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Bond - Monuments

Menifee City Council
May 15, 2024

Document
Bond - Monuments
Meeting
May 15, 2024
Body
Menifee City Council
Original file
2.7 MB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

SUBDIVISION MONUMENT BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66496)
Tract Map No. 36658-6
Bond No. 7901181749
Surety Premium $_ 387.00
Surety Nationwide Mutual Insurance Company Principal Pulte Home Company, LLC Address One West Nationwide Blvd, 1-14-301 Address 27401 Los Altos, Suite 400 City/State Columbus, Ohio City/State Mission Viejo, CA
-
Zip code 43215-2220 Zip 92691
Phone_(614) 249-7111 Phone 951-538-5835
That, PULTE HOME COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY, subdivider, as principal, and Nationwide Mutual Insurance Company, an Ohio corporation, as surety, are hereby jointly and severally bound to pay to the City of Menifee the sum of One Hundred Three Thousand Three Hundred Twenty and 00/100, Dollars (§103,320.00).

The condition of this obligation is that, whereas the subdivider, as a condition of the filing of the final map of Tract 36658-6, entered into an agreement with the City of Menifee to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefore and to pay the engineer or surveyor performing the work, in full, within 30 days after completion.

NOW, THEREFORE, if the subdivider shall well and truly perform said agreement during the original term thereof, or of any extension of said term that may be granted by the City of Menifee, with or without notice to the surety, 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.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its 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 agreement 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.

SUBDIVISION MONUMENT BOND
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on May 2nd 2024
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):

By: Scattachel
Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION. AFFIX SEAL)
NAME OF SURETY: Nationwide Mutual Insurance Company"
AUTHORIZED SIGNATURE: 1€ 1
Peter S Forker, Attorney-in-Fact
(IF CORPORATION. AFFIX SEAR).

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.

Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:

Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:

OSCAR F RINCON; PETER S FORKER; REBECCA M JOHLIE;
each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of

UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts if said Attorney pursuant to the authority given are hereby ratified and confirmed This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.

Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company.

IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.

Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed COLDAIDS S hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.

Stephanie Rubino McArthur
Notary Public, State of New York
No. 02MC6270117
Qualified in New York County Nolary Fublic
Commission Expires October 19, 2024. My Commission Exoires October 19,2024

CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued y the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same ha not been revoked or amended in any manner; that said Antonio G. Albanese was on the date of the execution of the foregoing power of attorney the duly electer officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said boar of directors; and the foregoing power of attorney is still in full force and effect IN KNERS WHEREOF naye hereunto suberbed my name as Assant secretary, and afted the corporete seal of pid confer the nd day of Laura B. Guy
Assistant Secretary
BDJ 1(08-21)00

ACKNOWLEDGMENT BY SURETY
STATE OF lilinois
ss.

County of Cook
On this and day of May 2024 , before me personally
appeared Peter S. Forker _ known to, me to be the Attorney-in-Fact of Nationwide Mutual Insurance Company
, the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written.

OFFICIAL SEAL

NICHOLAS S JOSLYN
NOTARY PUBLIC, STATE OF ILLINOIS.

MY COMMISSION EXPIRES 03/03/27 County of Cook
S-0230/GE 10/99
XDP
executed is 2id dayor May _ 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 May 2, 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
Signato lary Punc My Commission Expires Feb 21, 2026
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
Power of Attorney

KNOW ALL MEN BY THESE PRESENTS THAT
Natonwide Mutual Insurance Company, an Ohio corporation hereinalter raferred lo severally as the "Company" and collectively as "the Companies" does hereby make, sonstitute and appoint:

OSCAR F RINGOR PETERS FORKAR, HEHECCA MJOHITE.
each in their individual capacity, its true and lawful attorney-in-fact, with full power and autherity to sign, seal and execute on its behail any and all bands and undertakings, and other obligatory nstruments of similar nalure, in penalties net exceeding the sum of

UNLIMITED
and to tand ine Company thereby as fully and to the same exent as if such instruments were signed by the duy authonzed officers of the Company, and all asts of said Attorey pursuant to the antherity given are hereby ratified and confirmed.

This power of attomey is made and executed pursuant to and by authority of the following resolution euly adopter hy the beard of directors of the Cornpany:
and to authonze them le execute and celiver en behalf of the Company any and all bonds: ferms applicatens memerandums, undertakings. RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered in appent tereys-in-fact e' the Cemparty. recognizances, transfers, contracts of incemnily, pelicies, contracts guaranteeing the fidelity of persons helding positions of suble or private trust, and ether writings obligatory in nalure that the business of the Company may require; and to modify or revoke with or without cause, any such appoininent or autherity, provided, however, that the authority granted hereby shall in no way limit the authority of ether duly authorized agents to sign and countersign any of said documents on behalf of the Company."
RESOLVED FURTHER, that such attomeys-in-fat shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the lems and limitations of the power of attorey issued te them, and to affix the seal of the Campany hereto: provided, however, that said seal shall rot be necessary for the validity o any such dosuments.* This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.

Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall naue the power and authonty to sign of allest all appraved cocuments, instruments, contracts, or alher papers in connection with the operation of the business of the company In addition to the chairman of the board, the shief executive officer, president, reasurer or secretary: proviced, however, the s gnature ef any of them may be printer, engraved, or stamper an any approved document, contract, instrument. or other papers of lie Gempany.

IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 201h day of August, 2021.

Antonio C. Altanese, Vice President of Nationwide Mutual Irsurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day or August, 2021, before me came the above-named officer for the Company SEAL aforesaie, le me personally known le be the officar described in and who executed the preceding instrument, and he acknowladged the executon of the same and being by me duly sworn, deposes and says, that he is the eflicer of the Company aforesaid, that the seal affixed hereto is the corporale seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.

Stephen e Rubino McArthur
Notary Putlic, Siate of New York dylane Futuna Mitte
No. 02MCE270117
Qualified in New Yore County
Cummission Expires October 19.2024 Nolary Putie
My Commission Eup res
CERTIFICATE Oclouw: 19.2024

1. Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, tie and correct copy of the originalipower of elterney issued by the Company. that the rasclution included therein is a true and correct transcript from the minutes of the meelings of the beards of dredlors ard the same nas officer of the Company, and the corporale seal and his signature as officer were duly affixed and subser bed to the said instrument by the autorty of said board not baen revoked or amended in any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the auly elected of directors; and the foregoing power of attemey is still in full force and effect.

IN WITNESS WHEREOF, have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said fompany his cudd day of May - 2024 Каша В. вчу
BDJ 1(08-21)00 Assistart Secretary

ACKNOWLEDGMENT BY SURETY
STATE OF Illinois
County of Cook
On this and day of May 2. 2024 , befere me persenally
appeared Peter S. Forker . known to, me to be the Alterney-in-Fact of Nationwide Mutual Insurance Company
- the corperatien
that executed the within instrument, and acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written.

OFFICIAL SEAL
NICHOLAS S JOSLYN County of Cook

NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 03/03/27
S-0230/GE 10/99

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