MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 2,455,500.00 Tract Map 34406-3 Water System $ 417,500.00 Other Proj. Ref. _Hampton (Heritage Lake) Sewer System $ 693,000.00 Bond No. 024235844
Total $ 3,566,000.00 Premium $ 10,698.00
Surety Liberty Mutual Insurance Company Principal Lennar Homes of California, Inc.
Address 175 Berkeley Street Address 980 Montecito Drive City/State_Boston, MA City/State Corona, CA
Zip code 02116 Zip 92879
Phone (617) 357-9500 Phone (951) 817-3680
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 public improvements relating to TM 34406-3, 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);
NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million Five Hundred Sixty Six Thousand and no/100, Dollars, $ 3,566,000.00 lawful money of the United States, for the 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. 9/8/15
FAITHFUL PERFORMANCE BOND
MENIFEE:
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 for the one-year maintenance period provided for in the agreements(s).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on January 9 2019
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By: /
Name: Geoffrey smith
Title: Vice president
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE: Halanman Kathy R. Mair
Its Attorney-in-Fagt Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
9/8/15
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 January 10, 2019, before me, Nancy Apperti, Notary Public, personally appeared Geoffrey Smith, Authorized Agent who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that histher/theit executed the same in histher/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.
NANCY APPERTI
Notary Public - California
Riverside County
Mandy Appet Commission # 2187170
My Comm. Expires Mar 19, 2021
Signature: (Seal)
Nancy Apperti, Notary Public
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 before me,
SADAD 2019 Mechelle Larkin, Notary Public
[Name of Notary Public and Title "Notary Public"]
personally appeared Kathy R. Mair - --
[Name(s) of Signers)]
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.
MECHELLE LARKIN
Notary Public - California
Orange County
Commission # 2193490
My Comm. Expires Apr 24, 2021
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: Kathy R. Mair 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:
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
Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8197170-024017 West American Insurance Company
SURETY
POWER OF ATTORNEY
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 berty 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 organize der the laws of the Steer colly lt "Cranes", pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer' Cunningham; Kari Davis; Martha Gonzales; My Hua; Mechelle Larkin; Kathy R. Mair; Joaquin Perez; Brenda Wong all of the city of Los Angeles state 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 an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of October 2018
Liberty Mutual Insurance Company
INSURANCE The Ohio Casualty Insurance Company
MUTUAL CASUALTY ACORPORATER CORPORATE West American Insurance Company 1912 1919 1991
ARACHUSET ОІно IT HAMPERE
INDIANA
LSEM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
On this 23rd day of before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance loan, letter of credit, Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. AAll 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.
PASTELLA Horror
ERESA COMMONWEALTH OF PENNSYLVANIA
currency rate, interest rate or residual value guarantees. Notarial Seal of A Toresa Pastella, Notary Public Pastella
Upper Merion Twp., Mongomery County By:
My Commission Expires March 29, 2021
Teresa Pastella, Notary Public
NOTARY Momber, Pennsylvania Assocation of Notaries
of this Power
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 Mutua Not valid for mortgage, note, 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 validitv 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, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of altorney, shall the 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 instruments 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. confirm ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, F 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 all 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 their signature and execution of any such instruments and to attach thereto the seal of the Company. 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 and deliver as surety any and all undertakings, 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, shall 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 Company 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 day of JAN 09 2019
VAL KCORPORTES INSURANCE SUALTY INSURANCE INSURANCE
CORPORATE
1912 1919 1991
8 OHI By:
ANTINO INDIANA Renee C. Liewellyn, Assistant Secretary
1 SEN
LMS-12873 LMIC OCIC WAIC Multi Co_062018
MENIFEE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 1,227,750.00 Parcel Map 34406-3 Water System $ 208,750.00 Hampton (Heritage Lake)
Bond Pro: Re. Hampton
Sewer System $ 346,500.00 Bond No.
Total $ 1,783,000.00 Premium $ Included in Performance Bond Surety Liberty Mutual Insurance Company Principal Lennar Homes of California, Inc.
Address 175 Berkeley Street Address 980 Montecito Drive City/State Boston, MA City/State _ Corona, CA
Zip 02116 Zip 92879
Phone (617) 357-9500 Phone (951) 817-3680
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 public improvements relating to _TR 34406-3, 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 One Million Seven Hundred Eighty Three Thousand and no/100, Dollars, $ 1,783,000.00 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. 9/8/15
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 _ January 9
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Name: Geoffrey Smit
Title: Vice president
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE; a nonan Kathy R. Mair
ts Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
9/8/15
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 January 10, 2019, before me, Nancy Apperti, Notary Public, personally appeared Geoffrey Smith, Authorized Agent who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that his/her/their 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.
NANCY APPERTI
Notary Public - California
Riverside County
Commission # 2187170
My Comm. Expires Mar 19, 2021
Signature: (Seal)
Nancy Apperti, Notary Public
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 JAN 09 2019
before me, _ Mechelle Larkin, Notary Public
DATE
[Name of Notary Public and Title "Notary Public"]
personally appeared Kathy R. Mair - -
- - -
[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.
MECHELLE LARKIN WITNESS my hand and official seal.
Notary Public - California
Orange County
Commission # 2193490
My Comm. Expires Apr 24, 2021
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: Kathy R. Mair Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Titles):
Partner - • Limited • General Partner - • Limited • General Individual X Attorney-in-Fact Individual
L Attorney-in-Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
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 Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Cerificate No: 8197170-024017 West American Insurance Company
SURETY
POWER OF ATTORNEY
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 der une laws or the state of Indiana (herein collectivelv called the "Co Cunningham; Kari Davis; Martha Gonzales: My Hua; Mechelle Larkin; Kathy R. Mair; Joaquin Perez; Brenda Wong all of the city of Los Angeles each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowedge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance or 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 an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of October 2018
Liberty Mutual Insurance Company
MUTUAL INSURANCE CAN The Ohio Casualty Insurance Company «CORPORATE «CORPORATE West American Insurance Company
1912 1919 1991
ISEM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
ss
County of MONTGOMERY
On this 23rd day of October 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance letter of credit, or residual value guarantees. Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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. oan. PASTEL
COMMONWEALTH OF PENNSYLVANIA
Power of Attorney call
Notarial Seal
note, Toresa Pastella, Notary Public terca Pastello
Upper Merion Twp., Mongomery County By:
My Commission Expires March 29, 2021
Teresa Pastella, Notary Public
interest rate Member, Pennsylvania Association of Nolaries 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:
Not valid for mortgage, 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 currency rate, President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporalion to make, execute, seal, acknowledge and deliver as surety confirm the validity of this 1-610-832-8240 between 9:00 any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shail 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 instruments 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 altorney-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. Surely Bonds and Undertakings.
Any officer of the Company authorized for that purpose in 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 surely any and all undertakings, bonds, recognizances and other surety obligations. Such alforneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. 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 and deliver as surety any and all undertakings, bonds, recognizances and other surely 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 altorney issued by the Company in connection with surely bonds, shall 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 Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuli, 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 day of JAN 09 2019 (CORPORATE SUAL INSURANCE LICAN INSURANCE
CORPORATE
1912 1919 1991 Rai (ells
ARACHUSET By:
INDIANA
LS3M Renee C. Liewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_062018