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C-8420-1 - Subdivision Agreement for Final Tract Map No. 18108
SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND CANNERY SAIL HOUSE, LP FOR TRACT NO. 18108 JV�y 12010 THIS AGREEMENT ("Agreement") is entered into this I day of-el��,, 9 by and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city of the State of California, hereinafter referred to as "CITY," and CANNERY SAIL HOUSE, LP, a California limited partnership, hereafter referred to as "SUBDIVIDER." 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. 18108 ("Tract"); WHEREAS, as a condition of the approval of and prior to the recordation of this subdivision map for the Tract, SUBDIVIDER is required to complete construction of street, alley, water and sewer improvements and undergrounding of electrical, telephone, and cable television lines (collectively, "Improvements") as shown on public improvement plans for Tract 18108 by _ dated 'DeC_F U 0_ , 2019 ("Improvement Plans"), and to perform certain other improvements in the subdivision; and WHEREAS, 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, and subdivision monumentation, as required by Sections 66499 and 66499.3 of the California Government Code, and Section 19.36.030 Improvement Security (66499 et seq.) of the CITY's municipal code, which is adopted by ordinance of the City Council of CITY. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do, perform, and pay for all of the work for the Improvements as shown on the Improvement Plans for said Tract as required by the conditions of approval of the subdivision map for the Tract ("Map") which are not completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees, or conditions associated with the Tract and with the Improvements as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work for the Improvements ("Work") shall be done and performed in accordance with the Improvement 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 three (3) years from the date hereof, unless the conditions of approval of the Map require an earlier completion date. All labor and material costs and expenses for the Work shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of the Improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete any and all arterial highway improvements, including perimeter sidewalks, medians, and landscaping required by the conditions of approval of the 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 the City Council's acceptance of same. 4. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer are adequate to accomplish the Work as promised herein and as required by the conditions of approval of the Map. If at any time before the City Council accepts the Work as complete or during the one (1.) year guarantee period in Section 3 hereof, the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer 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 for the Improvements, or approval of Work and/or materials for the Improvements, 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 for the Improvements, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement; 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 by the CITY. CANNERY SAIL HOUSE, LP Page 2 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 One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 50/100 ($175,387.50), which is one 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. 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 unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 50/100 ($175,387.50), 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. 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 for the Improvements or to SUBDIVIDER. C. For Subdivision Monumentation: Security in the amount of One Thousand Two Hundred Dollars and 00/100 ($1,200.00), which is one hundred percent (100%) of the estimated cost of this work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees setting of such monuments and guarantees payment to the Engineer or Surveyor for setting such monuments in the Tract, and as a prerequisite to the approval of the final Map. D. Warranty: Security in the amount of Seventeen Thousand Five Hundred Thirty Eight Dollars and 75/100 ($17,538.75), which is ten percent of the estimated cost of the work. CANNERY SAIL HOUSE, LP Page 3 SUBDIVIDER shall present such security in the form of.- Cash, f:Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is approved in advance in writing by 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 Improvements are accepted in writing by CITY. SUBDIVIDER may be required by CITY to provide a substitute security at any time until one (1) year after the Improvements are accepted in writing by CITY. 9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS City and all officers, employees, and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Work or for injury to or death of any person as a result of SUBDIVIDER's performance of the Work required hereunder; or for damage to property from any cause arising from the performance of the Work 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 SUBDIVIDER's performance of the Work, performance of the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier providing materials for the Work on behalf of the SUBDIVIDER. To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards, committees 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 by or on behalf of SUBDIVIDER, any Work performed for the Improvements including, without limitation, defects in workmanship or materials or SUBDIVIDER's presence or activities conducted on the Work (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 CANNERY SAIL HOUSE, LP Page 4 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 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 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. In addition to the other rights of City hereunder, in the event that any Claims are brought against the CITY as a result of SUBDIVIDER'S breach of the terms and conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it deems necessary and to the extent authorized by law, may retain any security under Section 8 of this Agreement until disposition of any such Claims. 