Cities Index.
Bond - Improvements

Menifee City Council
April 16, 2025

Document
Bond - Improvements
Meeting
April 16, 2025
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Menifee City Council
Original file
647 KB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

CITY OF

FAITHFUL PERFORMANCE BOND

MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 1,342,000.00 Tract Map 37409-1 Riv. Co. Flood Control $ 0.00 Other Project Ref.

Water System 230,000.00 Bond No. SPA150818_036
Rec. Water $ 0.00 Premium $4,136.00 / annum
Sewer System $ 266,000.00
Total $ 1,838,000.00
Surety SiriusPoint America Insurance Company Principal Lennar Homes of California, LLC Address One World Trade Center, Suite 47J Address 4140 Temescal Canyon Rd. Suite 410 City/State New York, NY City/State Corona, CA
Zip code 10007 Zip 92883
Phone (212) 312-2500 Phone _(951) 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 - 37409-1, 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);
SiriusPoint America
NOW, THEREFORE, we the principal and Insurance Company _ as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Eight Hundred Thirty- Eight Thousand and No/100 Dollars, ($1,838,000.00) 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
ORY OF
MENIFEE.

The surety hereby stipulates and agrees that no change, extension of time, alteration or iddition 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, an 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 January 31 , 2025
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: SiriusPoint America Insurance Company
AUTHORIZED SIGNATURE: Saura E. Suddate
Its Attorney-in-Fact Title
Laura E. Sudduth
(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 Kiversid
02/03/2025 before me Kim Strutton, Notary Public
On
(insert name and title of the officer)
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
K Strutt
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
Notary Seal
(Notary Public)
My commission expires:

State of Texas
County of SS:

Harris
therein, duly commissioned and sworn, personally appeared before me, a Notary Public in and for said County and State, residing Laura E. Sudduth
known to me to be Attorney-in-Fact of _
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.

Anando R Vurman-Anina
My Commission Expires January 25, 2026
Amanda R Turman-Avina Notary Public

MANDA R TURMAN-AVIN
otary ID #12404865
My Comary 3, Expires
OF
POWER OF ATTORNEY MARTEX01_0323

SIRIUSPOINT AMERICA INSURANCE COMPANY

NEW YORK
KNOW ALL MEN BY THESE PRESENTS: That SiriusPoint America Insurance Company (the "Company"), a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the Board of the Directors of the Company, to wit:

RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or the is hereby authorized to execute Powers of Attorney appointing as attorneys-in-fact selected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as co-surety.

Does hereby nominate, constitute and appoint:

Jessica Richmond, Barbara Norton, Jennie Goonie, Laura E. Sudduth, Amanda R Turman-Avina, Teuta Luri, Mario Arzamendi, Mary Ann Garcia, Misty Witt, Stephanie Gross, Cristina Nino, Madison K. Diaz, Gicelle Pajon Its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$62,687,000 single bond limit
All acts of said attorneys-in-fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her.

The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in New York, New York, in their own proper persons.

IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed by its President this tenth day of October, 2024. TWINSURE, SiriusPoint America Insurance Company

CA INSURAN

ORPORAT
SEAL
1979
State of New York Paul Mihulka
County of New York President
On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.

Susan Sacock

SUSAN HISCOCK
Notary Public - State of New York
NO. 01HI6444797 / Notary Public
Qualified in Richmond County
My Commission Expires Dec 5, 2026 My Commission expires sec. 9,2026 STATE OF New York
COUNTY OF New York
1, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 3ist day ci January , 20 25 INT
1979 Paul Mihulka
NEW YOR President
CITY Of

MENIFEE MATERIAL AND LABOR BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 1,342,000.00 Tract Map 37409-1 Riv. Co. Flood Control $ 0.00 Other Project Ref.

Water System $ 230,000.00 Bond No. SPA150818_036
Rec. Water $ 0.00 Premium included in Performance Bond
Sewer System 266.000.00
Total $ 1,838,000.00
Surety SiriusPoint America Insurance Company Principal Lennar Homes of California, LLC Address One World Trade Center, Suite 47J Address 4140 Temescal Canyon Rd., Suite 410 City/State New York, NY City/State Corona, CA
Zip code 10007 Zip 92883
Phone (212) 312-2500 Phone (951) 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 TM37409-1, 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 Million Eight Hundred Thirty-Eight Thousand and No/100 Dollars, ($1,838,000.00) 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.

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 January 31 2025
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: SiriusPoint America Insurance Company
AUTHORIZED SIGNATURE: Jaura 4. Suddutte
Its Attorney-in-Fact Title
Laura E. Sudduth
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.

ACKNOWLEDGMENT
A notary public or other officer completing this
ertiticate verifies only the identity of the individu:
ho sianed the document to which this certificate
attached, and not the truthfulness, accuracy, or
State of California
County of Reside
08/03/2025 beforeme, Kim Strutton, Notary Public
On_
(insert name and title of the officer)
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.

KIM STRUTTON
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2405490
My Comm. Expires May 24, 2026
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
Notary Seal
(Notary Public)
My commission expires:

State of Texas
SS:

County of Harris
January 31, 2025 _ 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 _ SiriusPoint America 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 R Unrak-Anina
My Commission Expires
Amanda R Turman-Avina Notary Public

AMANDA R TURMAN-AVINA
Notary ID #124048654
, Commission Expir
nuary 25. 20
POWER OF ATTORNEY MARTEX01_0323

SIRIUSPOINT AMERICA INSURANCE COMPANY

NEW YORK
KNOW ALL MEN BY THESE PRESENTS: That SiriusPoint America Insurance Company (the "Company"), a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adopted on August 27,2024 by Unanimous Written Consent of the Board of the Directors of the Company, to wit:

Secretary or the Assista
s hereby authorized to execute Powers of Attorney appointing as attorneys-in-fact selected employees of certain surety companie who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as co-surety.

Does hereby nominate, constitute and appoint:

Jessica Richmond, Barbara Norton, Jennie Goonie, Laura E. Sudduth, Amanda R Turman-Avina, Teuta Luri, Mario Arzamendi, Mary Ann Garcia, Misty Witt, Stephanie Gross, Cristina Nino, Madison K. Diaz, Gicelle Pajon Its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) and to bind the Company thereby as fully and to the same extent as of same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

All acts of said attorneys-in-fact pursuant to the authorities herein given are hereby ratified and confirmed. The President, Senior Vice President, Chief Financial Officer, Secretary or Assistant Secretary may from time to time and at any time remove such appointee and remove the power given to him or her.

The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of these present, shall be binding under said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in New York, New York, in their own proper persons.

IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed by its President this tenth day of October, 2024. SiriusPoint America Insurance Company

MATCA INSURAN

TORPORAR
SEAL
1979
NEW YOR Paul Mihulka
State of New York
County of New York President
On this tenth day of October 2024, before me a Notary Public of the State of New York, in and for the County of New York, duly commissioned and qualified, came Paul Mihulka, President, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding instrument is now in force.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.

Susan Sacock

SUSAN HISCOCK
Notary Public - State of New York
NO. 01HI6444797 / Notary Public
My Comision Expires De S. 2026 My Commission expires Dec. J, 2026 STATE OF New York
COUNTY OF New York
1, Paul Mihulka, President of SiriusPoint America Insurance Company, a New York corporation, do hereby certify that the above and foregoing i? a full, true and correct copy of Power of Attorney, is still in full force and effect and has not been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 31st day of January ,20 25 SEAL
1979 Paul Mihulka
NEW YoR President

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