MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $4,327,000.00 Tract Map 36485-F Flood Control $ 70,000.00 Other Proj. Ref.
Water System $ 636,500.00 Bond No. TM5235797
Rec. Water System $ 51,500.00 Premium $ 32,804.00 USD
Sewer System $ 670,000.00
Total $ 5,755,000.00
Surety The Guarantee Company of North America USA Principal Sutter Mitland 01, LLC Address One Towne Square, suite 1470 Address 3200 Park Center Dr., Suite 1000 City/State_Southfield, MI City/State Costa Mesa, CA
Zip code 48076 Zip 92626
Phone 248-281-0281 Phone (714) 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 agreements) whereby principal agrees to install and complete the above designated public improvements relating to TM 36485-F, 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 Guarantee Company of North America USA, as surety, are held and firmly bound unto the City of Menifee in the penal sum of_Five Million Seven Hundred Fifty-Five Thousand and no/100, Dollars, $ 5,755,000.00 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
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 August 1st 2019
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
Des fee
By:
Name: DAVID E. BARTLETT
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Guarantee Company of North America USA AUTHORIZED SIGNATURE: Debra Waltersen Debra Waterson, Aloney In Fact.
Its Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY- IN-FACT.
A notary public or other officer completing
this certificate verified only the identity of
he individual who signed the document t
which this certificate is attached. and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
COUNTY OF _Orange
On August 20 2019, before me, Danielle Monique Moss, Notary Public, personally appeared David E. Bartlett
proved to me on the basis of satisfactory evidence to be the person(s) whose namels) 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 signaturç(s) on the instrument the person(sy, or the entity upon behalf of which the person(8) 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.
DANIELLE MONIQUE MOSS Danielle Monique Moss
Notary Public - California
Orange County Notary Public
Commission # 2254683
My Comm. Expires Aug 17, 2022
ACKNOWLEDGMENT
A notary public or other officer completing this
State of Michigan
County of Oakland
On 8/1/2019 before me, Lora O'Brien
(insert name and title of the officer)
personally appeared Debra Watterson
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 is/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument th person(s), or the entity upon behalf of which the person(s) acted, executed the instrumen 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. Lora O'Brien
Notary Public, State of Michigan
County of Oaklanc
Ay Commission Expires April 21, 202
Aradbien Acting in Oakland County
Signature (Seal)
Lora O'Brien
GUARANTEE® The Guarantee Company of North America USA
Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Debra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera, Katie Coalson, Edward DeVries, Dwight Teter, Casey M. Strohauer, Montina Cenance, Olga Tasselmyer The Guarantee Company of North America USA
s true and lawtul attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemni nd other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwis le execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA US fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the princip office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31* day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, 2018.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Khu Chuckud Конаметритави
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to saic instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2024 Cynthia A. Takae Acting in Oakland County
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect GUARANTE CON IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1st day of August . 2019 Колеристав
Randall Musselman, Secretary
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Home Office, Southfield, Michigan
STATUTORY BALANCE SHEET
December 31, 2018
ASSETS
Cash and Short-Term Investments $ 88,508,407
151,857,941
Premium and Agents Balances (under 90 days) 5,007,524
Reinsurance Receivable on paid losse 529,666
Accrued Interest and Dividend 812,435
1,637,933
Other Assets 1,195.275
Total Admitted Assets $249,549,181
LIABILITES
Reserve for Losses and Loss Adjustment Expenses $ 9,077,422 Uncarned Premium Reserve 22,744,950
Accrued Expenses 4,210,825
Ceded Reinsurance Premiums Payable 1,207,940
Taxes, Licenses and Fees Payable 374,668
Federal Income Tax Payable 296,413
Funds Held 9,869,832
Other Liabilities 1.844,929
Total Liabilities $. 49,626,979
CAPITAL AND SURPLUS
Common Stock and Paid-In Capital $144,020,970
Surplus 55,901,232
Total Policyholders' Surplus $199.922,202
Total Liabilities, Capital and Surplus $249,549,181
State of Michigan
County of Oakland
Stephen C. Ruschak being duly sworn, says: That he is the President & COO of The Guarantee Company of North with and is duly qualified to act as surety under the Act of Congress of July 30, 1947, as amended (6 U.S.C. 6-13); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31 day of December 2018.
Swom to before me this 19th day of March 2019.
