Sutter Mitland 01, LLC Faithful Performance TR36485-7 30033226 oir,
l `
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 $ 90,081.60 Tract/Parcel Map 10, 3fags--7
Other Project No. PP2017-356
Total $ 1,427,716.68 Bond No. 30033226
Surety Continental Casualty Company Principal Sutter Mitland 01 LLC
Address 333 South Wabash Avenue Address 3200 Park Center Drive, Suite 1000
City/State Chicago, IL City/State Costa Mesa, CA
Zip code 60604 Zip 92626
Phone 312-822-5000
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 above designated Linear Paseo PA
40 C and Linear Paseo PA 40 D landscape materials and installation, related to (Plot Plan) PP2017-
356, 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 Sutter Mitland 01 LLC, as surety, are held and firmly
bound unto the City of Menifee in the penal sum of One Million, Four Hundred Twenty Seven
Thousand, Seven Hundred and Sixteen and 68/100, Dollars ($1,427,716.68) 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.
MENIFEES
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 May 1st 2018
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title: DAVID E. BARTLETT
!lice President
(IF CORPORATION,AFFIX SEAL)
NAME OF SURETY: Continental Ca.ualty Company
AUTHORIZED SIGNATURE:
Roxanne la, Affol q-ln-Fact
(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 �-MnA4b )
On /IGLU q �
2018,before me, kq-4 wjz'1 N —
Notary ublic,personally appeared ytc( 1�, r-f Z-- —
.who proved to me on the basis of satisfactory evidence to be the person(4whose name(
is/ar---subscribed to the within instrument and acknowledged to me that he/sey/executed the same in
hiss authorized capacity(iG4 and that by his it signatureE4on 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.
WITNESS my hand and official seal.
MrN8r4 KNECHT
OOMM.*2117799 m
u� L-
NGE� Notary P
my CortMn Exp.JUNE 29,2019
i
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
Cheryl Holmes,Janice Takeuchi, Margaret Weglicka,Anne Marie Sheehan,Steve Hogan,Courtney Lim,Jake Schuett,
Latasha Rouse,Roxanne Villa,Taiasha Cunningham,Individually
of Toronto,ON,their true and lawful Attorneys)-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 CN`A Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
axed on this 15th day of July,2016.
spy o''sUgUy 1HSURq,y o Or oc Continental Casualty Company
L' �j, National Fire Insurance Company of Hartford.
�� ooaROR�rF z ; e4` 0RPDR4Tfp c American Cas alty Company ofReadinc,,Pennsylvania
Z JULY 11,
0 SF1U_ Y y � �? � 1902
Paul T.Bruflat Vice President
State of South Dakota,County of Minnehaha,ss:
On this 15th day of July,2016,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.
.,.••..t
J.bloHR r
SEMI SOtJi}1 d1KCiA 5£�L
(J-7
My Commission Expires June 23,2021 J. Mohr 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
��cnsugLry �KsuRq yc Or oo Continental Casualty Company
National Fire Insurance Company of Hartford
oavoRA7Z o .* c
c _ }t C,; ¢ ` 4RPOR4rfO = American Casualty Company of Reading,Pennsylvania
ZO ` j JULY 31,
u SEAL Y y � y 1902 r
7 897 NARZF •
D.Bult Assistant Secretary
Form F6853-4/2012