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HomeMy WebLinkAboutRecorded Doc 2023-038 -0 RECORDING REQUESTED BY: 2023-0178042 CITY CLERK 06/21/2023 04:46 PM Fee: $ 0.00 Page 1 of 28 Recorded in Official Records WHEN RECORDED RETURN TO: County of Riverside Peter Aldana Assessor-County Clerk-RecorderJ City Clerk City of Cathedral City I !��: u LS l� N'tiR J'IL''' 68-700 Avenida Lalo Guerrero 554 Cathedral City, CA 92234 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF CATHEDRAL CITY SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 DATE OF AGREEMENT: JVNG- ) Y, 22 2 3 NAME OF SUBDIVIDER: Reflections at Cimarron, LLC, a California Limited Liability Company, (hereinafter referred to as "Subdivider"). NAME/NUMBER OF SUBDIVISION: Tract No. 38137 (hereinafter referred to as "Subdivision"). TENTATIVE MAP APPROVED ON DECEMBER 15, 2021, BY ACTION OF THE CITY PLANNING COMMISSION (the "Approval Action"). PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Cathedral City, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property"). EST. TOTAL COST OF EST. TOTAL COST OF EST. TOTAL COST OF PUBLIC IMPROVEMENTS: PRIVATE IMPROVEMENTS: MONUMENTATION: $ 219,000 $ 104,900 $ 4,660 (see Exhibit "B) (see Exhibit "B") (see Exhibit "B") BOND NUMBERS: Li 4 21 GO Sift-L'—i' /JSu/L.4PICX cp . LETTER OF CREDIT NUMBERS: FINANCIAL INSTITUTION: Page 1 of 22 THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Cathedral City, a California municipal corporation (hereinafter referred to as "City"), and Reflections at Cimarron, LLC, a California Limited Liability Company, (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties". RECITALS A. Subdivider is the owner of certain real property located in the City of Cathedral City legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property"). B. Subdivider has presented to City for approval and recordation a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California (the "Act") and the ordinances and regulations of the City relating to the filing, approval and recordation of subdivision maps. The Act, and the ordinances and regulations of the City are collectively referred to in this Agreement as the "Subdivision Laws", and Subdivider acknowledges familiarity with the Subdivision Laws and hereby agrees to comply therewith. C. Pursuant to the Approval Action, a tentative map of the Subdivision has been approved, subject to the Subdivision Laws and the requirements and conditions contained on the tentative map approved thereby (hereinafter the "Tentative Map"). The Tentative Map and the Approval Action are on file in the Office of the City Clerk, and such Tentative Map, and all requirements and conditions imposed thereon by the Approval Action are incorporated into this Agreement by this reference as if set forth fully herein. D. The Subdivision Laws establish as a condition precedent to the approval of a final map that Subdivider must have complied with the requirements and conditions of the Tentative Map by either: (1) completing in accordance with City Standards, as hereinafter defined, all of the public and private improvements and land development work required by the Subdivision Laws and the Tentative Map; or (2) have entered in a secured agreement with the City to complete such improvements. E. In consideration of the approval of a final map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement to complete at its own expense all of the improvements for the proposed Subdivision. Subdivider has secured this Agreement with sufficient improvement securities in a form approved by the City Attorney (referred to collectively hereinafter as "Improvement Securities" and Page 2 of 22 individually as "Improvement Security") to guarantee the construction and completion of all of the improvements. F. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements have been prepared by Subdivider and approved by the City Engineer. The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans have been prepared in conformance with the Standards in effect on the date of the Approval Action. The Plans are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer. G. An estimate of the cost for construction of the public and private improvements and performing the land development work in connection with the improvements according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B". H. Notwithstanding the foregoing provisions, Subdivider or the City may elect to revert the Property to acreage pursuant to Section 66499.11, et seq., of the California Government Code and the Subdivision Ordinance. This Agreement does not modify or otherwise impact the rights of either party to initiate a reversion to acreage, or the City's ability to approve a reversion to acreage. NOW, THEREFORE, in consideration of the City Council's approval and recordation of the final map of the Subdivision, and the mutual covenants of the Subdivider and City herein contained, Subdivider and City hereby agree as follows: 1. Subdivider's Obligation to Construct Improvements. (a) In constructing and installing the Improvements (as hereinafter defined), Subdivider shall comply with all the requirements and conditions of the Tentative Map, and any amendments thereto, as well as the provisions of the Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Subdivision, as required by the conditions of approval of the Tentative Map in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements"), within twelve (12) months of the date of final map approval by the City Council, unless a time extension is granted by the City as Page 3 of 22 authorized by Section 20 of this Agreement or the City approves a reversion to acreage of the Property pursuant to Section 66499.11, et seq., of the California Government Code. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the public and private streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards. (e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition by City of off-site rights- of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Subdivision. (g) Subdivider shall furnish and install all monuments, stakes and property corners as specified on the final map for the Subdivision in accordance with the provisions of the Subdivision Laws, and submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to the acceptance of the improvements by the City. 2. Improvement Securities. (a) Subdivider shall at all times guarantee Subdivider's performance of this Agreement by furnishing and maintaining good and sufficient Improvement Securities with the City as required by the Subdivision Laws on forms approved by City for the purposes and in the amounts as follows: (i) Three Hundred Twenty Four Thousand and 00/100 Dollars ($ 324,000.00) to ensure faithful performance of the construction and installation of the Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) One Hundred Sixty Two Thousand and 00/100 Dollars ($ 162,000.00) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is 50% of the estimated cost of the Improvements; and Page 4 of 22 (iii) Thirty Two Thousand Four Hundred and 00/100 Dollars ($ 32,400.00) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement; and (iv) Four Thousand Six Hundred Sixty and 00/100 Dollars ($ 4,660.00) in the form of a cash deposit, which is 100% of the estimated cost of setting final subdivision monuments, boundary corners, front and rear lot corners and providing centerline ties ("Monumentation Security"). (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Except as otherwise provided in this Agreement, any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement. 