Brookfield Homes of Southern California, LLC Faithful Performance Bond 36485-2 Gar oe
>MENIFEE E Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
MODEL HOME COPLEX AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR MODEL HOME COMPLEX:
Tract/Parcel Map No. 36485-2 (PA 19)
Total Cost Estimate: $ 31,000 Other Project No. PP 2017-360
The following to be completed by the Applicant:
Surety: Continental Casualty Company Principal: Brookfield Homes of Southern
California, LLC
Address: 333 Wabash Ave Address: 3200 Park Center Drive, Suite 1000
City/State: Chicago, IL City/State Costa Mesa, California
Zip Code: 60604 Zip Code: 92626
Phone: 312-822-5000 Phone: 714-427-6868
WHEREAS, the City of Menifee, State of California, and, Brookfield Homes of Southern California,
LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached
agreement(s) whereby principal agrees to install and complete the described on-site improvements
associated with the model home complex, including the installation of a temporary parking lot, the
construction of a temporary sales office, and the installation of landscaping and irrigation within the
model home complex project site, within Audie Murphy Ranch Planning Area 19 or otherwise known
as "Savannah at Audie Murphy Ranch". The principal agrees to install and maintain the parking lot,
driveways, and all landscaping and any additional landscape materials, related to Savannah at Audie
Murphy Ranch, TR 36485-2 (Planning Area 19), Plot Plan 2017-360 which agreement(s) is/are
hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the
faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Continental Casualty Company as surety, are held and
firmly bound unto the City of Menifee in the penal sum of THIRTY ONE THOUSDAND DOLLARS
AND NO CENTS ($31,000) 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.
iS
`v
5
3
ENIFE '�
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION
IMPROVEMENT AGREEMENT
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and
3
surety above named, on December 27th. 2017. ,
NAME OF PRINCIPAL: Brookfield Homes Southern California LLC
AUTHORIZED SIGNATURE(S):
s
BY: yy
_
Name:
Title: SJ p
3
1
a
(IF CORPORATION,AFFIX SEAL)
NAME OF SURETY: Continental Cn
Company
AUTHORIZED SIGNATURE:
Edward C. Spector, Attorney-in-Fact l
(IF CORPORATION,AFFIX SEAL) I
a
I
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
3
CN
CONTINENTAL CASUALTY COMPANY
333 South Wabash Avenue
Chicago, IL 60604
312-822-5000
ENDORSEMENT NO. 1
To be attached to the bond described below:
BOND NO.: 30027009
DATE OF BOND: December 27th, 2017
PRINCIPAL: Brookfield Homes Southern California LLC
OBLIGEE: City of Menifee
BOND AMOUNT: $ 31,000.00
PROJECT: Savannah at Audie Murphy Ranch,Tract#36485-2, Plot Plan 2017-360
EFFECTIVE DECEMBER 27th, 2017 THE BOND WORDING IS AMENDED AS FOLLOWS:
FROM:
"WHEREAS,the City of Menifee, State of California, and, Brookfield Homes Southern California LLC,
(hereinafter designated as "principal") have entered into, or are about to enter into,the attached
agreement(s) whereby principal agrees to install and complete the described on-site landscaping and
irrigation within the project site, known as, "The Shops at Newport Road".The principal agrees to install
and maintain all landscape and any additional landscape materials, related to Savannah at Audie
Murphy Ranch,Tract#36485-2, Plot Plan 2017-360 which agreement(s) is/are hereby referred to and
made a part hereof; and, [...]"
TO:
"WHEREAS, the City of Menifee, State of California, and, Brookfield Homes Southern California LLC,
(hereinafter designated as "principal") have entered into, or are about to enter into, the attached
agreement(s) whereby principal agrees to install and complete the described on-site improvements
associated with the model home complex, including the installation of a temporary parking lot, the
construction of a temporary sales office, and the installation of landscaping and irrigation within the
model home complex project site, within Audie Murphy Ranch Planning Area 19 or otherwise known
as "Savannah at Audie Murphy Ranch". The principal agrees to install and maintain the parking lot,
driveways, and all landscaping and any additional landscape materials, related to Savannah at Audie
Murphy Ranch, TR 36485-2 (Planning Area 19), Plot Plan 2017-360 which agreement(s) is/are
hereby referred to and made a part hereof; and, [...]"
