CITY OF
MENIFEE
FAITHFUL PERFORMANCE BOND
cITY OF menIfEE, sTaTE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $_2,530,000.00 Tract Map 36485-7 Water System $ 507,500.00 Other Proj. Ref.
Rec. Water $ 8,500.00 Bond No. TM5207442
Sewer System $ 421,000.00 Premium $19,762.00
Total $ 3,467,000.00
Surety The Guarantee Company of North America USA Principal Sutter Mitland 01, LLC Address One Town Square, Suite 1470 Address 3200 Park Center Dr., Suite 1000 City/State Southfield, MI City/State Costa Mesa, CA
Zip code 48076 Zip 92626
Phone (248) 281-0281 Phone (714) 200-1533
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01, 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 TM 36485-7, 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 The Guarantee Company of North America USA, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million Four Hundred Sixty-Seven Thousand -_....... --00/100 Dollars, $3,467,000.00 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
CITY OF
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 specitications 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 February 28th , 2018.
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: David E. Bartlett
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Guarantee Company of North America USA R .. hhs
AUTHORIZED SIGNATURE:
Attorney-in-Fact Title
Richard Longland, Attorney-In-Fact.
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN- FACT.
9/8/15
A notary public or other officer completing
this certificate verified only the identity o
he individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
SS.
COUNTY OF Orange
March 19 → 2018, before me, _ Meagan Knecht
, Notary Public, personally appeared DavidE. Bartlett
; 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.
MEAGAN KNECHT
COMM.#2117799 Notary Public
Notary Public-Califomia
ORANGE COUNTY
My Comm. Exp. JUNE 28, 2019 E
CITY OF
MENIFEE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 1,265,000.00 Parcel Map 36485-7 Water System $ 253,750.00 Other Proj. Ref.
Rec. Water $ 4,250.00 Bond No. TM5207442
Sewer System $ 210,500.00 Premium $9,881.00
Total $ 1,733,500.00
Surety The Guarantee Company of North America USA Principal_ Sutter Mitland 01, LLC Address One Town Square, Suite 1470 Address3200 Park Center Dr., Suite 1000 City/State Southfield, MI City/State Costa Mesa, CA
Zip code _ 48076 Zip 92626
Phone (248) 281-0281 Phone (714) 200-1533
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01, 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 TR 36485-7, 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 Guarantee Company of North America USA, 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 Thirty-Three Thousand Five Hundred ---- -00/100 Dollars, $1,733,500.00 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.
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 IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 28", 2018.
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: David E. Bartlett
Title: Vice President
(IF CORPORATION, AFFIX SEAL.)
NAME OF SURETY: The Guarantee Company of North America USA AUTHORIZED SIGNATURE: R.hal
Attorney-in-Fact
Richard Longland, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN- FACT.
9/8/15
A notary public or other officer completing
this certificate verified 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
SS.
COUNTY OF - Crange
On March 19 , 2018, before me, . Meagan Knecht
, Notary Public, personally appeared Divia E.Banut
› 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 capacityies) and that by his/her/their signature(f) 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.
MEAGAN KNECHT
COMM.#2117799
Notary Public-Califomia Notary Public
ORANGE COUNTY
My Comm. Exp. JUNE 29, 2019
The Guarantee Company of North America USA
GUARANTEE® Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Irene LeBlanc, Theresa Hedberg, Dina Amaro-Elias, Richard Longland, Paul Hollingworth, Yves Boilard, Benoit Phénix, Nathalie Sanscartier, Cheryl Best-Pope, Olga lankine, Dan Fletcher, Michel Bourque, François Forget, Steve Rees, Nelson de Quintal, Pamela Martin, Sean Deakin, Dana Hammond, Chelsea Fish, Greg Forsythe, Korey Pettit, Maryse Bertrand, Kim Roberts, David Thorpe, Bryan Kechnie, Heidi Mclimoyle, Thomas Mateo, Maria Suarez The Guarantee Company of North America USA
its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
O NORTH AMERCE omclum panda
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company.
Christine Lynn Karow IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2021
Christine Lynn tarow
Acting in Oakland County
1, Randal: Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF, have throne my had and alace the sea or at company tig 8 barate b ruary 2018 Randall Musselman, Secreta
'THE GUARANTEE COMPANY OF NORTH AMERICA USA
Home Office, Southfield, Michigan •.
STATUTORY BALANCE SHEEL
December 31, 2016
ASSETS
Cash and Short-Term Investments . $ 56,296,670
Marketable Securities 152,724,094
Premium and Agents Balances (under 90 days) 3,793,752
Reinsurance Receivable on paid losses 3,671,820
Accrued Interest and Dividends 1,126,293
Other Assets 220,511
Total Admitted Assets $217,833,140
LIABILITIES
Reserve for Losses and Loss Adjustment Expenses $ 8,795,674 Unearned Premium Reserve 16,585,684
Accrued Expenses 2,658,127
Ceded Reinsurance Premiums Payable 3,280,155
Taxes, Licenses and Fees Payable 175,373
Federal Income Tax Payable 572,565
Net Deferred Tax Liability 1,746,522
•
Funds Held 3,409,090
Other Liabilities 55,816
Total Liabilities $ 37,279,006
CAPITAL AND SURPLUS
Common Stock and Paid-In Capital $144,020,970
Surplus 36,533,164
' Total Policyholders' Suplus $180,554,134
Total Liabilities, Capital and Surplus $217,833,140
State of Michigan
County of Oakland
Stephen C. Ruschak being duly sworn, says: That he is the President & COO of The Guarantee Company of North America USA; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the State of Michigan, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified. to act as surety under the Act of Congress of July 30, 1947, as amended (6 U.S.C. 6-13); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31* day of December 2016.
Sworn to before me this 3rd day of March 2017.
NolaGynthia A. Takar Stephen C. Ruschak, President & COl Cynthfa A. Takal
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2018
Acting in Oakland County