CiTY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Grading/Electrical APN 339-200-080
Hardscape Other Proj. Ref. IP22-025L
Amenities $ Bond No. 1980133
Landscape $ 119,500.00 Premium $ N/A
Contingency $
Total $ 119,500.00
Surety The Hanover Insurance Company Principal Boulders Menifee LLC Address 440 Lincoln Street Address 15916 Bernardo Center Drive -
City/State Worcester, MA City/State San Diego, California Zip code 01653 92127
Phone 508-853-7200 Phone 760-489-5647
WHEREAS, the City Council of the City of Menifee, State of California, and Boulders Menifee LLC (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 IP22-025L Streetscape, which agreements), dated 11/21/2023, 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 The Hanover Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Nineteen Thousand Five Hundred and no/100 Dollars, ($119,500.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OP
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) or to the work or to the specifications..
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 agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 22, 2023
NAME OF PRINCIPAL: Boulders Menifee LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Richard D. Wilson
Title: Managing Partner
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
AUTHORIZED SIGNATURE: Alepandra Han
Alexandra Haas - Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individua who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California san Diego
County of
on November 277, 2023 before me. Hour DiAvE AylEs, Notary Public (insert name and title of the officer
personally appeared Richard Wilson
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 cerity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
17339165-M
#NNAT
WITNESS my hand and official seal.
OF
CALIFORNIA
Signature (Seal)
SURETY ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
On this 22nd day of November, 2023, before me, a Notary Public, personally appeared Alexandra Haas personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of The Hanover Insurance Company, and acknowledge to me that he (she) subscribed the name of The Hanover Insurance Company, there as surety, and his (her) own name as Attorney-in-Fact.
Abbre Clayton
ebbie Claytol NOTARY PUBLIC
DEBBIE CLAYTON
Notary Public, State of Arizona
Maricopa County
Commission # 629249
My Commission Expires
June 25,2026
June 25, 2026
MY COMMISSION EXPIRES
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:
Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Debbie Clayton, Brian D. Wilder, Holly Byrd, Tina Marie Perkins, Alexandra Haas and/or Randi L Morgan Of Lovitt & Touche of Tempe & Tucson, AZ each individually, if there be more than one named, as its true and lawful attomeys)-in-fact to sign, execute, seal, any limitation stated below:
Any such obligations in the United States, not to exceed Fifty Million and No/100 ($50,000,000) in any single instance 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 Attomey 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 13th day of April, 2023.
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 Bryan Je Executive Vice President H. Kawiecki, Vice President
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER ) ss.
On this 13" day of April, 2023 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 Culent.
Notary Public
COMMONWEALTH OF MASSACHUSETTS Arieen V. Simons, Notary Pub My Commission Expires My 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 Attomey 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 22nd day of November 2023.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPAN'
ITIZENS INSURANCE COMPANY OF AMERIC
CERTIFIED COPY rohn A. Rowedder, Vico Presidont
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Grading/Electrical $ APN 339-200-080
Hardscape $ Other Proj. Ref. IP22-025L
Amenities $. Bond No. 1980133
Landscape $. 59,750.00 Premium $ N/A
Contingency $
Total $ 59,750.00
Surety The Hanover Insurance Company Principal Boulders Menifee LLC Address 440 Lincoln Street Address 15916 Bernardo Center Drive City/State Worcester, MA City/State San Diego, California Zip_ 01653 Zip_ 92127_
Phone 508-853-7200 Phone 760-489-5647
WHEREAS, the City Council of the City of Menifee, State of California, and Boulders Menifee LLC, (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 IP22-025L Streetscape, which agreements), dated 11/21/2023, is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreements), 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Fifty Nine Thousand Seven Hundred Fifty and no/100 Dollars, ($59,750.00) 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 of Menifee 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 entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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 November 22, 2023
NAME OF PRINCIPAL:Boulders Menifee LLC
AUTHORIZED SIGNATURE(S):
Lichard. When
By:
Name: Richard D. Wilson
Title: Managing Partner
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
AUTHORIZED SIGNATURE: Alexandra Han
Alexandra Haas - Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
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 San Viego
on November 274, 2023 before me, Holly Diane Aules, Notary fublic (insert name and title of the officer
personally appeared Richard i Wilson
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.
