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Garfield Beach CVS, LLC Faithful Performance Bond PM36728 015052579 C.rr on MENIFEE�. EE Community Development Department FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: SEC Newport Rd. & Menifee Rd., Menifee, CA 92584 1-Year Maintenance $ 52,300.00 Tract/Parcel Map ��;cam- ' F �P,- ( /'' _-_ ( 4- c�c , Other Project No. Total $ 52,300.00 Bond No. 015052579 Surety Liberty Mutual Insurance Company Principal Garfield Beach CVS, L.L.C. Address 175 Berkeley Street Address One CVS Drive City/State Boston, MA City/State_ Woonsocket, RI Zip code 02116 Zip 02895 Phone 617-243-7960 WHEREAS, the City of Menifee, State of California, and, Garfield Beach CVS, L.L.C. (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 above designated landscape project, related to (TracyParcely L , which agreement(s) is/are hereby referred to and made a part hereof; and, �T�°�_j 11-e -71 '�' 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 Liberty Mutual Insurance Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of FIFTY TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS 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 FOR LANDSCAPE 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 surety above named, on February 2 2017 NAME OF PRINCIPAL: Garfield Beach CVS, L.L.C. AUTHORIZED SIGNATURE(S): By- Name:� Title: (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Liberty Mutual Insurance Company AUTHORIZED SIGNATURE: s tt y ct Title Jessica lannotta,Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. ALL-PURPOSE ACKNOWLEDGMENT State of Rhode Island County of Providence On 2/2/17 before me, Linda Chenot DATE NAME OF NOTARY PUBLIC personally appeared Kimberly A. Shardlow NAME(S)OF SIGNER(S) © personally known to me OR ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s): s/are subscribed to the within instrument and acknowledged to me that he%he/they executed the same in his/,her their authorized capacity(ies), an 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. WITNESS my hand and official seal. Place Notary Seal or Stamp Here �r ,K SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it may prove valuable to persons relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document. DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond #015052579 THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES 2/2/17 DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 NJ } County of Morris } On 2/2/2017 before me, Kelly L.O'Malley,Notary Public (Here insert name and title of the a cer) personally appeared Jessica lannotta 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 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. KELLY L O'MALLEY t Commission # 50010128 WI S rr} and and official seal. Notary Public, State of New Jersey My Commission Expires February 13, 2020 Nota P C ure \Jy (Notary Public Seal) My CommissiomExpires:2/13/2020 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This farm complies tvith current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document Acknowledgments from other states may be completed jar documents being sett to that state so tang Faithful Performance Bond for as the wording does not require the California notary to violate California notary lint'. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Landscape Improvement Agreement • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 6 Document Date 2/2/17 commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual (s) Ire/shetdwy—, is Jere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges,re-seat if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). >s • Securely attach this document to the signed document with a staple. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.Not valli for mortgage,note,loan,letter of credit,hank deposit,currency rate,Interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collecfively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jessica lannotta of the city of Morristown state of New Jersey its true and lawful attomey-in-fact,with full power and authority hereby conferred to sign,execute and acknowledge the following surety bond: Principal Name: Garfield Beach CVS,L.L.C. Obligee Name: City of Menifee Surety Bond Number: 015052579 Bond Amount: $52,300.00 IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of March,2015. pND CAS v pL msu.? Jp`1v INS(�RR p�1NSUq,Qy American Fire and Casualty Company 4�e�- Poay, ` oI'l�9�� tiJ oaPORyrti� Py a�o�oROrFy� �� � �F The Ohio Casualty Insurance Company '6 �o Liberty Mutual Insurance Company 1906 0 1912 3 = 1919 $ N 1991 a Wes mericaa/nnn Insurance Company ryD ��Jy9'rSACHVS �2 y�'yNAM4`'�e T2 zi �NOIANp By: N�l. /C.�i * * # # David .'Carey,Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 24"h day of March,2015,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella,Notary Public By: Plymouth Up.,Montgomery County Teresa Pastella,N6tary Public My Commission Expires March 28.2017 Member Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned,Assistant Secretary,of American Fire and Casually Company,The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOFF,I have hereunto set my hand and affixed the seals of said Companies this 2nd day of February 2017 �PNC CAa'G pyINS UpA Jp�ZY INS(rq� `10SUgA� zQ��oaro�09� ���pRPOl7yl�r r c� pePORyr°?�� ��e•�coN oRat°C o B R d i 1906 1912 b i y 1919 W 1991 a y Gregory W.Davenport,Assistant Secretary CC 10 "°�y�F1AMPS�aaD ��),9'��CHUSF�l2 �S,l�YyAMPS��l2 � �NQIAS1P Y b T 10� Liberty LIBERTY MUTUAL INSURANCE COMPANY MUtU_d'l. FINANCIAL STATEMENT—DECEMBER 31,2015 SURETY Assets Liabilities Cash and Bank Deposits......................................... $753.038,641 Unearned Premiums................................................$6,580,520,31 1 *Bonds—U.S Government..................................... 1,547,613,446 Reserve for Claims and Claims Expense................. 16,917,138,677 *Other Bonds............................................................ 11,088,162.545 Funds Held Under Reinsurance Treaties................. 210.794,503 Reserve for Dividends to Policyholders.................. 358,033 *Stocks..................................................................... 9,919,835,033 Additional Statutory Reserve.................................. 29,659.093 Real Estate.............................................................. 295.926.247 Reserve for Commissions.Taxes and Agents' Balances or Uncollected Premiums........... 4.487,5011.643 Other Liabilities................................................ 2.789.478.276 Accrued Interest and Rents..................................... 120.872.424 Total.................................................................$26,527,948,893 Other Admitted Assets.............................................. 14.130.266.527 Special Surplus Funds................. $67,890,944 Capital Stock............................... 10.000.000 Paid in Surplus............................ 8,829,183,823 Unassigned Surplus.....................6,908,192,846 Total Admitted Assets.....................................S42.343.216.506 Surplus to Policyholders............................... 15,815,267,613 Total Liabilities and Surplus................................$.42,343,2 _Jfl6 �1J0`PP fo C^ * Bonds are stated at amortized or investment value:Stocks at Association Market Values. 1912 ° The foregoing financial information is taken from Liberty Mutual Insurance Company's financial h � 1� S.u11E`i statement filed with the state of Massachusetts Department of Insurance. 1, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 3 L 2015,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington,this 15th day of March,2016. Assistant Secretary S-1262LMIC/a 3116