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Pardee Homes Faithful Performance Bond TM32277 929644883FOR: Streets and Drainage $ 4,478.000.00 TracUParcel Map 32277 Rec. Water System $ 269.500.00 Sewer System $371 000.00Total $ 8,664,000.00 Surety The Continental lnsurance Companv Principal Address 14455Frazee Rd. #300 Address Bond No Premium 929644883 $ 34.656.00 Pardee Homes 1250 Corona Pointe, Suite 600 *Flood Control $ Dom Water System $ Z 992 000 553.500 00 City/State San Dieqo. CA City/State Corona. CA Zip 92108 ora70 Phone 619-6B2-3508 Phone 951-428-4435 WHEREAS, the City of Menifee, State of California,and Pardee Homes (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 Tract32277, 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 The Continental lnsurance Company ,AS surety, are held and firmly bound unto the City of Menifee in the penal sum of Eioht Million Six Hundred Sixtv Four Thousand an d no/100, Dollars, $ 8,664,000.00 , 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 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. 9t8/t 5 MENIFEE FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) .00 Zip FAITHFUL PERFORMANCE 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 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 for the one-year maintenance period provided for in the agreements(s). lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on March 16 NAME OF PRINCIPAL: Pardee Homes AUTHORTZED STGNATURE(S): all l/"ffi Title: vP lg-r.'.-.' r +.a Dz'rzatop-.2rn1- (rF coRPoRAT|ON, AFFTX SEAL) NAME OF SURETY: Th ran AUTHORIZED SIGNATURE: nroe, Attorney-in-Fact Title (rF coRPoRATrON, AFF|X SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT. Janina 9/8/15 2017 By: ALL. PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certilicate verilies only the identity of lhe 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 Oran e On MAP I 6 70ri before me, ) ) Gina L Garner, Notary Public th.G inEn .Eru .nd uU. or lrr on'c) personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the person(gl whose nameS) is/1xg subscribed to the within instrument and acknowledged to me that hflshe/ftay executed the same in hie/herithoir authorized capacity(iiirx and that by hio{her/lbair signature(€i on the instrument the personS, or the entity upon behalf of which the person(ol acted, executed the instrument. the foregoing paragraph is true and correct. GINA L, GARNER I} WTNESS my hand and official seal coMM. # 2021213 NOTABY PUBLIC CALIFOFNIAo i o DESCRIPTION OF THE ATTACHED DOCUMENT (Title or ol documen b3 (Tite d d€scridim o, eta.$gd documoit c!.rlrnu€d) Number ot Pages J gn ^"n1g"1"31u /fi ORANGE COUNTY My mmm ex res May 18, 2017 (Nolary Public Seal) -a INSTRUCTIONS FOR COMPLETING THIS FORM Th6[o,tnco phctlltth cutrc t (auonu stdfitt.s r.gurlng Doto,'t'\t oklhg ond, lfaccded. tho d b. conpl.ted a d alach.d to the doctt,ncnt- Ac|nohedgcnts.lro l oth.r statct n|,,r' b. cot tpl.tedlor docuarurs beng x t to thot state lo lo,rg as th? \otdtng dnr! nat nqury the Cali/orh,o noto, t- to tolat. Covornio notaD, lat . Slatc snd Counly rntbnnatron hus( bc thc Slflc and ( ounty *her( rh( d()cummt siSner(s) pcrsonslly rpFjard bclbrc lhc noury pubhc li}l scknowledgmcnr. Darc of nourizrron musr bc lhe dur. rhal the signcr(s) Frs()rally "pEared which musl also bc thr samc &te thc 6cknowled8mmt is compleied.. 'ltc notrry puhlic musi pnnr hi! or her name ls it rprrcsB wi$rn hrs or het commisson follor ci hy a comm, and fim your lnlc (notaD puhlic ). Prrl thc namc(s) of documdnr srgncrls) who pcronally apfrcar rhe hm.. of . lndicale thc correci singular or pluml lonns by crossing off inuortuct fonns (i.e. I€/shc/rhqr rs /o€ ) or crcling thc corr€ct forms. l-ulurc to conelrly indicate Grs rrfonnarion may lcsd ro rcjcclion ofdo(umcnr rEordin8.. ltc no(ary seal "nrrclsion musr b. clcrr aDd photolrlphtcally r.produc'blc lmprcssion murr nol cover rcxl or Lncs. lf scal nnnrcssrcn smudtcs. rc-s€l rf a sumcienl arcl pcnuirs. othcrvisc conrplelc a difltrcnl ilckno$ ledF cnl lonn.. Signarur. of(he notary public musl nratch rhc srgn.Nrc on l'ilc wilh lhc oflicc of fic lounty clcrl.+ Addilional iflfomalion rs nol r.{!ircd bur eould hclp tI, crrsurc this ocknowl.{gnimr is nor nrisuscd or alta.hcd lo a diffcrcnr documcor.{. lndrcar( lrtl( m tyr,( of atbched d(rument, numi-{r of Fger and darc,, lndicatc thc capacrty clarmd by ihe signcr lf thc claimed capocrty is a corponr olliccr. indicrl. ihc rtlr ti.e. ( [O, ( r(), Se.retary). Scc!rcly lrlach l}lis d(Eurrcnr ro rhc srgncd do.urrcnl wlth s staple ry Public Signature CAPACIry CLAIMED BY THE SIGNER tr lndividual (s)E Corporate Oflicer (Tillef Partne(s) Attomey-in-Fact Trustee(s) Other tr a tr D I certifo under PENALTY OF PERJURY under the laws of the State of California that ADDITIONAL OPTIONAL INFORMATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By Th$e Presents, That The Continental Insumnce Company, a Pennsylvania insumnce company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue ofthe signature and seal herein atlixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its tlue and lawful