CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 1,968,000.00 Tract Map 38346 Riv. Co. Flood Control $ 0.00 Other Project Ref. IP24-00 Water System $ 44,500.00 Bond No. SPA150818_03
Rec. Water $ 106,500.00 Premium $4,916.00 / annum
Sewer System $ 66,000.00
Total $ 2,185,000.00
Surety SiriusPoint America Insurance Company Principal Lennar Homes of California, LLC Address One World Trade Center, Suite 47J ddress 4140 Temescal Canyon Rd., Suite 41 City/State New York, NY itv/State Corona, C
Zip code 10007 Zip 92883
Phone (212) 312-2500 Phone_ (800) 509-4979
WHEREAS, the City Council of the City of Menifee, State of California, 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 TM38346, which agreements), dated 2/24/25, 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 Two Million One Hundred Eighty- Five Thousand and No/100 Dollars, ($2,185,000.00) 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 January 28 , 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
Amanda RUerman- Anina
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact
Amanda R Turman-Avina
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
A notary public or other officer completing this
ho signed the docum the to entic of tis individua
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Kiverside
on January 29, 2025 before me, Kim Strutton, Notary • Public (insert name and title of the officer)
personally appeared Geoffrey Smith
ho proved to me on the basis of satisfactory evidence to be the person(s) whose namels) 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
+ Struttr (Seal)
Signature
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 Harris SS:
January 28, 2025 _, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and swor, personally appeared Amanda R. Turman-Avina
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.
My Commission Expires June 15, 2026
golf
JENNIE GOONIE
hE Notary Public, State of Taxas
Comm. Expires 06-15-2026
Notary ID 125034504
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, President, Secretary or the
Secretary is hereby authorized to execute Powers of Attomey appointing as attorneys-in-fact selected employees of certain surety who shall have the power forand 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. SiriusPoint America Insurance Company
CORPORATE
SEAL
1979
USPO NEW YORK
State of New York
County of New York
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 Stacock
USAN HISCOCI
Notary Public - State of New Yori / Notary Public
NO. 01HI6444797
My Commission expires lec. 9, 2026
STATE OF New York
COUNTY OF New York
I, 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 28th day of January ,20 25
ORPORAR
SEAL
1979 Paul Mihulka
NEW YORK President
CITY OF
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 1,968,000.00 Tract Map 38346 Riv. Co. Flood Control $ 0.00 Other Project Ref. IP24-00 Water System 44,500.00 Bond No. SPA150818_03
Rec. Water 106,500.00 Premium SIncluded in Performance Bond Sewer System 66,000.00
Total $ 2,185,000.00
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.
Phone (212) 312-2500 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 _TM38346, which agreements), dated 2/24 25, 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 Two Million One Hundred Eighty-Five Thousand and No/100 Dollars, ($2,185,000.00) 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 tees, 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 taxec 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 28 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: Amenda RUlerman-Auină
Its Attorney-in-Fact Title
Amanda R Turman-Avina
(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 Calitornia
County of Kiverside.
on January 29, 2025 beforeme, Kim Strutton, Notary Public. (insert name and title of the officer)
Geoffray 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.
WITNESS my hand and official seal. KIM STRUTTON
Notary Public • California
Riverside County
Commission # 2405490
My Comm. Expires May 24. 2026
aK strutton (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
Notary Seal
(Notary Public)
My commission expires:
State of
County of _ SS:
January 28, 2025 _, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and si on, personally appeared Amanda R. Turman-Avina
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.
My Commission Expires June 15, 2026
Notary Public
JENNIE GOONIE
- Notary Public, State of Texas
Comm. Expires 06-15-2026
Notary ID 125034504
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:
the Assistant
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 attorey-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. SiriusPoint America Insurance Company
CORPORATE
SEAL
1979
NEW YOR
State of New York aul Mihulk
SIS
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 Stacock
SUSAN HISCOCI
Notary Public - State of New Yor
NO. 01HI6444797 / Notary Public
ualified in Richmond Count
My Commission Expires Dec 5, 202 My Commission expires ec. 9, 2026 STATE OF New York
COUNTY OF New York
I, 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 28th day of January ,20 25 Paul Mihulka
NASDAIS. NEW YoRk President