HomeMy WebLinkAboutC-8206-1 - Subdivision Agreement for Tract No. 17772AMENDMENT NO. ONE TO
SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT
BEACH AND EBB TIDE, LLC
THIS AMENDMENT NO. ONE TO SUBDIVISION AGREEMENT ("Amendment
No. One") is made and entered into as of this 8th day of August, 2017 ("Effective Date"),
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and EBB TIDE, LLC, a California limited liability company
("Subdivider'), whose address is 4 Park Plaza, Suite 100, Irvine, California 92614, and is
made with reference to the following:
RECITALS
A. On September 13, 2016, the City Council for the City of Newport Beach ("City
Council") approved Final Tract Map No. 17772, authorized the execution of a
Subdivision Agreement ("Agreement") between City and Subdivider that, among
other things, permitted Subdivider to subdivide into lots and make certain private
and public improvements a tract of land referred to in the Agreement as Tract No.
17772 (and defined therein as "Tract") regarding the real property generally located
at 1560 Placentia Avenue, Newport Beach, California 92663, and approved
construction securities for the improvements contemplated by the Agreement that
were included as exhibits to the Agreement (collectively, the "Construction
Securities").
B. On August 8, 2017, the City Council approved Amended Final Tract Map No.
17772A for the "Tract" covered by the Agreement, authorized the Mayor and City
Clerk to execute this Amendment No. One to update all references to "Tract" in the
Agreement from Tract No. 17772 to Tract No. 17772A, and approved a rider to the
Construction Securities that updates the Construction Securities to apply from
Tract No. 17772 to Tract No. 17772A ("Rider"). The parties hereto desire to enter
into this Amendment No. One to update all references to "Tract" in the Agreement
from Tract No. 17772 to Tract No. 17772A and to supplement the Construction
Securities attached to the Agreement to include the Rider.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
REFERENCES TO "TRACT"
All references in the Agreement to "Tract" shall refer to Tract No. 17772A, which
reflects Amended Final Tract Map No. 17772A.
2. RIDER
The Construction Securities referenced in Section 8 of the Agreement and
attached to the Agreement with reference to Bond No. 0699532, including the Subdivision
Improvements Labor and Material Bond, the Subdivision Improvements Performance
Bond, and the Subdivision Maintenance Bond, shall be supplemented to include the
Rider, which changes the bond's references from Tract No. 17772 to Tract No. 17772A,
and is attached hereto and incorporated herein by reference.
INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
EBB TIDE, LLC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'OFFICE
Date: 7
CITY OF NEWPORT BEACH,
a California muni al corporal
Date: 9/ l C/ i-�-- i
By: Xevin
Aaron C. Harp otAaa� Muldoo
City Attorney gym;.yor
ATTEST: g*`'S�
Date: (J
By:
Leilani I. Brown
City Clerk
Attachments:
Rider
EBB TIDE, LLC, a California limited liability
company
Date: 6-1
By: MBK Homes Southern California Ltd.,
a California limited partnership, its Sole
Member
By: MBK Southern California
Residential, Inc., a Califo
M
[END OF SIGNATURES]
Craig
M
EBB TIDE, LLC Page 3
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 0�aA ) ss.
On , 20 \—I_ before me, Undseu N;cale �AiXsj her ,
Notary Publ c, personally appeared &Qi e
who proved to me on the basis of satisfactory evidenc to be the personX whose namew
Wam subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in hisA%#tkleir authorized capacity(>is), and that by his/her/their signatures�K on the
instrument the personX, or the entity upon behalf of which the person(K 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.
/.ice_ �FAR .'1011F
1 _�'.i//
LINDSEY NICOLE MANS KER
Commission # 2097255
Notary Public • California zZ
Orange County
eMyComm'
Explr;s.W11,2111
(seal)
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 ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 (seal)
RIDER
EBB TIDE, LLC Page A-1
To be attached to and form a part of Bond No. 0699532 in the amount
of $ 3,423,435.00 issued by INTERNATIONAL FIDELITY INSURANCE COMPANY on
behalf of Ebb Tide, LLC
in favor of City of Newport Beach
Effective date of Rider June 20, 2017
This Rider changes the Bond as follows:
From: Tract 17772
To: 1560 Placentia Avenue, Amended Tract 17772A
It is further expressly understood and agreed that the aggregate liability of INTERNATIONAL
FIDELITY INSURANCE COMPANY under said bond to the Obligee herein mentioned shall not
exceed the amount stated above.
Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, agreements,
conditions or limitations of the above mentioned bond, other than as above stated.
