McCall Mesa
MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 9,810,500.00 Tract Map 31098
Water System $ 931,500.00 Other Proj. Ref.
Rec. Water System 486,500.00 Bond No.
Sewer System $ 1,141,500.00 Premium $ 37,110.00/annum
Total $ 12,370,000.00
Surety The Continental Insurance Company Principal Lennar Homes of California Inc.
Address 151 N. Franklin Street Address 980 Montecito Dr. Suite 302 City/State Chicago, IL City/State Corona, CA
Zip code 60606 Zip 92879
Phone 312) 822-5000 Phone (951)817-3500
WHEREAS, the City of Menifee, State of California, and_Lennar 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 TM IP19-006 IP19-006, 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 The Continental Insurance Company _ as surety, are held and firmly bound unto the City of Menifee in the penal sum of Twelve Million Three hundred Seventy Thousand and no/100, Dollars, $ 12,370,000.00 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 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, 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 January 3 2020
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Name: Jeffrey T. Clemens
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Continental Insurance Company,
AUTHORIZED SIGNATURE: MiLA My Hua
Its Attorney in-Fact Title
(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 California Riverside County of
on sanuary le 2020 barore mo. aven Spletzer, Notary fublic nsert name and title of the officer
personally appeared Jeffrey T. Clemens
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/are person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the 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.
KAREN SPLETZER
Notary Public - California
Riverside County
Commission # 2248230
My Comm. Expires Jul 27, 2022
Signature
(Seal)
CALIFORNIA ALL-PURPOSE 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 California )
County of Orange _)
On JAN 0 3 2020 before me, Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - - -
[Name(s) of Signers]
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/theif 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.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2193966 Kalamen
My Comm. Expires May 22, 2021
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited • General Partner - • Limited • General Individual Attorney-in-Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT insurance laen By The Presents, The The Coi orl agorane Care ory Pes anya inser no come only is duly real sed and existing affixed hereby make, constitute and appoint
Kathy R Mair, Mechelle Larkin, My Hua, Individually
of Irvine, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2018.
The Continental Insurance Company
State of South Dakota, County of Minnehaha, ss:
On this 19th day of October, 2018, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
NOTARY PUBLIC
SOUTH DAKOTA SEAL
My Commission Expires June 23, 2021 Notary Public
CERTIFICATE
The Continental Insurance Company
D. Johnson
D. Johnson Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
McCall Mesa
MENIFEE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 4,905,250.00 Parcel Map 31098 Water System 465,750.00 Other Proj. Ref. _IP19-006
Rec. Water System $ 243,250.00 Bond No. 30082943
Sewer System $ 570,750.00 Premium $ Included in Performance Bond Total $ 6,185,000.00
Surety The Continental Insurance Company Principal Lennar Homes of California Address 151 N. Franklin Street Address
980 Montecito Dr. Suite 302
City/State Chicago, II. City/State Corona. CA
Zip 60606. Zip 92879
Phone 312) 822-5000 Phone (951) 817-3500
WHEREAS, the City of Menifee, State of California, and Lennar 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 TR 31098/ IP19-006, 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 Six Million One Hundred Eighty Five Thousand and no/100, Dollars, $ 6,185,000.00 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 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.
above named, on
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S):
By:
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Continental Insurance Company,
AUTHORIZED SIGNATURE: My Hua
Its Attorney-in-Fact Title
(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 CoRerside County of
on anuaRy le, 2020 _ before me, aren Spletzer, NotaRy Mublic nsen name and title of the officer /
personally appeared i effren T. Clemens
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the subscribed to the within instrument and acknowledged to me that he/she/they executed the same in person(8), 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.
KAREN SPLETZER
Notary Public - California
Riverside County INN
Commission # 2248230
My Comm. Expires Jul 27, 2022
Signature
(Seal)
4 CALIFORNIA ALL-PURPOSE 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 California )
County of Orange
JAN 0 3 2020
On before me, Kathy R. Mair, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua ------
[Name(s) of Signer(s)]
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 personts), 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.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2193966 Kawanan
My Comm. Expires May 22, 2021
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s): _ Partner - • Limited General Partner - • Limited • General Individual X Attorney-in-Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: _ Signer is Representing:
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT now All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existin nsurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herei affixed hereby make, constitute and appoint
Kathy R Mair, Mechelle Larkin, My Hua, Individually
of Irvine, CA, Its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
nd to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and a he acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2018.
The Continental Insurance Company
State of South Dakota, County of Minnehaha, ss:
On this 19th day of October, 2018, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
NOTARY PUBLIC
SOUTH DAKOTA (
My Commission Expires June 23, 2021 Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power o Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance compan printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance day of _ JAN 0 3 2020
INSUR: The Continental Insurance Company
0. Johnson
D. Johnson Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.