CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $_4.932,500.00 Tract Map 37668 Riv. Co. Flood Control $ Other Proj. Ref.
Water System $ Bond No. 7901078260
Rec. Water $ Premium $ 16,031.00
Sewer System $
Total $_4,932,500.00
Surety Nationwide Mutual Insurance Company Principal Meritage Homes of California, Inc.
Address 7 World Trade Center, 37" Floor Address 5 Peters Canyon Road, Suite 310 City/State New York, NY City/State _ Irvine, CA
Zip 10007 Zip 92606
Phone 630-468-5600 Phone (949) 299-3848
WHEREAS, the City Council of the City of Menifee, State of California, and Meritage Homes of California, Inc. (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 37668, which agreements), dated September 22, 2021, 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 Nationwide Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Four Million Nine Hundred Thirty Two Thousand Five Hundred, Dollars, ($4,932,500.00) 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 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 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 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 September 27, 2021.
NAME OF PRINCIPAL: Meritage Homes of California, Inc.
AUTHORIZED SIGNATURE(S):
By:
UP National Laned Development
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Nationwide Mutual Insurance Company
AUTHORIZED SIGNATURE:
James 1. Moore, Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
STATE OF ARIZONA
COUNTY OF MARICOPA §
On this day, September 28, 2021, before me, Jennie Perez, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Glen A.
Tulk, Senior Vice President - National Land of Meritage Homes Construction, Inc., an Arizona corporation, the company described herein, who both executed the foregoing instrument and are known to me to be the person who executed the said instrument on behalf of the said company, and who duly acknowledged to me that such company executed same.
WITNESS my hand and official seal. JENNIE PEREZ
Notary Public - Arizona
Maricopa County
Commission # 595392
My Comm. Expires Feb 3, 2025
super
My Commission Expires: February 3, 2025
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
JAMES I MOORE, STEPHEN T KAZMER, DAWN L MORGAN, MELISSA SCHMIDT, AMY WICKETT, KELLY A GARDNER,
JENNIFER J MCCOMB, TARIESE M PISCIOTTO, DIANE M RUBRIGHT, MARTIN MOSS each in their individual capacity, its true and lawful attorney-in-fact, with fuil power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly aulhorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company. and to authorize them to execule and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require: and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 27" day of February, 2019 Antonio G. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF NEW YORK: ss
On this 27 day of February, 2019, before me came the above-named officer for the Company • SEAL aforesaid, to me personally known to be the officer described In and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes PILAUS, BE and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
Suzanne C. Delic
Notary Public, State of New York
No. 02DE6126649
sugarm cheeler
Qualified in Wesichester County
Commission Expires Seplember 16, 2021
My Commission Expires
September 16, 2021
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 27th day of Sentember
Паша B. Guy
Assistant Secretary
BDJ 1(02-19:00
State of Illinois
} ss.
County of DuPage }
On September 27, 2021, before me, Sinem Nava, 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
Nationwide Mutual 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 August 28, 2025
Sirene Nava
OFFICIAL SEAL
Sinem Nava, Notary Public SINEM NAVA
1. Can son Expres ug. 2, 025.
Commission No. 859777
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $2,466,250.00 Tract/Parcel Map _37668 Water System $ Bond No. 7901078260
Sewer System $ Premium Included in Performance Bond
Surety Nationwide Mutual Insurance Company Principal Meritage Homes of California, Inc.
Address 7 World Trade Center, 37"h Floor Address 5 Peters Canyon Road, Suite 310 City/State New York, NY - City/State Irvine, CA
Zip 10007 Zip_92606
Phone 630-468-5600 Phone (949) 299-3848
WHEREAS, the City Council of the City of Menifee, State of California, and Meritage Homes of California, Inc., (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 37668, which agreements), dated September 22, 2021, 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 Four Hundred Sixty Six Thousand Two Hundred Fifty Dollars, ($2,466,250.00) 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 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. 10/26/20
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 September 21, 2021.
NAME OF PRINCIPAL: _ Meritage Homes of California, Inc.
AUTHORIZED SIGNATURE(S):
Till
By:
Name: Glet
UP Netianal Land Develophent
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Nationwide Mutual Insurance Company
AUTHORIZED SIGNATURE: Pares more Anomay in Fast
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
STATE OF ARIZONA
COUNTY OF MARICOPA §
On this day, September 28, 2021, before me, Jennie Perez, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Glen A.
Tulk, Senior Vice President - National Land of Meritage Homes Construction, Inc., an Arizona corporation, the company described herein, who both executed the foregoing instrument and are known to me to be the person who executed the said instrument on behalf of the said company, and who duly acknowledged to me that such company executed same.
WITNESS my hand and official seal.
Notary Public - Arizona
Maricopa County
Commission # 595392
upung My Comm. Expires Feb 3, 2025
My Commission Expires: February 3, 2025
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
JAMES I MOORE, STEPHEN T KAZMER, DAWN L MORGAN, MELISSA SCHMIDT, AMY WICKETT, KELLY A GARDNER,
JENNIFER J MCCOMB, TARIESE M PISCIOTTO, DIANE M RUBRIGHT, MARTIN MOSS each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limilations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shail have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 27" day of February. 2019 Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF NEW YORK: ss
On this 27 day of February, 2019, before me came the above-named officer for the Company SEAL aforesaid, to me personally known to be the officer described In and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
Suzanne C. Delio
Nolary Public, State of New York
No. 020E6126649
Qualilled in Westchester County
Commission Expires Seplember 16, 2021| Notary Public
My Commission Expres
Sentemher 16 2021
CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued / the Company; that the resolution included therein is a true and correct transcript from the minutes of the meelings of the boards of directors and the same hi ot been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly electi ofire rs hathe foregoing over of teney is hit in tul ture and cer were duly afted and subscribed to the sald instrument by the authority of said board IN WITNESS WHEREOF. I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 27th _ day of September 2021
Laura B. Guy
Assistant Secretary
BDJ 1(02-19,00
State of Illinois }
} ss.
County of DuPage }
On September 27, 2021, before me, Sinem Nava, 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
Nationwide Mutual 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 August 28, 2025
Sivan Nana * OFFICIAL SEAL
SINEM NAVA
Sinem Nava, Notary Public Notary Public • State of Illinois My Commission Expires Aug. 28, 2025
Commission No. 859777
-