Lennar Homes of California, Inc. Faithful Performance TR37178/TR2017-094 380039S Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
COMMON AREA LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
1-Year Maintenance $ 189 580.00 Tract/Parcel Map TR 371781TR 2017-094
Other Project No. PP2018-203/PP2017-095
Total $ 3,056,542.61 Bond No. 380039S
The Townes DA2 (Menifee Town Center) Premium $9.170.001annum
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 common area
landscape materials and installation, related to (Tract/Parcel) TR 37178, 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, FIFTY SIX THOUSAND,
FIVE HUNDRED FOURTY TWO and 611100 Dollars ($3,056,542.61) iawful 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 became 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.
NIP
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 October 8 , 2018
NAME OF PRINCIPAL: Lennar Homes of California, Inc. a California corporation
AUTHORIZED SIGNATURE(S):
By:
Name: C�CDSrvrtlk
Title:A*1Azn7-ed
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Developers Surety and Inde nity ompany
AUTHORIZED SIGNATURE: Mechelle Larkin
Its Attorney-in-Fact Title
(IF CORPORATION,AFFIX SE-Al)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
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68" § MOD 11AID 1NMOC33IMON)MY BSOdand-11V VINHOJIM
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 OCT 0 8 2010 before me, Kathy R. Mair, Notary Public _
DATE [Name of Notary Public and Title"Notary Pub5c]
personally appeared MechelleLarkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
[Name(s)of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(-s-} is/a-re
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in h&/her/t#eir authorized capacity(iW, and that by his/her/t4& signature(-s-} on the instrument
the persons}, 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.
i
WITNESS my hand and official seal.
KA;T,yYR M;AIR
1 Notary Public-
California
Orange County
UL�Commission k 2193966omm.Expires May 22,2021
Signature of N ary Public
Place Notary Sea!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 Attomey,qualifying the attomey(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 or Assistant Secretary this 6th day of February,2017.
fD'ezo',-�By: t•t AND fHa ��P AN Y pc
Daniel Young,Senior Vioe-President J�Jo
.........
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C3.
F •.�rs �. rF r
o cl I
UJt
Mark Lansdon,Vice-President ?�a•* � �;' ' QFOPk
!'''spa....•.•
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 docun-rent.
State of California
County of Orange
On February 6,2017 before me, _ Lucille Raymond,Notary Public
Dale Here InW Nana and ifle d Me ORbw
personally appeared Daniel Youno and Mark Lansdon
Name(s)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 helshelthey executed the same in hislhefltheir authorized
capaciMies),and that by hislherltheir signatures)on the instrument the person(s),or the entity upon behalf of
I—At—S LUCILLE FiAYMQND which the person(s)acted,executed the instrument.
Commission#k 2001945
1 I%v
Notary Public-CalWarnia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange Couety true and correct.
My
Comm. Expires Oct 13 2019 1,
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Lucille ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secre*,y&DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attomey remains in full fore:and has oat been revoked and.f,!rthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in for--as of the date of this Certificate.
rty y `z t AND fti'•. �� P y 0
This Certificate is executed in the C of Irvine,Lati.amia,>ti� day of d�T 0� 7Q�� k'•
hJ Qyrpa 4.". t'= �G QQPOR4`
:4
By: �w 1936
Cassie J. rrisford,Assistant S o tary o: W °` b
�as7�,•1rFdFe;�a• �yi C'4[rFOY,`ti�P b
ATS-1002(02117) O••.