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Pulte Home Company, LLC Material and Labor Bond TM3210 US00096674SU20A& I ::, ffi FOR: Grading / Drainage Erosion Control WQMP Total City/State Exton. PA Zip 19341 Phone 630468-5600 MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 6e199.1) .00 Tract 1 .00 Other Project No. $ 3210 BondNo. US00096674SU20A PfemiUm $ lncluded with the Performance Bond LLC Suite 300 City/State Mission Vieio. CA Zip 92691 Phone (951) 538-s835 Surety XL Specialtv lnsurance Companv Principal Pulte Home Address 505 Eaq Blvd.Address 271O1 Puerto WHEREAS, the City of Menifee, State of California, and Pulte Home Company. LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principalagrees to install and complete the above designated Grading, Erosion Control & WQMP relating to Tract32102, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the civil code of the state of california; NOW THEREFORE, said principal and the undersigned, as corporate su rety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers,material persons and other persons employed in the performance of said Civil Code in the sum of Nine Hundred Seventv one Thousand . two hundred and fiftv and no/l00 ,Dol lars, $971,250.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costls and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become nult and void; otherwise, it shall be and remain in fullforce and effect. 918fi5 $ 971,250.00 MATERIAL AND LABOR BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to 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 Civi! Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on September 23, 2020. Pulte Home Companv. LLC. AUTHORIZED STGNATU RE(S) : By: SEE ATTACHED Name: D. Bryce Langen Title: VP & Treasurer (tF coRPoRATtON, AFFTX SEAL) NAME OF SURETY: XL Specialtv tnsurance Comoanv ffi)\sJzAUTHORIZED SIGNATURE: James l. Moore Title: Attorney-in-Fact (rF coRPoRAT|ON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. 9/8^5 executed ,n, &hU)day of Pulte Home ComPanY, ll.C 2020 PRINCIPAL It D. Bryce Notary Attached VP & Treasurer Power of Attomey XL Specialty lrEurance Cornpany XL Rdnsurance Arnerica Inc. BOND NUMBERUSOOO96662SU2OA LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That xL Speclalty lnsurance Company, a Delaware tnsurance compantes wtth offtces located at S6s Eagleview Blvd., Exton, PA 19341, and xL Reinsurance America Inc., a New York insurance company wlth offices located at 70 Seaview Avenue. Stamford. CT 06902, , do hereby nomlnate, consutute, and appolnt: fames I. Moore each its true and lawful Attorney(s)-ln-fact to make, execute, attest, seal and deliver for and on lts behalf, as surety, and as its act and deed, where requlred, 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 $100,000,000.00. Such bonds and undertaklngs, when duly executed by the aforesaid Attorney (s) - in - Fact shall be bindlng upon each said Company asfully and to the same extent as lf such bonds and undertaklngs were slgned by the Presldent and Secretary of the Company and sealedwlth lts corporate seal. The Foter of Attorne, is granted ard b slgrEd by facslmile under and by the auubrity of the foflowing R€soluuons adopter, by ttle Board of DirecbIs of eadt of the Ompanies on the 26th day of JUV 2017. RESOLVED, that Gary Kaplan, Danlel Rlordan, Marla Duhart, Gregory Boal and Kevln Mlrsch are hereby appotnted by the Eoard as authorlzed to make, execute, seal and dellver for and on behalf of the Company, any and all bonds, undertaklngs, contracts or obligaflons ln surety or co'surety wlth others and that the Secretary or any Asslstant Secretary of the Company be and that each of them hereby ls authortzed 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 quallfying the attorney named ln the glven power ot 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 ts hereby authorized to attest the execution of any such power 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 afflxed to such powers of atto.ney ot to any certificate relatlng thereto by facsimile, and any such power of attorney or certlficate bearing such facslmlle slgnatures or facslmlle seal shall be thereafter valld and blndlng upon the