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HomeMy WebLinkAboutItem No. 09 - Final Map 37977 Corydon GatewayCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-428 Agenda Date: 12/14/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 9) Final Map 37977, Corydon Gateway 1.Approve Final Map No. 37977 subject to the City Engineer’s acceptance as being true and correct; 2.Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 37977 and 3.Authorize the City Manager to execute the Construction Agreements for Street Improvements and Monumentation. Page 1 City of Lake Elsinore Printed on 12/14/2021 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Remon Habib, City Engineer Date: December 14, 2021 Subject: Final Map 37977, Corydon Gateway Recommendations 1. Approve Final Map No. 37977 subject to the City Engineer’s acceptance as being true and correct; 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 37977 and; 3. Authorize the City Manager is to execute the Construction Agreements for Street Improvements and Monumentation. Background The proposed Final Map No. 37977 is located at the westerly corner of Mission Trail and Corydon Road. It consists of 6.07 acres. Included are six (6) parcels and two (2) lettered lots consisting of one (1) water quality basin and the other dedicated to the public for street and public utility purposes. Parcel size averages approximately 0.97 acres with proposed uses for fast food, convenience store with a gas station, car wash, tire store, and flex-tech condos. Discussion Per the Subdivision Map Act section 66474.1, Final Map No. 37977 has been reviewed and it has been determined that it is in substantial conformance to the previously approved Tentative Tract Map No. 37977. All Conditions of Approval relative to the Final Map approval have been completed. Fiscal Impact Public improvements are to be constructed by the developer. The surety posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits A - Final Index Map B - Vicinity Map C - Construction Agreement TOTAL AREA: 6.07 ACRES NET AREA: 5.82 ACRES NO. OF PARCELS: 6 LETTERED LOTS: 2 a o Z _ 121.70' co _co W R LOT "B" w ,. �- $ rn LINE DATA LINE BEARING LENGTH L1 N11°0448"E 50.72' L2 N87°3332"E 42.78' L3 N87°33'32"E 114.29 L4 NO2°25'54"W 141.04' L5 N87°3433"E 5.09 L6 N36°34'59"E 8.25' L7 N6°30'31 "W 12.13' L8 N2°25'54"W 8.69' L9 N47-28-32"W 11.31' IN THE CITY OF LAKE ELSINORE, COON OF RIVERSIDE, STATE OF CALIFORNIA SHE PAO' BEING A SUBDIVISION OF PARCEL 1 OF LOT LINE ADJUr TMENT NO.2020-00005, RECORDED JUNE 24, 2020 AS I INSTRUMENT NO.2020-0272772 OF OFFICIAL RECORb IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WItHI q PORTIONS OF FRACTIONAL SECTIONS 21 AND 22, TOWNSHIP 6 SOUTH, RANGE 4 WEST, S N BERNARDINO BASE AND MERIDIAN. 60' KWC ENGINEERS FEBRUARY 2021 .PAR. 2, L.L.A. 2020-00005, '------------ N I REC. JUNE 24, 2020, INST. NO. 202 - 272772 - - - - - - - LEMON ST. N87°36'07"E 749.86' R7) - - - - _..----------'----- N87°34'33"E749.59 ( in 'M6 67.1' 220.53'94.68' N86°57'44% 105.06' _ _ _ _ _ -1--- --- 287.64' cn--------�] }- --," �/------ N87°34'33"E272.19 cn r -o-\ �cn z 0=90°0135 w w „'�2r� Z�+ A=89 58'25"N2°25'27'11V 3 N8T36'18"E a L=15.71' R=20.00' �, a N lJJ 15.00' 51.92' [� I L=31.41' 3 z °' 0.86 ACRES � I N 1.10 ACRES (GROSS) N 1 1.09 ACRES (NET) -� o I & 11 1 N N,I z , I Z IZ ° 1 1 30' ACCESS cD _ (Lo 6cr I Q LLI I v Q N87°38'56'E 1 EASEMENT .50' 12.50 M 74.66' N2°21'04'W �C7 N87°36'11E 312.76' 30.80' 184.66' I~Dr` II N I ~0O \ 128.10' � N 47.94' 1 I M � a' 1.10 ACRES 54.94' \ 1 cCD o N87°38'56"E \ \ co z \ \tiS�,° 0 1 \ \2i5i Co co co 3 1 N Lo z cm � z 1 I Z C2 1 \ 1 5' 1 156 55' I I N36°38'47"E 2 1 1 AAggc ��`O 42.86' 1.11 ACRES (GROSS) I I I - \\ q F9,�Fl�, I 1 1.09 ACRES (NET) 1 I I N. \ 9SFL' p �tiq! OS p I 30' ACCESS N. �O�L�s'T�p4/p�gOFgS7 �(, ° N P- EASEMENT ) I I 5 `7s34, z 1 15.50' 14.50' �Op) cOti �' 1.04 ACRES 3 S9F rn / \ COS 95jO pSs pF ys, - r' / ?yg 1 1 .4 N o ��9T/�ti 1 / / a w r INN / � MCA \\ alo 0, �'2s4 I Z /�� / 1 w w \\\ T9�co�rg0 'Y/�0N 1 / . z } z I U) [� (50.6&) y \ \ IN, (42.7T R) IN (140.99' R3) 46- �c /It, �o�/ O.� \ 0.63 ACRES _ P�G ?'ssj \ \ Noe°r�oo^N,n, ; /�� / M2 _ - = L37 ` Q S' (R i M CURVE DATA CURVE DELTA RADIUS LENGTH Cl 28°35'32' 205.00 102.30' 1 C2 (50°58'32" 150.00' 133.45 M&R3) C3 14°14'48" 205.00' 50.97 1 C4 14°20'43" 205.00' 51.33' C5 04°22'20" 205.00' 15.64' I C6 09°06'48" 205.00' 32.61' I C7 51°01'49" 6.00' 5.34' i 50' 0 50100' 150' SCALE /N FEET NOTES: SEE SHEET 3 FOR BASIS OF BEARINGS, SURVEYOR'S NOTES, AND EASEMENT NOTES. \ .