The referenced Bond continues in force in the above amount subject to all terms and conditions
of said Bond. The aggregate liability shall not exceed the sum written above.
EXECUTED BY SURETY AND EFFECTIVE THIS 215t DAY OF MARCH, 2018.
Continental casualty Company
8, irra, ttorney-In-Fact
State of
County of
The foregoing instrument was acknowledged before me this 21st day of March, 2018 by
Attorney-In-Fact for Continental Casualty Company.
My Commission Expires:
Name of Notary
Valid documentation of Power-of-Attorney must accompany Continuation/Verification Statement Rider.
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 Los Angeles
On-MAR 2 1 20S before me, D. Casillas Notary Public personally appeared
B. Aleman 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 heAhe%hey
executed the same in h-i-s/her4he4 authorized capacity(ies), and that by hi-s/her/t:heif 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
>„ D. CASILLAS State of California that the foregoing paragraph is true and correct.
:. . _ COMM. #2162364
Notary Public •California A
r Los Angeles County ° WITNESS my hand and official seal.
M Comm.Expires Au . 11,2020
Signature
D. Casillas, Signature ofN, Public
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of
Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called
"the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Tracy Aston, Tom Branigan, Edward C Spector, Kristine Mendez, Daravy Mady, Lisa K Crail, Simone Gerhard, B
Aleman,Benjamin Lee Wolfe,K D Conrad,Individually
of Los Angeles,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
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 their insurance companies 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 Boards of Directors of the insurance companies.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this 9th day of June,2015.
�sw<T %suq Continental Casualty Company
� F National Fire Insurance Company of Hartford
coWORA7V 9 ocea M4,-zc ;a American Cas ty Company of Reading,Pennsylvania
Ic
s JULY 31.
ov SEAL l902 I
7 g97
Paul T.Bruflat Vice President
State of South Dakota,County of Minnehaha,ss:
On this 9th day of June,2015,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 Continental Casualty Company,an Illinois insurance company,
National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a
Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the
seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance
companies.
f S.ETCH
!/K` NQfAWPUBLIC/ F��
i SOUTH DA100TAJr
iti�p��rtiwr ��4
My Commission Expires February 12,2021 S.Eich Notary Public
CERTIFICATE
I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an
Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the
Power of 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
companies 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 companies this day of A2 1 9018
W,sW�� �MSUR Continental Casualty Company
National Fire Insurance Company of Hartford
*r c a�a�roaarfn American Casualty Company of Reading,Pennsylvania
a JULY 31. t
mac) SEAL
D.Bult Assistant Secretary
Form F68534/2012
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
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 at a meeting held on May 12,1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of
the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign
will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective."
This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of
attorneys on behalf of Continental Casualty Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated the 25 h day of April,2012:
"Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers' to
execute various policies,bonds,undertakings and other obligatory instruments of like nature;and
Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via
facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any
Authorized Officer shall be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
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 by unanimous written consent dated May 10,1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of
the Company provided that the name of such authorized officer and a description of the documents,agreements or instr cents that such officer may sign
will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective."
This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of
attorneys on behalf of National fire Insurance Company of Hartford.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated the 25ei day of April,2012:
"Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to
execute various policies,bonds,undertakings and other obligatory instruments of like nature;and
Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via
facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any
Authorized Officer shall be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the Board of Directors of the
Company by unanimous written consent dated May 10,1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of
the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign
will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective."
This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of
attorneys on behalf of American Casualty Company of Reading,Pennsylvania.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated the 25'h day of April,2012:
"Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to
execute various policies,bonds,undertakings and other obligatory instruments of like nature;and
Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via
facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any
Authorized Officer shall be valid and binding on the Company."