3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are Page 5 of 22 mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended. (b) Subdivider shall construct all Improvements in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted. 4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City. Said changes, if any, shall be confined to the Property. 5. Reserved. 6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative. Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows: (i) If the City Engineer, or his/her authorized representative, determines that the Improvements requiring dedication to and acceptance by the City for public use (the "Public Improvements") have been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Public Improvements by placing a resolution on the next most convenient City Council agenda seeking: (1) formal acceptance of the Public Improvements; (2) release of the Improvement Securities; and (3) authorization Page 6 of 22 to file and record a Notice of Completion. Said determination by the City Engineer and agendization of the acceptance and release shall not be unreasonably withheld or delayed. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City. (ii) For Improvements not requiring dedication to or acceptance by the City (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed. (c) Subdivider shall bear all costs of inspection and certification of the Improvements. 7. Release of Improvement Securities. Except as otherwise provided in this Agreement (including, without limitation, in Section 33 of this Agreement entitled "Reversion to Acreage"), the Improvement Securities shall be released only as specified in this Section: (a) The Performance Security shall be fully released only upon the final completion and certification of all Public and Private Improvements, and after acceptance of the Improvements by the City Council. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code. (i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City until the value of the work remaining to be completed is fifty percent (50%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than one-hundred fifty percent (150%) of the value of the work remaining to be done. City and Subdivider agree that not more than two Page 7 of 22 requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City. (ii) In no event shall the City Engineer authorize a release of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement. (iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done. (b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1-year) warranty period and until any claims filed during the warranty period have been settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council. (d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following: (i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments, boundary corners and lot corners for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and (ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets. (e) Except as otherwise provided in the Subdivision Laws (including, without limitation, Section 66499.19 of the California Government Code), the City may retain from any Improvement Securities released an amount sufficient to cover costs and Page 8 of 22 reasonable expenses and fees actually incurred by the City, including reasonable attorneys' fees. 8. Injury to Public Improvements, Public Property or Public Utilities Facilities. Subdivider shall replace or repair, or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work done by Subdivider or its agents under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done by Subdivider or its agents under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement. 9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law. 10. Notice of Breach/Default of Subdivider. (a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default. Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the Page 9 of 22 default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion. (c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement. (d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same. (e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans. (f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against any or all of the lots in the Subdivision; (2) a rescission by the City Council of the map approval; (3) action by City to otherwise revert the Subdivision to acreage (subject to Section 33, below, of this Agreement); and (4) withholding of Building permits, building inspections, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider Page 10 of 22 agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City. (g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses actually incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement. 11. Warranty. (a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion. (b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work. (c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be Page 11 of 22 responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times. 14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment. 15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous conditions on or around the work site. 16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements and any improvement constructed on any public street pursuant to this Agreement shall vest in City. 17. Indemnity/Hold Harmless. (a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend (with legal counsel reasonably acceptable to the City) and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, Page 12 of 22 caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters. (c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure, and shall not secure, Subdivider's obligations under this Section 17. 18. Sale or Disposition of Subdivision; Assignment. (a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) day in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation Page 13 of 22 reasonably required by City to determine the appropriateness of any proposed Successor. (b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory replacement Improvement Securities and submission of required insurance by Successor, City shall immediately release the Improvement Securities posted by Subdivider in accordance with the provisions of such novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City), and Subdivider shall have no further obligations under this Agreement except as otherwise provided in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City). 19. Time of the Essence. Time is of the essence in this Agreement. 20. Time for Completion of Improvements; Extensions. (a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney. (b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the Page 14 of 22 conducting of work, and which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable. (d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 22. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: Notice to City: City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attn: City Manager With a Copy to: Eric S. Vail, City Attorney Burke, Williams & Sorensen, LLP 1600 Iowa Ave, Suite 250 Riverside, CA 92507 Notice to Subdivider: Reflections at Cimarron, LLC A California Limited Liability Company 60 Corporate Park, Suite 100 Irvine CA 92606 Attn: James W. Shute, Jr., Manager Phone: 949-262-0084 With a Copy To: Page 15 of 22 Notice to surety: 23. Severability. The provisions of this Agreement may be severed from the remainder of this Agreement in accordance with the provisions of this Section 23 and applicable law. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Insurance. (a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below: (i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1 ,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement. (iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. Page 16 of 22 (1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California-admitted insurer with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City. (c) Deductibles. Any deductibles or self-insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses. (d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be approved by City Attorney prior to the City's issuance of any permits for work on or in Tract 38137 The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to shall provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements. (i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions: (1) Additional Insureds. The City of Cathedral City, its officials, officers, employees, agents and independent contractors shall be named as Page 17 of 22 additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Cathedral City, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Cathedral City, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy. (3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Cathedral City, its officials, officers, employees, agents and independent contractors shall be provided. (ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Cathedral City, its officials, officers, employees, agents and independent contractors. (f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City. (g) Commencement of Work. Subdivider shall not be issued permits to commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk. (h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 26. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees. Page 18 of 22 27. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 28. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties. 29. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California. 30. Runs with the Land; Recordation. (a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property. (b) The provisions of Subsection 30(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation agreement is executed in accordance with the provisions of Section 18 of this Agreement. (c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto. 31. Miscellaneous. Subdivider further agrees to provide to City, on or before occupancy of first residential structure, a copy of the final Public Report or such other evidence acceptable to the City Attorney, stating that the construction of any common private improvements is guaranteed with the State of California Bureau of Real Estate. 32. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement. Page 19 of 22 33. Reversion to Acreage. Nothing in this Agreement shall be deemed, construed, or interpreted to waive or impair in any way Subdivider's or City's right to seek or allow the reversion to acreage of the Property pursuant to Section 66499.11, et seq., of the California Government Code and the Subdivision Ordinance. All proceedings for reversion to acreage of the Property, whether initiated by the Subdivider or the City, shall be conducted fairly and without unnecessary delay. Upon the effective date of the reversion to acreage of the Property pursuant to Government Code Section 66499.18, Subdivider shall have no further obligations under this Agreement, all of the Improvement Securities shall be immediately released, and all fees and deposits theretofore paid by Subdivider (if any) shall be immediately returned to Subdivider pursuant to Section 66499.19 of the California Government Code, less any allowable retentions including retentions to cover costs actually and reasonably incurred by City. [END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE] Page 20 of 22 IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written. Subdivider: City: REFLECTIONS AT CIMARRON, LLC , CITY 0 ATHEDRAL CITY a California Limited Li b' ' y Compan a nicipal Corpor. .n By: J mes . S te, Jr. Rita amb, Mayor Manager ATTEST: J &-&-t4� ch TraceyHrno CM C City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney APPROVED AS TO CONTENT: J hn A. ore a, ir. f Engineering/Public Works APPROVED: Charles P. McClendon City Manager (Proper Notarization of Subdivider's Signature is required and shall be attached) P:\APPS\WPDATA\CATH\0007 ENGINEERING\DOC\1781.24.0-FORM SIA REVISED AS OF 091515 V2 CLEAN VER.DOC Page 21 of 22 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT f 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 0 rCen ) il R On MGc �( 9.0 -3 before me, Tt4d114 a V 1n s, t of r7 iv b 1( C, (here insert name and title of thebfficer) Ei personally appeared 3VY'PS 1A SI)tk ') Tr. F R 3 R who proved to me on the basis of satisfactory evidence to be the person(•s}whose name a+e subscribed to E the within instrument and acknowl dged to me that(e�sf}c they executed the same in 63/ the+i authorized capacity4es),.and that by ti /fe#their signature(- on the instrument the person(6), or the entity upon behalf of which the person(s) acted,executed the instrument. R I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ _ 1 r . JUDY HARRIS I o a�-..' COMM. #2309858 z Nti, Notary Public •California WITNESS my hand and official seal. z Orange County ° R I MMMMComm.Expires Nov. 17,2023f Signature 1 / ` ,/, (Seal) 0 , ,,,..,,X MON.VINBIDMIMONMJ..II 31 UVA3.,.9031. o.,JVIN314903,M0,AJ,I/,303.0 D.MDMInnn.J 1,w9,„M,,,..N,rv�„MON,JVIN3w9031MON”ViN. , ro3,/AGN,J..N3w.9031/..)L 3 ,,,,,om,.M,03,1NONAJVA3w�3,MONIOVI. 31, ,.0.,3w90„Mo 3.� Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) , Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing ®Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT "A" Legal Description of Real Property Subject to this Agreement Parcel "A" as described in the Certificate of Compliance for Lot Merger No. LM 2011-461, recorded May 27, 2011, as Instrument No. 2011-0234222 of Official Records in the office of the County Recorder of Riverside County, California. Excepting therefrom Lots 1 through 4, inclusive, as shown on the map of Tract 36832-1 , filed in Book 447, at Pages 27 and 28 of Maps, in the office of the County Recorder of Riverside County, California. (Assessor Parcel No. 677-610-037) Page 22 of 22 EXHIBIT "B" Estimated Costs of Improvements for Tract 38137 The following cost summary is based upon costs in the attached Improvement Estimate Worksheets prepared by Phillip K. Fomotor, RCE 47284, dated April 18, 2023, on file in the office of the City Engineer, and on the attached Surveyor's Estimate to set monumentation, prepared by Phillip K. Fomotor, PLS 7070, dated December 22, 2022. 