Signed, sealed and dated this 20th day of June 2017
Ebb T;,AA r r r
International Fidelity Insurance Company
By:
Shane Wolf, Attorney -in -Fact
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 Ju\A I 1Q1 2--cU
personally appeared
ss.
before me,L,rc�seu��Cpk Mane', Notary Public,
who proved
to me on the basis of satisfactory eviddnce-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. LINDSEYNICOLEMANSKER
a °_�
Commission # 2097255
(Seal) z ,. Notary Public •California i
Orange County '
C� Nca& public �— M Comm. Expires Jan 15, 2019'
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 May 20, 2017 before me, Susan E. Mor ales¢Notary Public
personally appeared Shane Wolf
who proved to me on the basis of satisfactory evidence to be the person(* whose
name* is/afe subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity6es), and that by
his"t`n �crttheif 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.
ft+'JX tYik4NK4k'RW0Av^v"NwW, 11
. S
WITNESS my hand and official seal. ., COMMSUSAN E . # 21D17Ct
MORALE
z
IL 'g� NO'fAR'f PUBLIC - CALIFORNIA N
(�DRANGF: COUNTY
w u d�h`1 f/7 �� M11y Commi. Fzplres March 28, 2019
Notary Public Signature (Notary Public Seal)
UPI IUNAL INFUKMA I
DESCRIPTION OF THE ATTACHED DOCUMENT
Bond #0699532 - Rider
(Title or description of attached document)
International Fidelity Ins. Co.
(Title or description of attached document continued)
Pages 1 Document Date 6/20/17
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
0 Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
DN INSTRUCTIONS FOR COMPLETING THIS FORM
This farm complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknohvedgents 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 lain.
• 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 names) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (ie.
he/she/the), 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.
e- 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.
AL
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE CC
the lawsof the .State of New Jersey, and ALLEGHENY CASUALTY. COMPANY a corporation(
.New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute an
SHANE WOLF, CATHY S. KENNEDY, BEATA A. SENSI, TODD M. ROHM
Orange,CA
their true and lawful attorney(s)-in-fact. to execute, seal and deliver for and on its behalf as surety, any. and all bonds and undertakings, contracts of indemnity
and other writings obligatory In the nature thereof, which are or may be allowed; required or, permitted by law, statute, rule, re ulation, contract or otherwise,
and the execution of such mstrument(s) in pursuance.. of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY: and ALLEGHENY CASUALTY COMPANY, as fully and amply, toall intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices. y' auflhorltyry g
This Power of
is executed, and mag
be revoked, pursuant to
of the
Laws of
NTERNATIONAL
TY INSURANCE
COMPANY
(INTERNA fIONAL F DELITY NSUARANCE COMPANYdat agmeeting dulyaheldnd bon thet20 h day of JWy 201( andllby he Board ofDirectors I of ALLEGHENY
CASUALTY COMPANY ata meeting duly held on the 15th day of. August, 2000:... - -
"RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporationshall have the ppower to appoint, and. to revoke
the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of atlornev, and to execute on behalf
for acceptance of process, and Attorneys -in -fact with. authority to execuCa waivers and consents on behalf of I Corporation; and. (3) the signature o� any
such Officer of the Corporation and. the Corporation's seal may. be affixed by facsimile to any power of attorney or cenlficahon g�van for the execution of any
bond, undertaking recognizance contract of indemnity or other written obligation. in the nature; thereof or related thereto, suchsiggnature and seals when
so used whether heretofore or hereafter; being hereby adopted'by the Corporation as the original signature of such officer and the original seal of the
Corporation; to be valid and binding upon the Corporation with the same force and effect as though manually affixed:"
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY: CASUALTY COMPANY have each executed and
attested these presents on this 31st day of December, 2015.
STATE OF NEW JERSEY ay cASOAUTYc
County of Essex �� b
Sk L "" nrrr.....r.,.,,, ... J
is 0 4 1936
ROBERT W. MINSTER
Chief Executive Officer (international.Fidelitlyy N�JERg�y
Insurance Company) and President (Allegheny
Casualty Company)
On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personallyknown, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directorsof said Companies.
IN TESTIMONY WHEREOF,: I have hereunto set m hand affixed my Official Seal,
.tat the City of Newark, New Jersey the day and year ust above written.
HV �^
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p NOTARY FsT *49:"
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Nunuc h
N .
q '•.Pira zo+9 y�° A NOTARY PUBLIC OF NEW JERSEY
lFOF NEW a`��`. My Commission Expires April 16, 2019
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as forth in said
Power of Attorney, with the originals on file in the home office of said companies; and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN. TESTIMONY. WHEREOF, I have hereunto set my hand: this JUN 2 0"2017 day of
MARIA B.RANCO, Assistant Secretary
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF NEWPORT BEACH
AND EBB TIDE, LLC
FOR TRACT NO. 17772
THIS AGREEMENT ("Agreement') is entered into this 30th day of May, 2016 by
and between CITY OF NEWPORT BEACH, a California municipal corporation and
charter city, hereinafter referred to as "CITY", and EBB TIDE, LLC, hereafter referred to
as "SUBDIVIDER".
