CITY OF
THIS BOND IS ISSUED IN IRIPLICATE ORIGINALS
MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 1,256,500.00 Tract Map 28206 Water System $ 405,000.00 Bond No. 268013035
Sewer System $ 303,000.00
Total $ 1,964,500.00 Pulte Home Company, LIO
Liberty Mutua. rincipal a Michigan limited Liability company Surety Insurance Company
Address 2815 Forbs Ave., Suite 102 Address 27401 Los Altos, Suite 400 City/State Hoffman Estates IL City/State Mission Viejo, CA Zip code 60192 Zip 92691
Phone 847-396-7132 Phone (949) 330-8536
Pulte Home Company, LLC
WHEREAS, the City of Menifee, State of California, and a Michigan limited liability company (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 Tract 28206, which agreements) 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);
Liberty Mutual
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 Nine Hundred Sixty Four Thousand Five Hundred and no/100, Dollars, $ 1,964,500.00 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 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; 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 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 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, anc 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 17
NAME OF PRINCIPAL: Pulte Home Company, LIC, a Michigan limited liability company AUTHORIZED SIGNATURE(S):
By:
Name: D. Bryce Langen
Title: VP & Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE:
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. • This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 8146057
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, KellyMarie Conlon; Kim Hill; Ross Irwin; D. Bryce Langen; Jean Marusak; Brien O'Meara; James Ossowski; Ellen Padesky Maturen; Gregory S. Rives:
Kelly Yoakam; James Zeumer
all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of July. 2018
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
1919 1912 1991
NEST West American Insurance Company
By:
David M. Carey, Assistant Secretary
guarantees. STATE OF PENNSYLVANIA SS
COUNTY OF MONTGOMERY
On this 6th _day of July 2018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. loan, letter of credit, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
PAs. COMMONWEALTH OF PENNSYLVANIA
or residual value Pastella
Notarial Seal
By: of this Power of Attorney call
Toresa Pasteila, Notary Public
Upper Merion Twp., Montgomery County Teresa Pastella, Notary Public 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
My Commission Expires March 28, 2021
Member, Pennsylvania Associalion of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in fuil force and effect reading as follows:
ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, Not valid for mortgage, note, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective validity
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their To confirm the respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17 day of _ October - 20
URAN
кай (Якл
1919 1912 199! By:
Renee C. Llewelyn, Assistant Secretary
240 of 300
LMS 12873 022017
ACKNOWLEDGEMENT BY SURETY
STATE OF GEORGIA)
) ss.
COUNTY OF FULTON)
This record was acknowledged before me on October 17, 2019, Gregory S. Rives, as Attorney-in-Fact of Liberty Mutual Insurance Company, 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 and official seal.
SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 18. 2022
Silly EDitchins
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) ss.
COUNTY OF FULTON)
This record was acknowledged before me on October 17, 2019, D.
Bryce Langen, . VP & Treasurer of Pulte Home company, LLC, a Michigan limited liability company, 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
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 18, 2022
Shit etchurs
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
CITY ON
MENIFER
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $_628,250.00 Tract Map 28206
Water System $ 202,500.00 Bond No. 268013035
Sewer System $. 151,500.00
Total $ 982,250.00
Mutua.
Surety Insurance Company
Address 2815 Forbs Ave., Suite 102 Address 27401 Los Altos, Suite 400 City/State_Hoffman Estates IL City/State Mission Viejo, CA -
Zip 60192 Zip_ 92691
Phone_847-396-7132 Phone (949) 330-8536
Pulte Home Company, LLC, a Michigan
WHEREAS, the City of Menifee, State of California, and imited liability co Relinafter 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 Tract 28206, which agreements) 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 performance of said Civil Code in the sum of Nine Hundred Eighty Two Thousand Two Hundred Fifty and no/100, Dollars, $ 982,250.00 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 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; 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 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 WHEREOF, this instrument has been duly executed by the principal and surety above named, on 2019
NAME OF PRINCIPAL: Pulte Home Company, ILC, a Michigan limited liability company AUTHORIZED SIGNATURE(S):
By: lem-
Name: D. Bryce Langen
Title: VP & Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURET Le must Been coes
AUTHORIZED SIGNATURE:
Crosome intact Title
Rives
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 8146060
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, KellyMarie Conlon; Kim Hill; Ross Irwin; D. Bryce Langen; Jean Marusak; Brien O'Meara; James Ossowski; Ellen Padesky Maturen; Gregory S. Rives; Kelly Yoakam; James Zeumer
all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this. 6th _ day of July 2018
INSURANCE The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
1919 1912 1991
West American Insurance Company
By:
STATE OF PENNSYLVANIA David M. Carey, Assistant Secretary sS
COUNTY OF MONTGOMERY
On this 6th day of July 2018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. interest rate or residual value guarantees. COMMONWEALTH OF PENNSYLVANIA Pastella Power of Attorney call Notarial Seal
Teresa Pasteila, Notary Public By:
Upper Merion Twp., Montgomery County Teresa Pastella, Notary Public 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
My Commission Expires March 28, 2021
NOTARY PUBLE Member, Pennsylvania Association of Notaries Not valid for mortgage, note, loan, letter of credit, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual this Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject of to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so rate, executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. confirm the validi
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, currency and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and altested by the secretary.
To
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
14 а
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of _, 20. ем Яняк
1919 1912 1991 By:
Renee C. Llewairy 1. Assistant Secretary
243 of 300
LMS 12873022017
ACKNOWLEDGEMENT BY SURETY
STATE OF GEORGIA)
) ss.
COUNTY OF FULTON)
This record was acknowledged before me on October 17, 2019, Gregory S. Rives, as Attorney-in-Fact of Liberty Mutual Insurance Company, 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 and official seal.
SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fulton County
1 My Commission Expires Mar 18, 2022
Shite, suchino
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) ss.
COUNTY OF FULTON)
This record was acknowledged before me on October 17, 2019, D.
Bryce Langen, VP & Treasurer of Pulte Home company, LLC, a Michigan limited liability company, 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
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 18. 2022
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022