1. On-site (Private) Street improvements: $ 91,189.90 Rounded: 91,200.00 15% Contingencies: 13,680.00 Subtotal: $ 104,880.00 Rounded total: $ 104,900.00 2. Off-site (Public) Street improvements: $ 71,209.00 Rounded: 71,200.00 15% Contingencies: 10,680.00 Subtotal: $ 81,880.00 Rounded total: $ 81,900.00 3. On-site Water improvements: $ 32,620.00 4. On-site sewer Improvements: 32,365.00 5. Off-site sewer Improvements: 54,225.00 Subtotal: $ 119,210.00 15% Contingencies: 17,882.00 Subtotal: $ 137,092.00 Rounded total: $ 137,100.00 4. Grand Total :all improvements: $ 323,900.00 Grand Total, rounded: $ 324,000.00 Surveyor's Estimate for Monumentation: $ 4,660.00 EXHIBIT "B" Continued IMPROVEMENT SECURITY SUMMARY: FAITHFUL PERFORMANCE BOND: @100% $ 324,000 PAYMENT BOND (LABOR & MATERIALS):@ 50% $ 162,000 WARRANTY BOND: @10% $ 32,400 MONUMENT CASH SECURITY: $ 4,660 Attachments: Fomotor Engineering Cost Estimate, dated April 18, 2023 Fomotor Engineering Monumentation Estimate, dated December 28, 2022 PRELIMINARY COST ESTIMATE FOR BOND PURPOSES TRACT MAP 38137 PREPARED:APRIL 2023 GRADING IMPROVEMENTS ITEM QUANTITY UNIT UNIT COST COST RAW CUT _ 855 CY $2.00 $1,710.00 RAW FILL 4,992 CY _ $3.00 $14,976.00 CONSTRUCT RETAINING WALL PER SEPARATE DESIGN AND PERMIT 525 LF $200.00 $105,000.00 CONSTRUCK COMNINATION SCREEN/RETAINING WALL PER SEPARATE DESING AND PERMIT 812 LF $150.00 $121,800.00 CONSTRUCT SCREEN WALL PER SEPARATE DESING AND PERMIT 160 LF $120.00, $19,200.00 OMIT ONE BLOCK AT GROUND LEVEL FOR DRAINAGE PURPOSES 1 EA $10.00 $10.00 INSTALL 3"TO 6"ANGULAR ROCK OVER WEED BARRIER CLOTH OVER ENTIRE RETENTION BASIN 7,564 SF $1.75 $13,237.00 INSTALL 4'TALL TUBULAR METAL FENCE 167 LF $30.00_ $5,010.00 ONSITE GRADING IMPROVEMENTS COST $280,943.00 ONSITE STREET IMPROVEMENTS CONSTRUCT WEDGE CURB PER DETAIL ON SHT 1 659 LF $17.00 $11,203.00 CONSTRUCT TYPE"A"6"CURB&GUTTER PER RIVERSIDE COUNTY STD 200 89 LF $15.00 $1,335.00 CONSTRUCK CURB TRANSITION FROM 6"CURB TO WEDGE CURB PER DETAIL ON SHEET 1 2 EA $200.00 $400.00 CONSTRUCK 4.0"AC(PER PAVING NOTES),OVER 5.0" AGGREGATE BASE(CLASS 11)OVER 12"COMPACTED SUBGRADE&PER GEOTECHICAL ENGINEER'S RECOMMENDATIONS 13,908 SF $3.60 S50,068.80 CONSTRUCK 6"TYPE D CURB PER RIVERSIDE COUNTY STD 204 51 LF $15.00 $765.00 INSTLL 18"DIA N-12 STORM PIPE,OR APPROVED EQUAL _ 90 LF $50.00 $4,500.00 CONSTRUCK HEADWALL PER DETAIL ON SHEET 1 1 EA $5,000.09 $5,000.00 INSTALL CURB INLET PER RIVERSIDE COUNTY STD DWG 301 2 EA $5,000.00 $10,000.00 CONSTRUCK RAMP PER CLATRANS STANDARD DETAIL A88A CASE"F" 1 EA $2,000.00 $2,000.00 INSTALL FOSSIL FILTER INSERT PER RIVERSIDE COUNTY STD 300A 2 EA $500.00 $1,000.00 CONTRUCK 4"THICK PCC SIDEWALK PER RIVERSIDE COUNTY STD 401 278 SF $6.00 $1,668.00 CONSTRUCK GUTTER DEPRESSTION PER RIVERSIDE COUNTY STD 311 CASE"C" 2 EA $500.00 $1,000.00 BACKFILL AND COMPACT TRENCH FOR WATER&SEWER 225 CY + $10.00 $2,250.00 ONSITE STREET IMPROVEMENTS COST $91,189.80 TOTAL ONSITE IMPROVEMENTS COST $372,132.80 15%CONTINGENCY S55,819.92 TOTAL ONSITE ESTIMATE FOR BOND PURPOSES $427,952.72 OFFSITE STREET IMPROVEMENTS CONSTRUCT 6"TYPE A-6 CURB PER RIVERSIDE COUNTY STD 200 340 LF $15.00 $5,100.00 CONSTRUCT 4"AC(PER PAVING NOTES),OVER 5" AGGREGATE BASE(CLASS 11)OVER 12"COMPACTED SUBGRADE&PER GEOTECHNICAL ENGNEER'S RECOMMENDATIONS 7,840 SF $3.60 $28,224.00 CONTRAUCT ADA RAMP PER RIVERSIDE COUNTY STD DWG NO 403 CASE A 2 SF $2,000.00 $4,000.00 CONSTRUCT 4"THICK PCC SIDEWALK PER RIVERSIDE COUNTY STD 401 2,224 SF $6.00 $13,344.00 REMOVE EXISTING PAVMENT 6,106 SF $0.50 $3,053.00 INSTALL PAVEMENT MARKETING PER CALTRANS STD DETAIL A24D 1 EA $200.00 $200.00 FOMOTOR ENGINEERING PALM SPRINGS,CA INSTALL 24"X24"R1-1 SIGN PER CA-MUTCD STANDARD AND POST PER RIVERSIDE COUNTY STD 816 1 EA $350.00 $350.00 CONSTRUCT DRIVEWAY APPROACH PER RIVERSIDE COUNTY STD DWG 213 1 EA $2,000.00 $2,000.00 INSTALL 12"WHITE CROSSWALK OR LIMIT PER CALTRANS STD RSP A24G 1 EA $300.00 $300.00 SAWCUT EXSTING PAVEMENT TO LIMIT SHOWN ON PLAN 422 LF $1.00 $422.00 INSTALL 9,500 LUMEN LED STREETLIGHT PER RIVERSIDE COUNTY STD 1000 1 EA $5,000.00 $5,000.00 CONSTRUCK CROSS GUTTER PER RIVERSIDE COUNTY STD DWG NO 209 1,152 SF $8.00 $9,216.00 OFFSITE STREET IMPROVEMENTS COST $71,209.00 ONSITE WATER IMPROVEMENTS FURNISH&INSTALL 8°DIP CLASS 350 ZINC COATED WITH POLYETHYLENE ENCASEMENT V-BLO ENHANCED& RESTRAINED JOINTS. 398 LF $40.00 $ 15,920.00 FURNISH&INSTALL 8"DI -22.5°BEND WITH RESTRAINED JOINTS 2 EA $280.00 $ 560.00 FURNISH&INSTALL 1"IRRIGATION SERVICE 1 EA $600.00 $ 600.00 FURNISH&INSTALL 6"SUPER(WET BARREL)FIRE HYDRANT ASSEMBLY PER CVWD STD W-34A 1 EA $3,500.00 $ 3,500.00 FURNISH&INTALL 1"DOMESTIC WATER SERVICE 14 EA $280.00 $ 3,920.00 FURNISH&INSTALL 8"X6"DI REDUCER 1 EA $300.00 $ 300.00 FURNISH&INSTALL 8"DI-45 BEND WITH RESTRAINED JOINTS 1 EA $300.00 $ 300.00 DISTRICT FORCES AT DEVELOPERS EXPENSE TO FURNISH &INSTALL 6"(WET BARREL)FIRE HYDRANT ASSEMBLY PER CVWD STD.W-34A 1 EA $3,500.00 $ 3,500.00 DISTRICT FORCES AT DEVELOPERS EXPENSE TO FURNISH &INSTALL 12"X12"X8"DI TEE 1 EA $320.00 $320.00 DISTRICT FORCES AT DEVELOPERS EXPENSE TO FURNISH &INSTALL 8"DI G.V. 1 EA $850.00 $850.00 DISTRICT FORCES AT DEVELOPERS EXPENSE TO FURNISH &INSTALL(2)-12"DI G.V 2 EA $1,250.00 $2,500.00 DISTRICT FORCES AT DEVELOPERS EXPENCE TO FURNISH &INSTALL 8"DI BLIND FLANGE 1 EA $350.00 $350.00 ONSITE WATER IMPROVEMENTS COST $32,620.00 ONSITE SEWER IMPROVEMENTS FURNISH&INSTALL 8"PVC SDR 35 SEWER MAIN 359 LF. $35.00 $ 12,565.00 FURNISH&INSTALL 4"PVC SS LATERAL 14 EA . $750.00' $ 10,500.00 FURNISH AND INSTALL 48"SSMH PER CVWD STD S-5 3 EA $3,000.00 $ 9,000.00 REMOVE 8"STUB 1 EA $300.00 $ 300.00 ONSITE SEWERIMPROVEMENTS COST $32,365.00 OFFSITE SEWER IMPROVEMENTS FURNISH AND INSTALL 8"V.C.P.SEWER MAIN 1,335 L.F. $35.00 $ 46,725.00 FURNISH AND INSTALL 48"SSMH PER CVWD STD S-5 2 E.A. $3,000.00 $6,000.00 FURNISH&INSTALL 8"STUB 2 E.A. $750.00 $ 1,500.00 OFFSITE SEWER IMPROVEMENTS $54,225.00 TOTAL OFFSITE IMPROVEMENTS COST(PUBLIC) $190,419.00 15%CONTINGENCY $28,562.85 TOTAL OFFSITE ESTIMATE FOR BOND PURPOSES (PUBLIC) $218,981.85 PRE7D-N D UPE SION OF: U --- - 4-112123 PHILLIP K.FOMOTOR RCE.NO.47284 COST ESTIMATE FOR BONDING PURPOSES TRACT NO. 38137 PREPARED: 12/28/2022 38137 MONUMENTATION LETTER AND NUMBERED LOT CORNERS TO BE MONUMENTED 44 EA $ 65.00 $ 2,860.00 STREET CENTERLINE MONUMENTS, TIES&CORNER RECORDS 5 EA $ 360.00 $ 1,800.00 TOTAL $ 4,660.00 I TOTAL COST $ 4,660.00 I PREPARED UNDER THE SUPERVISION OF: s9 LAND stiR`% PHILLIP IL FOMOTOR No.7070 `ri 41.). PHILLIP K. FOMOTOR of cn�� LS 7070 Bond No.: 4462760 Bond Fee: $6.980.00 Executed in three originals FAITHFUL PERFORMANCE BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.1) PUBLIC AND PRIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron LLC, a California Limited Liability Company (hereinafter designated as "Principal"), have entered into an agreement pursuant to California Government Code section 66462 whereby Principal agrees to install and