FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 2.040,500.00 Tract Map 364g4
Water System $ 448.500.00 Other proj. Ref. tplg-056
Rec. Water System $ 124.000.00 Bond No. 1001120669 / TCSo171963 Sewer System 371.00 .00 Premium $11.936.00
Total $ 2,984,000.00
Surety U.S. Specialty lnsurance Company Principal Sutter Mitland 01. LLC Address 801 South F toU . Suite 700 Address 3200 Park Cente r Drive. Suite City/State Los Anoeles. City/State Costa [Vlesa
Zip code 9001 7 Zip I 2626
Phone 310-649-0990 Phone 014 427-6868
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TM 36484 / lP18-056 , which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW THEREFORE, we the principal and U.S. Specialtv lnsurance Companv, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Nine Hundred Eiqhtv Four Thousand and no/100, Dollars, $ 2.984.000.00 laMul 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 agreement 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; othenruise, 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 in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under 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.
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 agreement 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(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Auoust 0th 2020
NATVIE OF PRINCIPAL Sutter l/itland. 01 LLC
AUTHORTZED StcNATURE(S)
By: 3
<-
(lF coRPoRATtON, AFFTX SEAL)
Name:
Title:
NAME OF SURETY: U.S. Soecialtv lnsu nce Companv
AUTHORIZED SIGNATURE:
ily, lts Title
(lF coRPoRATtON, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT.
Jul
Op.
L--rr
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
SS.
COLINTY OF C)ranse
on "*"v.q<r,rSts
2t{ 2020, before
-,
N"t"E Prblic, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(slwhose name(s) is/arcsubscribed to the within instrument and acknowledged to me that he/sHtfrey/executed the same in his/he#+hck authorized capacity(iesland that by his/herlthe# signature(slon the instrument the person(s), or the entity upon behalf of which the person(+) acted, executed the instrument.
I certifu 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.
MEAGAN KNECHT
NOT,
MY
JUNE 29.
)
)
)
coMM. * 2294992
ORANGE COUNTY
EXPIRES
FOR: Streets / Drainage
Water System
Rec. Water System
Sewer System
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
1,020,250.00 Parcel Map 36484
224.2 0.00 Other Proj. Ref tP18-056
$ 62. .00 Bond No. 100 11 20669 / TCSo171963
185,500.00 Premium lncluded with Performance Bond
Total $ 1,492,000.00
Surety U.S. Specialty lnsurance Company Principat Sutter Mitland 01. LLC Address 801 South F roa. Suite 700 Address 32OO Pa Center Drive. Suiterk City/State Los Anoeles. City/State Costa Mesa.
Zip code 90017 zip 92626
Phone 310-649-099 0 Phone (7 14 ) 427-68
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01. LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR 36484 / lP18-056 , which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, 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 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW THEREFORE, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performa nce of said Civil Code in the sum of One Million Four Hundred Ninetv Thousand and no/100, Dollars, $ 1.492.000.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance 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 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 entitles to full claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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; othenruise, it shall be and remain in full force and effect. s
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement 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 WH
above named, on
EREOF, this instrument has been du
Auoust 20th
ly executed by the principal and surety
2 AUTHORIZED SIGNATU RE(S):
NAME OF PRINCIPAL
NAME OF SURETY:
Sutter Mitland. 01 LLC
By: <-- L(/'-
Name
Title:
(tF coRPoRAT|ON, AFFTX SEAL)
AUTHORIZED SIGNATURE:
, lts Atto act Title
(tF coRPoRATtON, AFFTX SEAL)
ATTAGH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN-FACT.
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
SS.
COUNTY OF Oranse
On h,wsv24 )020, before me,
-,
N otF,y n, u I i 6, p e rs o n a I I y appeared
who proved to me on the basis of satisfactory evidence to be the person(slwhose name(e)- is/are subscribed to the within instrument and acknowledged to me that he/sHtlrqr/executed the same in his/ht#their authorized capacity(iesland that by his/he#their'signature(slon the instrument the person(sf or the entity upon behalf of which the person(slacted, executed the instrument.
I certifu 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.
MEAGAN KNECHT
)
)
)
NOTAHY PUBLIC-CALIFORNIAZ N
MY COMMISSION EXPIBES
JUNE 29,2023
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF Connecticut
COUNTY OF Hartford
Bai proved to me o
me. Tvter Undercuffter a notary public, personatty appeared n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that be his/her/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed this instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Connecticut that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
of Notary Pubtic)
TOKIOMARINE
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SUREW COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors lndemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Conlractors lndemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty lnsurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint:
Julie Baily, Matthew J. Beemeart, Jason Hilby, Brian J. Steele or Tyler Undercuffer of Farmington, Connecticut its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include rider€, amendments, and consents of surety, providing the bond penalty does not exceed *"***Seventy Five Million****** Dollars ( "'75,000.000.00**. ).ThisPowerofAttomeyshall expirewithoutfurtheractiononApril 23td,2022.This Powerof Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Aftorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and alt notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. lN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1"tday ofJune, 2018.
AMER]CAN CONTRACTORS INDEMNITY COMPA}{Y TEXAS BONDIilG OMPAT{Y
UNITED COMPANY
State of California
County of Los Angeles -r-:F-By:
Daniel P. Aguilar, Vice President
On this 1"t day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
sisnature@ (seat)
l, Kio Lo, Assistant Secretary V American Contractors
i4flLx
ffi
lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company, do hereby certify that the above and foregoing is a true and conect copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. 2t, 20u
affixed the seals of said Companies at Los Angeles, California this Secretary
Whe I have reunto set
ay
Coroorate Seals A
Bond No lbllrua(bq
A Notary Public or other officer the individual who signed the document toof of
cefiificate veifies theonly
orwhich this certificate is
Agency No. 90'16
visit tmhcc.com/surety for more infornraticn
Kio Lo,
HCCSMANPOAO62Ol 8
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