CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 879,500.00 Tract Map 37408-4 Riv. Co. Flood Control $. 0.00 )ther Project Ref. IP21-08:
Water System $. 203,500.00 Bond No. US00139591SU24/
Rec. Water $ 0.00 Premium $3,295.00 / annual
Sewer System $ 235,000.00
Total $ 1,318,000.00
Surety XL Specialty Insurance Company Principal Lennar Homes of California, LLC Address 535 Springfield Ave., Suite 130 Address 4140 Temescal Canyon Rd., Ste. 410 City/State Summit, NJ City/State Corona, CA
Zip code 07901 Zip 92883
Phone (908) 918-2300 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 TM37408-4, 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 Input name of surety, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Three Hundred Eighteen Thousand no/100, Dollars ($1,318,000) 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 August 26 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: XL Specialty Insurance Company
Maura 4. Duddidn
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
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 Camornia County of KiVerside
08/28/2024 before me Kim Strutton, Notary Public
insert name and title of the officer
seoffren Smith
personally appeared
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.
KIM STRUTTON
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2405490
My Comm. Expires May 24. 2026
signature I Strutton (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:
State of
SS:
County of
August 26, 2024 _ before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Laura E. Sudduth
XL Specialty 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.
January 25, 2026 Amanda A Unan-Quina
My Commission Expires
Amanda R Turman-Avina Notary Public
AMANDA R TURMAN-AVINA
Notary ID #124048654
My Commission Expires
January 25, 2026
DocuSign Envelope ID: 9D2A64C2-6773-4E2F-9F1A-D81019706CE9 Power of Attorney
XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
XL 1628235
AYA
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, Reinsurance America. Inc., a New York insurance company with offices located at 677 Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint:
Ann Arzamendi, Jessica Richmond, Amanda Turman-Avina, Barbara Norton, Stephanie Gross, Teuta Luri, Jennie Goonie, Misty Witt, Madison Diaz, Katie Canales each its true and lawful Attorneys)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorizec to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety o co-surety with others and that the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying execute, on behalf of the Company, bonds and 222222 that the Secretary or any Assistant Secretary of the Company be, and that each of undertakings in
them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this May 21st, 2024.
XL SPECIALTY INSURANCE COMPANY
CORPORA,
SEAL by:
Gregory Boal, VICE PRESIDENT
DELAWARE
STATE OF PENNSYLVANIA Attest: Ken Mainl
COUNTY OF CHESTER
Kevin M. Mirsch, ASSISTANT SECRETARY
EUESAEEETER
order and authority of the Boards
Commonwealth of Pennsylvania - Notary Seal
S Grace Freed-Brown, Notary Public
My commission expires March 5, 2026
Commisslon number 1322812 S. Grace Freed-Brown, NOTARY PUBLIC Merber. Pennsylvania Assceiation of Notarles
SB0042 Page 1 of 2
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 439,750.00 Tract Map 37408-4 Riv. Co. Flood Control $ 0.00 Other Project Ref. IP21-083 Water System 101,750.00 Bond No. US00139591SU24A
Rec. Water $ 0.00 Premium Sincluded in Performance Bond Sewer System $ 117,500.00
Total $ 659,000.00
Surety XL Specialty Insurance Company Principal Lennar Homes of California, LLC.
Address 535 Springfield Ave., Suite 130 Address 4140 Temescal Canyon Rd.. Ste. 410 City/State Summit, NJ City/State Corona, CA
Zip code 07901 Zip 92883
Phone (908) 918-2300 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 TM37408-4 - 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 Six Hundred Fifty-Nine Thousand no/100 Dollars, ($659,000) 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 lot 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 August 26 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: XL Specialty Insurance Company
Laura 4. Sudante
AUTHORIZED SIGNATURE:
ts Attorney-in-Fac Title
_aura E. Suddutl
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
ACKNOWLEDGMENT
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
Riverside
County of
08\28/2024 before me, Kim stutton, Notany Public
On -
Geoffrey. Smith
personally appeared
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.
KIM STRUTTON
WITNESS my hand and official seal. Notary Public • California Riverside County
Commission # 2405490
My Comm. Expires May 24. 2026
Signature a A Struttr (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:
State of Texas
County of SS:
Harris
August 26, 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 _ XL Specialty 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.
Ananda & Vurman-Anina
My Commission Expires January 25, 2026
Amanda R Turman-Avina Notary Public
AMANDA R TURMAN-AVINA
Notary ID #124048654
My Comary 23, 202tres
DocuSign Envelope ID: 9D2A64C2-6773-4E2F-9F1A-D81019706CE9 Power of Attorney
XL. Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
AYA XL 1628234
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA Reinsurance America Inc., a New York insurance company with offices located at 677 Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint:
Laura E. Sudduth, Arzamendi, Jessica Richmond, Amanda R. Turman-Avina, Barbara Norton, Stephanie Gross, Teuta Luri, Jennie Goonie, Misty Witt, Madison Diaz, Katie Canales each its true and lawful Attorneys)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed $100,000,000.00.
Such bonds and undertakings, duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017.
RESOLVED, Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named attorney to execute, on behalf of the Company, bonds surety or co-surety with others, Assistant Secretary of the Company be, and them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to relating thereto by facsimile, and any such power of attorney or certificate bearing valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this May 21st, 2024.
XL SPECIALTY INSURANCE COMPANY
STNSURANGE CORPORATI
SPECI by: SORO
SEAL
Gregory Boal, VICE PRESIDENT
DELAWARE
STATE OF PENNSYLVANIA Kein M Minl
COUNTY OF CHESTER Attest:
Kevin M. Mirsch, ASSISTANT SECRETARY
On this Zist day resident 2024, SPELT INSURANCE Me, decided me and it executed he bore in poet hd that he is Vice asident of XL SPECIALI
knows the seals on autorm reine boats of lo rafted or said companies and that he eccore sea atment or ne thereto order
order.
Commonwealth of Pennayivania - Nolary Seal
S Grace Freed-Brown, Nolary Public
Chester County
My commission expires March 5. 2026
Commisslon number 1322812 S. Grace Freed-Brown, NOTARY PUBLIC Mariber. Punnsylvania Asseciation of Notartes
SB0042 Page 1 of 2