Attomsy(s)-in-Fact with full power and authority hereby conferred to sign, seal ard execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - ln Unlimited Amounts - and to bind thern thereby as fully and to the same extent as if such insfuments were signed by a duly authorized officer of the insuruce company and all the acts of said Attomey, pursuant to the authority heteby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority ofthe By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors ofthe insurance company. tn witness whereof, The Continental [nsurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of Decembo, 2016. The Continental Insumnce Company iZ.:B Paul Vice President State ofSouth Dakota, Counry of Minnehah4 ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he resides in tie City ofSioux Falls, State ofSouth Dakota; that he is a Vice President ofThe Continental Insumnce Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal ofsaid insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursusnt to authority given by the Board of Dire€tors ofsaid insurance company and that he signed his name thereto pursuant to like authodty, and acknowledges same to be the act and deed ofsaid insurance company. My Commission Expircs June 23, 2021 J. Mohr Notary Public CERTIFICATE l, D. Bult, Assistant Secretary ofThe Continental lnsurance Company, a Pennsylvania insurance company, do hereby certifl that the Power of Attomey herein above set fbrth is still in force, and funher certifu that the By-Law and Resolution ofthe Board of Directom ofthe insuftrnce company :;;fii,,;|"."""*"n*""r'.jjl:T.rc".,l|frtrTrd,Ytrr,.".v"r Tbscribedmynameandafnxedthcsealofthesaidinsurance c GSs) J, MOHR Form F6850-4/2012 D. Bult Assistant Secretary The Continental Insurance Company Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL TNSURANCE COMPANY This Power of Attomey is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf ofthe Company provided that the narne ofsuch authorized officer and a description ofthe documents, agreements or instruments that such officer may sign will be provided in writing by the Crroup Vice President to the Secretary ofthe Company prior to such execution becoming effective." This Power of Attomey is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of anomeys on behalfof The Continental lnsurance Company. This Power of Attomey is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directon of the Company by unanimous wriften consent dated the 25t day of April, 2012: "Whercas, the bylaws ofthe Company or specific resolution ofthe Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undenakings and other obligatory instnrments oflike nature; and Whereas, fiom time to time, the signature ofthe Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." cal.tFoRNla aLL-PUBPOSE ACKI{OWLEDGUET{T CtVtL CODE S 1189 i(ce{- i A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity otthat document. State oi California County of Riverside On March 20,2017 before me,Ana E. Chavez Perez, Notary Public Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personh) whose nameh) is/fffi subscribed to the within instrument and acknowledged to me that hel€h€dthry executed the same in his*to0llrroi( authorized capacity{iui), and that by hisrllcdlordr signatureh) on the instrument the person(t), or the entity upon behalf of which the person(6) acted, executed the instrument. E I{OTARY coM MtssroN # 2l PUSLIC . CALIFORNIA 07702 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correcl. WITNESS my hand and official seal. RIVESSIDE COUNTYMyCorhm. Exp Aptit tg,21le Signature Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing thls information can deter alteration of the document or fraudulent reattachment o'l this form to an unintonded document. Description ot Attached Document Title or Type ol Document: Document Date:Number of Pages Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name D Corporate Officer - Title(s) Here lnseft Name and Title of tha Officer Jeff Chambers ANA E,CHAVEZ PE REZ trPartner- ! Limited E General D lndividual ! Attomey in Fact E Trustee n Guardian or Conservatorn Other: Signer ls Bepresenting:Signer ls Representing: Signer's Name: tr Corporate Officer - Title(s): !Parlner - tr Limited ! General! lndividual ! Attomey in Fact n Trustee n Guardian or ConservatorI Olher: -_ @20'15 National Notary Association ' www.NationalNotary.org . 1-800-US NOTARY 0-800-876-6827) ltem #5907 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 ofthat document. State of California County of B;y,,es,i ,lz On Ob-26- zo/7 before me,+rn",k ' !f",nbuzct.r la personally appeared {n -LL C hrt nbev5 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(rf @/are subscribed to the within instrument and acknowledged to me that [-qlshe/they executed the same in 1tr!g/her/their authorized capacity(ies), and that UXffsTner/tneir\-: ' signature(sfon the instrument the person(s! or the entity upon behalf of which the person(sf 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. .arcsitrAla.br toa rrctl ccrxw Signatu re taaal--(Seal) WITNESS my hand and official seal.