Pulte Home Company, LLC Faithful Performance TM32102 US000096674SU20AFAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
C]TY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 6A+99.1)
FOR GRADING:
Precise Grading
Erosion Control
Landscape
Total
$ 1616 00
$___326.000.00_
Surety XL Specialtv lnsurance Companv
Address 505 Eaqleview Blvd.
Tract Map 32102
Other Projec{ No. _
Bond No.
-
USOOO96674SU2OA
Premium $5.828.00
Principal Pulte Home Companv. LLC
Address 27401 Los Altos. Suite 400
s
City/State Exton, PA City/State Mission Vieio. CA
zip code 19341 92691
Phone 630-468-5600 Phone (949) 330-8536
WHEREAS, the City of Menifee, State of Califomia, and, Pulte Home Companv. 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 grading project, related to (GP)
, 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 fumish bond(s) for the
faithful performance of said agreement(s);
NOW THEREFORE, we the principal and XL Specialtv lnsurance Companv , as surety, are held
and firmly bound unto the City of Menifee in the penal sum of One Million nine hundred forty two
thousand five hundred and no/100, Dollars ($1,942,500.00) 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, sr,lccessors or assigns, shall in allthings stand to and abide by, and welland 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 fullforce and efiect.
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.
zip
GP I 7-04 I P Faithfu I Performance
f,l
$ 1.942.s00.00
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
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.
When the work covered by the agreement is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by 90% with the
remaining 10% held as security Until the California RegionalWater Quality Control Board
issues a Notice of Termination.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on September 23,2020.
NAME OF PRINCIPAL: Pulte Home Company, LLC
AUTHORTZED STGNATURE(S):
By: SEE ATTACHED
Name: D. Bryce Langen
Title: VP & Treasurer
NAME OF SUREW:
AUTHORIZED SIGNATURE:
(tF coRPoRATlON, AFFIX SEAL)
XL Specialtv lnsurance Comoanv
Moore, lts Attorney-in-Fact
@
Title
(tF coRPoRATION, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
GP I 7-041 P Faithful Performance
2020.
Pulte Home ComPanY'LLC
PRINCIPAL
BY: D. Bryce VP & Treasurer
Notary Attached
executed this a*j,ol dayof W
Po$rer of Atomey
XL Specialty lr&rance Co.npany
)G Reingtrance &n€rica Inc.
BOND NUMBER USOOO96662SU2OA
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That XL Speclalty Insurance Company, a Delaware lnsurance companles wlth offices located at 505
Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offlces located at 70 Seaview Avenue,
Stamford, CT 06902, , do hereby nomlnate, constltute, and appolnt:
|ames I. Moore
each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where regulred, any and all bonds and undertaklngs ln the nature thereof. , for the penal sum of no one of whlch ls ln any event to
exceed 1100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesald Attorney (s) - ln - Fact shall be blnding upon each said Company as
fully and to the same extent as lf such bonds and undertaklngs were slgned by the Presldent and Secretary of the Company and sealed
wlth lts corporate seal.
The Power of Atome, ls gcnted and b *ned by facslmlle under and by the auuority of the folowho R€sotrruons adopted by th€ Board of Dir€cbrs of each 0f th€
Compani6 on the 26th clay ofJuV 2017.
RESOLVED, that Gary Kaplan, Danlel Rlordan, Marla Duhart, Gregory Boal and Kevln Mlrsch are hereby appolnted by the Board as authorlzed
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertaklngs, contracts or obllgatlons ln surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby ls authorized to
attest the executlon of any such bonds, undertaklngs, contracts or obllgatlons ln surety or co-surety and attach thereto the corporate seal oF
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney quallfyhg the attorney named ln the glven power of attorney to execute, on behalf of the Company, bonds and undertaklngs ln surety
or co-surety wlth others, and that the Secretary or any Asslstant Secretary of the Company be, and that each of them ls hereby authorized to
attest the execution of any such polver of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the slgnature of such offlcers named ln the precedlng resolutlons and the corporate seal of the Company may be
affixed to such powers of attorney or to any certlficate relatlng thereto by facsimile, and any such poyyer of attorney or certiflcate bearing such
facslmlle slgnatures or facslmlle seal shall be thereafter valld and blndhg upon the Company wlth respect to any bond, undertaklng, contract or
obllgatlon In surety or co-surety wlth others to whlch lt Is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COITIPANY has caused its corporate seal to be hereunto afflxed, and these presents to
be slgned by lts duly authorlzed officers thls Aprll l3th, 2018.