�/ cr \ / cV i I \\ h8 \ / soy' ` I / �/ \ / / 4 OF 4 SHEETS I WAITE ST. 1 � ---- M4 I EXHIBIT B VICINITY MAP AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned RED Corydon, LLC whose business address is 38605 Calistoga Drive, Suite 150, Murrieta, CA 92563 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as 37977 which map was prepared byKWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance"; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Monumentation - PM 37977 FM-2021-0001 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such https://Iakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance byoron behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, theyshall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing anyaction for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at anytime after any such default, the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of: Ten Thousand Eighty Dollars ($10,080.00 ) to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a cash deposit (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued bythe City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the Cityof Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this 22nd day of November 2021 r SIGNED: (Type Name/Title) Mark R. oper I P sidanl FOR: RED Coryd L (Name of Company on above line) CITY OF LAKE ELSINORE I*.Fd ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 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 Calif nia County of��' On before me, f '� ±A[4 (insert name and title of the officer) U personally appeared o pfx who proved to me on the basis of satisfactory a idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — — . o., rvaunlnv Notary Puhtic - California = r =,6 Riverside County Commission ? Z349853 )aO/J(My Comm. Expires Mar 3. 2�t5 Signature (Seal) AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned RED Corydon, LLC whose business address is 38605 Calistoga Drive, Suite 150, Murrieta, CA 92562 . herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as PM 37977 Corydon Gateway which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance"; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Off -Site Street Improvement on ENG-2021-00151 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at anytime after any such default, the City may make written demand upon the Subdivider and suretyto immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of•........•............................................................... Three Hundred Three Thousand Five Hundred Seventy -Four Dollars ($ 303,574.00 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Three Hundred Three Thousand Five Hundred Seventy -Four Dollars ($303,574.00 ) to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this 22nd day of Nonmember 2021 SIGNED: (Type Namerritle) Mark R. C r I pres ern FOR: RED Corydon, LLC (Name of Company on above line) CITY OF LAKE ELSINORE M ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 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 Calif la County of M yC On before me, kw&w (insert name and title of the officer) personally appeared !" t UI 1� �� r who proved to me on the basis of satisfactory a idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal CLAUDIA VALDEZ Notary Public - California Riverside County ` Commission X 2349853 [ Signature (Seal) My Comm. Expires Mar 3, 2025 ■ FAITHFUL PERFORMANCE BOND CITY OF LAKE ELSINORE (located in the County of Riverside, State of California) FOR: Streets & Drainage $ 303,574.00 Landscaping $ Surety Philadelphia Indemnity Insurance Company Address 800 E. Colorado Blvd., 6th Floor City Pasadena, CA Zip Code 91101 Project No. ENG-2021-00151 Bond No. PB02497501313 Premium $9,107.00/2 yrs. Principal RED Corydon, LLC Address 38605 Calistoga Dr., Suite 150 City Murrieta, CA Zip Code 92563 WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and RED Corydon, LLC (hereinafter designated as "principal") have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above -designated public improvements, relating to City Project Number PM 37977 which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal, and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the City of Lake Elsinore, in the penal sum of:.............. Three Hundred Three Thousand Five Hundred Seventy -Four Dollars ($303,574.00 } 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 bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, 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 a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -:\L•ZL Cocuu:u\My C_- lit::\Lake C_:!