New Cingular Wireless PCS, LLC Faithful Performance Bond SU1169140Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE
1-Year Maintenance $ 7,200.00 TracUParcel Map
Other Project No.cuP2019-016
Total $14,808.00 Bond No. SU1169140
Surety ARCH INSURANCE COMPANY Principal NEW CINGULAR WIRELESS PcS, LLc
Address Three Parkway, Suite 1500 Address 1025 Lenox Park Blvd. 3rd Floor
City/State Philadelphia, PA City/State Atlanta, GA
zip se(s 19102 Zip 3031 I
Phone 215-606-1650
WHEREAS, the City of Menifee, State of California, and,NEW CINGULAR WIRELESS PCS 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 landscape
project, related to (CUP2019-016), 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 ARCH INSURANCE COMPANY as surety, are
held and firmly bound unto the City of Menifee in the penal sum of Fourteen Thousand Eioht
Hundred and Eiqht and No/100 Dollars ($14.808.00) laMul 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 fullforce 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.
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE 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.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on November 6 2020
NEW CINGULAR WIRELESS PCS, LLC
NAME OF PRINCIPAL: by AT&T MOBILITY CoRPoRATloN, its MANAGER
ORAre:
AUTHORTZED STGNATURE(S):
By:
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Name: Sherri Bazan
Title: Assistant Treasurer
(tF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY: ARCH INSURANCE COMPANY
AUTHORIZED SIGNATURE:
izabeth p. Cervini, Attorney-in-Fact
(tF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certifieate is
attached, and not the truthfulness, accuracy, or
vali of that document
SOpxXX&X)ftXXX State of Texas
BXXX!9O(County of Dallas
On November 6 2020 before me.Gina Maiale, Notarv Public
(insert name and title Xi0tDOtrcet)
personally appeared Sherri Bazan
who proved to me on the basis of satisfactory evidence to
subscribed to the within instrument and acknowledged to r
be the personfi)whose namefi) is&fg(
me that lQ{/she/lbey executed the same in
Xhlher/Dbex authorized capacity(Fx), and that by Xr/herlffiX signature(t) on the instrument the
person(1), or the entity upon behalf of which the personfi) 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
Signature (Seal)
GINA MAIALE
Nolary Pubtic. State of Toxlr
Comm. Expires 05- l 0-2022
Nota to 12826702-5
Print Form
)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certiicate is
attached, and not the truthfulness, accuracy, or
of that document.
S0dxrilFA{frilt0|a Commonwealth of Pennsylvania
OoooryU County of Chester )
On November 6,2020 before me,Elizabeth B Penril Notarv Public
(insert name and title Xr0hEffiOfi)
perscnally appeared Flizaheth P Cervini
who proved to me on the basis of satisfactory evidence to be the person(r)whose nane(x) is/aoe
subscribed to the within instrument and acknorledged to me that htUshe/thE! executed the same in
hle/her/ltnir authorized capacity()es), and that by Xls/her/Utxk signature(x) on the instrument the
person(r), or the entity upon behalf of which the person(x) 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 officialseal
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Signature (Seal)
su 1169140
This Power of Atlorney limits the acts of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, lnterest Rate or Residential
Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
David A. Johnson, David C. Rosenberg, Denise M. Bruno, Elizabeth P. Cervini, Harry C. Rosenberg, Jonathan F. Black, Joyce M
Houghton, Julia R. Burnet, Matthew J. Rosenberg and Stephanie S. Helmig of Wayne, PA (EACH)
its true and laMul Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninety Million Dollars (90.000.000.00).
This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding
upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15,2011, true and accurate copies of which are hereinafter setforth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15,2011
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary,
the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed
pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and
certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00M10013 00 03 03 Page 1 of 2 Printed in U.S.A.
su 1169140
ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 13th day of Februarv, 2019
Attested and Certified Arch lnsurance Company
Patrick K. Nails, Secretary
David M. Finkelstein, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
l, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same
persons whose names are respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a Corporation
organized and existing underthe laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in
person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the
said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes
therein set forth.
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Michele , Notary Public
CERTIFICATION My commission expires 0713112021
l, Patrick K. Nails , Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Februarv 13,
2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the
date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch lnsurance Company.
lN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch lnsurance Company onthis 6th ds, o1 November 2020
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES R.ELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch lnsurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
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00M10013 00 03 03 Page 2 of 2 Printed in U.S.A.
Assets
Cash in Banks
Bonds owned
Stocks
Premiums in course of collection
Accrued interest and other assets
Total Assets
Liabilities
Reserve for losses and adjustment expenses
Reserve for unearned premiums
Ceded reinsurance premiums payable
Amounts withheld or retained by company for account of others
Reserve for taxes, expenses and other liabilities
Total Liabilities
Surplus as regards policyholders
Total Surplus and Liabilities
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31, 2019
Attest:
$
$
$
$
$
66,834,581
2,773,669,218
632,027,703
481 ,916,1 66
567 156 420
s 4,521,604,088
$ 1,890,227,649
$ 812,210,429
$ 296,890,508
$ 158,378,578
$ 408,441,322
3,566,148,486
955 455 602
$ 4,521,604,088
By
Se-nfor Vice President, Chie -----..--
Financial Officer and Treasurer
Senior Vice Presi
General Counsel and Secretary
State of New Jersey )
)
County of Hudson )
NoJary Public
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SS
Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and
Patrick Kenneth Nails, Senior Vice President, General Counsel and Secretary being duly sworn,
of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct
statement of financial condition of said company, as of December 31 , 2019.
,.,,',.'T'|
Subscribed and sworn to before me, this {'i day of February,2020
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st28,2021
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