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is
seeking to subdivide into lots and to make certain private and public improvements, and
is about to file with CITY a map of the tract of land known as Tract No. 17772; ("Tract")
and
As a condition of the approval of and prior to the recordation of this subdivision
map, SUBDIVIDER is required to provide one public access point and infrastructure
improvements to accommodate drainage, sidewalks, curbs, gutters, street
improvements, utility (sewer, water, and dry utilities), and to perform certain other
improvements in the subdivision; and
SUBDIVIDER desires to enter into an agreement with CITY to delay performance
of certain portions of the work; to agree to perform this work as herein provided; and to
execute and deliver to CITY bonds for the faithful performance of this agreement, for
the payment of all labor and material in connection therewith, and for the guarantee and
warranty of the work for a period of one (1) year following completion and acceptance
thereof against any defect in work or labor done, or defective materials furnished, as
required by Sections 66499 and 66499.3 of the Califomia Government Code, and
Chapter 19.36.030 Improvement Security (66499 et seq.) of the City's Municipal
Ordinance.
NOW, THEREFORE, in consideration of the promises and agreements of the
parties as herein set forth, the parties agree as follows:
1. GENERALIMPROVEMENTS
SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said
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tract required by the conditions of approval of the subdivision map not completed at the
time of the recordation thereof, including, but not limited to construction of: streets,
including excavation, paving, curbs, gutters, sidewalks, storm drain improvements,
parking, trees and landscaping; sewers, including construction of main lines and
structures; street lights; street signs; and domestic water systems, including the
construction of water mains, services and installation of meters, and dry utilities (SCE,
gas, Cable TV, Telephone, etc.). SUBDIVIDER also agrees to pay all engineering costs
and any other deposits, fees or conditions as required by CITY ordinance or resolution
and as may be required by the City Engineer. All of the work shall be done and
performed in accordance with the plans, specifications and profiles which have been
approved by the City Engineer and filed in the office of the City Engineer. All of the
work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall
be completed on or before two (2) years from the date hereof, unless the conditions of
approval of the subdivision map require an earlier completion date. All labor and
material costs and expenses therefore shall be paid solely by SUBDIVIDER. CITY may
withhold all occupancy permits until completion of all these improvements.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway improvements, including
perimeter sidewalks, medians and landscaping required by the conditions of approval of
the subdivision map, prior to release or connection of utilities for occupancy for any lot
in the tract.
3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligations as stated herein for a period of one (1) year following the date of City's
Council acceptance of same.
4. IMPROVEMENT PLAN WARRANTY
SUBDIVIDER warrants the Improvement Plans for the work are adequate to
accomplish the work as promised herein and as required by the conditions of approval
of the subdivision map. If at any time before the City Council accepts the work as
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complete or during the one (1) year guarantee period and, the Improvement Plans
prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at
its own cost and expense, as are necessary to accomplish the work as promised.
5. NO WAIVER BY CITY
Inspection of the work and/or materials, or approval of work and/or materials, or
any statement by any officer, agent or employee of CITY indicating the work or any
part thereof complies with the requirements of this Agreement, or acceptance of the
whole or any part of the work and/or materials, or payments therefor, or any
combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to
fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any
action for damages arising from SUBDIVIDER'S failure to comply with any of the
terms and conditions hereof.
6. COSTS
SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of
the work, including inspections thereof and relocation of existing utilities required
thereby.
7. SURVEYS
SUBDIVIDER shall set and establish survey monuments in accordance with
the filed map and to the satisfaction of CITY before acceptance of any work as
complete by the City Council.
8. IMPROVEMENT SECURITY
Upon executing this Agreement, SUBDIVIDER shall, pursuant to California
Government Code Section 66499, and the Newport Beach Zoning and Subdivision
Ordinance, provide as security to CITY:
A. Faithful Performance: For performance security, in the
amount of THREE MILLION FOUR HUNDRED TWENTY
THREE THOUSAND FOUR HUNDRED THIRTY FIVE
DOLLARS and 00/100 ($3,423,435.00), which is one
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hundred percent (100%) of the estimated cost of the work.
SUBDIVIDER shall present such additional security in the
form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees performance under
this Agreement and maintenance of the work for one (1) year after
its completion and acceptance against any defective workmanship
or materials or any unsatisfactory performance.
