Sutter Mitland 01, LLC Faithful Performance TM36485-F TM5235797FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $
Flood Control $
Water System $
Rec. Water System $
Sewer System $Total $5,755,000.00
SUfety The Guarantee Company of North America USA
AddfeSS One Towne Square, suite 1470
Tract Map 36485-F
Other Proj. Ref
Bond No. TM5235797
Premium $ 32,804.00 USD
Sutter Mitland 0 1. LLC
3200 Park r Dr.. Suite 1000
4,327,000.00
70,000.00
636,500.00
51,50 .00
670,0 .00
Principal
Address
City/State CityiState Costa Mesa, CA
zip code 48076 Zip 92626
Phone 248-281-o2s1 Phone (714\ 427-6868
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 relating
to TM 36485-F , 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 Guarantee Company of North America USA , as surety,
are held and firmly bound unto the City of Menifee in the penal sum of Five Million Hundred
Fiftv-Five Thousand and no/l00, Dotlars, $ 5.755.000.00 lavtrful 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.
Southfield, Ml
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 r rnr rel 1cl 2019
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORTZED STGNATU RE(S):
By:
Name: DAVID E. BARTLETTTitle: Vice presldent
(tF coRPoRATlON, AFFIX SEAL)
NAME OF SURETy: The Guarantee Company of North America USA
AUTHORIZED SIGNATURE:Debra n-Fact.
Its Attorney-in-Fact Title
(tF coRPoRATtON, AFFIX 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
2019 before Notary Public,
appeared who
proved to me on the basis of satisfactory evidence to be whose
that the
on the instrument the
the instrument.
I certiflz 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
)
)
)
On
,'ffi\W
D^NITLLE }TONIQUE HOSS
Notary Public - Crlifornir
0rtnEe County
Commisrion # 12516gl
lly Comm. Explres Aug 17 ,20?2
7n*&\
Notary Public
Dcrnru\\e Hcniquo, Hoss ,
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, accuracyr or
validity of that document.
State of
County of
On 8t1t2019 before me,l-ora
(insert name and title of the officer)
personally appeared Debra Watterson
who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiflT under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
VVITNESS my hand and officialseal Lora O'Brlen
Notary Public, State ol Michlgan
County of Oakland
My Commlsslon Explros Aprll 21, 2024
Acllng ln Oakland CountY
Signature (Seal)
Lora O'Brien
Michigan
Oakland )
GUARANTEE-
The Guarantee Company of North America U$A
$outhfield, Michigan
any Power of Attorney or certification
obligatory in the nature thereof, and
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 No(h America USA
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, conlracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otheruise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY 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
ofiice.
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 AMERICA USA at a meeting held on the 3't"tday of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
'l . To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and atlach the 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, excepl as provided below3. ln connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the 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 consenling to the State of Florida Department of Transportation
making payment of the final estimate to the Contracto( andlot its assignee, shall not relieve this surety company of any of its obligations under its bond.4. ln connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that lhe 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 Decembet 2011 , of lvhich the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings
such signature and seal when so used shall have the same force and effect as though manually affixed.
lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AIJIERICA 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
ffi,^/i-/d*
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall itlusselman, Secretary
County of Oakland
On this 1st day of March,2018 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 aflixed to said
instrument is lhe Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
Cynthia A. Takat
Notary Public, State of Michigan
County of Oakland
My Commission Expires Februory 27,2024
Acting in Ookldnd 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"H-L A 7'a-A*-
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby ,
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA
certify
USA,
that the above and foregoing is a true
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 M usselman, Secretary
THE GUARANTEE COMPA},{Y OT NORTr AMENICA USA
H ome Offtce, So uthfwl{ lUic higan
srArw-aLau*Nwx.sfrEEr
December 31,2018
ASSETS
Cash and Short-Tenn Investments
Marketable Securities
Premium and Ageuts Balances (under 90 days)
Roinsrnanco Receivabls on paid lossos
Accrued Interest and Dividends
NotDefened TaxAsset
Other Assets
Total AdmittedAssets
LIABILITMS
Reserve for Losses and Loss Adjusmront Exponses
Uncarned Premium Reserve
Accrued Expenses
Ceded Reinsurance Premiums Payablc
Taxes, Licenscs and Fees Payable
Federal Income Tur Payable
FundsHcld
Other Liabilitics
Total Liabilities
pAPTTAL ANp STJBPI{US
Common Stock ard Paid-Lr Capital
Surplus
Total Policyholdors' Surplus
Total Liabilities, Capital and Surplus
-Ll,rtvnr* Ltt '[ln^-
*oF'Y cynlhia A Takai
Notary Public, Stateof Mbhlgan
County of Oakland
f{y Conmleglon Expka s I 6}rl.Mry 27, 2024
Actlng ln Oakland County
$ 88,508,407
151,857,94I
5,007,524
529,65
81243s
L,637,933
t-195^215
$249,549,1E1
$ 9,A77,422
22,744,95A
4,210,E25
l,2o7,g4o
374,668
296,413
9,869,832
1.844J29
s 3?,626.979
$144,020870
55.901332
$teglwzsz
$249,549,181
Stqtc of Michigan
County of Oakland
Stephcn C. Ruschak being duly suom, sys: firat hc is tlu Presidcrrt & COO of Thc Guanotcc Comp,any of North
Anericr USA tbat said company is a corpordion duly orgmid, cxistia& and cogrgpd iu busilos as a slty by
virtuc of tlc laws ofttrc Statc of Michigan, and har Orly complicd wift atl $c rcquinmcos of thc laws ofsaid ctib
applicablc to said coupany and is duly qualifiod to act sE surcty undq srrch lawsi thrl s8id company bs ds orylicd
with and is duly qualificd to oct as sursty utrdcr the Act of Congross of July 30, 19,f7, cs amcadod (5 U.S.C &t3); 6r
tho forcgoing is a firll, tnrc aod corrcct statcmcnt ofthc financial coadition of said comproy on the 3lr dry of
Dccember 2018.
Surom to bcforc me this l9tb day of Much 20l9.
&coo