Heritage Square Menifee, LLC Material and Labor Bond PM37624-1 800047307MATERIAL AND LABOR BOND
CIry OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
692,500.00 Project t\IcCall Sq uare Plv137 624-1
Other Proj. Ref
Bond No.
tP19-019
800047307
FOR: Streets / Drainage $
Flood Control $
Water System $
Rec. Water $
Sewer System $Total $
80,2 .00
19,500.00
83,500.00, 875,7 50.00
Premium $ 35,030.00
Surety Atlantic Specialtv lnsurance Companv Principal Heritaqe Square [\Ienifee LLC
Address 605 Hiqhwav 169 North, Suite 800 Address 41391 Kalmia Street, Ste 200
City/State Plvmouth, tVlN City/State [\Iurrieta, CA
Zip 55441 Zip 92562
Phone (952) 852-2431 Phone (951) 200-2376
WHEREAS, the City of lVlenifee, State of California, and Heritaqe Square Menifee, 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 public
improvements relating to lP19-019 , 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 l/enifee 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 surety, 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 Eiqht Hundred Seventv Five
Thousand Seven Hundred Fifty and no/100, Dollars $ 875,750-00 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, costs 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 null and void;
otherwise, it shall be and remain in full force and effect.
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
Civil 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 t\4av 8 2020
NATVIE OF PRINCIPAL Heritaoe Souare lVlenifee. LLC
AUTHORTZED STGNATU RE(S)
-,
By:
N n L , Stcptr€nSor
e: Yy\anager
(tF coRPoRATlON, AFFIX SEAL)
NAME OF SURETY nce
AUTHORIZED SIGNATURE
Its Attorney-in-act Title
(tF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.
!N.FACT.
CALIFORNIA ALL. PURPOSE
CERTIFICATE OF 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 Kentuckv
County of Jefferson
On May 8,2020 before me, Theresa Pickerrell, Notarv Public ,
personally appea red Brook T. Smith, Attorney-ln-Fac'!
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 hisiher/thetr authorized capacity(ies), and that by
his/he+/th'eir signature(s) on 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
Notary Public Signature Notary lD #: 633720
tes 1012612023.
(Notary Public Seal)
commission
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ADD!TIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages ___ Document Date_,,._
INSTRUCTIONS FOR COMPLETINC THIS F'ORM
Thrs.[orm complies yilh urrenl Caltfornia stalules regarding nolor]'vordtng uttd.
if needed, should be completed and atloched to the doarment. Acknovledgments
fronr other states may be completedfor documenls being sent to thal slate so long
as the wording does nol require the California nolary lo violate Californict nolar.J'
lat.
. State and County infonnation nrust be the State and C'ounty where the document
signer(s) personally appeared betbre the notary public lbr acknowledgment.
. Date ot'notarization nrust be the date that the signer(s) personallv appeared whrch
must also bc the same date the acknowledgnrent ts completed.
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comnrission lollo$cd b1 a conrnra and then your titlc (notart public).
o I)rint the name(s) ol'docunrent signerlsl who prrsonally appcar at the time ol'
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. lndicate the conect singular or plural forms by crosslng otf incorrect fbrms (i.e.
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lnrpressron nlust not cover text or lines. lf'seal impression smudges, re-seal ifa
sufflcient area permits. otherwise complete a difterent acknowledgnrent tbrm.. Signature of'the notar)' publio nrust matclr tlre signature on tlle with the ofllcc ot'
the county clerk..:. Additional infbrmation is not required hut could help to ensure this
acknou'lctignrent is not rnisused tlr attached to a diUerent docunrcnt.
* Indicate titlc or typc of'attached docunrent. nurnber ol'pagcs and date..|. Indicate the capacity' claimed by the signer. If the claimcd capacity is a
corporate olficer, rndicate the title (i.e. CEO. CFO. Secretary).
o Securely attach this document to the signed document with a staple.201 5 Versron vwwv.NotaryClasses.com 800-873-9865
CAPACITY CLAIMED BY THE SIGNER
tl lndividual (s)
tr Corporate Officer
(Title)
Partne(s)
Attorney-in-Fact
Trustee(s)
Other
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KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.
Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its
under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all
other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of
the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of
ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and alI other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact sha[[
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-ninth day of April, 2019.
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By
STATE OF MINNESOTA
HENNEPIN COUNTY
This Power of Attorney expires
January 31, 2023
Paul J. Brehm, Senior Vice Presidenttf
On this twenty-ninth day of April, 2019, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
Notary Public
l, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now
signedandseated. oated 8th aavof ft1ar4 .2S4OJ
in force.
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"qRP0847.-SEAL.
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!Christopher V. Jerry, Secretary
ffi M'i{NDALY A}lN I"AMERE
NOTARY PUBUC MINNESOTA
My Commisslm ErpirQs
January 31 2023
ftrd
INSURANCE GROUP
CALIFORNIA ATL.PURPOSE ACKNOWLEDGMENT crvrL coDE 51189
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 ?,,,t*.'oa
On before me,
Dote /nsert Nome ond Title Officer
personally appeared
Nome(s) of Signe(s)
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who proved to me on the basis of satisfactory evidence to be the person(slwhose namel:f,@re subscribed
to the within instrument and acknowleCged to me that@J/she/they executed the same in@her/lhet
authorized capacity(ies), and that bi(@/her/their signature{efon the instrument the persodsfor the entity
upon behalf of which the persop{s)-atted, executed the instrument.
tr lndividual
El Trustee
n Other:
Signer is Representing:
CINOY R. Y{ITH
Notary Public - Glifornir
Riverside County
Commrssion i 2252165
lly Comm. Erpires Aug 21 , 2022
El Attorney in
n Guardian
z
I certifo 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.
Signatu
of Notory PublicPloce Notory Seol ond/or Stomp Above
OPT!ONAL
Completing this informotion con deter olterotion of the document or
froudulent reottochment of this form to on unintended document.
Description of Attached Docum
Title or Type of Document:
Document Date:Number of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:s Name
tl Corporate Officer - Title(s):rate Offlcer - Title(s):
tl Partner- tr Limited n General - n Limited
lndivi
Trustee
tr Other:
Signer is
n General
El Attorney in Fact
n Guardian of Conservator
A2Ofi National Notary Association
Rep ng
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