CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 1,802,000.00 Tract Map 37408-3 Riv. Co. Flood Control $ Other Proj. Ref._IP21-082
Water System 357,500.00 Bond No. 1109178
Rec. Water 0.00 Premium $6,380.00 / annum
Sewer System 392,500.00
Total $ 2,552,000.00
Surety The Hanover Insurance Company Principal Lennar Homes of California, LLC Address 440 Lincoln Street Address 4140 Temescal Canyon Rd., Ste. 410 City/State Worcester, MA City/State Corona, CA
Zip code 01653-0002 Zip 92883
Phone (508) 853-7200 Phone (800) 509-4949
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 TM37408-3, 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 The Hanover Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Five Hundred Fifty-Two Thousand and No/100 Dollars, ($2,552,000.00) 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, anc 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 August 31 _, 2024
NAME OF PRINCIPAL: Lennar Homes of California, LLC, a California limited liability company AUTHORIZED SIGNATURE(S):
By:
Name: William Sacriste
Title: Authorized Agent
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
AUTHORIZED SIGNATURE: Sudaciti
Laura E. Sudduth, Attorney-in-Fact
(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 California
County of KIversIde
on August 2, 2024 beforeme, Kim Strutton, Notary Public (insert name and title of the officer)
William Sacriste
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
I Stratt (Seal)
Signature
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
County of
August 1, 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 The Hanover 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.
My Commission Expires January 25, 2026 Ananda Vumen Quika rio Amanda R Turman-Avina
AMANDA R TURMAN-AVINA
Notary ID #124048654
Ay Commission Expire
January 25, 202
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Mary Ann Garcia, Mario Arzamendi Sr., Laura E. Sudduth, Barbara Norton, Teuta Luri, Jessica Richmond, Jennie Goonie, Stephanie Gross, Misty Witt, Katie Canales, Madison Diaz, Cristina Nino and/or Amanda R. Turman-Avina Of Marsh USA, Inc. of Houston, Texas each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Five Million and No/100 ($25,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and ESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted an xecuted by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the sam extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7' day of December, 2023
The Hanover Insurance Company The Hanover Insurance Company Massachusetts Bay Insurance Company Beachusetts Bay Insurance Compa Citizens Insurance Company.of America tidens insurance Company of Amer even t towels
is H. Kawiecki, Vice President
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) SS.
On this 7th day of December 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Wendy Latournes sued tater
Notary Public, State of Connecticut
Wendy Latoures, Wotary Public
My Commission Expires July 31. 2025 My commission expires July 31, 2025
1. the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, ereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby furthe certify that the said Powers of Attorney are still in force and effec GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _1st day of _August_ 2024 he Hangver Insurance Company
CERTIFIED COPY
John Rowedder, Vice President
CITY OF
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $_901,000.00 Tract Map 37408-3 Riv. Co. Flood Control $ 0.00 Other Proj. Ref.IP21-082
Water System $_178,750.00 Bond No. 1109178
Rec. Water 0.00 Premium Sincluded in Performance Bond
Sewer System $_196,250.00
Total $1,276,000.00
Surety The Hanover Insurance Company Principal Lennar Homes of California, LLC Address 440 Lincoln Street Address 4140 Temescal Canyon Rd., Ste. 410 City/State Worcester, MA City/State Corona, CA
Zip code 01653-0002 Zip 92883
Phone (508) 853-7200 Phone (800) 409-4949
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 TM37408-3, 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 Two Hundred Seventy-Six Thousand and No/100 Dollars, ($1,276,000.00) 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 August 1 _, 2024
NAME OF PRINCIPAL: Lennar Homes of California, LLC, a California limited liability company AUTHORIZED SIGNATURE(S):
By:
Name: William Sacriste
Title: Authorized Agent
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Hanover Insurance Company
Ticia 4. Suaddle
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
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 Calitornia
County of Riverside
Kim Strutton, Notary Public
on August, 2, 2024 before me, _
(insert name and title of the officer)
William Sacriste
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
to Stretton
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:
State of Texas
SS:
County of Harris
August 1, 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 The Hanover Insurance Company he corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executec he 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.
Amanda R Varmen -Quina
My Commission Expires January 25, 2026
Amanda R Turman-Avina Notary Public
MANDA R TURMAN-AVINA
Notary ID #12404865
/ Commission Expir
nuary 25, 20
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Mary Ann Garcia, Mario Arzamendi Sr., Laura E. Sudduth, Barbara Norton, Teuta Luri, Jessica Richmond, Jennie Goonie, Stephanie Gross, Misty Witt, Katie Canales, Madison Diaz, Cristina Nino and/or Amanda R. Turman-Avina Of Marsh USA, Inc. of Houston, Texas each individually, if there be more than one named, as its true and lawful attorneys)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Five Million and No/100 ($25,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal if the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed an knowledded by the regularly elected officers of the Company in their own proper persons RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted an executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the sam extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7th day of December, 2023
The Hanover Insurance Company The Hanover Insurance Company Massachusetts Bay Insurance Company @rachusetts Bay Insurance Compa Citizens Insurance Company of America itizens Insurance Company of Ameri totion M. Mando Vico Posinge Welle Mhan
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) ss.
On this 7th day of December 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers describec herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly Wendy Latournes
Notary Public, State of Connecticut
Wendy Latournes, Wotar , Public
My Commission Expires July 31. 2025 My commission expires July 31, 202!
1. the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, ereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby furthe certify that the said Powers of Attorney are still in force and effec GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _1st day of _August. 2024 a Hanoveg Insurance Company
CERTIFIED COPY
John Rowedder, Vice President