FAITHFUL PERFORMANCE BOND
-MENIFEE: CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Street/Drainage $ 6,721,500.00 Tract TR31194-1
Dom Wtr $ 950,500.00 Other Project No. IP21-049
Rec Wtr $ 0.00 Bond No. 7901023878
Sewer $ 778,500.00 Premium $ 84,505.00
Total $ 8,450,500.00
Surety Nationwide Mutual Insurance Company Principal Richland Planned Communities, Inc.
Address One West Nationwide Blvd., 1-04-701 Address 3161 Michelson Drive, Suite 425 City/ State Columbus, OH City/State Irvine, CA
Zip code 43215 Zip 92612
Phone 614-249-7111 Phone
949-383-4126
Richland Planned Communities,
WHEREAS, the City Council of the City of Menifee, State of California, (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 _TR31194-1, which agreements), dated May 8, 2024 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).
Nationwide Mutual
NOW, THEREFORE, we the principal and Insurance Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of Eight Million Four Hundred* Dollars, ($ 8,450,500.00
1 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. * Fifty Thousand Five Hundred and No/100
FAITHFUL PERFORMANCE 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 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 May 8 , 2024
NAME OF PRINCIPAL: Richland Planned Communities, Inc.
AUTHORIZED SIGNATURE(S):
By:
Name: John C. Troutman
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Nationwide Mutual Insurance Company
AUTHORIZED SIGNATURE:
Susan J. Lattarulo Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
3980848080080808089 B0ERE0308080808989880880888
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 May 8, 2024 before me, Jessica Toohey, Notary Public Date Here Insert Name and Title of the Officer
personally appeared John C Troutman
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels) 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.
JESSICA TOOHEY I certify under PENALTY OF PERJURY under the Notary Public - California
Orange County laws of the State of California that the foregoing Commission # 2446815 paragraph is true and correct.
My Comm. Expires Jun 9, 2027
WITNESS my hand and official seal.
Signature ensica
Place Notary Seal and/or Stamp Above Signature of Notary Public
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: _
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: 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:
©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document.
State of Colorado
County of — Denver
On Molly lles-Guillory , Notary Public
before me,_
Name and Tille of Notary
personally appeared Susan J. Lattarulo
Name and or Names 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. MOLLY ILES-GUILLORY
NOTARY PUBLIC
I certify under PENALTY OF PERJURY under the laws of STATE OF COLORADO the State of California that the foregoing paragraph is true NOTARY ID 20224045712 MY COMMISSION EXPIRES DECEMBER 05, 2026
and correct.
Witness my hand and official seal.
Signature.
Molly lles-Guillo Notary Public Signature Place Notary Public Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): Corporate Officer - Title(s):
• Partner - • Limited • General Partner - • Limited • General
RIGHTTHUMBPRINT RIGHT THUMBPRINT
• Guardian or Conservator OF SIGNER OF SIGNER
Guardian or Conservator
Top of thumb Top of thumb
• Attorney-in-Fact Attorney-in-Fact
• Trustee • Trustee
• Other: Other:
Signer is representing Signer is representing
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:
JOHN J BROWNING; SUSAN J LATTARULO; KELLI E HOUSWORTH; SHEILA J MONTOYA; JUSTIN TOMLIN; 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 of 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 attorneys-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
SE NOTUM INSURE 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 SEAL instrument, and he acknowledged the execution of the same, and being by me duly
SURETYUPE CMY
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed 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 Seylanie Pulino Matte
No. 02MC6270117
Qualified in New York County Notary Public
Commission Expires October 19, 2024 My Commission Expires October 19, 2024
CERTIFICATE
I, 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 by 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 has not been 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 duly elected 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 board IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 8th Паша B. Guy
Assistant Secretary
BDJ 1(08-21)00
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Street/Drainage $ 3,360,750.00 Tract TR31194-1
Dom Wtr 475,250.00 Other Project No. IP21-049
Rec Wtr $ Bond No. 7901023879
Sewer $ 389,250.00 Premium $ 42,253.00
Total $4,225,250.00
Surety Nationwide Mutual Insurance Company Principal Richland Planned Communities, Inc.
Address One West Nationwide Blvd., 1-04-701 Address 3161 Michelson Drive, Suite 425 City/ State Columbus, OH City/State Irvine, CA
Zip code 43215 Zip 92612
Phone 614-249-7111 Phone 949-383-4136
Richland Planned
WHEREAS, the City Council of the City of Menifee, State of California, and Communities, 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 TR31194-1, which agreements), dated May 8, 2024 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 Four Million Two Hundred Twenty Five* Dollars, ($4,225,250.00 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.
Thousand Two Hundred Fifty and No/100
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 May 8, 2024
NAME OF PRINCIPAL: Richland Planned Communities, Inc.
AUTHORIZED SIGNATURE(S):
By:
Name: John C. Troutman
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Nationwide Mutual Insurance Company
AUTHORIZED SIGNATURE: (susan l hattano
Susan J. Lattarulo Its Attorney-in-Fact Titie
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8X8:831808080808089808180808N888080884808080808080808080808980808 8039893030303980888898030808808
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 . May 8, 2024 before me, Jessica Toohey, Notary Public Date Here Insert Name and Title of the Officer
personally appeared John C Troutman
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels) 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/hér/their signature(g) 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
JESSICA TOOHEY
Notary Public - California paragraph is true and correct.
Orange County
Commission # 2446815 WITNESS my hand and official seal.
My Comm. Expires Jun 9, 2027
Signature essica do her
Place Notary Seal and/or Stamp Above Signature of Notary Public
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 Signers)
Signer's Name: 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:
809080308008081890808080
©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document.
State of Colorado
County of Denver
On -8-24 before me, Molly lles-Guillory , Notary Public Date Name and Tille of Notary
personally appeared Susan J. Lattarulo
Name and or Names 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. MOLLY ILES-GUILLORY
NOTARY PUBLIC
STATE OF COLORADO
I certify under PENALTY OF PERJURY under the laws of NOTARY ID 20224045712 the State of California that the foregoing paragraph is true MY COMMISSION EXPIRES DECEMBER 05, 2026 and correct.
Witness my hand and official seal.
Signature
Molly lles-Guillory Notary Public Signature Place Notary Public Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date Number of Pages:
Signer's Name:
• Individual Individual
• Corporate Officer - Title(s): Corporate Officer - Title(s):
• Partner - • Limited • General Partner - • Limited • General
RIGHT THUMBPRINT RIGHT THUMBPRINT
• Guardian or Conservator OF SIGNER OF SIGNER
Guardian or Conservator
Top of thumb Top of thumb
• Attorney-in-Fact Attorney-in-Fact
• Trustee Trustee
• Other: Other:
Signer is representing Signer is representing
••
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:
JOHN J BROWNING; SUSAN J LATTARULO; KELLI E HOUSWORTH; SHEILA J MONTOYA; JUSTIN TOMLIN; 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 of 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 attorneys-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 SEAL instrument, and he acknowledged the execution of the same, and being by me duly
SURETRUSE ONLY
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed 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.
Notary Public. State of New York Seylanie Pulino matte
No. 02MC6270117
Qualified in New York County Notary Public
Commission Expires October 19, 2024 My Commission Expires 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 by 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 has not been 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 duly elected 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 board IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 8th day of May
Паша B. Guy
Assistant Secretary
BDJ 1(08-21)00