CITY OF
FAITHFUL PERFORMANCE BOND
MEN FEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Tract Map. 36658-1
Landscape $ 365,500 Other Project Ref. IP22-059L
Water System $ Bond No. 0264055
Total $ 365,500 Premium $1,371
Surety Berkley Insurance Company Principal _Pulte Home Company, LLC Address 475 Steamboat Rd Address 27401 Los Altos, Suite 400 City/State Greenwich, CT City/State Mission Viejo, CA
Zip code 06830 Zip 92691
Phone 203-542-3800 Phone 949-330-8544
WHEREAS, the City Council of the City of Menifee, State of California, and Pulte Home Company, 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 TM36658-1, 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 Berkley Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Sixty-Five Thousand Five Hundred 00/100 Dollars, ($365,500.00) 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 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 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 agreement(s).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 23, 2024.
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):
SEE ATTACHED
By:
Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkley Insurance Company
AUTHORIZED SIGNATURE:
Jeremy Polk, Its Attoney in Fact Title
IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
235° day of October
executed this _ 2024.
Pulte Home Company, LLC
PRINCIPAL
polan
Notary Attached
NOTARY ACKNOWLEDGEMENT
STATE OF GEORGIA)
) sS.
COUNTY OF FULTON)
This record was acknowledged before me on October 235€ _2024, appeared oregory s. kire.
-Assistant Treasurer
pute home Company, LLO _ who provided to me on the
basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
SHIRLEY E HUTCHINS
Signature of Notary Public Notary Public - State of Georgia Fulton County
My Commission Expires Jul 14, 2026
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: July 14, 2026
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 10/23/2024 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
(Seal)
MATTHEW STANTON ERRA
JOTARY PUBLIC - ARIZONA Notary Signature
MARICOPA COUNTY
COMMISSION # 622269
MY COMMISSION EXPIRES Matthew Stanton Erra
MARCH 09, 2026
Commission Expires March 9*, 2026
No. BI-7991h-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delawarc, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jeremy Polk or Matthew Erra of UST Insurance Services, LLC of Phoenix, AZ its truc and lawful Attorney-in-Fact, to sign its name as surety only as delicated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorncy revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12th day of _.
Attest: Berkley Insurance Company
INSURANCE
ORPORAT,
COMPANY By By
SEAL Ira S. Lederman
OF LAWARE Executive Vice President & Secretary Vice President
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD
Sworn to before me, a Notary Public in the State of Connecticut, this 12th day of April 2023 → by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and respectively, of Berkley Insurance Company. MARICRUPORAKEN NOTARY PURI IC
CONNECTICUT
MY COMMISSION ExPIRES
APHIL 30, 2024 Notary Public, State of Connecticut
CERTIFICATE
1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attomey; that said Power of Attorey has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth thereia, who executed the bond or undertaking to which this Power of At BANGS afrached, is in full force and effect as of this date. parden epunder uny hand and sealiof the Company, this 23rd day of October 2024 SEAL
1978
DELAWARE
Vincent P. Forte
CITY ON
MENIFEE. MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Tract Map 36658-1
Landscape $ 182,750 Other Project Ref. IP22-059L
Water System $. Bond No. 0264055
Total $ 182,750 Premium • $included w/ perf bond
Surety Berkley Insurance Company Principal _Pulte Home Company, LLC Address 475 Steamboat Rd Address 27401 Los Altos, Suite 400 City/State Greenwich, CT City/State Mission Viejo, CA
Zip code 06830 Lip - 92691
Phone 203-542-3800 Phone 949-330-8544
WHEREAS, the City Council of the City of Menifee, State of California, and Pulte Home Company, 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 IM36658-1, 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 One Hundred Eighty-Two Thousand Seven Hundred Fifty 00/100 Dollars, ($182,750.00) 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.
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 October 23, 2024.
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):
By: SEE ATTACHED
Name: Gregory S. Rives
Title: Assistant Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkley Insurance Company
AUTHORIZED SIGNATURE:
Jeremy Polk, Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
23% October
executed this day of _ _, 2024.
Pulte Home Company, LLC
PRINCIPAL
BY: Gregory S. Rives, Assistant I reasurer
Notary Attached
NOTARY ACKNOWLEDGEMENT
STATE OF GEORGIA)
) SS.
COUNTY OF FULTON)
This record was acknowledged before me on October 231% _2024, appeared Rives as Assistant Treasurer
Pute Home gompany, LEC
of → who provided to me on the
basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
SHIRLEY E HUTCHINS
Signature of Notary Public Notary Public - State of Georgia Fulton County
My Commission Expires Jul 14, 2026
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: July 14, 2026
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 10/23/2024 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
M.HR
(Seal)
MATTHEW STANTON ERRA
NOTARY PUBLIC • ARIZONA Notary Signature
MARICOPA COUNTY
COMMISSION # 622269
MY COMMISSION EXPIRES Matthew Stanton Erra
MARCH 09, 2026
Commission Expires March gi, 2026
No. BI-7991h-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jeremy Polk or Matthew Erra of UST Insurance Services, LLC of Phoenix, AZ its true and lawful Attorney-in-Fact, to sign its name as surety only as delicated below and to executc, scal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delawarc. without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25. 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other surelyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12th day of
Attest: Berkley Insurance Company
INSURANCE
ORPORAT"
By By asth
SEAI IraS. Lederman
1975 Jeffry M. Hafter
OFLAWARE Executive Vice President & Secretary Senior Vice President
STATE OF CONNECTICUT)
) SS:
COUNTY OF FAIRFIELD
Sworn to before me, a Notary Public in the State of Connecticut, this 12th day of April 2023, by Ira S. Lederman ad Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice Presiden respectively, of Berkley Insurance Company. MARIAC RUMPBAKEN Maria C. Rudbaker
CONNECTICUT
MY COMMISSION EXPIRES
APRIL 30, 2024 Notary Public, State of Connecticut
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the oniginal Power of Attorney; that said Power of Attomey has not been revoked or rescinded and that the authority of the Anurky in-Fact set forth therein, who executed the bond or undertaking to which this Power of AttoRN artached, is in full force and effect as of this date.
SarRen under my hand and seal of the Company, this 23rd day of October 1975 ин
DELAWARE
Vincent P. Forte