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 Section 9 of 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, or any 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. In such event, the CITY may utilize the security provided under Section 8 to cover costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) for the Work. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including subdividers, in the event CITY proceeds to complete and/or maintain the Work. Once action is taken by CITY to complete or maintain the Work, in the event that CANNERY SAIL HOUSE, LP Page 5 City does not elect to use the security provided by SUBDIVIDER for the Improvements or does elect to use such security and such security is insufficient for City to complete or maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the Work. 12. RECORD MAP In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and record the final Map for the Tract. 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 TO SUBDIVIDER: Cannery Sail House, LP 428 Old Newport Blvd. Newport Beach, CA 92663 14. CONSENT 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 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, describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. CANNERY SAIL HOUSE, LP Page 6 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 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. NO 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 CANNERY SAIL HOUSE, LP Page 7 the State of California. 25. SIGNATORIES Each undersigned represents and warrants that its signature herein below has 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] CANNERY SAIL HOUSE, LP Page 8 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 ATTORNEY'S OFFICE Date: By: ron C. H p City Attorney00, ATTEST: Date: 7 2oZo X.- ��. Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 3l2 /Za Z0 By - Will O'Neill Mayor SUBDIVIDER: CANNERY SAIL HOUSE, LP, a California limited partnership BY: BERK CUSTOM HOMES, INC., a California corporation ITS: David Davut u Chief Executive Officer/Secretary CANNERY SAIL HOUSE, LP Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �'yG�►^`j�' On q. 12.01 before me, L� tCiy1 CC G�01 Date Here Insert Name and Title of the Officer personally appeared ��h`1�� LX'�VUVV -1V Name(9 SignerW- who proved to me on the basis of satisfactory evidence to be the persoq(r) whose name(a) is/a;-asubscribed to the within instrument and acknowledged to me that he/shehelthe executed the same in his/her, 4ei•r authorized capacity(ies), and that by his/berftheir signatureW-on the instrument the personLs), or the entity upon behalf of which the person,(e�acted, executed the instrument. CHARLIE CHO : Notary Public California Y' • '+ Orange County Commission # 2255353 My Comm. Expires Sep 18, 2012 Place Notary Seal and/or Stamp Above 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 Signature of Notary Public yr 1 wIMiri- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �— Document Date: Signer(s) Other Than Named Above: 1__� Capacity(ies) Claimed by Signer(s) Signer's Name: 7>yvL) ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General •ErTndividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: M1304-09 (09/17) 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 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 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) 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) CANNERY SAIL HOUSE, LP Page 10 Liber}, , Mutual. Liberty Mutual Surety 17771 Cowan, Suite 100 • Irvine, California 92614 • (949) 263-3300 SURETY www.libertymutualsurety.com SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO. 367032S $ 5,262.00 premium is for a term of Two year(s) KNOW ALL MEN BY THESE PRESENTS: That we, Cannery Sail House, LP , as Principal, and Indemnity Company of California a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the City of Newport Beach as Obligee, in the penal sum of One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 50/100 ($ 175,387.50 ) Dollars, for which payment, 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 THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated subdivision improvements, which agreement, identified as 410 and 412 29th Street Tract Map NT2017-001 Ullman Sails Lofts Mixed -Use and Residential (PA2017-059) , is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now therefore, the condition of this obligation is such that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, 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 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 penal sum 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 terns of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named