complete certain designated public and private improvements, which said agreement, dated J J N E I , 20 23, and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement, to furnish a good and sufficient bond for the faithful performance of said Agreement; and NOW, THEREFORE, we, the Principal and SureTec Insurance Company , (hereinafter designated as "Surety"), a corporation organized and doing business under and by virtue of the laws of California and duly licensed to transact surety business in the State of California, are held firmly bound unto the City of Cathedral City (hereinafter designated as "City") in the penal sum of Three Hundred Twenty Four Thousand Dollars ($ 324,000.00), 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 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 the 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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, 1 Bond No.: 4462760 Bond Fee: $6,980.00 and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 , 20 23 PRINCIPAL: Reflections at Cimarron, LLC A California Limited Lia ility Company By: Ja s W. but , Jr. Manager SURETY: SureTec Insurance Co ..ny rety •mpany Signature of Aii-orzi e. 'e+resentative Vanessa Copeland, Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston. TX 77042 Surety Address and City (619)400-4104/dmelman@markelcorp.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT litACKNoWLEaMENTAONOWIEDGMENTACKNOW,EOLMEN ,,E4.,r.T.r.. EaMNT.CKXOWLEDGMENT.r.NoWIr AIFNTACKNOWL,GMEN,.C.Now,EDGMEN.. •NOWLEDGMENTACKNOWLEMAIENTACRNOWLEMMENTACKNOWLEO6MENT 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 OrGv1(312, On MA 1 ?j 2023 before me, Jody Halms , NoF MUAv of I& (here ins rt name and tie of the officer) personally appeared joialf c W ciIui-e, J� who proved to me on the basis of satisfactory evidence to be the person( whose name( are subscribed to the within instrument and acknowledged to me that e/t-{9ey_executed the same in erfth-eir authorized capacity.4i. and that bx:D/her4their signatures} on the instrument the person(s}; 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. 1 JUDY HARRIS COMM. #2309858 z z !>,7,- Notary Public - California Orange County WITNESS my hand and official se . y V M/f Comm.E5ires Nov. 17,20231 F. x , Signature (Seal) Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification C1 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 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 MAY 0 9 2023 before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 o > LISA PELLERITO paragraph is true and correct. Notary P_biic•California =' Orange Cavity_ /� `� Commission;2383234 � WITNESS my h d and o is ~� .«•�'' My Comm.Expires Nov 16,2025 Signature: Signature of Notary Public Place Notary Seal Above --------------- ---_ OPTIONAL - Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ['Limited ❑General ❑ Partner: ['Limited ❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: nvr.non�ni;'n''(n�n;tivw n.�wv�vfv�vrv��vvn��v�v�n�.�vvn n�i.`n n'i.`i.Vi.`rs.ri.�ii`iY.�i.i.`�n is i.��is n.:rn n non n i i,n`nwwnv`w�v�✓w„vn n nvn�n`n n`�n�n` Rev. 1-15 POA# 510842 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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney 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 attorney,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 end day of December 2021 . SureTec Insurance Company BAN ```�SU. c� Markel InsuraAce Company By, Y,2144LP6 w'w�PCP II FA SEAL IR Michael C.Keimig,President � %,� +H41'' Wiz' R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this end day of December 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force,,,e e e r r e g,q,, IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed m�rO,f I.Saal•att e C t,ef Henrico,the day and year first above written. •:2 MY n COMMISSION By: • NUMBF_R ' 0 : :,� Donna Donavant,Notary Public 7053968 My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Marke rs�erkK9nnicniahy;Q`herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and haStrgt,Iietetrlrmplcld. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 Sur ec Insur ce pan Markel Insurance Company M.Br t Beaty,Assistant Secrets Richard R.Grinnan,Vice President an"d'$e ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business de/between 8:30 AM and 5:00 PM CST. Bond No.: 4462760 Bond Fee: Included in Performance Bond Executed in three originals LABOR AND MATERIAL BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.2) PUBLIC AND RIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public and private improvements, which agreement, dated Ju N cs 1 't _, 2021 and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Cathedral City (hereinafter designated as "City") 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. NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Sixty Two Thousand Dollars ($ 162,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 the City in successfully enforcing this 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement 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 1 Bond No.: 4462760 Bond Fee: Included in Performance Bond change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 2023 • PRINCIPAL: Reflections at Cimarron, LLC A California Limited Liabil y Company By: • Ja es W. h , Jr. Manager SURETY: reTec Insurance Co •any - ompan iir Signature o'uthorized=•resentative Vanessa Copeland,Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston, TX 77042 Surety Address and City (619)400-4104/dmelman@markelcorp.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT 1116r.NOVW3DGMEN3.C.NOW.3aM3N,.C.NOWLOGM3N3.C.NOW3,aM3Nr,C.NOW,EDLM3N,.., C.NOW33DG1.13NT,C,NOWL,DGM,N3.C.NOW,raMr,„*.NOW,raM,NI ®NO.,.3041.103�M0WUaM3..C.N„W ,NOWIEDGMENTACKNOWLEMANTACKNOWLEOLMEHTACRNOWLEMAIENT, A notary public or other officer completing this certificate verifies only the identity of R the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. R State of California ) County of O1'GYllL ) 7,1 �J On it Mat 3 2....o23 before me, k.)v61‘1 HAr►eIS , NOJ- pt/blL 5 (here insert name and tifle of the officer) i I personally appeared a►'V1eS W SV1tdt die who proved to me on the basis of satisfact ory evidence to be the person(s)whose name - are subscribed to the within instrument and acknowledged to me that ( 'executed the same in e .ei.r authorized capacity-Eie6};and that by her/theitr signature() on the instrument the personfs.), or the entity upon behalf of which the person(&)-acted,executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ F r--:,,, „. JUDY HARRIS 1 R o(m. COMM. #.2309.858 z WITNESS my hand and official seal. Z �.� Notary Public -California o Orange County , • My Comm.ExIires Nov, 17,2023' — — — 5 r Signature • (Seal) 4 R `Na.,9o3..wN.YVu,3N903uw JVIN 9433vwHv VIN3W9o3uo.r 3 N3w9a31MOMIDV rya.V9aa1Mo YIN3W9a3,moNYDVIN 9.031MONUY1.,3rv9a31mo,.,>..N,wx11M01,.VI... ,o3w«NDVIN3w9o31MONM v..3w9w3u OPONIX3 o31MON,.... .,..MON..u,3V1501/w.rv,3W9o31MO Dv, Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 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 MAY 0 9 2023 before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 ry LISA PELLERITO paragraph is true and correct. _ W s Notary P biic-California Y, o'ange County WITNESS S h d and offic. 