CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 320,000.00 Parcel Map PM37624 Riv. Co. Flood Control $ Other Project Ref. _IP23-012
Water System $ Bond No. 800188654
Rec. Water $ Premium $6,400.00
Sewer System $
Total 320,000.00
Surety Atlantic Specialty Insurance Company Principal Heritage Square Menifee, LLC Address 605 Highway 169 North, Suite 800 Address 41391 Kalmia Street, Ste 300 City/State Plymouth, MN City/State Murrieta, California Zip code 55441 Zip 92562
Phone 781-332-7000 Phone (951) 200-2367
WHEREAS, the City Council of the City of Menifee, State of California, and Heritage Square Menifee, 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 PM37624, IP23-012, 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 Atlantic Specialty Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Twenty Thousand and no/100, Dollars, ($320,000.00) 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 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 November 13 - 2024
NAME OF PRINCIPAL: Heritage Square Menifee, LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Atlantic Specialty Insurance Company
AUTHORIZED SIGNATURE: BE Brook T. Smith. Attorney in Fact.
Its 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
State of Kentucky
County of Jefferson
On 11/13/24 before me, _ Susan Ritter, Notary Public
(insert name and title of the officer)
personally appeared • Brook T. 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 Kentucky that the foregoing paragraph is true and correct.
Susan Ritter
NOTARY PUBLIC
WITNESS my hand and official seal. STATE AT LARGE, KENTUCKY ID # KYNP46206
MY COMMISSION EXPIRES MARCH 4, 2026
Sus-Rol
Signature (Seal)
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Audria R. Ward, Barbara J. Benton, Brett Rosenhaus, Brian S. Turner, Brook T. Smith, Charles J. Nielson, David R. Hoover, Davor Mimica, Deborah S. Neichter, Denise Donelson, Devin J. Phillips, Donald P. Bramlage, Edward T. Ward, F. Danny Gann, James H.
Martin, James T. Smith, Jarrett Merlucci, Jason D. Cromwell, Jessica Pamela Reno, Joseph P. Nielson, Justin Vokus, Keith Nicholson, Kevin R. Wojtowicz, Laura D. Mosholder, Michelle D. Liwosz, Patricia Schmaltz, Raymond M. Hundley, Shawn Alan Burton, Tracey C. Brown, William O. Walker, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, ndertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compar the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thoug manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
CORPORATE
SEAL
By
STATE OF MINNESOTA Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me aly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and i gnature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Compan ALISON D. NASH-TROUT
NOTARY PUBLIC - MINNESOTA tombathat
My Commission Expires
January 31, 2030 Notary Public
fore and has nod, Secreaked, and the resisions se To Suve are ON MOrNY, a New York Corporation, do hereby certify that the foregoing power of atorney is in full Signed and sealed. Dated 13th _day of November 2024
Kansarm
This Power of Attorney expires
January 31, 2030 Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected]
MATERIAL AND LABOR BOND
MENIFEE,
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $_160,000.00 Parcel Map _PM37624, IP23-012 Water System $ Bond No. 800188654
Sewer System $ Premium $ 6,400.00
Total $ 160,000.00
Surety Atlantic Specialty Insurance Company Principal_Heritage Square Menifee, LLC Address 605 Highway 169 North, Suite 800 Address 41391 Kalmia Street, Ste 300 City/State Plymouth, MN City/State Murrieta, California Zip code 55441 Zip. 92562
Phone 781-332-7000 Phone (951) 200-2367
WHEREAS, the City Council of the City of Menifee, State of California, and Heritage Square Menifee, 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 PM37624, IP23-012, 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 Hundred Sixty Thousand and no/100 _ Dollars, ($160,000.00) 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 bet forsaid and als 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.
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. November 13 _ 2024
NAME OF PRINCIPAL: Heritage Square Menifee, LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY_ Atlantic Specialty Insurance Company
AUTHORIZED SIGNATURE: Brook T. Smith, Attorney-in-Fact
Its 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
State of Kentucky Jefferson
County of
On_11/13/24 before me, - Susan Ritter, Notary Public
(insert name and title of the officer)
personally appeared • Brook T. 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 Kentucky that the foregoing paragraph is true and correct.
Susan Ritter
NOTARY PUBLIC
WITNESS my hand and official seal. STATE AT LARGE, KENTUCKY ID # KYNP46206
MY COMMISSION EXPIRES MARCH 4, 2026
Signature (Seal)
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Audria R. Ward, Barbara J. Benton, Brett Rosenhaus, Brian S. Turner, Brook T. Smith, Charles J. Nielson, David R. Hoover, Davor Mimica, Deborah S. Neichter, Denise Donelson, Devin J. Phillips, Donald P. Bramlage, Edward T. Ward, F. Danny Gann, James H.
Martin, James T. Smith, Jarrett Merlucci, Jason D. Cromwell, Jessica Pamela Reno, Joseph P. Nielson, Justin Vokus, Keith Nicholson, Kevin R. Wojtowicz, Laura D. Mosholder, Michelle D. Liwosz, Patricia Schmaltz, Raymond M. Hundley, Shawn Alan Burton, Tracey C. Brown, William O. Walker, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, ndertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compar s the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thoug manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
COLT INSULTAN
CORPORATE
SEAL
By
STATE OF MINNESOTA Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, t ne personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by m aly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and t gnature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Compan ALISON D. NASH-TROUT
NOTARY PUBLIC • MINNESOTA tombathat
My Commission Expires
January 31, 2030 Notary Public
1 re and has ned, Secreaked, and there sto set riNse are COMPANY, a New York Corporalion, do hereby certify that the foregoing power of atomy is in full Signed and sealed. Dated_|3tn _day or November 2024.
This Power of Attorney expires
January 31, 2030 Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected]