Sutter Mitland 01, LLC TM36484-F 30074484Gommunity Development Department
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE.
1 -Year of [Vlaintenance ${,680.OO TracUParcel Map No. 36485-F
Total Cost Estimate: g S8,48B.OO
Bond No. 3007 4484
Other Project No PP 2019-043
PA 3 Talking Stick
Gircle
The following to be completed by the Applicant:
Surety: Continental Casualty Company Principal: Sutter Mitland 01 LLC
Address: 151 North Franklin Street Address .3200 Park Center Drive, Suite 1000
City/State: Chicago, IL City/State: Costa Mesa, CA
Zip Code: 60606 Zip Code'.92626
Phone: QLZ) 822-5000 Phone: (714) 200-1609
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 maintain all landscape, including any additional !andscape
materials, related to HOA tvlaintained Paseo within Planning Area 3 of the Audie tVlurphy Ranch
Specific Plan, (as shown on Exhibit L or Plot Plan 2019-043). The principal agrees to install and
maintain all landscape and any additional landscape materials, related to TR 36485-F, Plot Plan 2019-
043 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 s16 ContinentalCasualtyCompany as surety, are held and firmly
bound unto the City of tVlenifee in the penal sum of Fiftv-Eiqht Thousand Four Hundred Eiqhtv-Eioht
------00/100 Dollars ($58.488.00) 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 [/enifee, its officers, agents and employees, as therein stipulated, then
this obligation shall become null and void; othenvise, 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.
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION
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 Iuly 17th ,20L9
NAIVIE OF PRINCIPAL: Sutter Mitland 0l LLC
AUTHORIZED STGNATU RE(S)
s 2CBy
Name
Title:
DAVID E. BARTLETT
Vice President
(tF coRPoRATlON, AFFIX SEAL)
NAIVIE OF SURETY: Continental Company
B m rney-in-Fact Title
(tF coRPoRATlON, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEYJN-FACT.
AUTHORIZED SIGNATURE:
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 \I 2019, before Notary Public,
personally appeared who
amei,,*)are subscribed to
the same in
I certifu 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.
proved to me on the basis of satisfactory evidence to be ft p..ronJ1) whose n
the within instrument and acknowledged to me that \hfsheltheylexecuted
authorize d capacis[rtetJ and that by@ter/their signatur{ilon the instrument
upon behalf of which the persorfiacTed, executed the instrument.
the perso**f,
(6Bher/their
or the entrty
)
)
)
Z.z
DANIELLE H0NiQUE M05s
Notary Pubtic' Catifornir
0range CountY
Commission f 2254683
ily Comm. ExPires Aug 17,2022
74rA
Notary Pub ic
CALIFORNIA ALL.PURPO SE ACKNOWLEDGMENT
ANotary 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 Los Anqeles
On JUL 1 7 2019 before me,Meshan Hanes- N tarv Public personally
appeared B. Aleman 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/herl+h* authorized capacity(ies), and that by4is/her/thei+
signature@ on the instrument the person@, or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
ox.z
MEGHAN HANb.S
coMM. #2280722
Notary Public - California
Los Angeles County
Comm. E ires Mar. 12,2023
z1o WITNESS -y hand and official seal.
Signature
Signature of Notary Public
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurancc company, Nationul Fite lnsurancc Company of
Hartlbrd, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania. a Pennsylvania insurance company (herein called
"the CNA Compunies"), are duly organized and cxisting insurancc companies having their principal ollices in the City ol Chicago, and state of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Tracy Aston, Tom Branigan, Edward C Spector, Lisa K Crail, Simone Gerhard, B Aleman, K D Wapato, April
Martinez, Samantha Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, Individually
ot t-os Angeles, CA, their true and lawful Attorney(s)-in-Fact with full power and authority hereby confened to sign, seal and execute for and on their
behalfbonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized of{icer of their insurance companies and
all the acts of said Attomey, pursuant to the authority hereby 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 Boads of Directors ofthe insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this l3th day ofFebruary,20l9,
Continental Casualty Company
National Fire lnsurance Company of Hartford
American y Company of Pennsylvania
Paul T. Bruflat Vice President
State of South Dakota, County of Minnehaha, ss:
On this I3th day of February, 2019, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say:
that he resides in the City ofSioux Falls, State of South Dakota; that he is a Vice President ofContinental Casualty Company, an Illinois insurance
company, National Fire Insurance Company of Hartford, an lllinois insurance company, and American Casualty Company ofReading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors ofsaid
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
My Commission Expires June 23,2021 J. Mohr Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secrctary ofContinental Casualty Company, an lllinois insurance company, National Fire lnsurance Company of Hartford,
an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby ce ify that the
Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors ofthe insumnce
compalies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance companies this dav of !ucJ vr t
-'
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
D. Johnson Assistant Secretary
Form F6853-412012
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Go to www.cnasurew.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
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Authori zing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OFCONTINENTAL CASUALTY COMPANY
This Power of Attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the
Company at a meeting held on May 12, 1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of
the Company provided that ihe name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign
will be provided in writing by the Senior or Croup Vice President to the Secretary of the Company prior to such execution becoming eftective."
This Power of Attomey is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to ex@ute power of
aftomeys on behalf of Continental Casualty Company.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated the 25'h day of April, 2012:
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authodzed vadous officers (the "Authorized Officers") to
execute various policies, bonds, undertakings and other obligatory instruments oflike nature: and
Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, had 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."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attomey is made and executed pursuant to and by authority of the following resolution duly adopted by th€ Board of Directors of the
Company by unanimous written consent dated May 10, 1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of
the Company provided that the name ofsuch authorized officer and a description ofthe documents, agr@ments or instruments that such officer may sign
will be provided in writing by the Senior or Group Vice Prcsident 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 execute power of
attorneys on behalf of National fire lnsumnce Company of Hartford.
This Power of Attomey is signed and sealed by facsimile under rnd by the authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated the 25rh day of April.20l2:
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to
execute vadous policies, bonds, undertakings and other obligatory instruments of like nature: and
Whereas, from time to time, the signaturc of the Authorized Officers, in addition to being provided in original, had copy format, may be provided via
facsimile or otherwise in an electaonic 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."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READINC, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the
Company by unanimous written consent dated May 10, 1995:
"RESOLVED: That any Senior or Grcup Vice President may authorize an officer lo sign specific documents, agreements and instruments on behalf of
the Company provided that the name ofsuch authodzed officer and a desc.iption ofthe documents, agreements or instruments that such officer may sign
will be provided in writing by the Senior or Group 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 execute power of
attomeys on behalfofAmedcan Casualty Company of Reading, Pennsylvania.
This Power of Attomey is signed and sealed by facsimile under and by fte authority of the following Resolution adopted by the Board of Directors of the
Company by unanimous written consent dated lhe 25rh day of April, 2012:
"Whereas, the bylaws of the Company or specific resolution of the Board of Dircctors has authorized various officers (the "Authorized Officers") to
execute various policies, bonds, undenakings and other obligatory insruments of like nature: and
Whereas, from time to time, the signature of the 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 ofany
Authorized Officer shall be valid and binding on the Company."
a