave HM, LLC
(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated_ , 20 _ and identified as Tract Map No.
Case No.: 2005-0841124 for water, drainage, sewer & street (Canterbury Hills) 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 Markel Insurance Company
HEINOIS
_ doing business under and by virtue of the laws of the State of @alifornia 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 Four Hundred Sixty Five Thousand One Hundred Ninety and 55/100 - = dollars, ($465,190.55: -_), 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
ract Map No.:_ 166
ase No.: 2005-08411:
Bond No.: 4457205
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 June 29 _ 2022
Mojave HM, LLC Markel Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: Pacific Communities Builder, INC. By: Morag
Its. manager Morag Corey, Attorney-in-Fact
By: Nelson Chung By:
By: Its. President By:
Mailing Address:
1000 Dove Street, Suite 100 4521 Highwoods Pkwy
Address of Principal Address of Surety Company
Newport Beach, CA 92660 Glen Allen, VA 23060
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scared evelopment/Projecte/SuretyRecovery/Forms/L& MBond. Blank, 030520 POA# 4457205
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Morag Corey, Sean Flinn, Blaine Williamson, Eric Englund, Rheanna Rosin, Deanna Wood, Lisa McClellan Fifty Million and 00/100 Dollars ($50,000,000.00)
This Power of Attorey is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorey, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTer Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and Suretec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of October : 2021.
SureTec Insurance Company Market Insurace Company
NSURANCE
Milmin
By:
Michael C. Keimig, President Rebin Russo, Senior Vice President Commonwealth of Virginia
County of Henrico SS:
On this 18th day of October, 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, ta me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesald, ind that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers wer July affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors o said Companies referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed muddies! A DON A fret Henrico, the day and year are above witter.
MY
COMMISSION
Donna Donavant, Notary Public
My commission expires 1/31/2023
foregoing is a full, true and correct copy is still in full force and effect and haf not best revoked IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the _29th day of. June 2022 SURANCE RANCE •Markel Insurance Company
PORATO
IR
M. Brent Beaty, Assistant SecretarE Richard.R. Grinnan, Vice President and Secretary
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 6/30/22 before me, Araceti Esquivel • Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Nelson ching
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to ARACELI ESQUIVEL and that by his/her/their signature(s) on the instrument the lotary Public - California person(s), or the entity upon behalf of which the person(s) Jrange County acted, executed the instrument.
Commission # 2271121
My Comm. Expires Jan 11, 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
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 Signer(s)
Signer's Name: 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 • Trustee OF SIGNER • Trustee OF SIGNER
• Guardian or Conservator Top of thumb nere • Guardian or Conservator Top of numb nere • Other: • Other:
Signer is Representing: Signer is Representing:
STATE OF _OREGON
]
COUNTY OF CLACKAMAS
On 6.29.22 _ before me, Lisa Ann McClellan
There insert name of notary)
personally appeared Morag Corey
(name(s) of Signer(s))
personally known to me (or 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 signatures) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Gile Men OFFICIAL STAMP
LISA ANN MCCLELLAN
Signature_ _(SEAL) NOTARY PUBLIC - OREGON
COMMISSION NO. 1005780
MY COMMISSION EXPIRES NOVEMBER 05, 2024
This area for Official Notarial Seal
• OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • INDIVIDUAL
• CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
• PARTNERS) • LIMITED
• GENERAL
M ATTORNEY-IN-FACT NUMBER OF PAGES
• TRUSTEE(S)R
• GUARDIAN/CONSERVATOR
• OTHER:.
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYIES)
Markel Insurance Company
SIGNERS) OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/09) ALL-PURPOSE ACKNOWLEDGEMENT