AnPu
Stephen C. Ruschak, President & COO
Nayartha CHatta
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commiesion Expres February 27, 2024
Acting in Oakland County
MENIFEE:
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $2,163,500.00 Tract Map 36485-F Flood Control $ 35,000.00 Other Proj. Ref.
Water System $ 318,250.00 TM5235797
Bond No.
Rec. Water System $ 25,750.00 Premium $ Included w/ performance portion Sewer System $ 335,000.00
Total $ 2,877,500.00
Surety The Guarantee Company of North America USA Principal Sutter Mitland 01, LLC Address One Towne Square, Suite 1470 Address 3200 Park Center Dr., Suite 1000 City/State_Southfield, MI City/State Costa Mesa, CA
Zip 48076 Zip 92626
Phone 248-281-0281 Phone (714) 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 agreements) whereby principal agrees to install and complete the above designated public improvements relating to TR 36485-F, 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 Two Million Eight Hundred Seventy- Seven Thousand Five Hundred and no/100, Dollars, $2,877,500.00 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 IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on August 1st
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: DAVID E. BARTLETT
Title:
Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Guarantee Company of North America USA Dessa Wallesson
AUTHORIZED SIGNATURE: Debra Watterson Attorney-In-Fact.
Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY- IN-FACT.
A notary public or other officer completing
this certificate verified 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 _ Orange
On August 20
David Es arty Danielle Monique Moss, Notary Public,
personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose namels) islare subscribed to the within instrument and acknowledged to me that he she/they/executed the same in his her/their authorized capacity(jes) and that by his her/their signature(s) on the instrument the personts), or the entity upon behalf of which the person(8) 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.
DANIELLE MONIQUE MOSS
Notary Public • California
Orange County Danielle Mosque Mass
Commission # 2254683
My Comm. Expires Aug 17, 2022 Notary Public
ACKNOWLEDGMENT
A notary public or other officer completing this
State of Michigan
County of Oakland
On 8/1/2019 before me,_ Lora O'Brien
(insert name and title of the officer)
personally appeared Debra Watterson
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 ir his/her/their 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. Lora O'Brien
Notary Public, State of Michigan
My Commision Expres Aprl 21, 2024
Acting In Oakland County
Signature (Seal)
Lora O'Brien
The Guarantee Company of North America USA
GUARANTEE® Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Debra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera, Katie Coalson, Edward DeVries, Dwight Teter, Casey M. Strohauer, Montina Cenance, Olga Tasselmyer The Guarantee Company of North America USA
It rue and and alrao inter leo, a an are ray be alone eat a or per at ya, sad e use reain, once rese he execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA US. s fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the princip office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 318t day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and TARANTEE CON its corporate seal to be affixed by its authorized officer, this 1st day of March, 2018.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
NORTH AMERICA Каролетрита
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to saic instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duiy affixed by order of the Board of Directors of said Company.
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2024 Cynthia A. Takai Acting in Oakland County
, Randail Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effec! GUARANTEE CONE IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this Ist day of August , 2019 Randall Musselman, Secretary
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Home Office, Southfield, Michigan
STATUTORY BALANCE SHEET
December 31, 2018
ASSETS
Cash and Short-Term Investments $ 88,508,407
Marketable Securities 151,857,941
Premium and Agents Balances (under 90 days) 5,007,524
einsurance Receivable on paid losse 529,666
Accrued Interest and Dividend 812,435
Net Deferred Tax Asset 1,637,933
Other Assets 1.195.275
Total Admitted Assets 5249,549,181
LIABILITES
Reserve for Losses and Loss Adjustment Expenses $ 9,077,422 Unearned Premium Reserve 22,744,950
Accrued Expenses 4,210,825
Ceded Reinsurance Premiums Payable 1,207,940
Taxes, Licenses and Fees Payable 374,668
Federal Income Tax Payable 296,413
Funds Held 9,869,832
Other Liabilities : 1.844,929
Total Liabilities $ 49,626,979
CAPITAL AND SURPLUS
Common Stock and Paid-In Capital $144,020,970
Surplus 55,901,232
Total Policyholders' Surplus $199,922.202
Total Liabilities, Capital and Surplus $249,549,181
State of Michigar
County of Oakland
the foregoing is a full, true and correct statement of the financial condition of said company on the 31* day of December 2018.
Sworn to before me this 19th day of March 2019.
Cynthia C. Taka uschak, President & COO
Notary Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
Acting in Oakland County