Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: Marco Road APN 3097-581-25 Bond No.: 100953648 Case No.: EWTR 24 - 00456 Premium: $1,117.00/annum
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Charles Crew dba Crew Construction (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 December 24th _ 2024 _, and identified as Tract Map No. 3097-581-25 and Case No. EWTR 24-00456 for Off-Site Public
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 American Contractors Indemnity Company _ a corporation of the State of California 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 Fifty Five Thousand Eight Hundred Thirty Seven and 00/100 dollars, ($55,837 _), 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
Ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 Public Improvements
Cos Me or no Bond
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 May 29th _ 2025
American Contractors Indemnity Company
Name of Principal (Applicant) Name of Surety Company
By: By:
Vincent An, Attorney-in-Fact
By: By:
By: By:
Mailing Address:
1 MacArthur Place, Suite 550
Address of Principal Address of Surety Company
Santa Ana, CA 92707
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Sandra Bostick, Risk Manager City Attorney
CCP:ccp
Ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 See Attached Notary Acknowledgment Certificate
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of
MAY 2 9 2025 Natalie Landa, Notary Public
On before me,
(insert name and title of the officer)
Vincent An
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.
NATALIE LANDA
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2496656
My Comm. Expires Aug 5. 2028
Signature (Seal)
TOKIO MARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
VINCENT AN
its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number 100953648 the course business bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 - $100,000.00
Dy the Board of Drectors OF AMERICAN CONTRACTORS INDENT COMPAN by a why ur hafal and resortin a dayed Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 20th day of November, 2024.
SERACTORS NOT AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
SEPT. 25, 1990
Adam S. Pessin, President
CALIFORNIA
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 Los Angeles
On this 20th day of November, 2024, before me, D. Littlefield, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
D. LITTLEFIELD
WITNESS my hand and official seal. Notary Pubtic - Califorma Los Angeles County
Commelasion 8 2478570
Signature Futifuld (seal) My Comm. Expires Jan 3t, 2028 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said •Companies at Los Angeles, California this 29th_day of OUTRACTORS NO
Bond No. 100953648
MOREORATE
Agency No. 4203 SER 25: 1990 Kid! 0, Assistart Secretary
CALIFORNIA
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PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: Marco Road APN 3097-581-25 Bond No.: 100953648 Case No.: EWTR 24-00456 Premium: Included on Performance Bond WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Charles Crew dba Crew Construction (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_ , 2024 , and identified as Tract Map No. and
Case No.: EWTR 24-00456 for Off-Site Public
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 American Contractors Indemnity 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 Fifty Five Thousand Eight Hundred Thirty Seven and 10 _, lawful money of the United
dollars, ($ 55,837
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
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.
Yand Surety love named, on instrument has been duly executed by the Principal and Surety above named, on May 29th
American Contractors Indemnity Company
Name of Principal (Applicant) Name of Surety Company
By: By:
Vincent An, Attorney-in-Fact
By: By:
By: By:
Mailing Address:
1 MacArthur Place, Suite 550
Address of Principal Address of Surety Company
Santa Ana, CA 92707
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Sandra Bostick, Risk Manager City Attorney
CCP: ccp
Ishared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520 See Attached Notary Acknowledgment Certificate
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Orange
MAY 2 9 2025 Natalie Landa, Notary Public
On before me, _
(insert name and title of the officer)
personally appeared Vincent An
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.
NATALIE LANDA
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2496656
My Comm. Expires Aug 5. 2028
Signature (Seal)
TOKIO MARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
VINCENT AN
100953648
its tree and lawful Allomey in Fact, with ful authority to execute on its behalf bond number exceed Company thereby, inan amount not to
One hundred thousand and 00/100 $100,000.00
by the Board of Directors OF AMERICAN CONTRACTORS NEMY COMPANY ta mating or cale and are one dared, "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and ior and on behalf or the Company subjecto the flowing provision or more suitable persons as Attorney/s-in-fact to represent and Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the sianature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 20th day of November, 2024.
SARACTOR NO AMERICAN CONTRACTORS INDEMNITY COMPANY
Salesins
SEPT. 25: 1990 By:
Adam S. Pessin, President
*CALIFOANIN
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 Los Angeles
On this 20" day of November, 2024, before me, D. Littlefield, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
D. LITTLEFIELD
WITNESS my hand and official seal. Hotary Public - Callornia Los Angeles Count
- Commission / 2478570
Signature (seal) My Comm. Expires Jen 31, 2028
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 29th day of 2025
Bond No. 100953648
Agency No. 4203 Kio Lo, Assistant Secretary
CALIFORNIA
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