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Sutter Mitland 01, LLC Faithful Performance TM36485-F 30074494FOR GRADING: Rough Grading Erosion Control WQMP Total FAITHFUL PERFORMANCE FOR GRADING AND EROSION CONTROL CITY OF MEN!FEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 43.0.00 Tract Map 36485-F 318,500.00 0.00 361,500.00 Other Project No.GP1B.O12R $ $ $ $ Bond No Premium 30074494 $2,061.00 usD Surety Continental Casualty Company Principal Sutter Mitland 01 LLC Address 151 North Franklin Street Address 3200 Park Center Dr.. Suite 1000 C Chicago ,lL City Costa [v1esa, CA zip 60606 zip 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 grading project, related to (Tract Map) TR36485-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 Continental Casualty Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Sixtv-One Thousand Five Hundred and no/100, Dollars, $ 361,500.00 lawful 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 lvlenifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; othenruise, 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. tU6lt8 92626 Phone 312-822-5000 FAITHFUL PERFORMANCE BOND FOR GRADING AND EROSION CONTROL 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 lvlenifee 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 until the California Regional Water Quality Control Board lssues a Notice of Termination. IN WITNESS WH above named, on EREOF, this instrument has been duly executed by the principal and su rety |uly 18th 2019 NAME OF PRINCIpAL: Sutter Mifland 01 LLC AUTHORTZED StcNATU RE(S): By: NAME OF SURETY: Name: Title: Continental Casual Com DAVID E. BARTLETT Vice President AUTHORIZED SIGNATURE: (tF coRPoRATtON, AFFTX SEAL) tto ey-in-Factrn Titie (tF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. tU6lt8 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 COUNTY OF Oranse On l3 20rE9, before me, personally appeared proved to me on the basis of satisfactory evidence to be the within instrument and to me that ) ) ) Notary Public, who subscribed to the same in @nerrtneir , or the entrtyauthorized capacity @)upon behalf of which th persofT executed the instrument. and that by /their signaturgpfon the instrument the persop(O e I certifz under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rny hand and official seal. 22 DANIELLE TONIQUE HOSS Natary Public - Crlifornia Orrnge County Commission tt 2251611 lly Comm. Expires Aug 17, 2022 zz Notary Public ouZ CALIFORNIA ALL.PURPO SE 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 of that document. State of California County of Los Anseles JUL t 8 20t9 On before ffie,Meshan Hanes- N 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/t@ executed the same in his/her/thei+ authorized capacity(ies), and that by*is/herl+her signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. MEGHAN HANEScoMM. #228A72 I certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public - California o WITNESS my hand and official seal. 2z n Los Angeles County Comm res Mar. 12,2023 Signature of Notary Public POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurancc Company of Hartford, an Illinois insurance company, and American Casualty Company ofReading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal ol'Uces in the City of Chicago, and State of Illinois, and that they do by virtue oIthe signatures and seals herein aftixed hereby make, constitute and appoint Tracy Aston, Tom Branigan, Edward C Spector, Lisa K Crail, Simone Gerhard, B Aleman, K D Wapato, April Martinez, Samantla Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, Individually of t s Angeles, CA, their true and lawful Attorney(s)-in-Fact with full pow€r and authority hereby conferred to sign, seal and execute for and on their behalfbonds, undenakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent a.s if such instruments were signed by a duly authorized officer of their insurance companies and all the acts ofsaid Attorney, pursuant to the authority hereby given is hereby ratilied and confirmed. This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law and Resolutio.s, printed on the reverse hereof, duly adopted, as indicated, by the Boards 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 of February, 2019, Continental Casualty Company National Fire Insurance Company of Hartford American Cas ty Company of Reading, Pennsylvania Paul T. Bruflat Vice President State ofSouth Dakota, County ofMinnehaha, ss: On this l3th 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 of Sioux Falls, State of South Dakota; that he is a Vice President ofContinental Casualty Company, an Illinois insurance company, National Fire Insurance Company ofHartford, an lllinois insurance company, and American Casualty Cornpany of Reading, 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 ofDirectors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed ofsaid insurance companies. My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary ofContinental Casualty Company, an lllinois insurance company, National Fire [nsurance Company of Hartford, an lllinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution ofthe Board of Directors of the insurance companies printed on the reverse hereof is still in force. ln te_stimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this - day of ---JUL IJ-2019- Continental Casualty Company National Fire Insurance Company of Hartford American Casualty C y of Reading, Pennsylvania D. Johnson Assistant Secretary Form F6853-412012 /utY il,[n2 CofiPORAIE a SEAL ,897 rA'I S€r.L I\afUS/ J. MOHR NOTARY PUBLICSOUIH TIAXOTA ooRPoRArE ra SEAL I 897 JUIY II,t![2 ot O Go to www.cnasurew.com > Owner / Obligee Services > validate Bond Coverage, if you want to verify bond authenticity. t Authori zing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY 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 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 the name of such tuthorized officer and a description ofthe documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secrctary of the Company prior to such execution becoming ettective." This Power of Attomey is signed by Paul T. Bruflat, Vice President, who ha"s been authorized pursuant to the above resolution to execute power of attomeys 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 Boad of Dire.tors of the Company by unanimous writien consent dated the 25th day of April, 2012: "Whercas, 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, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of rhe Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic fomat (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Ele.tronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOTTED 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 the 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, agreements or instruments that such officer may sign will be provided in wdting by the Senior or Group Vice President to the Secretary ofthe Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized puBuant to the rbove resolution to execute power of attomeys on behalf of National firc Insurance Company of Hartford. 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 25rh day ofApril,20l2: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officen") 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 fomat, 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 b€ valid and binding on the Company." ADOPTED BY THE BOARD OF DTRECTORS OF AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA This Power of Attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe 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 of such authorized officer and a description of the documents, agr@ments or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authodzed pursuant to the above resolution to execute power of attorneys on behalfof American Casualty Company ofReading, Pennsylvania. 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 ofApril, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments 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 (colleatively, "Electronic Signatures"); Now therefoae be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."