1 seal ,� Commission,2383234 my Comm.Expires Nov 16,2025 aSignature: Signature of Notary Public Place Notary Seal Above ------- —_ OPTIONAL ------- - Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: [Limited ❑General ❑ Partner: ['Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: nVn� Rev. 1-15 POA# 510842 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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney 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 attorney,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 2nd day of December 2021 . SureTec Insurance Company RAN ```sUCr��i Markel Insurance Company 0:01- > _�: Imo_ � ` By: 7i ,1 9 ;2 ;6. By: �°j/�i,_ 1411 Michael C.Keimig,President s 1 { %�e*'•2•t O' �� ...•,*...` "„````�. R in Russo,Senior Vice President •Commonwealth of Virginia County of Henrico SS: On this 2nd day of December 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force. ee e e e e e r e,eq� IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed r i0 •'atp tla C �ypf Henrico,the day and year first above written. VV Y • MY n; 4 COMMISSION i NU1�4BER O Z Donna Donavant,Notary Public *'• 7063968 ' co- z. My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Markellini efem i j by derby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and hgti t,Iiiir,' yp&d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 . Sur ec Insur ce pan Markel Insurance Company B M.Br t Beaty,Assistant Secrets BY•i/ ,, fl l�, `" Richard R.Grinnan,Vice President and-Sea ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Bond No.: 4462760 Bond Fee: $6,980.00 Executed in three originals FAITHFUL PERFORMANCE BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.1) PUBLIC AND PRIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron LLC, a California Limited Liability Company (hereinafter designated as "Principal"), have entered into an agreement pursuant to California Government Code section 66462 whereby Principal agrees to install and complete certain designated public and private improvements, which said agreement, dated J v ice- I' , 20 23 and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement, to furnish a good and sufficient bond for the faithful performance of said Agreement; and NOW, THEREFORE, we, the Principal and SureTec Insurance Company , (hereinafter designated as "Surety"), a corporation organized and doing business under and by virtue of the laws of California and duly licensed to transact surety business in the State of California, are held firmly bound unto the City of Cathedral City (hereinafter designated as "City") in the penal sum of Three Hundred Twenty Four Thousand Dollars ($ 324,000.00), 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 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 the 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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, 1 Bond No.: 4462760 Bond Fee: $6,980.00 and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 , 20 23 PRINCIPAL: Reflections at Cimarron, LLC A California Limited Li ility Company By: J es W. S ute, Jr. Manager SURETY: ureTec Insuranc ompany ur Comp n� Signa e ut orize epresentative Vanessa Copeland,Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston, TX 77042 Surety Address and City (619)400-4104/dmelma n@markelcorp.corn Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT ..C.NOWIFD.,,.c,XOWLEOGMEN,ACKNOWLEo6MENT.C®Now,.a.M,NOwLEaMEN,.C.NOWLEaMEN,.<K NOWLMIAE.T,CH NowLEOGMEN,ACKNOWLEMomEaMENTACKN EaMEN,A<RNOWLEDGMEN,..NoWLEDGMEM„c.HoWLEOGIA .C.N EaMENT.. ,MEN..c WIraMr„A<.Naw,EaMrNTACKNOwLEDGME„AC. LE M. 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. R State of California ) f County of 0110I11(3C ) On Mail 3 f 2_o•2 before me, (JVo(4 H6Wvj c , MO- Ni0110O (here insert name and titre of the officer) personally appeared 3c y lee W SVivf-Pe d t. who proved to me on the basis of satisfactory evidence to be the person(stwhose namc(s)®/are subscribed to 5. the within instrument and acknowledged to me that e executed the same in(g/her/their authorized capacity(4es , and that b all - signature( -on the instrument the person 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. _ _ f I -- JUDY HARRIS - I o COMM. #2309858 z WITNESS my hand and official seal. ce s • Notary Public •• California 0 z `SZ Y� Orange County s I �My Comm.Eyires Nov. 17,2023/ tl Signature d R (Seal) ; ePOMM,,M,r.N 3,MoMIri.N3W.�31Mo„.�3. „ .,N,�,,, ONIOWN 903,,0N,O..�3w9031MOMO.,N,rv,011MON�.,N,w _ •_1,0.,.,N,w9031,..,..V1,0,,,,N”ViN,w�3,MON,D..13w9,3 . . . .„<.N,wOa„moNW IIMONY>11131,�3,MO ,V- Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ • ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • ©Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 n V��V1V,VV\!rWVWn� A.V.�VV'W�4/T AW%V3V4I"'✓Vr�iM�V'V�V.h�n J~J�lvA nViilrty���1�tiJ1�rWJ1A AVM\h�%uV�V/V nVV 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 MAY 0 9 2023 before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 � F. LISA PELLERITO paragraph is true and correct. Ncta^i biic Caiifornia • ) c•ange County WITNESS my hand and officia' • Cocmission;2383234 `� `'' My Comm.Expires Nov 16,2025 ••, r n - • Signature: M' ature of Notary Public Place Notary Seal Above ------------ --- OPTIONAL ------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑General ❑ Partner: ['Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 POA# 510842 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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney 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 attorney,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 2nd day of December 2021 . SureTec Insurance Company 2NCF Markel Insurance Company r• .72 9 us W By SEAL ';'_ /� � BY- Michael C.Keirni ,President mod' - 1 ` ,.'.xtn B .....*..•=' !,��zj//rr*'r„````�.` R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this and day of December 2oz1 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force. ``...s e e e r r r r.... IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed re, I.$aal•aet e C rtyof Henrico,the day and year first above written. O•;o�PFtYP&O.• j.� COMMISSION ` 4 i • n NUMBF_R Q BY: �-- '� _--�, O 2 : Donna Donavant,Notary Public • 7063968 • .' <j ` My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Marke!',19sLi fi C r�by derby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and haSfrgt� er a'e4 . IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 Sur ec Insur ce C pan Markel Insurance Company M.Br t Beaty,Assistant Secrets Richard R.Grinnan,Vice President anti-Se ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Bond No.: 4462760 Bond Fee: Included in Performance Bond Executed in three originals LABOR AND MATERIAL BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.2) PUBLIC AND RIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public and private improvements, which agreement, dated Tu L l ' , 20 23 and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Cathedral City (hereinafter designated as "City") 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. NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Sixty Two Thousand Dollars ($ 162,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 the City in successfully enforcing this 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement 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 1 Bond No.: 4462760 Bond Fee: Included in Performance Bond change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 , 2023 PRINCIPAL: Reflections at Cimarron, LLC A California Limited Lia 'lity Company By: Ja es W.