B. For Labor and Material: Security in the amount of THREE
MILLION FOUR HUNDRED TWENTY THREE THOUSAND
FOUR HUNDRED THIRTY FIVE DOLLARS and 00/100
($3,423,435.00), which is one hundred percent (100%) of the
estimated cost of the work. SUBDIVIDER shall present such
security in the form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees payment to the
contractor, to its subcontractors, and to persons renting equipment
or furnishing labor or materials to them or to SUBDIVIDER.
SUBDIVIDER may, during the term of this Agreement, substitute improvement
security provided that the substituted security is acceptable to the City Attorney;
however, any bond or other security given in satisfaction of this condition shall remain in
full force and effect until one (1) year after the work of improvement is finally accepted
in writing by CITY, and SUBDIVIDER may be required by CITY to provide a
substitute security at any time.
9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS
City and all officers, employees and representatives thereof shall not be
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responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the improvements or for injury to or death of any person
as a result of SUBDIVDER's performance of the improvements required hereunder; or
for damage to property from any cause arising from the performance of the
improvements by SUBDIVIDER, or its subcontractors, or its workers, or anyone
employed by either of them.
SUBDIVIDER shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or
from any cause arising from SUBDIVDER's Work on the improvements, or the Work of
any subcontractor or supplier selected by SUBDIVIDER
To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties') from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or SUBDIVDER's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of SUBDIVIDER, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorneys' fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by SUBDIVIDER
SUBDIVIDER shall perform all Work in a manner to minimize public
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inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. SUBDIVIDER shall be liable for any private or public property damaged during
the performance of the Work by SUBDIVIDER or its agents.
To the extent authorized by law, as much of the money due SUBDIVIDER under
and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
The rights and obligations set forth in this Section shall survive the termination of
this Agreement.
10. INSURANCE
Any insurance required by the City pursuant to any permit issued to City
including but not limited to, any encroachment permits, shall be obtained by
SUBDIVIDER.
The requirement for carrying the insurance coverage shall not derogate from
SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representatives shall at all times have the right to
demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in
prompt and timely manner, the premium on all insurance hereinabove required.
11. NONPERFORMANCE AND COSTS
If SUBDIVIDER fails to complete the work within the time specified in this
Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may
proceed to complete and/or maintain the work by contract or otherwise, and
SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not
limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon
demand.
SUBDIVIDER hereby consents to entry on the subdivision property by CITY and
its forces, including SUBDIVDERs, in the event CITY proceeds to complete and/or
maintain the work.
Once action IS taken by CITY to complete or maintain the work, SUBDIVIDER
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agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently
completes the work.
12. RECORD MAP
In consideration hereof, CITY shall allow SUBDIVIDER to file and record the
Final Map for the Subdivision.
13. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, to the addresses specified below. CITY and
SUBDIVIDER may designate different addresses to which subsequent notices,
certificates or other communications will be sent by notifying the other party via
personal delivery, reputable overnight courier or U.S. certified mail -return receipt
requested:
TO CITY:
City of Newport Beach
ATTN: Director of Public Works
100 Civic Center Drive
Newport Beach, CA 92660
14. CONSENT
TO SUBDIVIDER:
Ebb Tide, LLC
ATTN: Sunti Kumjim
4 Park Plaza, Suite 1000
Irvine, CA 92614
When CITY'S consent/approval is required under this Agreement, its consent/
approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
15. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
16. CITY APPROVALS
The City Manager of the City of Newport Beach is hereby authorized, on behalf of the
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City, to sign all documents necessary and appropriate to carry out and implement this
Agreement and to administer the City's obligations, responsibilities and duties to be
performed under this Agreement.
17. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely
descriptive and are included solely for convenience of reference only and are not
representative of matters included or excluded from such provisions, and do not
interpret, define, limit or describe, or construe the intent of the parties or affect the
construction or interpretation of any provision of this Agreement.
18. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If
any provision of this Agreement is held by an arbitrator or court of competent jurisdiction
to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall
be deemed dependent upon any other unless so expressly provided here. As used in
this Agreement, the masculine or neuter gender and singular or plural number shall be
deemed to include the other whenever the context so indicates or requires. Nothing
contained herein shall be construed so as to require the commission of any act contrary
to law, and wherever there is any conflict between any provision contained herein and
any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law.
19. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original. Each
8of11
duplicate original shall be deemed an original instrument as against any party who has
signed it.
20. IMMIGRATION
SUBDIVIDER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
SUBDIVIDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. SUBDIVIDER understands that
pursuant to Newport Beach City Charter Section 602, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by SUBDIVIDER.
22. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
23. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
24. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
25. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
9of11
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
26. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has
had the opportunity to consult with legal counsel prior to executing this Agreement. The
parties also acknowledge and agree that no representations, inducements, promises,
agreements or warranties, oral or otherwise, have been made by that party or anyone
acting on that party's behalf, which are not embodied in this Agreement, and that that
party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement contains the entire agreement between the parties
respecting the subject matter of this Agreement and supersedes all prior
understandings and agreements whether oral or in writing between the parties
respecting the subject matter hereof.
[SIGNATURES ON NEXT PAGE]
10 of 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: (� + II D
By:e�/_�
Aaron C. Harp e
City Attorney
ATTEST:
Date:
By:�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municip corporaVon
Date: 7/� �
By: ``�
Diane B. Dixon
Mayor
EBB TIDE, LLC, a California limited
liability company
Date: (a -1 S - 20 I. (o
By: MBK Homes Southern California Ltd.,
a California limited partnership, its Sole
Member
11 of 11
By: MBK Southern California
Residential, Inc., a California
corporation, its General Part .r
By:
Timothy A. Kane, President
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 Califor is
County of ss.
On !P/� 2d� befo e m y% e
Notary Public, personally appeared h who
proved to me on the basis of satisfactory evidence to be the person(g) whose name($) islft e
subscribed to the within instrument and acknowledged to me that he,&geAhey-executed the same in
hisA4efAheir authorized capacity(tes- and that by hisAierftkeir signatures[,s't 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.
-, CYNTHIA KATHERINE LYNCH
WITNESS my hand and official seal.`'' ` Commission # 2021231
Z',, Notary Public -California z
/J z Orange County
jljvL/
My Comm. Ex fires Apr 21, 2017
Si ature (seal)
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 }ss.
On 20
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
before me,
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
(seal)
iadha\,
FI INTERNATIONAL FIDELITY INSURANCE COMPANY
SunetW&P
.&"1964 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND
Bond No. 0699532
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That we, Ebb Tide, LLC as Principal, and
INTERNATIONAL FIDELITY INSURANCE COMPANY, duly authorized under the laws of the State of New Jersey to
become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Newport Beach
as Obligee in the full and just sum ofThree Million Four Hundred Twenty-Threej5ollars, ($ 3,423,435.00 )
lawful money of the United States of America, for the payment whereof, said Principal and Surety bind themselves,
their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents.
*Thousand Four Hundred Thirty -Five & NO/100
THE CONDITION OF THE OBLIGATION IS SUCH THAT, Whereas, the Principal and Obligee have entered into
an agreement whereby the Principal agrees to install and complete certain designated public improvements, which
agreement, dated , and identified as project Ebb Tide Tract 17772 is hereby referred to and made
a part hereof; and *Dry Utility, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer On Site
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the
work, to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and
all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the
agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in
the sum of Three Million Four** Dollars ($ 3,423,435.00 J. for materials furnished or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the
surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney' s fees, incurred by county (or city) in successfully enforcing this obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgmenttherein rendered.
**Hundred Twenty -Three Thousand Four Hundred Thirty -Five & NO/100
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 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of
the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension, alteration, or addition.
Sealed with our seals and dated this 1 st
See Attached Signature Page
By:
day of June
2016
INTERNATIONAL FV_INSURANCE COMPANY
By
/ Principal Shane Wolf f Attorney -in -Fact
DEVELOPER:
Bond No.: 0699532
Signature Page
Ebb Tide, LLC
a California limited liability company
By: MBK Homes Southern California Ltd.,
a California limited partnership
Its: Sole Member
By: MBK Southern California Residential, Inc.,
a California Corporation
Its: General Partner
By:
Timothy Kane President
4 Park Plaza, Suite 1000, Irvine, CA 92614
(Attached Notary Acknowledgment - Principal)
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 June 1, 2016 before me, Susan E. Morales,Notary Public
ere insert name en s4e o e cer
personally appeared Shane Wolf
who proved to me on the basis of satisfactory evidence to be the person(e) whose
name(er) islate subscribed to the within instrument and acknowledged to me that
he/sheAhey executed the same in hisifheFfthe authorized capacity(4s), and that by
his/herAhei+ 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.
re . M0122
Notary Public Signature
,� . , SUSAN E. MORALES
COMM. # 2101796 z
Z �e 'NOTARY PUBLIC -CALIFORNIA
i ORANGE COUNTY
My Comm. Expires March 2g, 2019
(Notary Public Sea
INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. ,4eknohvedgents from
other states may be completedfor documents being sent to that state so long as the
wording does not require the California notary to violate California notary low.
• 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 mortals) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fors (i.e.
Wshe/Hrey, is late ) or circling the correct fors. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression most 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.
9 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.