XL SPECIALTY IIISURATICE OOiIPAI{Y
by:
Gregory Boal, VICE mESIDENT
STATE OF PENNMVANIA
@UNTY OF C}IESTER 6^;t"\M;JAttest:
Kevln M. Mirsch, ASiSXSitAfff SE€RErARY
On thls 13th day of Aprll, 2018, before me personally came Gregory Boal to me known, who, belng duly sworn, dld depose and
say: that he ls vlce Presldent of xL SPECIALTY INSURANCE COMPANY, descrlbed ln and which executed the above lnstrument; that
he knows the seals ot sald Companles; that the seals afflxed to the aforesatd lnstrument ls such corporate seals and were afflxed
thereto by order and authorlty of the Boards of Dlrectors of sald Companles; and that he executed the sald lnstrument by llke
order.
ai
SEAL
Rcbcccg C. Shalhouh Notrry Publb
t wdrlsn Twp., Chcrtor Couttf
Cornmlulon Expatca Apdl 2E. 2020
s80042
c.
Rebeaca C Shatrpub NOTARY PUBLIC
/ry\
4c,6-?
OF
STATE OF PENNMVANIA
@UNTYOFO{ESIER
I, Kevln M. Mlrsch, Asslstant Secretary of XL SPECIALTY INSURANCE COMPANY, a corpotaHon of the Sbte of Detaware, do hereby cerfffythat the above and forgolng ls a full, true and corect copy of a Power ol Attorney lssued by satd Companles, and that t have comparedsame wlth the orlglnal and that lt ls a correct transcrlpt therefrom and of the whole of the orlglnal and that the sald power of Attorney G sullln full force and effect and has not been revoked.
IN WITI'IESS WHEREOF, I have hereunto set my hand and afflxed the seal of sald Crrporatton, at the Clty of Exton, thts23l(l-day ofSeptember.2020
KA'h I,I. I'IITSC'I, ASSISTANT SECRETARY
IN WITI{ESS W}IEREOF, XL REINSI MI{CE AMBICA INC has caused lB conoraE seal b be hercnnb amcd, and EEse preents b be slgned b{ frs duly
autlDr&ed offi@rs thls trlth day of Aprll, 2018.
XL NEII{SURAI'CE AXERICA lirc.
6;-lv.,u^*-Q
4
(,^;- lv\ M*-Q
by:
Grcgory Boal, VICE PREIDENT
Aesh b^;- lr^ M;^-Q
l(6rh M. lrllrsctr, ASSISfN{T SECRErARY
STATE OF PE,INSYIVAI.IIA
@UNTYOFCI{ESIER
On thls 13th day ofAprll, 2018, before me personally came Gregory Boal to me known, who, belng duly sworn, dld depose and say: that he Is VIce
Presldent of XL REINSURANG AMERICA lNC, descrlbed ln and whlch executed the above lnstrumenq that he knows the seal of sald Corporagon;that the seal affbted b the aforesald lnstrument ls srch corporate seal and was afflxed thereb by order and authorlty of the Board of Dlrectors of
Rebelca C SElho6, I{OTARY PUBLIC
STATE OF PENNS'YLVANIA
@UNTY OFC}IESIER
I, Kevln M. Mlrsch, Asslstant Sesetary of XL REINSURANCE AMERICA INC. a corporaUon of the State of New York, do hereby cergfy tSat theperson who executed thlB Povrer of Attorney, wlth the rlghts, respectlvely of XL RETNSUMNCE AMERICA INC., do hereby cerfify that the above
and forgolng ls a full, true and correct copy of a Power of Attorney lssued by sald Cr0orauon, and tllat I have compared same wtth the orlgtnat
and that lt ls a correct transolpt therefrom and of the whole orlglnal and that the sald Power ofAttorney ls sflll ln fult force and effect and has
not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seat of sald Corporauon, at the Oty of Exton, Urf 23rd
dav of September,2020
C
+l'$:&*t.,u}tr;i*i
Thls Power of Atbrney may rEt be used b exeqtte any bond with an lncept{cn daE
lG,h ltL MLsch, ASSISrAIT SECRETARY
c.Rebccca Shalh Publicoub.NotrrytlrdrlanChcgtor
Commlglon 2A,
NOTARIAL SEAL
s80042
4l'131202312:00:00AM
a?
State of lllinois )
)ss
County of DuPage )
On September 23. 2020, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and swom, personally appeared James l. Moore known to me to be Attomey-in-Fact ofXL Specialtv Insurance Company the corporation described in and that executed the within and foregoing
instrument, and knovwr to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
My Commission Expires 9l10/21
McComb, Notary Public
J.
ot lllinoltP ublic.Norrr Y
ACKNOWLEDGEMENT BY PRINCIPAL
srATE OF GEORGTA)
/ ss.
couNTY oF FULTON)
This record was acknowledged before me on September 23, 2020,
appeared D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC,
provided to me on the basis of satisfactory evidence to be the person who
appeared before me and is personally known to me.
WITNESS my hand official seal
ignature Public
Shirley E. Hutchins
Notary Public Sfafe of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Nolary Pubiic Stale of Georoia
Fullorr Countv
My Commission Expires Mar 1g, 2022ilh"Zrfu