on, July 12, 2019 PRINCIPAL: Cannery Sail House, LP SURETY: Indemnity Comp n of Cali orni^ i AnthonyK T Yau, I,, - — Attorney -in -Fact ID -1092 (CA) subdivision Perlbnnance Bond (Rev. 05/19) f_[y1ki[0]TA�Z ► 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 Califg{nia County of () Y (.Ince ) On , �1� �� 12, - 01(1 before me, (insert name and title of the officer) personally appeared L,{,�� lCr1 I�ViI AUC-jll 1 who proved to me on the basis of satisfactory evidence to be the persoW whose namq(sjOare subscribed to the within instrument and acknowledged to me thatClshe/theyexecuted the same in @ /her/their authorized capacity�i sj, and that by K is her-Aheir signature) on the instrument the person), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CYNTHIA GUERRERO Notary Public -California Orange County WITNESS my hand and official seal. t� z �� .' n Commission r 2200170 My Comm. Expires Jun 4, 2021 Signature iaj�_, �'t4 1 i) (A/lt IL (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On JUL 12 2019 before me, Debra K Bell Date Insert Name of Notary exactly as it appears on the official seal personally appeared Anthony K.T. Yau Name(s) of Signer(s) , Notary Public, 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 or executed the same in his/her/their authorized capacity(ies), ;c; = 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. t1;i;r;li�r' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand,,.and official seal, •, Signature Place Notary Seal Above ig tuFcyof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ii Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, RVINE, CA 92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS Chet except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constithrle and appoint """Debra Bell, Gerald Schumacher, Vu Ho, Anthony K.T. Yau, Maricele Lares, Esmeraida Ureno, Jointly or severally— as their true and lawful Attomey(sj- Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of swelyshlp glOng and granting unto said Atlomey(s)fn-Fact full power and authority to do and to perform every art necessary, requisfte or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substIkAon and revocation, and all of the acts of said A presents, are hereby niffied and confimred, tomey(s}tn-Fac pursuant to these This Power of Attorney Is granted and Is signed by facsknUa under and by authority of the blowing resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNW, eflaclive as of January 1st, 2008. RESOLVED, that a combination of any two of fie chairman of the Board, the President, Executive Vloe-President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attrmney, quaiff)dng the atarney(s) mimed in the Power dAtomey to execute, on behalf of the corporations, bonds, undsrlskings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to aft the execrtom of any such Power ofAtbrmay; RESOLVED, FURTHER, that the signatures of such often may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAtfomey or oer66pte bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with reaped to any bond, undertaking or contract of suretysilp to which it Is attached, IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severaily caused these presents to be signed by their ►espectve otticera and aftested by their respective Secretary orAsslstent Secretary this 41n day of October, 2018. BY: , �cr ANO Daniel Young, Senior Vice -Resident 3T' - %.! 1936 r ocT a ,, �.�„ r Mads Lansdon, Vice -Resident s,,�,o ••••••►, r�BY.! � notary pubik 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 tnuthfulneas, accuracy, or vaificlity of that documenL State of California County of Orange On October 4 2018 before me, aaha Ludt!rNo Public Ma. » at sw offim personally appeared _ Dantei You and Mark lansdon Nama(goreyw(s) LUCIILE RAYMOND � Notary W* - CA"Waria Connn N 1 µy Comm.. EvaOdOCt f3, 2012 Place Notary Seat Above who proved to nre on the basis of safisfacfory evidence to be 9Nr persons) whose name(a) is/are subscribed to the within insbumerd and acknowledged to me that heisheAhey executed the same. In hisfierMieir authodzW cepadty(les), and that by hist hentheir 09nature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Insbument i cerOfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tine and cored. WITNESSmy hand and official seat. Signature LucU d, Notary Public CERVICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cw* that the foregoing Power ofAftney remains in full force and has not been revoked and, furthermore, that theyrovislc�g, 40 resolutions of the respective Boards of Directors of said corporations set torth in the Power of Aftomey are h force as of the dale of this Certificate JUL 1 2 L (J y This Certificate is executed In the City of Irvine, California, this day of •'•y FANO �,, p By ' l.✓ ..00tE g OCT J5 p _1 1936 = U1S51eJ-AWTWM,AsSWrrt Se4ftrfof �i `a. too? PDA, ATS -02 ti on*•'•�tsra� '�•nara���N �' ��Liber} Mutual. Liberty Mutual Surety Liberty 17771 Cowan, Suite 100 • Irvine, California 92614 • (949) 263-3300 SURETY www.libertymutualsurety.com SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: BOND NO. 367032S PREMIUM INCLUDED IN PERFORMANCE BOND That we, Cannery Sail House, LP , as Principal. and Indemnity Company of California a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the City of Newport Beach as Obligee. in the penal sum of One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 50/100 ($ 175,387.50 )DOLLARS. for which payment, well and truly to be made, we find ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas, the above-named Principal, has entered into an agreement which is made a part of this bond, with the .City of Newport Beach . State of California, as Obligee, for the designated public improvements in the subdivision identified as 410 and 412 29th Street Tract Map NT2017-001 Ullman Sails Mixed -Use and Residential (PA 2017-059 . as required by the Government Code of California. Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and Su%ficient payment bond with the City of Newport Beach to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 ol'Division 4 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned, as surety, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California for material fur- nished or labor thereon of any kind, or (or 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 penal sum hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the penal sum thereof', costs and reasonable expenses and fees, including reasonable attorney's fees. incurred by City of Newport Beach 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 Judgement 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 right of action to them or their assigns in any suit brought upon this bond. Should the condition ol'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' said agreement or the specifications accompanying, the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of anv such change. extension. alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named. on July 12, 2019 PRINCIPAL: Cannery Sail House, LP ID- 109', (CA) Subdivision Laborand Material Bond (REV 05/I1)1 SURET : 1 •emnity Iompany of California AD.tfi op; -}'au 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 DC(IOCIL ) On I�ll�a= �/1,L��� beforeme,i!t,li'lT��IICi (insert name and title 'of the officer) personally appeared � )Lj\J ICA �,(..1ULt. ()(AU who proved to me on the basis of satisfactory"evidence to be the persons) whose names)#are subscribed to the within instrument and acknowledged to me that @/sbe�ff ,ey executed the same in Ui�is her4heir authorized capacity(es�r and that by(Q/henkheir signature. (s*)' -on the instrument the person(, or the entity upon behalf of which the persons 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. CYN'— A i;'jERPER" N�rirV'::baC-CJICr^.J 7 WITNESS my hand and official seal. � ~' ' 22 ' ti Gmm�ss��^ � 220('i70 My Comm, Exoirps Jun 4. 2021 Signatur�/ ;%l2 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On JUL 12 2019 Dale personally appeared before me, Debra K Bell Insert Name of Notary exactly as it appears on the official seal Anthonv K.T. Yau "r i_ - >i > �l �itr Name(s) of , Notary Public, 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 hand an 'Official seal. Signature Place Notary Seal Above Signature of Notary Public — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General [t Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CAUFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, consfibde and appoint ***Debra Bell, Gerald Schumacher, Vu Ho, Anthony K.T. Yau, Marlcela Lares, Esmeralda Ureno, jointly or severally"* as IW b110 and lawful Afbme*Yn-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, hands, undertakings and contracts of suretyship 91AV and 9renting unto sold Ataney(s}in-Fad full power and autrortiy to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of sold corporations full power of substkition and revocation, and all of the ads of said Aftomey(spre-Fact, pursuant to these presents, are hereby ra96ed and confirmed, This Power ofAltmey is granted and is signed by facsimile under and by authorty of the following resolutions adapted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and IiIDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2808, RESOLVED, that a combination of any two of the chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any ince President of the corporations be, and that each of them hereby Is, authori e d to execute this Power of Attorney, qualifying the afton*s) named in the Power of A#omey to execute, on behalf of the corporations, bonds, undadaldro and contracts of surelyshlp; and that the Secretary or any Assistant Seaetary of either of the corporations be, and each of them hereby is, auftftd to attest the execution. of any such Power ofAtto W,, RESOLVED, FURTHER, Brat the sonatures res of such officers may be abed to any such Power of Attorney or to any certificate relating thereto by facsimile, end any such Power of Attomey or certificals bearing such facsimlie signatures $hall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is Whiched, IN MTNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective offroers and etteated by l hek respective Secretary or Assistant Secretary this 4th day of October, 20% • p111N111„ � BY. qY AND/, .� Daniel Young, Senior Vice -President I;y:- 1936. Mark Landon, Vice -President $;rr cr• �I,IIIIe•IN• A rotary p tMo of other officer completing thfs certificate verilles only the identity of the Individual who signed the document to which this certificate. is attached, and not the truthfulness, accuracy, or validity of that document. Stale of California County of Orange On October 4.2018 before me, . _ _ LuaTlrt Ravmbnd Notary Public Delo We Meat Nana aid 71140fur ONW .