Sutter Mitland 01, LLC Faithful Performance TM36485-11 1001090372 8 S`~ [t.
ENIFE �f 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 Map 36485-11 Planning Area 10
Other Project No. PP 2017-284
Total $ 30,357.60 Bond No. 1001080372/TCS0171718
Surety U.S.Specialty Insurance Company Principal Sutter Mitland 01,LLC
Address 601 S.Figueroa Street,Suite 1600 Address 3200 Park Center Drive, Suite 1000
City/State Los Angeles,CA City/State Costa Mesa, CA
Zip code 90017 Zip 92626
Phone 1-800-284-4627
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 landscape installation along Yerba
Drive within TR 36485-11. The principal agrees to install and maintain all landscape and any additional
landscape materials, related to (Tract/Parcel) 36485-11 Yerba Drive HOA Landscape Area
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 U.S. Specialty Insurance Company as surety, are held and firmly
unto bound the City of Menifee in the penal sum of Thirty Thousand Three Hundred Fifty-Seven
----------------60/100 Dollars ($30.357.60) 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.
-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 February 15th 2018
NAME OF PRINCIPAL: Sutter Mitland 01, LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title: DAVID E. BARTLETT
Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: U.S. Specialty Insu ance Company
AUTHORIZED SIGNATURE: /yJ2"-8a�,/"
i1rie-Baily, Attorney' F t
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF Connecticut
COUNTY OF Hartford
On February 15, 2018 before me, Tyler Undercuffler a notary public, personally
appeared Julie Baity 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 be his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed this instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Connecticut that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
(Signatu'r'e of Notary Public)
Tyler Undercuffier
Notary Public,State of Connecticut
My Commission Expires Sep.30,2022
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, and U.S.
Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make,constitute and appoint:
Julie Baily,Matthew J.Beernaert,Jason Hilby or Brian J.Steele of Farmington,Connecticut
its true and lawful Attorney(s)-in-fact,each in their separate_capacity if more than one is named above, with full power and authority -_
hereby conferred in its name,place an"llddfto ex-ecute,acIdi6wledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of3adtyship WAdblutle riders, amendments, and consents of surety, providing the hond
penalty does not exceed ******Seventy Five Million****** Dollars ($ *75,000,000.00* ).
This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, t tat the President,any Vice-President,any Assistant Vice-President,any Secretary or-any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:-
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected
by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any
bond or undertaking to which it is attached. --
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1 st day of November,2016.
- AMERICAN CONTRACTORS INDEMNITY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals lSaper0;Ps11, 1',4insura. :
C,
INCORPORATED y_ =(/jj m= BY
SEPT.25,1990 :<� • -� �T
�4,• ::o s Daniel P.Aguilar-,Vice President
CgLjFORN�p,O```
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 tnrthfitlness,accuracy,or validity of that document.
State of California
County of Los Angeles SS:
On this 1 st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American
-Contractors Indemnity Company and U.S.Specialty insurance Company who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the
instrument the person,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.
SABINA MORGENSTEIN
Commission# 2129255 -
Signature (Seal) Notary Public-California
Los Angeles County _-
=- My Comm.Expires Noy 3,2019
I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company and U.S.Specialty Insurance Company,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the
resolutions-of them o s--of Directors,set out in the Power of Attorney are in fiill force and effect.
In Witness Whereof,1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 10 day
of q?!_!SMA
RpCT.)q 1ns,,.
Corporate Seals _:'
wcORPO,-199 -C_
SEPT.zs�9so -c �:• Y Bond No.
�ooa r o3 7� gb S Kio Lo,AssistantlS&Mary
Agency No. 9016 �q"Fofld�P ,,,,. -
Tn inns tiro ohnl It Chic hnnrl nionea Writn in I to of eI iroty-h—Linni iinJnlhnn nnm
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 01�12-, )
On M,Cur-0/l `t 2018,before me,
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person¢t)whose name(-&}
is/are subscribed to'the within instrument and acknowledged to me that he/sheARey/executed the same in
hiss authorized capacity(-ies)and that by his/hen4heir signature(s)on the instrument the person(-,),
or the entity upon behalf of which the person4acted, 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.
�MEAGAN KNECHT
comet.#E2117799 tin
OPMOE Notary Pub 'c Corm. JM 29 2019