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Menifee City Council
March 20, 2024

Document
Bonds
Meeting
March 20, 2024
Body
Menifee City Council
Original file
647 KB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

DocuSign Envelope ID: 4E049C8D-66A2-40FD-B76A-AA30900B8873

CITY OF

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)
FOR: Precise Grading $ 128,625.00 Tract Map 36658-4
Site Amenities 3,306.485.00 Other Proj. Ref.

Landscape 1,010,610.00 Bond No. $_ 59BSBJD9647
Total $_4,445,720.00 Premium $ 17,338
Surety - Hartford Fire Insurance Company Principal Pulte Home Company, LLC Address One Hartford Plaza Address_27401 Los Altos, Suite 400 City/State Hartford, CT City/State Mission Viejo, CA
Zip code 06155 Zip 92691
Phone 888-266-3488 Phone 949-330-8544
WHEREAS, the City Council of the City of Menifee, State of California, and Pulte Home Company, 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 the park in Planning Area 4 (Tract Map 36658-4), which agreements), dated_ 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_Hartford Fire Insurance Company _ as surety, are held and firmly bound unto the City of Menifee in the penal sum of Four Million Four Hundred and Forty Five Thousand Seven Hundred Twenty and no/100, Dollars, ($4,445,720.00) 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.

DocuSign Envelope ID: 4E049C8D-66A2-40FD-B76A-AA30900B8873

CITY OF

FAITHFUL PERFORMANCE BOND

MENIFEE 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 the agreements) or to the work to be performed thereunder 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 February 5th _ 2024
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):

SEE ATTACHED
By:

Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION, AFFIX SEAL)
Hartford Fire Insurance Company
NAME OF SURETY:

Ten pos Jeremy Polk
AUTHORIZED SIGNATURE: Attorney-in-Fact
Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
executed this 5th
day of _ Febmang _ 2024.

Pulte Home Company, LLC

PRINCIPAL
By: Gregory S. Rives, Assistant Treasurer
Notary Attached

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)
/ ss.

COUNTY OF COBB
This record was acknowledged before me on February 5, 2024, WITNESS my hand official seal.

T JESSICA MASK
Notary Public - State of Georgia
Cobb County
My Commission Expires Feb 21, 2026
ignature of Notary Publi
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026

ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 2/5/2024 _before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.

Mitt
(Seal)
MATTHEW STANTON ERRA Notary Signature

NOTARY PUBLIC- ARIZONA MARICOPA COUNTY
COMMISSION # 622269 Matthew Stanton Erra

MY COMMISSION EXPIRES
MARCH 09, 2026 Commission Expires March gth, 2026
Direct Inquiries/Claims to:

THE HARTFORD
BOND, T-11
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC Agency Code: 59-300168
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

Matthew Erra, Jeremy Polk of PHOENIX, Arizona
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by X, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

Shuby Wiggins and Ritume
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
SS. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.

Jessica Ciccone
Jessica Cicone
My Commission HH 122280
Expires Junc 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 5th, Signed and sealed in Lake Mary, Florida.
1979
Keith Fortis
Keith D. Dozois, Assistant Vice President
DocuSign Envelope ID: 4E049C8D-66A2-40FD-B76A-AA30900B8873

CITY OF

MATERIAL AND LABOR BOND

MENIFEE FOR GRADING PROJECTS AND / OR EROSION CONTROL

OR LANDSCAPE IMPROVEMENTS

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Precise Grading $ 111,143.00 Tract Map _ 36658-4
Site Amenities $. 1,667,145.00 Other Proj. Ref.

Landscape $. 444,572.00 Bond No. $ 59BSBJD9647
Total _2.222,860.00 Premium Included w/ perf bond
Surety Hartford Fire Insurance Company Principal Pulte Home Company, LLC Address One Hartford Plaza Address 27401 Los Altos, Suite 400 -
City/State Hartford, CT City/State _Mission Viejo, CA
Zip code 06155 Zip_92691
Phone 888-266-3488 Phone 949-330-8544
WHEREAS, the City Council of the City of Menifee, State of California, and Pulte Home Company, 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 the park in Planning Area 4 (Tract Map 36658-4), which agreements), dated , 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 Hartford Fire Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Two Hundred and Twenty Two Thousand Eight Hundred Sixty and no/100, Dollars, ($2,222,860.00) 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.

DocuSign Envelope ID: 4E049C8D-66A2-40FD-B76A-AA30900B8873

CITY OF

MATERIAL AND LABOR B ON D

MENIFEE 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 the agreements) or to the work to be performed thereunder 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 February 5th 2024
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):

By: SEE ATTACHED
Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Hartford Fire Insurance Company
par Jeremy Polk,
AUTHORIZED SIGNATURE: Attorney-in-Fact
Its Attorney-in Fact Title
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
executed this_ 5th
day of tobrany -_ 2024.

Pulte Home Company, LLC

PRINCIPAL
Notary Attached

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)
) ss.

COUNTY OF COBB
This record was acknowledged before me on February 5, 2024, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand official seal.

T JESSICA MASK
Notary Public - State of Georgia
Cobb County
My Commission Expires Feb 21, 2026
Signalure oF Notary Public
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026

ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On_ 2/5/2024 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
(Seal)
MATTHEW STANTON ERRA Notary Signature

VOTARY PUBLIC - ARIZON

MARICOPA COUNTY
COMMISSION # 622269 Matthew Stanton Erra

AY COMMISSION EXPIRES
MARCH 09, 2026 Commission Expires March 9'h, 2026
Direct Inquiries/Claims to:

THE HARTFORD
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
[email protected]
all: 888-266-3488 or fax: 860-757-58:

KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLO Agency Code: 59-300168
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

Matthew Erra, Jeremy Polk of PHOENIX, Arizona
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

Shelby Wiggins
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
SS. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.

Jessica Accone
Jessica Ciccone
My Commission HH 122280
Expires Junc 20, 2025
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 5th, Signed and sealed in Lake Mary, Florida.

Keith Bozees
Keith D. Dozois, Assistant Vice President

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