` ute, Jr. M nager SURETY: 0 reTec Insurance Comply rety , mpany Signatu rized epresentative Vanessa Copeland, Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston, TX 77042 Surety Address and City (619)400-4104/dmelman@markelcorp.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT '14CKHOWLED6MallAiRMOWLEDGMENTACKNOWIEoGMEN GMEN,.<.NoNIEa.,EN.a«NawLFxMENTACKNowLEaMEN,.L.OWtfDOWNTACKNOWLEDagNi.C.N oWLEDGMEMTACKHOWLMMENTACRNOWLEDGMENTACKY_ ,wLEaMENr r.NowAMNIEN.ACKN EaMFHTACKNO__G,AfN,AC„owLrWMEN.ACKNOWLraMr,TAC„ EaM A notary public or other officer completing this certificate verifies only the identity of s the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. F State of California ) County of 01rt1Y1 tj ) On Mal 3 12 O'2- before me, J VA�V HG1 r i-I S , NG�fi r H PU b I f b (here insert name and title at the officer) I personally appeared J&ivrles \tl st'iv)-t, Jy 1 R who proved to me on the basis of satisfactory evidence to be the person(&)-whose name{. *e-subscribed to the within instrument and acknowledged to me that&she/they executed the same in Yhcr/them authorized capacity(-ies}; and that by0lacMhetr signature(&) on the instrument the person(s), 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. _ _ _ _ 1 1 :'ram JUDY HARRIS o �,� COMM. #2309858 z WITNESS my hand and official seal. z 'twoiiii Notary Public • California o a 1 Orange County i _ _M�f Comm.Es ires Nov. 17,2023� x i. Signature v ---\ (Seal) f N3w9031MON,_-_.,,0,331.,1.N,,.9031MoIDri.,W903,,, J,.N,w�, 9031moNW O”MON,1.,,wDC3IMON,V.3w�31MONMDVINWHIl,VOW,...Iwx3,moN,D.1,13W9031MONMDVIN3w�31�1..,.1,.903,,,OWV1N.9031MONMJV.N3, VONMDVIH. , Ja3,MONADV,31,.,mo1,r.H3w9,NC.. Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 •�vvnv�vn✓;�w•✓vvvwv-vvvvvwvv vvvv.vvvvvvvvvvvvvvvvv^wvvvwvvvvvvvvvvvvvvvv-wvvuvvvvvvvvvvv nr.nnnr,nnnr.nnnnnn.n.�nnnnnn.n,�nn nnnnnnr,nnnr,nnnr,nn.,.,tir.nnnnn.nnn nnnn nnnnnnn nnnnnnnnnnnn 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 MAY 0 9 2023 _before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 LISA PELLERITO paragraph is true and correct. _ W Nota^+P biic California _' '1 Ceange County " '��'''`� Cormission 4 2383234 WITNESS , h., d and o ial My Comm.Expires Nov 16,2025 ` Signature: S gnature of No Public Place Notary Seal Above ---- - OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual Cl Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ['Limited ❑General ❑ Partner: ❑Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: n�nnnnn Rev. 1-15 • POA# 510842 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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney 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 attorney,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 2nd day of December 2021 . SureTec Insurance Company v�NC `Js„num!,, Markel Insurance Company as .N `J CF,,, B a w i =Y SEAL ;= t DD =z:Michael C.Keimig,President ',. 1 l v %,`�'•91gmQ�i` .Alti . R///147 usso,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this and day of December 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force. ,`,,,,e e e e r r•r r,Q,,,, IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mob il.5eahhat!g Ckrtjrpf Henrico,the day and year first above written. vJJ �:O�PR Peel '�--' • COMMISSION By: 0 ; NUI'48F_R Q ' Donna Donavant,Notary Public 7053968 • CD My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Markin s gnrilgSCty dyrherby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and halhgtrlZetiq r�yofct�d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 . Sur ec Insur ce pan Markel Insurance Company B BY:ICI `2LiX t 1 �/� - -- M.Br t Beaty,Assistant Secrete Richard R.Grinnan,Vice President and-Se ary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Bond No.: 4462760 Bond Fee: $6,980.00 Executed in three originals FAITHFUL PERFORMANCE BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.1) PUBLIC AND PRIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron LLC, a California Limited Liability Company (hereinafter designated as "Principal"), have entered into an agreement pursuant to California Government Code section 66462 whereby Principal agrees to install and complete certain designated public and private improvements, which said agreement, dated JJiAc )•I- , 20Z1 and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement, to furnish a good and sufficient bond for the faithful performance of said Agreement; and NOW, THEREFORE, we, the Principal and SureTec Insurance Company , (hereinafter designated as "Surety"), a corporation organized and doing business under and by virtue of the laws of California and duly licensed to transact surety business in the State of California, are held firmly bound unto the City of Cathedral City (hereinafter designated as "City") in the penal sum of Three Hundred Twenty Four Thousand Dollars ($ 324,000.00), 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 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 the 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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, 1 Bond No.: 4462760 Bond Fee: $6,980.00 and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 , 20 23 PRINCIPAL: Reflections at Cimarron, LLC A California Limited Li bility Company By: J es W. ute, Jr. Manager SURETY: : reTec Insurance Ca pany )et TP* Signature of - th.ized Repr-sentative Vanessa Copeland,Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston,TX 77042 Surety Address and City (619)400-4104/dmelman@markelcorp.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 • CALIFORNIA CERTIFICATE OF 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 OY.01 ) 2 On Mai J f Z°2- before me, dkm( H' 'VtS root-arN puled & (here in4ert name and Title of the officer) personally appeared Jayne,' W ,(vw`e, ,L who proved to me on the basis of satisfactory evidence to be the person(s.}-whose name Is aie-subscribed to the within instrument and acknowledged to me thatcV•s executed the same in J/herltheir authorized capacity(ies), and that byOher/their signature( on the instrument the person(}, or the entity upon behalf of which the person(6)-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. JUDY HARRIS o : COMM. #2309858 z � : Notary Public -California o WITNESS my hand and official seal. z r� Orange County 9 MYComm.Expires Nov.17,20231 x r Signature (Seal) iijtH.9031M0. :..9031/,0.,V01.9031Mo„DVINN 3,N YIN 3,A, ..J.IN3w9031MOWY,N3w903,,0NAD.IN3w9a,1m01,,.,13w9031 ONOV OV.33 ri.�3w9031Mo.YSINW19031MOMADVIIIMMODMONNJVI.V19031MONYJNIX.9031.NOMNIN31.19031.....1.31MOWV.V19031/401.3.1.9031MMOV% Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. AM Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 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 MAY 0 9 2023 before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. .; ..