CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499. 1)
FOR: Streets and Drainage $ 549,500.00 Tract Map37408-2 Riv. Co. Flood Control $ 0.00 Other Proj. Ref._IP21-081 Water System $ 153,000.00 Bond No.024278270
Rec. Water $ 0.00 Premium $2,046.00 / annum
Sewer System $_207,000.00
Total $_909,500.00
Surety Liberty Mutual Insurance Company Principal Lennar Homes of California, LLC Address 175 Berkeley Street Address 4140 Temescal Canyon Rd., Ste. 410 City/State Boston, MA City/State Corona, CA
Zip code 02116 Zip 92883
Phone (617) 357-9500 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 TM37408-2, 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 Nine Hundred Nine Thousand Five Hundred and No/100 Dollars, ($909,500.00) 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 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 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 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: Liberty Mutual 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.
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 California
County of RiverSe
on July 23,20011 beforeme, Beth Bruley, notary Public.
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.
WITNESS my hand and official seal. BETH BRULEY
Notary Public • California
Riverside County
Commission# 2409205
signature BetEl/ he wy Comm. Expires Jul 24, 2026)
(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. Harris • 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 _ Liberty Mutual 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.
My Commission Expires January 25, 2026 Amede R Varman -Amina Amanda R Turman-Avina Notary Public
My Canuary 23, Lores
This Power of Attorney limits the acts of those named herein, and they have no authority to Liberty bind the Company except in the manner and to the extent herein stated.
Mutual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company Certificate No: 8204866 West American Insurance Company
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 berty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation du rganized 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 appoir Laura E. Sudduth
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 1st day of July, 2024.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
INSURANCE West American Insurance Company
CORPORATE CORPORATE CORPORA
1912 1919 1991 Math1 L
1183811 HASSACHUT OHIO ANTINO By:
INDIANA
LSEM Nathan J. Zangerle, Assistant Secretary
STATE OF PENNSYLVANIA sS
COUNTY OF MONTGOMERY
On this 1st day of July, 2024, before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella. Notary Public
Montgomery County Tereas Pastella
currency rate, interest rate or residual value guarantees. My commission expires March 28, 2025 By: _ Commission number 1126044 Teresa Pastella, Notary Public Member. Pennsylvania Associatian of Notares olease call 610-832-8240 or email [email protected].
Not valid for mortgage, note, loan, letter of credit, For bond and/or Power of Attorney (POA) verification inquiries, 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:
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 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 attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, 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 attorney-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 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 attorneys-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 attorneys-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. ertificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint suc torneys-intact 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 an 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 secretan of the Company, wherever appearing upon a certified copy of any power of attorney 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, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not heen revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th _ day of July 2024
CORPORATE CORPORATE CORPORATE
1912 1919 1991 Rain wels
8 8 By:
ACHUSETTS ANVIN LSEM INDIANA Renee C. Llewellyn, Assistant Secretary IHI
Marsh MSurety POA LMIC OCIC WAIC Multi Co 082024
CITY OF
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $_274,750.00 Tract Map 37408-2 Riv. Co. Flood Control $ 0.00 Other Proj. Ref.IP21-081
Water System 76,500.00 Bond No.024278270
Rec. Water 0.00 Premium Sincluded in Performance Bond
Sewer System $ 103,500.00
Total $_ 454,750.00
Surety Liberty Mutual Insurance Company Principal Lennar Homes of California, LLC Address 175 Berkeley Street Address 4140 Temescal Canyon Rd., Ste. 410 City/State Boston, MA City/State Corona, CA
Zip code 02116 Zip 92883
Phone (617) 357-9500 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 TM37408-2, 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 Four Hundred Fifty-Four Thousand Seven Hundred Fifty and No/100 Dollars, ($454,750.00) 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 turther 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: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE:
Title
kaura 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
State of Carifornia County of Riverside
on July 23, XĐ4 Bethorue, notary tubik
personally appeared Geoffey Mith
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.
WITNESS my hand and official seal. BETH BRULEY
Notary Public - California
Riverside County
Commission # 2409205
4v Comm. Expires Jul 24, 2021
(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. Harris
July 19, 2024 _ before me, a Notary Public in and for said County and State, residing therein, duly commissioned and 20om, personally appeared Laura E. Sudduth
known to me to be Attorney-in-Fact of _ Liberty Mutual 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 Ancide l Vurner-Quina Amanda R Turman-Avina Notary Public
This Power of Attorney limits the acts of those named herein, and they have no authority to Liberty bind the Company except in the manner and to the extent herein stated.
Mutual® Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company Certificate No: 8204866 West American Insurance Company
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 organized 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 Laura E. Sudduth
_ each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, 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 1st day of July, 2024.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
COKPOPATO INSURANCE West American Insurance Company
CORPORATES CORPORATEN
1912 1919 1991 Math1 L
INDIANA By:
ISEM Nathan J. Zangerle, Assistant Secretary
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 1st day of July, 2024, before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella. Notary Public
Montgomery County Teresa tastella
currency rate, interest rate or residual value guarantees. My commission expires March 28. 2025 By:
Commission number 1126044
Teresa Pastella, Notary Public
Not valid for mortgage, note, loan, letter of credit, Member, Pennsylvania Association of Notaries please call 610-832-8240 or email [email protected].
For bond and/or Power of Attornev (POA) verification inquiries.
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:
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 President may prescribe, shall appoint such attorneys-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 attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, 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 attorney-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 authority.
ARTICLE XIlI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in witing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe shall appoint such attorneys-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 attorneys-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 Nathan J. Zangerle, Assistant Secretary to appoint such attomeys-infact 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 sacreiary of the Company, wherever appearing upon a certified copy of any power of attorney 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, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full 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 19th July 2024 _ day of
INSURANCE CASUALTY INSURANCE CAN
•CORPORATE CORPORATES
1912 1919 1991 Rain else
By:
KIM HAMPSH
ANNO INDIANA ANTON Renee C. Llewellyn, Assistant Secretary SHI 1S3M
Marsh MSurety POA LMIC OCIC WAIC Multi Co 082024