Cities Index.
Bond - Onsite Water, Sewer

Menifee City Council
August 21, 2024

Document
Bond - Onsite Water, Sewer
Meeting
August 21, 2024
Body
Menifee City Council
Original file
18.3 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.

CITY OF

FAITHFUL PERFORMANCE BOND

MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Tract Map _TM38219
Riv. Co. Flood Control $. Other Proj. Ref. IP24-007U (onsite) Water System $ 507,500 Bond No. 107997972
Rec. Water $ Premium $3,630.00
Sewer System $ 529,500
Total $ 1,037,000
Surety Travelers Casualty and Surety Principal Richmond American Homes of Maryland, Inc.

Company of America
Address 215 Shuman Blvd Address 391 N Main Street
City/State Naperville, IL City/State _Corona, CA
Zip code 60563 Zip 92878
Phone 800-747-3719 Phone951-258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and Richmond American Homes of Maryland, 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 TM38219, which agreements), dated Input date(s) here, is/are hereby referred to and made a part hereof; 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 Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Thirty Seven Thousand and 00/100ths, Dollars, ($1,037,000.00) 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 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 OF

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 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 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 April 10
NAME OF PRINCIPAL: Richmond American Homes of Maryland, Inc.

AUTHORIZED SIGNATURE(S):

By: -
Name: Edgar Gomez
Title: Vice President of Project Management
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Travelers Casualty and Surety Company of America AUTHORIZED SIGNATURE: anas
ts Attorney-in-Fac
James I. Moore
(IF CORPORATION, AFFIX SEAL)

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

ACKNOWLEDGMENT
State of California
County of Riverside
On April 15, 2024 before me, Jodie Atha, Notary Public
(insert name and title of the officer)
personally appeared Edgar Gomez
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sherthey executed the same ir 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.

JODIE ATHA
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission: 2390833
My Comm. Expires Feb 11, 2026
Signature Oatie CAth (Seal)

MATERIAL AND LABOR BOND

MENIFEE

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Tract/Parcel Map _TM38219 (ONSITE) Water System $. 253,750 Bond No. 107997972
Sewer System $. 264,750 Premium $ 3,630.00
Surety Travelers Casualty and Surety Company of America Principal Richmond American Homes of Maryland, Inc, Address 215 Shumam Blvd Address 391 N Main Street
City/State_Naperville, IL City/State Corona, CA
Zip_ 60563 Zip_ 92878
Phone_ 800-747-3719 Phone 951-258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and Richmond American Homes of Maryland, 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 _ TM38219 _ which agreements), dated insert date(s), 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 Five Hundred Eighteen Thousand Five Hundred and 00/100ths Dollars, ($518,500.00) 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 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. 10/26/20

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 April 10 2024
NAME OF PRINCIPAL: Richmond American Homes of Maryland, inc.

AUTHORIZED SIGNATURE(S):

By:

Name: Edgar Gomez
Title: Vice President of Project Management
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Travelers Casualty and Surety Company of America AUTHORIZED SIGNATURE: lames a more
Its Attorney-in-Fact
James I. Moore
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20

ACKNOWLEDGMENT
State of California
Riverside
On April 15, 2024 before me, Jodie Atha, Notary Public
(insert name and title of the officer)
personally appeared Edgar Gomez
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.

JODIE ATHA
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2390833
My Comm. Expires Feb 11, 2026
Cadi CAtha
Signature. (Seal)
State of Illinois}
} sS.

County of DuPage }
On_April 10, 2024 _ before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission Expires September 10, 2025

OFFICIAL SEAL
JENNIFER J. MCCOME

NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires September 10, 2025
Commission No. 721282
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERSJ St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
corporations duly organized under the
the Companies in their business of guaranteeing
bonds and undertakings required
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, CONY.

State of Connecticut Olestly
By:

Robert L. Raney Senior Vice President
City of Hartford ss.

On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.

SOLARY Напа в. Hart
My Commission expires the 30th day of June, 2026
pruc
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is Hughes, undersigned, Issistant Secretary of each of the Companies, do hereby certify that the above and foregoing is i ue and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effec Dated this 10th day of April 2024

HARTFORD

CORR KONT
La r. Hayler
• Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.

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