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Bond #0699532
(1 itle or description of allached document)
International Fidelity Insurance Company
(Title or desaip6on of attached document continued)
Number of Pages 1 Document Date 611116
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
2615 V,:n.ion v, W. —.' ryClwS 7, r m
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On JUIN � I LLl\(aa before me, L�t� l NSC„ M(},W' tQ/, Notary Public,
personally appeared ��c s�C�n CUV , who proved
to me on the basis of satisfactory evidence -to be the person(,) whose name(,) is/afe subscribed to
the within instrument and acknowledged to me that he/s� executed the same in
hisAaer#k4r authorized capacity(y@g), and that by his/-hePAheir signature(&)' on the instrument the
person, or the entity upon behalf of which the person(4 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.
LINOSEY NICOLE MANSKER
WITNESS my hand and official seal.Commission r 2097255
Notary Public • California
Seal
Orange
I�dt � ) M Comm, Expires Jan 15 2019
ary Public
Tel(973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing. under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
Pennsylvania, having their principalofficein the City of Newark, New Jersey, do hereby constitute and appoint
SHANE WOLF, CATHY S. KENNEDY, BEATA A. SENSI, TODD M. ROHM
Orange, CA
their true and lawful attorneys}in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, regulation, contract or otherwise
and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCt
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices. y �ty BK
,-Laws
and ALLEGHENY CASUALTY COMPANbe Y anddis granted untleyranand OyaautFmnty of the ollowingsresolutiion adopted by the Board olf DirrecttoorrsE
CASUALTY COMPANY at al meeting duly held d COMPANY
that 5tYh day o Augg d 2000d on the 20th day of July, 2070 and by the Board of Directors of ALLEGHENY
1, that (1) the President, Vice President Executive Vice President or Secretary, of the Corporation shall have the ppower to apppoint, and to revoke
ants of, ttomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of atierney.. and M execute on behalf
ration and affix the Gorpomtton's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obliggations in the
)f or related thereto; and (2), any such Officers of the Corporation may appoint and revoke the appointmenfs of joint -control custodtans, agents
ce of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and f3) the signature of any
of the Corporation and the Corporation's seal may be affixed by facsimiletoany power of attorney or certification glean ftor the execution of any
aking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when
>ther heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the
to be valid and binding upon the Corporation with the same force and effect as though inanualfy affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 22nd day of July, 2014.
STATE OF NEW JERSEY
County of Essex,_,
ROBERT W. MINSTER
Executive Vice PresidenUChiefOperating Officer
(International Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described andauthorizedofficer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals andhis signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Apol 16, 2019
I..,,...... ` CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force >and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this JUN — 1 2016 day of
MARIA BRANCO, Assistant Secretary
AHN
FI
S-WAO&P SUBDIVISION IMPROVEMENTS
.h" 1904 PERFORMANCE BOND
Bond No. 0699532
Initial Premium $ 45,532.00/2 Yrs.
Subject to Renewal
KNOW ALL MEN BY THESE PRESENTS: That we, Ebb Tide, LLC as Principal, and
INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State
of New Jersey to become surety on bonds and undertakings, as Surety, are held and firmly bound unto
City of Newport Beach ,as Obligee in the full and just sum of Three Million Four Hundred Twenty -Three Thousand
Four Hundred Thirty -Five & NO/100 Dollars, ($ 3,423,435.00 ) lawful money of the United States of America, to be
paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, dated
and identified as project Ebb Tide Tract 17772 is hereby referred to and made a part hereof; and
*Dry Utility In -Tract, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer On Site.
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof
made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless
the Obligee, 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 therefor, there shall be
included costs and reasonable expenses and fees, Including reasonable attorney's fees, incurred by Obligee in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and
the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
Orange, CA this 1st day of June .20 16
See Attached Signature Page
By:
/ Principal
INTERNATIONAL FIDELITY INSURANCE COMPANY
By
Shane Wolf / Attorney -in -Fact
DEVELOPER:
Bond No.: 0699532
Signature Page
Ebb Tide, LLC
a California limited liability company
By: MBK Homes Southern California Ltd.,
a California limited partnership
Its: Sole Member
By: MBK Southern California Residential, Inc.,
Liz
a California Corporation
Its: General Partner
Timothy Kane President
4 Park Plaza, Suite 1000, Irvine, CA 92614
(Attached Notary Acknowledgment - Principal)
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 June 1, 2016 before me, Susan E. Morales,Notary Public
ere insertnsert nn�atT�ce�
personally appeared Shane Wolf
who proved to me on the basis of satisfactory evidence to be the person(8) whose
name(s) is/axe subscribed to the within instrument and acknowledged to me that
he/s*eAheq executed the same in his/""�-rrc Aheir authorized capacity(ies, and that by
his/"e•,�R signature(ej on the instrument the person(s), or the entity upon behalf of
which the person(&) 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.