_uo-e\71), x! FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety. When the work covered by the agreement is complete, the City of Lake Elsinore will accept the work and thereupon the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreement(s). IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on November 19th 2021. NAME OF PRINCIPAL: RED Corydon, LLC AUTHORIZED SIGNATURE(S): By Title Title (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: - - Shane Wolf Its Attorney -in -Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY -IN -FACT -:\GZL C<:7—m\11y C__euts\L.ke E­-uo_z\-o_cie\-d-^_II-::L 2 ALL- PURPOSE 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 Orange } On November 19, 2021 before me, Susan E. Morales, Notary Public (Here insert name ana 011e or the o icer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the persons) whose nameH is4m subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedthleiT authorized capacity(fes), and that by hist`eFAheir signatureH 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. --------------- SUSAN E. MORALES WITNESS my hand and official seal. COMM. # 2279182 z ' NOTARY PUBLIC - GALlFORNIAr- ❑RANGE COUNTY 1%dy Comm. Expires March 28,`2�0�2a Notary Public Signature (Notary Public Seal) G3 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #PB02497501313 (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 11/19/21 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Versiur ww v NotaryClasses corr 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)- • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they is /are ) or circling the correct forms. Failure to correctly indicate this infonmation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 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 Cali nia County of ll! a' d t' } On before me, �I G M 1*1 A) insert na a and title of the officer) personally appearedH01(v ` Uoptr who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CLAUDIA VALDEZ C f Notary Public - California Riverside County Signature (Seal) Commission x 2349853 My Comm- Expires Mar 3, 2025 11 PHILADELPHIA INSURANCE COMPANIES A Member of the Toldo Marine Group One Sala Plaza, Suite too, Pala Cynwyd, Pennsylvania 19004 61o.617.7900 • Fax61o.617.7940 • PHLY.com SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITY INSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia Indemnity Insurance Company ("PIIC") has temporarily authorized its Attorneys -in -Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20" day of March, 2020. Philadelphia Indemnity Insurance Company By. �W Michael Cundiff, Senior Vice President Philadelphia Consolidated }folding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Company • Maguire Insurance Agency, Inc. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Rohm, Shane Wolf, Cheryl L. Thomas, Beata A. Sensi and Cathy S. Kennedy of ROHM Insurance Agency, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (S eat) Jail Gloolb, President & CI U Philadelphia Indemnity Insurance Company On this 51 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. a mmanwon rth of Penn ayI"Sa nle-Notlry ar Wnasw Mdcenzle, NoliryPublic Mo n Igoms ry co uMy MycommleelonWires November3, 2024 CcwnleBlormamber 1386394 1A6MW panneywav a r%cucu llnn of mouI ee Notary Pu blic: residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51 day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of November 2021 Edward Sayago, Corporate Secretary ' I PHILADELPHIA INDEMNITY INSURANCE COMPANY MATERIAL AND LABOR BOND CITY OF LAKE ELSINORE (located in the County of Riverside, State of California) FOR: Streets & Drainage $ 303,574 00 Landscaping $ Surety Philadelphia Indemnity Insurance Com Address 800 E. Colorado Blvd., 6th Floor City Pasadena- CA Zip Code 91101 Project No. ENG-2021-00151 . Bond No. PB02497501313 Premium included with the Performance Bond Principal RED Coryi Address 38605 Cal City Murrieta, CA Zip Code 92563 n, LLC Dr., Suite 150 WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and RED Corydon, LLC (hereinafter designated as "principal") have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above -designated public improvements, relating to Project Number PM 37977 Corydon Gateway which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Lake Elsinore to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Lake Elsinore and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Three Hundred Three Thousand Five Hundred Seventy -Four ($ 303,574.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. https://Iakeelsincre.shampoint.com/eng/Shamd Documents/Engr/SECURITY/SECURITY- NE W/BOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND.docx; 1/29/2020 The surety hereby stipulated 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 obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the surety's obligations hereunder and are hereby waived by surety. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on November 19th . 