-._ personalty appeared Danks Youna and Mark Landon bbl of elpwp) IraLUCILLE RAYMOND "A" �anp CK"a Commissbrr 832 ISS , Cam. &$m Oct 13, I0n Piece Notary SealAbove who proved to me on the We ofsa0afeotory evidence to be the person(s).whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshaAhey executed the same in hiskierMeir authorized capacily(les), and that by HsArerAheir slgnsture(s) on the instrument the person(s), or the entity upon behalf of which the parson(s) aced, executed the Instrument 1 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. .,6" Signature Lucill d, Notary Public CERTIFICATE The undersigned, as Secretary orAsslslant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby wtily that the foregoing Power of Attorney remain in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are in force as of the date of this Certificate, This Cerlikate is executed in the City of keine, California, this day of J U L 1 .2 , 2 0 +9, �•1•"µ,'•",• .•• ,•r AND lair Y 67,= cT By CassiaJ> sford,Assistant tary = o= �•� ipti7 's, tr A7S-1002 (10!18) 'w* ••......... * � •r'� *, ISH/IM• Liberty MUtU,il® BOND NO. 36K000306 SURETY $100.00 premium is for a term of 1 year(s). MONU MENTATION BOND FOR SUBDIVISIONS KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Cannery Sail House, L.P. hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Tract No. 18108 ; and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and the The Ohio Casualty Insurance Company, P.O Box 34526 Seattle. WA 98124 (Legal Title and Address of Surety) as Surety, are held and fi nnly bound unto the City of Newport Beach in the sum of One Thousand Two Hundred Dollars And Zero Cents ,($1,200.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth. IT IS 14EREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to fi le claims against it, pursuant to Government Code See. 66497. 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. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or Contract, IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on September 3rd , 2019 Ca In Principal Surety mery Sail House, L.P. The Ohio Casualty Insurance Company py.01NS& B yJ °°pr°ryyA 1919 919� o Rachel Hawk �aMa� Attome In -Fact Liberty Mutual Surety Claims • P.O. Box 34526, Seattle, WA 98124 • Phone: 206.473-6210 • Fax: 866.548.6837 Email: HOSC1_C-libertymutual.com • www.LibertyMutualSuretyClaims,com ID -1416 (CA) (5i19) LMS -21062 06/19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of rayl On before me, Dote Here Insert Name and Title of thEWfficer personally appeared �itv t d• `t�.V of Signe who proved to me on the basis of satisfactory evidence to be the personjs) whose name,() is/am-subscribed to the within Instrument and acknowledged to me that he/shsA1,tey executed the same in his/I;@f ;_ authorized capacity(les), and that by his/hQ4+eir signaturej*on the instrument the persori(s); or the entity upon behalf of which the person(sracted, executed the Instrument. CHARLIE CHO Notary Public • California - Otanse county �Y Commission # 2255353 IAy Comm. Expires Sep 18, 1022 Place Notary Seal and/or Stamp Above 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 Signature of Notary Public Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: M urru" wAlt'hu✓/ 6 0VIA- Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: `Jti Z j:)tilvba 2 V ❑ Corporate Officer — Title(s): -� ❑ Partner — ❑ Limited ❑ General .2- Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 2017 National Notary Association NumberofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: _._ M1304-09 (09/17) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of D - On _ (A �l't` 2 OL before mAAwk G. wt,YN I Nilsvw �,1k3�tL DatenTI Here Insert Name and fe of the Officerpersonally appeared 9_Q�tl kt *W_W — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LAURA E. *My Notary Pblc CalifrniaOrange County Commission x 2271171 i wmmpwjw-� — — Comm, Expires Dec 15, 2022 Place Notary Seal andlor Stamp Above 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. Signat re �"C—n Signature of Notary Public yr a wI'Irti16 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date; Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 Natlonal Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: o— a`) > a a) O do '62 172 a)N r; fti 2 E 0 Liberty �mutuil. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 82 01 760-9 6961 2 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Rachel IIawk; Silvia Ortiz; Sonya Silva; Stanley Tutt(ml all of the city of Santa Ana slate of CA each individually if there be more than one named, Its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by ar authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6dr day of August , 2019 . Liberty Mutual Insurance Company tNsU (Y IµgU+� tNSUgq The Ohio Casualty Insurance Company �JPcp"PO'�r�o`� o"4O"+r �y ��P°o"PORgr f� West American Insurance Company �J3 °bfi �3obn �3 °bfi x1912 o 0 61919 o a 1991 c NA*Pg�� By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY On this 6th day of .August , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance) o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being auihorizec so to do, execute the foregoing instrument for the purposes m therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 LU IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. rop PAsr Q��N,OaWF F�( COMMONWEALTH OF PENNSYLVANIA Malarial Seal OF Teresa Peetellella, Notary Public Upper Merlon Twp„ Montgomery County By: LA G My Commission Expires March 28, 2021 Teresa Pastels, Notary Public ARY _.,aVF Member, Pennsyleds Amodetlon of Wades This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS: Section 12 Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such inslrumerts shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose n writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by [heir signature and execution of any such instruments and to attach thereto the seal of the Comoany. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge aril deliver as surety any and all Lndertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shelf be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Compary do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of September , 2019 . INsU/pq P��Y INgU tldsUp_ J ogpart� �L J pPORgr'� GP wPoryrr y 'a 3v rob Pfi 3`p b° m irA °b nfi ��� s 1912 o c 1919 0 ` 1991 u 13 �Ail .4 �8A°Irua�ab y° kAMPB� a� �'s 'AW10 .aa y Renee C. Llewellyn, Assistant 917 * ft► �'Hl Y Secretary LMS -12873 LMIC OCIC WAIC MUM Co 062018 Liber},, Mutual. Liberty Mutual Surety `J 17771 Cowan, Suite 100 • Irvine, California 92614 • (949) 263-3300 SURETY www.libertymutualsurety.com WARRANTY BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 3670325 Effective Date: August 30th, 2019 THAT we, Cannery Sail House, LP as Principal and Indemnity Company of Cerfomis , a corporation organized and doing business under and by virtue of the laws of the State of cal0omnia and duly licensed to conduct surety business in the State of California , as Surety, are held and firmly bound unto the City of Newport Beach as Obligee, 1n the suln of Seventeen thousandfive-h.mdred thirty-eight and 75/100 ($ 17,538.75 ) Dollars, for wluch payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. Tl -1E CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated subdivision improvements, which agreement, indentified as 410 and 412 29th Street Tract 18108 Map NT2017-001 Ullman Sails Lofts Mixed -Use and Residential (PA2017-059) WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of 1 year(s): NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of 1 year(s) from the effective date of this bond, then this obligation sail be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its only authorized Attorney -in -Fact. this 30th Cannery Sall House, LP (Principal) DCA/i d 001.VUx �C1 ID -1799 Wmranty-No Pcrlbmiaime(Rev.6/19) day of August 2019 Year indemnity Company of Cellfornia (Surety) BY: V 'i foo Rach awk Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Joan E. McLaughlin, Sonya E. Silva, Rachel Hawk, Jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attom iy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2006. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. a AND AND By, ++�yy�• Qt1pAHYp� Daniel Young, Senior Ulce President �0a+ie��y'a0 oQPC4,., i 1936 } ?° 00T. 6 a By: • ?v'•c'rCIFOR�P' �.�- Gy c' `+t � Mark Lansdon, Vice -President •"•.,?s�o•» •"1 ��rFaw� 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 ._ _. __ October 4. 2018 before me, Lucile Ravmend. Notary Public Data Here Insed Name and Tide of Bie Officer personally appeared Daniel Young and Mark Lansdon Name(a) of Slgrrer(a) �r— t.uclLl.E aarfr♦a►w Notary Pubik - Californla Orange County Com+niuian M 2258185 eMy Ccmm. Expires Oct 13, 2022 Plaoe .Votary Seal Above who proved to me on the basis of satisfactory evidence to be (he person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sherthey executed the same in his/her/their authorized caoacity(les), 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 Luclll toykrid. Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing ?aver of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Calfcrnia, this 30th day of'August 2019 • +w AND,,,ya , PAR y� 001! �,.�� _- �' •{� L � `~� Uri`• $ ���r' By. Cassie 1: rrsford, Assistant Se tory ? o= 1936 f o s,���� °qtly or P'tj s �i �q0�ta�� ATS -1002 (10118) "noire+++•++ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1989 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 lV?1 ,fl A1a _ /} 1�1 On _0 J I J©1ZQI�t before me, Yell 1,. OWN 1O-aM UkC Date`` Here Insert Name and Title o the Officer personally appeared yC61z\ ��w� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), 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. u *My LAURA E. PARRA Notary Public • CaliforniaorangeCounty Commission # 2271171 Com;r, Expires Dec 15, 2022 Place Notary Seal and/or Stamp Above 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. Sigature Signature of Notary Public yr I wIMPM. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ® yrot&G%r,✓ / f On �. 3 0 '�� before me C L" lid- Cj , V �S Date personally appeared _ Here Insert Name and Title of Ke Officer >Lv�C� OVLVV'}vI L U Namefs) of Signeq;s)- who proved to me on the basis of satisfactory evidence to be the person] t) whose name(e) islate subscribed to the within instrument and acknowledged to me that he/slie/41�eq executed the same in his/hiefi,tfaeir authorized capacity(ies), and that by his/hleTfti�seir signaturejA on the instrument the person(s), or the entity upon behalf of which the person(-sacted, executed the instrument. ..� aim f eMy CHARUE CHO Notary Nbk • CaliforniaOrange County Commission# 2255353 Comm. Expires Sep 18, 2022 Place Notary Seal and/or Stamp Above 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 OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document i " Title or Type of Document: V�hetvvttgA7 Document Dater— Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Slgner is Representing: *2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: M1304-09 (09/17)