i4p�9RR�lY1htA3�YCtvfir�� Xao
WITNESS my hand and official seal SUSAN E. MID RALESCOMM. *2101798 'z
NOTARY PUBLIC - CALIFORNIA3
A, ORANGE: COUNTY
X 1 61.0 am eQ/ / Cep My Comm. Expires March 26, 2019
Notary Public Signature (Notary. Public Seal)
ADDITIONAL OPTIONAL
OF THE ATTACHED DOCUMENT
Bond #0699532
(Title or description of attached document)
International Fidelitv Insurance
Pages 1 Document Date 6/1/16
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
2016 ,/r sire s, .:, I, :.,yr s_6 .i n ' .. r
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statures regarding notary wording and,
if needed, should be completed and attached to the document. Acknohvedgents 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 tan.
• 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 signers) 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 signers) 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 arca 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.
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
COUNTY OF 0 't Mz ss.
)
J
On Jude \ , ' W U- before me,1-kva5R�j N ct \t '&Le bYZ( Notary Public,
personally appeared `T �{^ )�iknp , who proved
to me on the basis of satisfactory evidence -to be the Person(K) whose name(9) is/are subscribed to
the within instrument and acknowledged to me that he/4ieAhey executed the same in
hislEer#keir authorized capacity,Oeg), and that by his/her#keir signature(g) on the instrument the
person(g), 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. ctNDSEVNICOLE MANSKeR
Commission • 2097255
�' 1 / z
Notary Public • California
a& i
—/ �' R,ai/v (Seal) = Orange County
tary Public M Comm. Expires Jan 15, 2019
Tel 1973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER: 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing. under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized andexistingunder the laws of the Slate of
Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
3
SHANE WOLF, CATHY S. KENNEDY, BEATA A. SENSI, TODD M. ROHM
I
Orange. CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity
and other writings obligatory In the nature thereof, which are or may be allowed, required or. permitted by law, statute rule regulation contract or otherwise
and the execution of such instrument(s1 in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their ryegularly elected officerys at their principal offices. y y
COMPANY and ALLEGHENY CASUALTY COMPANY revoked,
granted undeand
n nd by a authority of the followingsresoINTERNATIONAL
u on adoptedN y the
FIDELITY
of SD Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting du iy held on the 20th day of July, 2070 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED, that (11 the President, Vice President Executive Vice President or Secretary of the Corporation shall have the power to apPdint, and to revoke
the appointments of, AAttorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of aftorney, and to execute on behalf
of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the
nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appolntmen of joint -control custodians, agents
for acceptance of process, and Attorneys -m -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any
such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification geven for the execution of any
bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when
so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the
Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 22nd day of July, 2014.
STATE OF NEW JERSEY
County of Essex
ROBERT W. MINSTER
Executive Vice President/ChlefOperating Officer
.(International- Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
TESTIMONY WHEREOF, 6 have hereunto set i hand affixed my Official Seal,
at
at the City of Newark, New Jersey the day and yearr first above written.
°.Z14Y
•��ssrop••.t''.
:d NOTnPY W -
:a
OF NEW 3�
l.. at;!�v V
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
I" I,.......•10, CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this JUN — 1 2016 day of
MARIA BRANCO. Assistant Secretary
Bond No. 0699532
Premium $ included with the
Performance Bond
SUBDIVISION MAINTENANCE BOND
That we, Ebb Tide, LLC as Principal, and International Fidelity Insurance Company a corporation
duly organized and by the virtue of the laws of the State of New Jersey and authorized to become sole
surety on bonds in the State of California as Surety, are held and firmly bound unto the
City of Newport Beach hereinafter called the Obligee, in the just and
penal sum of Three Hundred Forty -Two Thousand Three Hundred* Dollars ($ 342,344.00 ), lawful
money of t he United States of America, to be the payment of which well and truly to be made the Principal
binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and
severally, firmly by these presents. *SForty-Four & NO/100ths
WHEREAS, the said Principal hereby guarantees against defective workmanship and material for the
following improvements:
Ebb Tide Tract 17772, Dry Utility, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer
On Site
PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions:
1. This bond is for the term of One (1) year(s) from the date of acceptance of
the work by the Obligee to expire One Year after
2. In the event of default by the Principal in the performance of the maintenance during the term
of this bond, the Surety shall be liable only for cost of maintenance up to the termination of the term of
this bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained
against the Surety on this instrument unless same be brought or instituted and process served
upon the Surety after the expiration date of the bond.