2021 . NAME OF PRINCIPAL: RED Corydon, LLC AUTHORIZED SIGNATURE(S)- By: ( ) I Title: By: Title: (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: Shane Wolf Its Attomey-in-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY -IN - FACT https;//Iak-isimre.shampoint.com/eng/Shawd Documents/Engr/SECURITY/SECURITY- NEWIBOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND. dock; 1/29/2020 2 ALL- PURPOSE 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 Orange I } On November 19, 2021 before me, Susan E. Morales, Notary Public (Here insert name ana 011e oT the o ioer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person* whose nameH is om subscribed to the within instrument and acknowledged to me that he/shefthep executed the same in his!' ierftheii authorized capacity(tes), and that by hist`�tr,e„thei signatureH 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. SUSAN E. MORALES WITNESS my hand and official seal. ,M COMM. # 2279182 Z a NOTARY PUBLIC - CALIFORNIAK y„ ORANGE COUNTY My Comm. Expires March 28, 2023 olary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #PB02497501313 (Title or description of attached document) Philadelphia Indemnity Insurance Co. Mile or description of attached document continued) Number of Pages 2 Document Date 11 /19/21 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other »a iwsv NolaryClassrs corn INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary pub] is for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e, he/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i,e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 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 Ca rnia County of to } On �11T� vV �� before me, �IaV61clu, N' (insert name and title of the officer) personally appeared U - D L who proved to me on the basis of satisfactory eviden a to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rr rti CLAUD[A VAL❑EZ r" Notary Public - California � _ Riverside C0onty Signature (Seal) ' Commission a Z349853 •. •r.•''�• My Comm. Expires Agar 12025 PHILADELPHIA INSURANCE COMPANIES A Member of the Toldo Marine Group One Sala Plaza, Suite loo, Bala Cynwyd, Pennsylvania 19004 61o.617.7900 • Fax61o.617,7940 • PHLYcwm SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITYINSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia Indemnity Insurance Company ("PIIC") has temporarily authorized its Attorneys -in -Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20TH day of March, 2020. Philadelphia Indemnity Insurance Company 0.4 AN P11 I Michael Cundiff, Senior Vice President Philadelphia Consolidated Holding Corp. • Philadelphia Indemnify Insurance Company • Tokio Marine Specialty Insurance Company • Maguire Insurance Agency, Inc. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Rohm, Shane Wolf, Cheryl L. Thomas, Beata A. Sens! and Cathy S. Kennedy of ROHM Insurance Agency, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141 of November. 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto byfacsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) 4JC11,401.ib. President & CEO Philadelphia Indemnity Insurance Company On this 51 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. 000manW011t1 of RaylveNta -Nat&ry Baal Notary Public: vanncsa Mckonsla. Notsry Pub] a Montgomery County Mycommlaalonexphes Nowmber3, 2024 Commiselon number 1360394 1AamCir.Renn�yivtr nA:svclai+vnoi ua�a•ra residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51 day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of November 2021 ,.JN 1 . 1927 ` • ••_ Edward Sayago, Corporate Secretary r PHILADELPHIA INDEMNITY INSURANCE COMPANY AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned RED Corydon, LLC whose business address is 38605 Calistoga Drive, Suite 150, Murrieta, CA 92563 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as PM 37977 Corydon Gateway which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance"; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Traffic Signal Improvements on ENG-2021-00326 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at anytime after any such default, the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of......................................................................... One Hundred Seventy -Nine Thousand Five Hundred Ninety -Two . Dollars ($ 179,592.00 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! One Hundred Seventy -Nine Thousand Five Hundred Ninety -Two Dollars ($179,592.00 ) to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this 22nd day Of November .2021 SIGNED: (Type Name/Title) Mark R. Coope I Pregld rn FOR: RED Corydon, LLC (Name of Company on above line) CITY OF LAKE ELSINORE C. ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 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 CaliMl(5& Countyof } On lk before me, ' W-P�r(insertname and title of the officer) personally appeared I" IV�� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature WA U ''•r, CLAUDIA VAL0k2 < ; �' Notary Public - CaiiFprnia Riverside County 7. . - COMMi5510n C 23A9S53 r (Seal) r�ii a�.``� µY Comm. Expires mar 3. 