THIS BOND IS ISSUED IN TRIPLICATE
MENIFEE::
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $_1,352.500.00 Tract Map 37161
Water System 254.500.00 Other Proj. Ref. _IP17-004S
Sewer System $ 201.500.00 Bond No. 47-SUR-300001-01-0035 Total $ 1,808,500.00 Premium $ 6.782.00
Berkshire Hathaway
Surety Specialty Insurance Company Principal Pulte Home Co. LLC Address 100 Federal Street, 20th Floor Address 27101 Puerta Real, Suite 300 City/State Boston, MA City/State Mission Viejo, CA
Zip code 02110 Zip_ 92691
Phone 312-702-2823 Phone (949) 330-8536
WHEREAS, the City of Menifee, State of California, and Pulte Home Co. 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 TM 37161 / IP17-004S, 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);
NOW, THEREFORE, we the principal and Berkshire Hathaway Specialty Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Eight Hundred Eight Thousand Five Hundred and no/100 Dollars, $1,808,500.00 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. 9/8/15
FAITHFUL PERFORMANCE BOND
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, 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 12 2017
NAME OF PRINCIPAL: Putle Home Co., LLC
AUTHORIZED SIGNATURE(S):
Lem
By:
Name: D. Bryce Langen
Title: VP & Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkshire Hathaway Specialty Insurance Company AUTHORIZED SIGNATURE: Nel lile
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
9/8/15
47-SUR-300001-01-0035
Berkshire Hathaway
Specialty Insurance
Power Of Attorney
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appaint: Bonnie Kruse, Stephen T. Kazmer, Kelly A. Gardner, Mary Beth Graff, Dawn L. Morgan, James I. Moore, 1411 Opus Place, Suite 450 of the city of Downers Grove, State of Illinois, their true and lawful attorneys)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bands, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof.
In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of November 18, 2014. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively.
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, our 24 hour number at (855) 453-9675 or mail Berkshire Hathaway Specialty Insurance, 500 Northpark Town Center, FOR CLAIM NOTIFICATION please send via email at [email protected], via fax to (617) 507-8259, contact
INSURANCE COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY,
DAL DAL
By: By:
David Fields, Executive Vice President David Fields, Vice President SURETY 1100 Abernathy Road, N.E., Suite 1200, Atlanta, GA 30328.
CORRECTES SEAL
NOTARY
State of Massachusetts, County of Suffolk, ss:
On this 18th day of November, 2014 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies.
[Notary Seal]
SOUTERE
MOURY PUBLIC. Notary Public
I, Brennan Neville, the undersigned, Assistant Secretary of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by sald Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto affixed the seals of said companies this date of October 12, 2017.
Buen s Nelle
SURETY Assistant Secretary
SEAL
BHSIC, NICO & NLF POA (2014)
State of Illinois }
} ss.
County of DuPage }
On October 12, 2017, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of within and foregoing instrument, and known to me to be the person who executed the said instrument in Berkshire Hathaway Specialty Insurance Company the corporation described in and that executed the 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 3/13/20
Mardner
OFFICIAL SEAL
Kelly A. Gardner, Notary Public
KELLY A. GARDNER
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires May 13, 2020
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
)SS.
COUNTY OF FULTON)
This record was acknowledged before me on October 12, 2017, by D. Bryce Langen, VP & Treasurer, of Pulte Home Company, LLC, 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
Fulton County
Signature of Notary Public State of Georgia
My Commission Expires Aor 17. 2013
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
CITT OF
THIS BOND IS ISSUED IN TRIPLICATE
-MENIFER.
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage 676.250.00 Parcel Map 37161
Water System $ 127.250.00 Other Proj. Ref. IP17-004S
Sewer System $ 100,750.00 Bond No. 47-SUR-300001-01-0035 Total $ 904,250.00 Premium $ Included in performance bond Berkshire Hathaway
Surety_Specialty Insurance Company Principal Pulte Home Co. LLC Address 100 Federal Street, 20th Floor Address 27101 Puerta Real, Suite 300 City/State_Boston, MA City/State Mission Viejo, CA
Zip_02110 Lip _ 92691
Phone 312-702-2823 Phone (949) 330-8536
WHEREAS, the City of Menifee, State of Califoria, and Pulte Home Co. 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 TR 37161, 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 Four Thousand Two Hundred Fifty and no/100, Dollars, $ 904,250.00 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. 9/8/15
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.
above named, on _
NAME OF PRINCIPAL: Pulte Home Co:, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: D. Bryce Langen
Title: VP & Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkshire Hathaway Specialty Insurance Company AUTHORIZED SIGNATURE:
Its Attorney-in-Fact Title
James V Moore
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
9/8/15
47-SUR-300001-01-0035
Berkshire Hachaway
Specialty Insurance
Power Of Attorney
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Bonnie Kruse, Stephen T. Kazmer, Kelly A. Gardner, Mary Beth Graff, Dawn L. Morgan, James I. Moore, 1411 Opus Place, Suite 450 of the city of Downers Grove, State of Illinois, their true and lawful attorneys)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof.
In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of November 18, 2014. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively.
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, FOR CLAIM NOTIFICATION please send via email at [email protected], via fax to (617) 507-8259, contact our 24 hour number at (855) 453-9675 or mail Berkshire Hathaway Specialty Insurance, 500 Northpark Town Center,
INSURANCE COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, AL
By: By:
David Fields, Executive Vice President David Fields, Vice President
MADEMNIS
SURETY 1100 Abernathy Road, N.E., Suite 1200, Atlanta, GA 30328.
SEAL
SEAL SEAL
NOTARY
State of Massachusetts, County of Suffolk, s5:
On this 18th day of November, 2014 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies.
[Notary Seal]
2A 3 Vith sata
Notary Public
MOJARY PUBLIC
1, Brennan Neville, the undersigned, Assistant Secretary of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto affixed the seals of said companies this date of October 12, 2012.
Buen s Nelli
COR FRETY
SURETY Assistant Secretary
SEAT
BHSIC, NICO & NLF POA (2014)
State of Illinois
} ss.
County of DuPage }
On October 12, 2017, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney-in-Fact of Berkshire Hathaway Specialty 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 Cammission Expires 5/13/20
tune
OFFICIAL SEAL
Kelly A. Gardner, Notary Public KELLY A. GARDNER
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires May 13, 2020