DocuSign Envelope ID: ACF56FEB-9CAF-46DC-9B49-647AEE73F582
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage 1,998,000 Tract Map 36658-5
Riv. Co. Flood Control $ Other Proj. Ref.
Water System 560,500 Bond No. 268018448
Rec. Water $. Premium $11,267.00
Sewer System $. 446,000
Total $. 3,004,500
Surety Liberty Mutual Insurance Company Principal Pulte Home Company, LLC Address 175 Berkeley Street Address 27401 Los Altos, Suite 400 -
City/State Boston, MA City/State Mission Viejo, CA
Zip code 02116 Zip 92691
Phone (617) 357-9500 Phone 951-538-5835
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 tract 36658-5, 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 Liberty Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million Four Thousand Five Hundred and 00/100 Dollars, ($3,004,500.00) 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: ACF56FEB-9CAF-46DC-9B49-647AEE73F582
FAITHFUL PERFORMANCE BOND
-MENIFE:
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 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 June 13th 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: Liberty Mutual Insurance
AUTHORIZED SIGNATURE:
Peter S Forker, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
executed this (3F day of Jure _ 2024.
Pulte Home Company, LLC
PRINCIPAL
Salar
Notary Attached
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) ss.
COUNTY OF COBB
This record was acknowledged before me on June 13, 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
Signature br Notary Public My Commission Expires Feb 21, 2026 T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
ACKNOWLEDGMENT BY SURETY
STATE OF Illinois
} ss.
County of Cook
On this 13th day of Juse 2024 _ before me personally
appeared Peter S. Forker ,, known to, me to be the Attorney-in-Fact of Liberty 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 Vir
MY COMMISSION EXPIRES 03/03/27
Notary Public in the State of utmois
County of Cogk
S-0230/GE 10/99
XDP
This Power of Attorney limits the acts of those named herein, and they have no authority t ind the Company except in the manner and to the extent herein state Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205863-972267 West American Insurance Company
SURETY
POWER OF ATTORNEY
Hillestad; Peter S Forker, Rebecca M. Johlie; Stephanie C. Anderson; W. C. Behnke; William C. Behnke all of the city of Chicago state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to mak execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuanc of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and altested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this day of June
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
CORPORATE ANCE CORPORATE INSURANCE MERICAN CORPORATE West American Insurance Company 1912 03 1919 1991
OHIO
INDIANA
THI 153M By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 29th day of June _ before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries.
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. interest rate or residual value guarantees IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
ERESA Commonwealth of Pennsyfvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County tereas Pastella olease call 610-832-8240 or email [email protected].
Not valid for mortgage, note, loan, letter of credit, My commission expires March 28, 2025 By:
NEY VANT Commission number 1126044
Member, Pennsytvania Association of Nolaries Teresa Pastella, Notary Public
NOTARY PUBL
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutua Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
For bond and/or Power of Attornev
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authorily.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Anencan Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney execuled by said Companies, is in fuil force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3th day of June 2004
INSURANCE RICAN INSURANCE
CORPORATEL CORPORATE
1912 1919 1991
1483811 OHIO ANYANO? By:
INDIANA
Уні LS3A Renee C. Llewelyn. Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
DocuSign Envelope ID: ACF56FEB-9CAF-46DC-9B49-647AEE73F582
ENIFE - MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 999,000 Tract/Parcel Map_36658-5 Water System $ 280,250 Bond No. 268018449
Sewer System $ 223,000 Premium $ 5 633.00
Total $ 1,502,250
Surety Liberty Mutual Insurance Company Principal Pulte Home Company, LLC Address _175 Berkeley Street Address 27401 Los Altos, Suite 400 City/State Boston, MA City/State Mission Viejo, CA
Zip 02116 Zip 92691
Phone (617) 357-9500 Phone 951-538-5835
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 tract 36658-5, which agreements), dated _ 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 One Million Five Hundred Two Thousand Two Hundred Fifty and 00/100 Dollars, ($1,502,250.00) 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. 10/26/20
DocuSign Envelope ID: ACF56FEB-9CAF-46DC-9B49-647AEE73F582
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or shall in anywise affect its obligation on this bond
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 _ June 13th
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):
SEE ATTACHED
By:
Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION, AFFIX SEAL)
AUTHORIZED SIGNATURE:
Peter S. Forker, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
executed this 137 day of June . 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 June 13, 2024, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on he basis of satisfactory evidence to be the person who appeared before ne and is personally known to me
WITNESS my hand official seal.
T JESSICA MASK
Notary Public - State of Georgia
Cobb County
Sigrature di kolary Pubic My Commission Expires Feb 21, 2026 T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
ACKNOWLEDGMENT BY SURETY
STATE OF Illinois
} ss.
County of Cook
On this 13th day of June 2024 , before me personally
appeared Peter S. Forker ., known to, me to be the Attorney-in-Fact of Liberty 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 Mir
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 03/03/27 County of Cook
S-0230/GE 10/99
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty
Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205863-972267 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizec under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cole P Hillestad; Peter S Forker; Rebecca M. Johlie; Stephanie C. Anderson; W. C. Behnke; William C. Behnke all of the city of Chicago state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of June 2021
Liberty Mutual Insurance Company
SUALTY The Ohio Casualty Insurance Company
CORPORA MERICAN «CORPORATE West American Insurance Company WU CA
9 2 1919 1991
INVAHOD Hai Can
LS3M INOIANA
By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
letter of credit. On this 29th day of June 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries, Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. interest rate or residual value guarantees. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. «SA PASTELL Commonwealth of Pennsylvania - Notary Seal
EA Teresa Pastella, Nolary Public
Montgomery County ereas Pastello please call 610-832-8240 or email [email protected].
OF
My commission expires March 28, 2025 By:
Commission number 1126044
Member, Pennsyłvania Association of Notaries Teresa Pastella, Notary Public
NOTARY PUBLIC
Not valid for mortgage, note, loan, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: For bond and/or Power of Attornev ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer of officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such altomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and Wast American Insurance Company do hereby certify that the original power of altomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in fuli force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and afixed the seals of said Companies this |3th day of June 2024
INSURANCE CASUA INSURANCE CAN INSURANCE
CORPORATE
1912 1919 991 Rem (ele
By:
INDIANE Renee C. Llewellyn, Assistant Secreiary
1S3N
LMS-12873 LMIC OCIC WAIC Multi Co 02/21