HOLY DALAR 17339165-M
WITNESS my hand and official seal. So hotary putt
Hyles CALIFORNIP
Signature _ (Seal) Comm. ExP:
DeC
SURETY ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
On this 22nd day of November, 2023, before me, a Notary Public, personally appeared Alexandra Haas personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of The Hanover Insurance Company, and acknowledge to me that he (she) subscribed the name of The Hanover Insurance Company, there as surety, and his (her) own name as Attorney-in-Fact. ebbie Claston
DEBBIE CLAYTON ebbie Clavton NOTARY PUBLIC
Notary Public, State of Arizona
Maricopa County
Commission # 629249
My Commission Expires
June 25, 2026
June 25, 2026
MY COMMISSION EXPIRES
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:
Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Debbie Clayton, Brian D. Wilder, Holly Byrd, Tina Marie Perkins, Alexandra Haas and/or Randi L Morgan any limitation stated below:
Any such obligations in the United States, not to exceed Fifty Million and No/100 ($50,000,000) in any single instance 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 Attomey 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 ifall 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 13th day of April, 2023.
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
came Akawch
Bryan J o-Executive Vice President H. Kawiecki, Vice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 13" day of April, 2023 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 V.
Notary Public Culeen!
COMMONWEALTH OF MASSACHUSETTS Arieen V. Simons, Notary Public My Commission Expires My 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 22nd day of November 2023.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
CERTIFIED COPY
John A. Rowedder, Vice Prosident
Approved for Bonding
IP22-025L
Boulders
CITY OF MENIFEE ENGINEERING DEPARTMENT CR 11/20/2023
LANDSCAPE CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. Boulders Mixed Use DATE: 10/18/2023 IP: 22-025L
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Street/Drainage $ 119,399.68 119,500.00 59,750.00
*Flood Control $ 0.00 0.00 $ 0.00
Dom Wtr 0.00 0.00 $ 0.00
EMWD
$ 0.00 0.00 $ 0.00
Rec Wtr EMWD
-0:00 0.00 $ 0.00
Sewer -EMWD
Total 119,399.68 $ 119,500.00 $ 59,750.00
Warranty Retention (10%) $ 11,950.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
2782
Oct. 18, 2023
Signature Date
SICHATURE
Richard A. Polhamus 2872 10/31/2025 10/18/2023
Name Typed or printed RLA# Exp. Date tole Dela B-5
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
*** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREETSCAPE IMPROVEMENTS
LANDSCAPING - IP22025L 18-0ct-23
ITEM QUANTITY UNIT UNIT AMOUNT
COST
Colored Stamped Concrete S.F. 10.00 $ 0.00
Street Trees (24" Box) includes root barriers 18 EA 300.00 $ 5,400.00 Shrubs
Rooted Cuttings EA 1.00 $ 2,392.00
1 Gallon EA $ 10.00 $ 1,950.00
5 Gallon 250 EA $ 20.00 $ 5,960.00
Irrigation - Point to Point System 6.255 S.F.
Casense Controller EA 10,000.00 $ 10020
Landscape Fill Material C.Y. $
Water Meter EA 7,000.00 s
Electric Meter 1 EA 10,000.00 S 10,000.00
Remove trees EA 3,000.00 $
Soil Preparation and Fish Grade 6,253 S.F. 0.50 $ 2587-50 Landscape Fill Material (mulch) C.Y. 27.00 $
Water Meter EA $ 7,000.00 $ 7,000.00
Electric Meter - -- = S.F. $ 10,000.00 $ 10,000.00
Remove trees EA $ 3,000.00 $ 0.00
15,000.00 S 15,000.00
1-year Landscape Mainenance EA $
A. Subtotal 93,281.00
B. Administrative Contingency (20% x A) 18,656.20
C. CM - Inspection - LC (8%) 7.462.48
D Streets/Drainage Total (A + B) 119,399.68