Company with respect to any bond, undertaktng, contract or obllgatlon ln surety or co-surety rylth others to which lt Is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused lts corporate seal to be hereunto afftxed, and these presents to be slgned by lts duly authorized officers thls April 13th, 2018. XL SPECIALTY II{SURA,{CE COITIPA{Y by:4oag Gregory Boal, VICE PRESIDENT STAIE OF PENNMVANIA @UNTY OF CHESIER 6^;l'^p@-QAttest: Kerin M. Ml6ch, ASSISTAilT SECRETARY On thls l3th day of Aprll, 2018, before me personally came Gregory Boal to me knoryn, who, belng duly sworn, dld depose and say: that he ls Vlce Presldent of XL SPECIALTY INSURANCE COMPANY, descrlbed in and whlch executed the above instrument; that he knows the seals of sald Companles; that the seals afflxed to the aforesald lnstrument ls such corporate seals and were afftxed thereto by order and authorlty of the Boards of Dlrectors of sald Companles; and that he executed the sald lnstrument by llke order.tffi c.Rcbccca PublicShalhoub.t sdtlun Chcator Commlrrlon 28, SEAL sB0042 Reb€cca C Shalhoub, NOTARY PUBLIC ,x\ STATE OF PENNMVANIA @UNTY OF CI.IESIER I, Kevln M. Mlrsch, Asslstant Se$etary of xL SPECIALfi INSURANCE COMPANY, a corporatlon of the Sbte of Delaware, do hereby cerufythat the above and forgolng ls a full, true and correct copy of a Power of Attorney lssued by sald Companles, and that I have comparedsame wlth the orlglnal and that lt ls a correct transcrlpt therefiom and of the whole of the orlglnal and that the sald power of Attorney G sflllln full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seal of sald Corporatlon, at the Ctty of Exton, thlslfg[_day ofSeptember.2020 K6/in M. Mirsch, ASSISfANT SECRETARY IN WITNESS WHEREOF, xL RElNSrt RAt'tcE AMERICA tNc has caused lts corporaE seal b be hersrnb affi)@d, and these tresents b be stgned by lts duVauthorlzed officers thls l3th day of ApdL 2018. XI- REITSURAiTE AllEnICA IIIG. by: C€gory Boal, VICE PREIDENT A'esr (r^; lq p@Q K6rh 1.1. I'flIsdl, AS$SfANT SECRErARY STATEOF PBTINMVANIA @UNWOFCX{ESIER On thls 13th day of Aprll, 2018, before me personally came Gregory Boal to me known, who, belng duly sworn, dld depose and sayt that he ls VIce Presldent of )G REINSURANCE AMERICA INC, descrlbed lo and whlch executed the above lnskumen$ that he knows the seal of sald Corporagon; that tfie seal affbted to the aforesald lnstrument ls such corporate seal and was afflxed thereb by order and autlrorlty ofthe Board of Dlrecbrs of Renecca C Stra[n$, J'IOTARY PUBIIC STATE OF PENNMVANIA @UNTYOFC}IESIB, I, Kevln M. Mlrsch, Asslstant Secretary of xL REINST RANCE AMERICA INc. a corporauon of the State of New yorh do hereby certlfy that theperson who executed thls Power of Attorney, wlth the rlghE, respectlvely of XL REINSURANCE AMERICA INC., do hereby cerufy that the above and forgolng ls a full, true and correct copy of a Power of Attorney lssued by sald Corporatlon, and that t have compared same wtth the orlgtnal and that lt ls a correct transcrlpt therefrom and of the whole orlglnal and tlat the sald Power of Attorney ls stlll ln full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seal of sald Corporauon, at the Gty of Exton, grls 23rd dav of September. 2020 (,-;l'^M;--Q 6;-t"\M;J Thls Power ofAttorney mry rpt be used b exeoJb any bond tvith an lnception date lGrh l,t Mlsdr, ASSLsfAl\r SECRETARY SEAL c.Rcbccca Public tlwdrlan Commlglon 2E, NOTARIAL SEAL sB0042 4l'131202312:00:00AM 4a@ Shalhoub. ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGTA) / ss. couNTY oF FULTON) This record was acknowledged before me on September 23,202A, 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 ature of ry Public Shirley E. Hutchins Notary Public Sfafe of Georgia My Commission Expires: March 18, 2022 SHIRLEY E HUTCHINS Notary Public Stale of Georgia Fullon County My Commrssion Expirrrs Mar ig, 2022 State of Illinois County of DuPage On Jep!9!sbq23-2820, 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 of XL Specialty Insurance Company the corporation described in and that executed the within and foregoing instrument, and known 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 9/10/21 McComb, Notary Public ss. tI ) ) iubtic.Not.l Y