FAITHFUL PERFORMANCE BOND
MENIFEE FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Pacific Mayfield
FOR GRADING:
Precise Grading $. 388,000.00 Parcel Map 28794
Site Amenities $ 998,000.00 Other Project No. _GP18-026P / Park Site Landscape $ 456,000.00 Bond No. 1088011
Total $1,842.000.00 Premium $5,526.00/annum
Surety The Hanover Insurance Company Principal_ Lennar Homes of California, Inc.
Address 440 Lincoln Street Address 980 Montecito Dr, Suite 302 City/State Worcester, MA City/State _ Corona, CA
Zip code 01653 Zip 92879
Phone (508) 853-7200 Phone (951) 736-5538
WHEREAS, the City of Menifee, State of California, and, Lennar Homes of California, Inc (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated grading project, related to (GP) GP18-026P, which agreements) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
_, as surety, are
held and firmly bound unto the City of Menifee in the penal sum of One Million Eight Hundred Forty payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
GP17-041P Faithful Performance
MENIFEE FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreement is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security Until the California Regional Water Quality Control Board issues a Notice of Termination.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 25 2021
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Name: reattre -C. Smith
Title: lice oresisem
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
AUTHORIZED SIGNATURE: My Hua
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
GP17-041P Faithful Performance
ACKNOWLEDGMENT
A notary public or other officer completing this
cerificate 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.
Sale of Caltomi Riverside. County of
On March 1, Jon Vadie Atha, Notary Public
before me,_
(insert name and title of the officer
personally appeared GrestreN Smith
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(es), 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. JODIE ATHA
Notary Public - California
Riverside County
Commission: 2230896
My Comm. Expires Feb 11, 2022)
Signature Cade Atta
(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 FEB 25 2021 before me, Kathy R. Mair, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - - ---------------
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2193966 Kalinmen
My Comm. Expires May 22, 202
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, 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: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - Limited • General Partner - • Limited • General Individual Attorney-in-Fact Individual • Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: _ Signer is Representing: _
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan. (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Regina Rangel, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/or Joaquin Perez Of Marsh Risk & Insurance Services, Inc. of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorneys)-in-fact to extent of any limitation stated below:
Any such obligations in the United States, in any amount That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 6*h day of November, 2019.
THE HANOVER INSURANCE COMPANY THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA CITIZENS INSURANGE COMPANY OF AMERICA canh
Bryan Jf -Excoutiva Vice President s H. Kawiecki. Vice President
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER ) ss.
On this 6th day of November, 2019 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
ARLEEN V. SIMONS Culem
Notary Pubitc
COMMONWEALTH OF MASSACHUSETTS Arleen V. Simons, Notary Public My Commission Expires Mv Commission Expires June 15. 2023 June 15, 2023
1, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 25' day of February 2021
CERTIFIED COPY THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANGE COMPANY OF AMERICA
Carrick A. Bligh, Vice President
MENIFEE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Pacific Mayfield
FOR: Precise Grading $_194,000.00 Parcel Map 28794
Site Amenities $_499,000.00 Other Project No.GP18-026P / Park Site Landscape $ 228,000.00 Bond No. 1088011
Total $_921,000.00 Premium $ Included in Performance Bond Surety The Hanover Insurance Company Principal Lennar Homes of California, Inc.
Address 440 Lincoln Street Address 980 Montecito Dr., Suite 302 City/State Worcester, MA City/State Corona, CA
Zip. 01653 Zip 92879
Phone (508) 853-1200 Phone (951) 736-5538
WHEREAS, the City of Menifee, State of California, and, Lennar Homes of California, Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated Grading, Erosion Control & WQMP relating to GP18-026P, which agreements) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee 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, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of Nine Hundred Twenty One Thousand and no/100, Dollars, $ 921,000.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full 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.
GP17-041P Material Labor Bond
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 25
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By: 12
Name: Geoftrey. Smith
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
AUTHORIZED SIGNATURE: My Hua
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
GP17-041P Material Labor Bond
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 Riverside
On Marchi, s0H before me, Jodie Atha, Notar Pable
(insert name and title of the officer
personally appeared lotter mith
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(jes), 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.
JODIE ATHA
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2230896
My Comm. Expires Feb 11, 2022
Signature Ole Other
(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 FEB 25 2021 before me,. Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - - - - -
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
KATHY R. MAIR WITNESS my hand and official seal.
Notary Public - California
Orange County
Commission # 2193966
My Comm. Expires May 22. 2021 Kaunaben
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - 1 Limited • General Partner - • Limited • General Individual Attorney-in-Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: _ Signer is Representing:
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the law of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigar (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Regina Rangel, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/or Joaquin Perez f Marsh Risk & Insurance Services, Inc. of Los Angeles, I signers resea, askance and even to do it elal, acad added anyple wore the united States, any and a surely bands, re inces. undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall as Dinner see cease presented by secretary of the Company, in their own proper persons. Provid wever, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to t extent of any limitation stated below:
Any such obligations in the United States, in any amount That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 6 day of November, 2019.
THE HANOVER INSURANCE COMPANY THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA CITIZENS INSURANCE COMPANY OF AMERICA ama AKaudl
Bryan J 6, Excoutive Vice President , H. Kawiecki. Vice Presiden HE COMMONWEALTH OF MASSACHUSETT.
OUNTY OF WORCESTE ) ss.
On sachuset of insurance Company and Clearance Copany of Emeral sonaly are pee as and orer describe here and., On this 6th day of November, acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said condone seals and rents officer were deaf susa said nstrument by the authority and direction of said Corporations ARLEEN V. SIMONS Culeen
Notary Publla
COMMONNEALTH OF MASSACHUSETTS
Arleen V. Simons, Notary Public
My Commission Expires
June 15, 2023 My Commission Expires June 15, 2023
, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby ertify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 25'h day of February 2021
THE HANOVER INSURANCE COMPANY
CERTIFIED COPY MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANGE COMPANY OF AMERICA
Carrick A. Bligh, Vice Prosident