20?1- FAITHFUL PERFORMANCE BOND CITY OF LAKE ELSINORE (located in the County of Riverside, State of California) FOR: Streets & Drainage $ 179,592.00 Landscaping $ Project No. ENG-2021-00326 Bond No. PB02497501314 Premium $5,388.00/2 yrs. Surety Philadelphia Indemnity Insurance Company Principal RED Address 800 E. Colorado Blvd., 6th Floor City Pasadena. CA Zip Code 91101 , LLC Address 38605 Calistoga Dr., Suite 150 City Murrieta, CA Zip Code 92563 WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and RE D. Corydon Gateway (hereinafter designated as "principal") have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above -designated public improvements, relating to City Project Number PM 37977 which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal, and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the City of Lake Elsinore, in the penal sum of: ................................ One Hundred Seventy -Nine Thousand Five Hundred Ninety -Two Dollars ($179,592.00 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 bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, 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 a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -:\EZL Cocu ,,\Mty C_'_e i-_:a\Lake G_::uu;--a\-u_cm\=?=^❑=;:L FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety. When the work covered by the agreement is complete, the City of Lake Elsinore will accept the work and thereupon the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreement(s). IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on November 19th . 20 21- NAME OF PRINCIPAL: RED Corydon, LLC AUTHORIZED SIGNATURE(S): By Title By Title (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: �" Shane Wolf —a Attorney -in -Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY -IN -FACT =: \GZL Cora ou\D1y C_'_ent::\Lake C_s _uo_e\-o-rca\-A=^fI=;:L 2 ALL- PURPOSE 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 Ora On November 19, 2021 before me, Susan E. Morales, Notary Public , (Here insert name and title of the o ioer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s�) whose name(&) is/e� subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/Iierftheir authorized capacity(L-s), and that by hist"e�rr signature(&) 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. SUS AN E. MORALES WITNESS my hand and official seal. COMM.#2279182 �i 9 "�0w NOTARY PUBLIC - CALIFORNIA. z' . J ORANGE COUNTY r �� filly comm.Expires March �$, 2023 �' Notary Public Signature (Notary Public Seal) � ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #PB02497501314 (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 11/19/21 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Versior ow w NotarvClasses.corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e- he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 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 documeft. State of Ca Tv i m ��� County of - } On before me,Naod(A WcL.Nblid�&yq (insert name and title of the officer) personally appeared f� 1 who proved to me on the basis of satisfactory evidence td 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L*• CLAUDIA VALDEZ ` Notary Public • California �vRiverside County Commission x 2349853 Signature (Seal) ' �•'� My Comm. Expires Mar 3, 2025 PHILADELPHIA INSURANCE COMPANIES A Member of the Toldo Marine Group One Bala Plaza, Suite too, Sala Cynwyd, Pennsylvania 19004 61o.617.7900 • Fax61o.617.7940 • PHLY.cvm SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITY INSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia Indemnity Insurance Company ("PIIC") has temporarily authorized its Attorneys -in -Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20TH day of March, 2020. Philadelphia Indemnity Insurance Company 'T 1927 a By: na-� P/// Michael Cundiff, Senior Vice President Philadelphia Consolidated Holding Corp. • Philadelphi❑ Indemnity lnsurance Company • Tokio Marine Specialty Insurance Company • Maguire Insurance Agency, Inc. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Rohm, Shane Wolf, Cheryl L. Thomas, Beata A. Sens! and Cathy S. Kennedy of ROHM Insurance Agency, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity andwritings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amountnot to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED. That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. rU�l i s" (Seal) " Job Olumb, President & CEO Philadelphia Indemnity Insurance Company On this 5'day of March, 2021 before me came the individual who executed the preceding instrument, tome personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: ppmn+omreebhof vannsylsnNa • Noury Beer Y �x r' •sue 1� �c � ��c lL venesoa Mden:le, Notary Pub ik Montpomerycounty Mycommis slonexplres Move mber3, 2024 Commission number 1380394 memear penMy+ra^ eAr/ocrplbnof Nauw0 residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of November 2021 {s 1 92 7 Edward Sayago, Corporate Secretary q = PHILADELPHIA INDEMNITY INSURANCE COMPANY Sys •"^'n•.....,,,����' MATERIAL AND LABOR BOND CITY OF LAKE ELSINORE (located in the County of Riverside, State of California) FOR: Streets & Drainage $ 179,592.DD Landscaping $ Project No. ENG-2021-00326 . Bond No. PB02497501314 Premium included with the Performance Bond Surety Philadelphia Indemnity Insurance Company Principal RED Corydon, LLC Address 800 E. Colorado Blvd., 6th Floor Address 38605 Calistoga Dr., Suite 150 City Pasadena, CA Zip Code 91101 City Murrieta, CA Zip Code 92563 WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and RED Corydon, LLC (hereinafter designated as "principal") have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above -designated public improvements, relating to Project Number PM 37977 Corydon Gateway which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Lake Elsinore to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Lake Elsinore and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Hundred Sevenly-line Thousand Five Hundred NinetyTwo ($ 179,592.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. https:lllakeelslnore.shampoint.com/engIShamd DaumentslEngrISECURIN/SECURITY- NEW/BOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND. docx; 1/29/2020 The surety hereby stipulated 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 obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the surety's obligations hereunder and are hereby waived by surety. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on November 19th , 2p21. NAME OF PRINCIPAL: RED Corydon, LLC AUTHORIZED SIGNATURE(S): By: Title: By: Title: (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: �� Shane Wolf Its Attorney -in -Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY -IN - FACT https://lakeelsirkore.shampolnt.com/eng/Shamd Documents/Engr/SECURIN/SECURIN- NEW/BOND FORMS/COMM_INDUS/LABOR& MATERIAL BOND.docx; 1/29/2020 2 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #PB02497501314 (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 11/19/21 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Verdon iov<v NotaiyClasses.!.nrn 800-873-91;43F ALL- PURPOSE 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 Orange On November 19, 2021 before me, Susan E. Morales, Notary Public (Here insert name and title of the officer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the persons} whose nameH is/af-& subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in hisNier/theii authorized capacity6es), and that by histher then signatureH 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. WITNESS my hand and official seal. SUSAN E. MORALES COMM. # 2279182 Z � m� NOTARY PUBLIC - CAUFORNIAK fr(. C7J71 l_� . / ICJ3 i d ORANGE COUEi2j T Notary Public Signature (Notary Public Seal) ,� 1 fi�Y Comm. Expires Mar 0 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/grey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca �n j County of� �I,,i 1�2 On before me, N insert name and title of the officer) personally appeared 1v V—• 1AM&I who proved to me on the basis of satisfactory evidence tol be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. * -- •,'f • 0Commission CLAUDIA VALDEZ Notary Public • California Riverside County = 2349853 Signatur +r (Seal) My Comm. Expires Mar 3 2,025 17 PHILADELPHIA INSURANCE COMPANIES A Member of the Tbido Marine Group One Bala Plaza, Suite ioo, Bala Cynwyd, Pennsylvania 19004 61o.617.7900 • Fax61o.617.7940 • PHLY.com SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITY INSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia Indemnity Insurance Company ("PIIC") has temporarily authorized its Attorneys -in -Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney -in -Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20TH day of March, 2020. Philadelphia Indemnity Insurance Company By: _� �W Michael Cundiff, Senior Vice President Philadelphia Consolidated Holding Coil. • Philadelphia Indemnity Insurance Company • Tokio Marine Specinity Insurance Company • Maguire Insurance Agency, Inc. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Rohm, Shane Wolf, Cheryl L. Thomas, Beata A. Sens!. and Cathy S. Kennedy of ROHM Insurance Agency, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S5U,00E1.600. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and anthorize the Alt omey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-i n-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1 g 2 r LOA I (Seal) �„" �" " Joh ❑lomb, President & CEO Philadelphia Indemnity Insurance Company On this 5' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: oommonweebh of Ponnsvivanil - Nouq 13eel Vanessa Mckenzie, NotaryPubllc Montgomery County Myoommleelonexplree November3,2024 CvmmNclan number 1366394 f oMM.. Pen,wvsr ■AvvadlkllnnorNow-oi residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 9th day of November 2021 i i t}: r Edward Sayago, Corporate Secretary t ` PHILADELPHIA INDEMNITY INSURANCE COMPANY