Sutter Mitland 01, LLC Material and Labor TM36485-F TM5235797MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CAL]FORNIA
(Government Code Section 66499.1)
Tract Map 36485-FFOR: Streets / Drainage $ 2.163.500.00
Flood Control $ 35.000.00
Water System $ 318.250.00
Total $ 2,877,500.00
The Guarantee Company of North America USA
Other Proj. Ref.
Bond 11e.' rvSZ35zsz
Premium $ lncluded w/ performance portion
Principal Sutter Mitland 01, LLC
Rec. Water System $
Sewer System $
25,750.00
335,000.00
Surety
AddfeSS one Towne Square, Suite 1470 Address 3200 Park Center Dr., Suite 1000
City/State Southfield.tut City/State Costa Mesa, CA
48076 Zip 92626Phone z+a-zarozat Phone (714\ 427-6
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01. 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 relatingto TR 36485-F , 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 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 Two Million Eisht Hundred Seventv-
Seven Thousand Five Hundred and no/100, Dollars, $ 2.877.500.00 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 ful! 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;
othenvise, 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 Auqust 1 st 2019
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORTZED STGNATU RE(S):
t(9By:
NAME OF SURETY: rhe Gu
DAVID E. BARTLETT
Vlce Presldent
(lF coRPoRATION, AFFTX SEAL)
of North America USA
Name:
Title:
AUTHORIZED SIGNATURE C)-- Debra Watterson
Its Attorney-in-Fact Title
(tF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.
IN.FACT.
A notary public or other officer completing
this certificate verified 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
SS
COLINTY OF Oranse
On 2019 before
appeared
proved to me on the basis of satisfactory evidence to be persoE(rfwhose
that
)
)
)
the same tn
Notary Public,
who
subscribed to
@n"vtt"l.
on the instrument the persog(61, or the entity
the
I certifr 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
@z
DANTELLE MoNlquE il0s5
Hot.ry Public ' Catiforni.
0ran3e CountY
Commission # 22!4681
Ity Comm. Expires Aug 17, 2022
me\
Notary Public
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verilies 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
County of
Michigan
Oakland
On 8t1t2019 before me,l-ora
(insert name and title of the oflicer)
personally appeared Debra Watterson
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
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on lhe instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifo under PENALTY OF PERJURY under the laws of the Strate of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal Lora O'Brlen
Notary Public, State ol Michlgan
County ol Oakland
My Commlsslon Expires April 21' 2024
Acting ln Oakland CountY1
Signature (Seal)
Lc a OrBr en
)
firuARANrEE.
The Guarantee Company of North America USA
$outhfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Debra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera,
Katie Coalson, Edward DeVries, Dwight Teter, Casey M. Strohauer, Montina Cenance, Olga Tasselmyer
The Guarantee Company of North America USA
its true and laMul attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and olher writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otheMise.
The execution of such inslrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COi/IPANY OF NORTH AMERICA USA
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 the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AIUERICA USA at a meeting held on the 31"tday of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1 . To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach lhe Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below3. ln connection wilh obligations in favor of the Florida Department of Transportation only, it is agreed that the pou/er and authority hereby given to the
Attorney-in-Fact includes any and all consenls for lhe release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. lt is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.4. ln connection with obligalions in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department
of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011 , of which the following is a true excerpt:
RESOLVED that the signature of any aulhorized officer and the seal of the Company may be affixed by facsimile to any Power of Atlorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
ffi!l*A/*
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
On this 1st day of March, 20'18 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal afiixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Direclors of said
Company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires Februory 27,2024
Acting in Ooklond County
lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above witten.
q"fl-; A.TaJ-L
l, Randall Musselman, Secretary of THE GUARANTEE COiTIPANY OF NORTH AMERICA USA, do hereby certiff that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AIUIERICA USA, which is still in full force and effect.
lN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this I st day of August , 2019
Randall Musselman, Secretary
lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 1st day of March, 2018.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
TITE GAARANTEE COMPAI,{Y OF NORTE AMERIUI USA
Home OlJice, Soath/ield, l|{ichigan
S TAT AT O &.Y BAI,,,INCB SHE E T
December 31,2018
ASSETS
Cash and Short-Term Investnents
Marketable Securities
Prenium and Agents Balances (under 90 days)
Reinsurance Receivablo on paid lossos
Accrued Interest and Dividends
Nct Deferred Tax Asset
Other Assets
Total AdmittedAssets $249,549,181
LIABILITMS
Reserve for Losses and Loss Adjustrent Expenses
Uncarned Premium Reserve
Accrued Expenses
Ceded Reinzurance Premiums Payable
Taxes, Licenses and Fees Payable
Federal Income Ta,r Payable
FundsHeld
Other Liabilities
Total Liabilities $39.626979
CAPITALAI{D SURPLUS
$144,0208?0
5s.901332
Total Liabilities, Capital and Surplus
$t99.m22r2
ryf-xg
Stafc of Michigan
County of0akland
Steple$ C. Ruschak bcing duly swom, says: That he is thc Prcsidrnt & COO of Thc Guaraotce Company of Nor&
Anerica USA; that said company is a corpor*ion duly orgooizad" oristins, and engagcd in business rs a si$dyby
virtue of thc laws ofthc Statc of Mictrigu, and has duly complicd with all thc rcquiruocots of tho lawe of said stds
applicablc to said company ord is duly qualificd to aa x orrcty undcr such lawq thal said company ba dso corylicd
with and is duly qualificd to act ss surcty undcr lhe ,{ct of Congross of July 30, 1947, as araandcd (6 U.S"e &13}; er
thc forcgoing is a full, troa aod corrcct strtclncrrt ofthe financid coadition of said compaoy on the 3 lr &y of
Deeernber 2018,
Swom to boforr mc lhis i9tb day of March 2019.
$ 88,508,407
151,857,941
5,W7,524
529,66
812,435
L,637,933
t-195.2'15
$ 9,077,422
22,744950
4,?10,825
1,207,940
374,68
296,4t3
9,969,&32
1.844.929
Common Stock ald Paid-ln Capital
Surplus
Total Folicyholdcrs' Surplus
-.f' ,.:iLJ-t /"'_{*1t;tfta.r* Li /a.(.*.o-NoFrY cynthia A Takai
Notary Publlo, State of Mbfilgan
County of Oakland
My Coomleslot Exflrss F€bruaty 27, 2024
Actlng ln Oakland County
Presidcat