Sutter Mitland 01, LLC Faithful Performance TM36485-4 BDTO500071-017 MENIFEE Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT
AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
Tract/Parcel Map No. 36485-4
Total Cost Estimate: $ 214,730.16 Other Project No. PP 2017-145
The following to be completed by the Applicant: Bond No.: BDT0500071-017
Surety: Liberty Mutual Insurance Company Principal: Sutter Mitland 01, LLC
Address: 175 Berkeley Street Address: 3200 Park Center Dr. Suite 1000
City/State: Boston, MA City/State Costa Mesa, CA
Zip Code: 02116 Zip Code: 92626
Phone: 617-357-9500 Phone: 714-200-1609
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 agreement(s)
whereby principal agrees to install and complete the described landscaping and installation along
Rancho Del Oro within Planning Areas 15 and 15a of Audie Murphy Ranch (HOA Maintained
Landscaping and Irrigation Plans (TR36485-4). The principal agrees to install and maintain all
landscape and any additional landscape materials, related to (Tract/Parcel) Plot Plan 2017-145 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 Liberty Mutual insurance Company as surety, are held and firmly
bound unto the City of Menifee in the penal sum of TWO HUNDRED FOURTEEN THOUSAND
SEVEN HUNDRED THIRTY DOLLARS AND SIXTEEN CENTS ($214 730.16) 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.
G,ry ay
MENIFEE.
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 surety
above named, on September 18th 2017
NAME OF PRINCIPAL: Sutter Mitland 01, LLC
AUTHORIZED SIGNATURE(S):
Sutter Mitland 01, LLC
By:
J
Name:
Title: vise Prey�9.���
(IF CORPORATION,AFFIX SEAL)
NAME OF SURETY: Liberty MT/u'al In rance Company
AUTHORIZED SIGNATURE:
Its Attorne -' -Fact Title
Roxanne Villa
(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 CCulp� )
On &Adyj^ 20 2017,before me,
Notary Public,personally appeared �LtiK
,who proved to me on the basis of satisfactory evidence to be the person(,-)whose name(4
ism subscribed to the within instrument and acknowledged to me that hek4wdgwy/executed the same in
hisAien4heir authorized capacity(.ie4 and that by his/kgR44a-ir-signature(4 on the instrument the person(s3,
or the entity upon behalf of which the person{ 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.
NIEAGAN ; ECNT
Comm.#2117799 m
U) Notary Puwc ceinwAs N
W9�-,Cow.
ORANGE COUNTY -4 Notary Pu
Exp.JUNE 29,2099
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 100021606
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.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company,pursuant to and by authority of the By-law and
Authorization hereinafter set forth,does hereby name,constitute and appoint...Margaret Weglicka,Cheryl Holmes,Courtney Lim,Roxanne Villa,
d Jake Schuett,Latasha Rouse,Taiasha Cunningham ,ALL OF THE CITY OF ...TORONTO. .............. PROVINCE OF M
R .. .ONTARIO...............................................................................................each individually if there be more than one named,its true and H
T lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all
undertakings,bonds,recognizances and other surety obligations,and the execution of such undertakings,bonds,recognizances and other surety c
a) obligations,in pursuance of these presents,shall be as binding upon and Company as if they had been duly signed by the president and attested by
the secretary of the company in their own proper persons.
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That this power is made and executed pursuant to and by authority of the following By-law and Authorization: c
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ARTICLE XIII—Execution of Contracts: Section 5. Surety Bonds and Undertakings. w
o Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the E
chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, M
execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such
iu attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their c
°I 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. E
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
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L Pursuant to Article XIII,Section 5 of the By-laws,Paul McIntyre,Assistant Secretary of Liberty Mutual Insurance Company,is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge Q
;y and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.
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@L That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
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om IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the company and the corporate seal of v
Liberty Mutual Insurance Company has been affixed thereto in Toronto,Ontario this 12" day of August,2016.
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LIBERTY MUTUAL INSURANCE COMPANY
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PROVINCE OF ONTARIO Paul Mcl ant Secretary c
ai CITY OF TORONTO
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c On this 12`h day of August,2016,before me,a Notary Public,personally appeared Paul McIntyre,to me known,and acknowledged that he is a Ln
rn Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed the above Power of o
Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
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E IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my notarial seal at Toronto,Ontario,on the day and year first above "aL
.2 written. 1nnn, >
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WNoraRr `b_ Jess Seppi E
0 IP_ No ary Public in and for the Province of c
PUBLIC Ontario co,
CERTIFICATE '
''annua�
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company in Canada,do hereby certify that the original power of attorney of which the foregoing is a full,
true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is a
Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of By-laws of Liberty Mutual
Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board
of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 121'day of March,1980.
VOTED that the 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. /(�
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this/0 //? of ,20 .
9tx 1
Michael Weiss,Assistant ecre \