•.:�,. LISAPELLERITO �' .. Notari P_blic-California I orange Cocnry WITNESS m d and offic. s Commission;2383234 , . My Comm.Expires,Nov 16,2025 r Signature: Signature of Notary Public Place Notary Seal Above OPTIONAL --------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ['Limited ❑General El Partner: [Limited ❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee El Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: n`.-n i.`f.Yi.r n-;..n nvn nv-,,-,, �v�v�vnv�vR�.rtw vM1s••,-; vvvwv;,,-.... v�v�v--. ..��Avy vtw;vwvM1. �vn�nvii"-A-,:nvi�"n.r-sz-',.`,is-n,,•;,,n n n�n n iin-nYn• Rev. 1-15 • POA# 510842 JOINT LIMITED POWER OF ATTORNEY KNOW AU.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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and seated 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 attorney,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 end day of December 2021 . SureTec Insurance Company �srmii!rr 5s1pANC Jsss�l�NCr��i Markel Insurance Company \xa Fc `J��`' pF f ~tu'W Niss9 I _.• SEAL �� " ; � /,� Michael C.Keimig,President 'n`•• 1 ' ..4.1.111 t� ...., ..•=' , "sssssss. R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico 5S: On this end day of December z0z1 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force. ,,,e e s r r e r rq, IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mrb 5 al a!t g CFityof Henrico,the day and year first above written. P MY n• <r COMMISSION By, NUIv1F3F_R Q O Donna Donavant,Notary Public 7083968 .. � e My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and MarkeYyindr/'ir,¢LCirj l;s erby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and hahgtrtil5ri jfyelc4d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 . Sur ec Insur ce pan Markel Insurance Company {} B M.Br t Beaty,Assistant Secrets { Richard R.Grinnan,Vice President aii'&Se ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business.day between 8:30 AM and 5:00 PM CST. Bond No.: 4462760 Bond Fee: Included in Performance Bond Executed in three originals LABOR AND MATERIAL BOND SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 38137 (California Government Code § 66499.2) PUBLIC AND RIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Cathedral City, State of California, and Reflections at Cimarron, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public and private improvements, which agreement, dated J V J' t t4 , 20., and identified as "Subdivision Improvement Agreement, Tract No. 38137" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Cathedral City (hereinafter designated as "City") 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. NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Sixty Two Thousand Dollars ($ 162,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 the City in successfully enforcing this 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement 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 1 t Bond No.: 4462760 Bond Fee: Included in Performance Bond change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on May 9 2023 • PRINCIPAL: Reflections at Cimarron, LLC A California Limited Liablity Company By: J es W. Shute, Jr. Manager SURETY: do ureTec Insurance Co ny ,r I uret ompan Signature of uthorized Repres ntative Vanessa Copeland,Attorney-in-Fact Printed name 2103 CityWest Blvd., Suite 1300, Houston, TX 77042 Surety Address and City (619)400-4104/dmelman@markelcorp.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 CALIFORNIA CERTIFICATE OF 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 ONVI ) On Mal 3 , 2 o2?j before me, d uC y Vt a WIC 1 NOM vi PuL9l( (here insert name and itle of the officer) personally appeared J AYV1ec W (14Vf€, J 1- F R who proved to me on the basis of satisfactory evidence to be the person(-5-whose name(•s)0a subscribed to the within instrument and acknowledged to me that executed the same in (Mk►cr/ eir authorized capacity(ie•s), and that b f/her/thei.r signatures}on the instrument the person(•), 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. '"`.41/4 JUDY 1ARRIs o a` g.' OMM. #2309858 Z WITNESS my hand and official seal. Z ;f' Notary Public -California o Orange County • M Comm.Ex.ires Nov. 17,2023' Signature (Seal) wDOIMON.ri,.,.9031,0„D..N3w9031MON ..113 3,A,O,A..�3�3,,0,ri.N31191:1 MOVIN.0011M011113VIND C,1MOWV,N,w9031MON,J.,N3w6„MONM,...903,1010.,31,(111m01.,.1N3 31M0N,J.IN0.19.„10.DV,N,rv9a„m D..N3w•DC3,A,G.N111, 31Mo1,3.13w003,ma.,..113, ,,, ..14.9133„AON .% Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General El Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 non A.nVaiiV'w�T�'uVA VAWn V�VYA'�V`V'VY,VV�V`4�nVa vh nV+l�i+"n�n�i. nviia�h� vnV���A�r.JV\VW iYv.. 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 MAY 0 9 2023 before me, Lisa Pellerito ,Notary Public, personally appeared Vanessa Copeland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 V/�,,•,tif' LISA PELLERITO paragraph is true and correct. / Nota^!PLbiic-California Z i _ O•ange CoLnty iLirmirowimmergreimp LY Cocrission;2383234WITNESS ��and and of�� 1 s:. Comm.Expires Nov 16,2025 I Signature: f Signature'fNotary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑General ❑ Partner: ❑Limited 0 General © Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: w,�.,,.,�,,nn.,,�,,��,,--wsv.;�,m .z.n:- . �,,�h.,,;. h;...,n,�;:-;;-,.;,: ,,..-gin w„�;z� ..n-�.. ,--, - ,�J; Rev. 1-15 • . • POA# 510842 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: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland,Jennifer Grenrood,Natassia Smith, Lisa Pellerito,Ellie Peck,Terah Lane Their true and lawful agent(s)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: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 2nd day of December 2021 . SureTec Insurance Company win rrr uFtANc JuRAN rrr� Markel Insurance Company O .; o J /1/1/1411 Byl#92104PC441 VC t y ISEAL )) f ' Michael C.Keimig,President �'•• , .$ .....*.. ,���„z i ```,�. R in Russo,Senior Vice President itin of Virginia .......-- Commonwealth County of Henrico SS: On this 2nd day of December 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 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 aforesaid, and 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 were duly 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 of said Companies referred to in the preceding instrument is now in force. `,,,c,,,r r r r s,,, IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mrb I iea g. tyof Henrico,the day and year first above written. O:p�P '6'`•.2A 12 MY n': �� • COMMISSION By: � - _;r-- 0•; NU'S__R Q• Donna Donavant,Notary Public . -i• 7063968 ' i Mycommission expires 1 3 ,�' �.9 P / 1/2023 We,the undersigned Officers of SureTec Insurance Company and Markery�sJ'i✓�r,��t s 5j'fiy dQ`herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and ha?hgtAiir,oypk4d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 9th day of May 2023 . Sur ec Insur ce C pan Markel Insurance Company B By: t r M.Br t Beaty,Assistant Secrets Richard R.Grinnan,Vice President ari ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510842 For verification of the authority of this Power you may call(713)812-0800 on any business day:)etween 8:30 AM and 5:00 PM CST.