CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $1,345,500.00 Tract Map - 37408-1 Riv. Co. Flood Control $ 0.00 Other Proj. Ref._IP21-080 Water System $. 164,000.00 Bond No.0809119
Rec. Water $ 0.00 Premium $3,832.00 / annum
Sewer System $_193,500.00
Total $ 1,703,000.00
Surety Harco National Insurance Company Principal Lennar Homes of California, LLC Address 4200 Six Forks Rd., Suite 1400 Address 4140 Temescal Canyon Rd., Ste. 410 City/State Raleigh, NC City/State Corona, CA
Zip code 27609 Zip 92883
Phone (919) 833-1600 Phone (800) 509-4979
WHEREAS, the City Council of the City of Menifee, State of California, and Lennar Homes of California, 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 TM37408-1, 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 Harco National Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Seven Hundred Three Thousand and No/100 Dollars, ($1,703,000.00) 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 t does hereby waive notice of any such change, extension of time, alteration or addition to th erms 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 July 19, , 2024
NAME OF PRINCIPAL: Lennar Homes of California, LLC, a California limited liability company AUTHORIZED SIGNATURE(S):
By:
Name: Geoffrey Smith
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Harco Nationat Insurance Company
aura C. Suddenl
AUTHORIZED SIGNATURE:
/Its Attorney-in-Fact Title
Laura E. Sudduth, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
California All-Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only th 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 Riverside.
on July 23, 2024 before me, Bethelen, notary able.
personally appeared Geoffrey Smith
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.
BETH BRULEY
WITNESS my hand and official seal. Notary Public - California NNA Riverside County
Commission #2409205
My Comm. Expires Jul 24, 2026
Signature
(Seal)
Acknowledgment by Principal if Corporation or Limited Liability Company STATE OF California
COUNTY OF
I, _ a Notary Public in and for the
county and state aforesaid, do hereby certify that
who as, signed the foregoing writing for
Lennar Homes of California, LLC _ a corporation/LLC
has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation/LLC.
Given under my hand this day of _ 2024
Notary Seal
(Notary Public)
My commission expires:
State of - SS:
County of
July 19, 2024 _, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Laura E. Sudduth
known to me to be Attorney-in-Fact of Harco National Insurance Company the said natume i elit to scop in, and he ly acknowledget me a such op bein eu the sauced IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
January 25, 2026 AmandaR Vurman-Quina
My Commission Expires
Amanda R Turman-Avina Notary Public
MANDA R TURMAN-AVIN
otary ID #12404865
My Conuary 23, Expires
POWER OF ATTORNEY Bond # 0809119
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NG 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
JESSICA RICHMOND, MARIO ARZAMENDI, LAURA E. SUDDUTH, STEPHANIE GROSS, JENNIE GOONIE, TEUTA LURI, MADISON DIAZ, KATIE CANALES, MARY A. GARCIA, MISTY WITT, AMANDA R. TURMAN-AVINA, BARBARA
MADTON ADICTINA MINIA
Houston, TX
their 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, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. *RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings. recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023
STATE OF NEW JERSEY STATE OF ILLINOIS CORPORAT
CORPORAT County of Essex County of Cook
SEAL
1984
1904
RAW JERSE ELINOIS
Michael F. Zurcher
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and. being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, CẶTHY CRUC New Jersey the day and year first above written.
NOTARY
PUBLIC
LATE OF NEW SEN Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify IN TESTIMONY WHEREOF, I have hereunto set my hand on this day. July 19, 2024 Revelatis
A00592
Irene Martins, Assistant Secretary
CITY OF
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $_672,750.00 Tract Map 37408-1 Riv. Co. Flood Control $ 0.00 Other Proj. Ref.IP21-080
Water System 82,000.00 Bond No.0809119
Rec. Water 0.00 Premium Sincluded in Performance Bond
Sewer System $ 96,750.00
Total $ 851,500.00
Surety Harco National Insurance Company Principal Lennar Homes of California, LLC Address 4200 Six Forks Rd., Suite 1400 Address 4140 Temescal Canyon Rd., Ste. 410 City/State Raleigh, NC City/State Corona, CA
Zip code 27609 Zip 92883
Phone (919) 833-1600 Phone (800) 409-4979
WHEREAS, the City Council of the City of Menifee, State of California, and Lennar Homes of California, 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 TM37408-1, 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 Eight Hundred Fifty-One Thousand Five Hundred and No/100 Dollars, ($851,500.00) 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 July 19 _ 2024
NAME OF PRINCIPAL: Lennar Homes of California, LLC, a California limited liability company AUTHORIZED SIGNATURE(S):
By: Name: Geoffrey Smith
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Harco National Insurance Company
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact Title
Laura E. Sudduth, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
California All-Purpose
Certificate of Acknowledgment
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 truthfulness, accuracy, or validity of that document.
State of Calitornia
County of Riveisile
on July 23,2004 before me. Beth Bruty, natary ablic
personally appeared Geoffrey Smith
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.
BETH BRULEY
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2409205
My Comm. Expires Jul 24, 2026
Signature
(Seal)
Acknowledgment by Principal if Corporation or Limited Liability Company STATE OF California
COUNTY OF
1, _ a Notary Public in and for the
county and state aforesaid, do hereby certify that
who as, signed the foregoing writing for
Lennar Homes of California, LLC _ a corporation/LLC
has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation/LLC.
Given under my hand this day of _ 2024
Notary Seal
(Notary Public)
My commission expires:
SS:
July 19, 2024 _ before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Laura E. Sudduth
known to me to be Attorney-in-Fact of Harco National Insurance Company 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.
Amende R Unemen. Quina
My Commission Expires January 25, 2026
Amanda R Turman-Avina Notary Public
AMANDA R TURMAN-AVINA
Notary ID #124048654
My Canuary 3, Expires
Bond # 0809119
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
JESSICA RICHMOND, MARIO ARZAMENDI, LAURA E. SUDDUTH, STEPHANIE GROSS, JENNIE GOONIE, TEUTA LURI, MADISON DIAZ, KATIE CANALES, MARY A. GARCIA, MISTY WITT, AMANDA R. TURMAN-AVINA, BARBARA
MADAM DICTINA MINA
Houston, TX
their true and lawful attorney(s)-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, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
N WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023
INSUR.
STATE OF NEW JERSEY STATE OF ILLINOIS CORPORAT
CORPORAT County of Essex County of Cook
SEAL ANCE SEAL
1984
1904
KLINOIS
Michael F. Zurcher
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2023
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark.
CATHY CRUN
New Jersey the day and year first above written
NOTARY
PUBLIC carly Gro
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
CERTIFICATION
1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, July 19, 2024 A00592
Irene Martins, Assistant Secretary