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Lennar Homes of California, Inc. Faithful Performance TM36299-1 381449S MEN,FEE 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: 1-Year Maintenance $ 37,720.00 Tract/Parcel Map 36299-1 Other Project No. PP2016-239 Total $ 3,308,232.00 Bond No. 381449S Surety Developers Surety and Indemnity Company Principal Lennar Homes of California, Inc. Address 17771 Cowan, Suite 100 Address 980 Montecito Drive, Suite 302 City/State Irvine, CA City/State Corona, CA Zip code 92614 Zip 92879 Phone 800-782-1546 WHEREAS, the City of Menifee, State of California, and, Lennar Homes of California, Inc. (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 recreation center including, community building, pool building, two pools, a spa, restrooms, outdoor furniture, playground, outdoor table tennis, recreational corn hole toss, parking, landscape materials and installation, related to (Tract/Parcel) 36299-1, 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 Lennar Homes of California. Inc., as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million Three Hundred and Eight Thousand, Two Hundred and Thirty Two and 00/100, Dollars ($3,308,232.00) 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. tAENIFEE' 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 March 9 , 2018 NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S): By: Name: Cieo 'c Sn^k+�k Title: �ticic --,�rts,d.E,nk (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Developers Surety and Indemnity Company AUTHORIZED SIGNATURE: WW Mechelle Larkin Its Attorney-in-Fact Tilde (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. 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 Orange ) On MAR 0 9 2010 before me, Kathy R. Mair, Notary Public , DATE [Name of Notary Public and Title"Notary Public") personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , [Name(s)of Signer(s)) who proved to me on the basis of satisfactory evidence to be the personko whose name(o is/a-re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h+s/her/t-he# authorized capacity&—,), and that by his/her/the# signature{} on the instrument the person{}, or the entity upon behalf of which the personal 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. KATHY R.MAIR NotaryPublic-California z Oranae County Commission=2193966 d My Comm.Expires May 22,2021 Cg��� S,gJ a e o Notary Public Place Notary Seal Above ---------------------------------------------- OPTIONAL --------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Mechelle Larkin Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ® Attorney-in-Fact ❑ Individual ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kathy R. Mair, Mechelle Larkin,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February,2017. By; AND/� � D oR�l Daniel Young,Senior Vice-President J� oi+� oFy, o �Qoq 1 = 0C, 5 °= w 1967 O ByCgCIFOFr'aO•� 0� Ci �P 2 Mark Lansdon,Vice-President �,�o•......� g41FOPa a 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 Orange On February 6,2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Youna and Mark Lansdon Names)of Signer(s) 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 LUCILLE RAYMOND which the person(s)acted,executed the instrument. • Commission#r 208/915 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z • Orange County, true and correct. My Comm.Expires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucille tray ond,Notary Public CERTIFICATE V The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this day of MAR D 9 ;.01.1 �AND/Na•o ojtipANY ox, By: ��J�C/ �01B y oFP�2iTFoF?iyi =pPPOASr C, or Cassie J. rrisford,Assistant Se tary �J>7 egClFOfP'D �%C�iJFOr�L�r a ATS-1002(02/17) ��''•,�o••* "�,`'•` ,t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies onlythe 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 Californ'County of lya5ld t I On ����l l� 'd1 11(1 before me, JAI r l( Date ere Insert Name and Title of the Offic r personally appeared Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence�to be the persons)whose name,(s I are subscribed to the within instrument and acknowl ed to me that(ht fshe/they executed the same it I'/her/their authorized capacity and that by her/their signs ure�on the instrument the persoK,, or the entity upon behalf of which the person�(gj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing .0.� JODIEATHA paragraph is true and correct. NotaryPublic-California Z `a- - Riverside County > WITNESS m hand and official seal. Commission 9 2230896 y My Comm.Expires Feb 11,2022 Signature (1jR C�41�z Place Notary Seal and/or Stamp Above ignature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association