Signed and sealed this 1 st
day of June , 2016
See Attached Signature Page
Principal
By:
International Fidelity Insurance Company
By
Shane Wolf /Attorney -in -Fact
nFVFI (-)PFR•
Bond No.: 0699532
Signature Page
Ebb Tide, LLC
a California limited liability company
By: MBK Homes Southern California Ltd.,
a California limited partnership
Its: Sole Member
By: MBK Southern California Residential, Inc.,
a California Corporation
Its: General Partner
Timothy Kane President
4 Park Plaza, Suite 1000, Irvine, CA 92614
(Attached Notary Acknowledgment - Principal)
By: �- --�
Timothy Kane President
4 Park Plaza, Suite 1000, Irvine, CA 92614
(Attached Notary Acknowledgment - Principal)
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 June 1, 2016 before me, Susan E. Morales, Notary Public
era insert name an rifle oit .7 r r
personally appeared Shane Wolf
who proved to me on the basis of satisfactory evidence to be the person(&) whose
name(-&} is/afe subscribed to the within instrument and acknowledged to me that
he/sheR4"7 executed the same in his/heFAhelr authorized capacity(+e4 and that by
his/4e t,their signature(-&) on the instrument the person(), or the entity upon behalf of
which the persona) 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.
ae�wra..wwwsnawtw+r�
.. SUSAN E. MORALES
WITNESS my hand and official seal..,. COMM. #2101796 z
Z_ ' "NOTARY PUBLIC - CALIFORNIA
p ORANGE COUNTY
March2
( �{ ��t jf �Y1� � My Comm. Expiree March 28, 2019
JottJary Public Signature , • , (Notary Public Seal)
ADDITIONAL OPTIONAL
OF THE ATTACHED DOCUMENT
Bond #0699532
(Title or description of attached document)
International Fidelity Insurance Company
(Title or desciipfion of attached dominent confinued)
<Cic
Pages 1 Document Date 6/1/16
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
to :.roN:Ja'a tCN e cr _'C R7"- 6C5
INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with current California statutes regarding notary wording and,
if needed. should be completed and attached to the document. Acknohvedgents from
other states may be completed for documents being sent to that stale so long as the
wording does nor require the California notary to violate California notary lain.
• 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 fomis by crossing off incorrect fortes (i.e.
he/she/they- is /ere ) 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 forth.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
r,. 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.
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 OFor0.nq� ) ss.
J )
On JUS \ 20 \Lo before me, L. ndStL I� ct\rt MO YjKt� ( Notary Public,
personally py as peared-+myr? , who proved
to me on the basis of satisfactory evidence -to be the personal whose name(,s') islar-e subscribed to
the within instrument and acknowledged to me that held executed the same in
his/?:a_, authorized capacity(,ies), and that by his+er .4.e:_ signatur*) on the instrument the
person( -s-), or the entity upon behalf of which the persoRW 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. tlND EYNICOI IAAMSKER
Commission 12097255
/ sNotary Public - CalHornia s
YJ6Le^ (Seal) Z orange County
No�ar Public My Comm. Expires Jan 15, 2019
Tel (973) 624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTE
the laws of the State of New Jersey, and ALLEGHEb
Pennsylvania, having their principal office in the City of
TY INSURANCE COMPANY, a corporation organized and existing under
IPANY a corporation organized and existing under the laws of the State of
do hereby constitute and appoint
SHANE WOLF, CATHY S. KENNEDY, BEATA A SENSI, TODD M. ROHM
Orange, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise,
and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officeris execut and rss at their principal offices.This Power of y liyry By, -Laws ng resolution be revoked, pursuant to
nd b
f INTERNATIONAL
FIDELITY NSURANCE COMPANYdat agmeeting d Iyahe d on the 20th d y oeJul, 10 e Board ofDirectors FIDELITY of ALL Directors
cAct IAI TY COMPANY at a meetine dulv held on the 15th day of August. 2000.
Vice President Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke
ict or agents with power and authority as defined or limited in their respective powers of attorney, antl to execute on behalf
rporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the
and (2). any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents
rneys-in-fact with authority to executa waivers and consents on behalf of the Corporation; and f3) the signature of any
the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any
Dntract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when
eafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the
upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 22nd day of July, 2014.
STATE OF NEW JERSEY
County of Essex _
ROBERT W. MINSTER
Executive Vice President/ChiefOperating Officer
(Intemational Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year fYrst above written.
tHYC�
.0 #`4`ssiopFgc'�'.
O NOTARY
:> 4W--dp m:
:2 PURu( °
N�
OF NEW
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
'e,,,,,,,,m°` CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and Is now in full forceand effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand thi3UN _ 1 2016 day of
MARIA BRANCO, Assistant Secretary