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Sutter Mitland 01, LLC Material and Labor 36485-F 30074494MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALTFORN!A (Government Code Section 66499.1) FOR: Grading / Drainage 21.5 00.00 Erosion Control $59 250. WQIUP Total Surety Continental Casualty Company Address 151 North Franklin Street City/State Chicaoo. lLzlP 60606 Phone 312-822-sooo 0.00$ 180.750.00 Premium $ (lncluded with performance portion Tract 36485-F Sutter Mitland 01 LLC 3200 Park Center Dr., Suite 1000 City/State Costa Mesa .CA zip 92626 Phone (7 14\ 427 -686 Principal Address I 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 and Erosion Control relating to (Tract Map) TR36485-F, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principa! 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 One Hundred Eiqhtv Thousan d Seven Hundred Fiftv and no/100 ,Dollars, $180,750.00 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 wilt 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 full 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; othenruise, it shall be and remain in full force and effect. 9l8lr5 Other Project No. GP18-012P Bond No. 30074494 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 theprovisions of Section 2845 of the Civil Code are not a condition precedent to suiety's obligations hereunder and are hereby waived by surety. IN WITNESS WH above named, on EREOF, this instrument has been duly executed by the principal and surety Iulv 18 20t9 NAME OF PRINCIPAL: Sutter Mitland 01 LLC AUTH ORIZED SIGNATU RE(S): By @q11 Tiue: Vlce presldent (tF coRPoRATtON, AFFTX SEAL) NAME OF SURETy: Continental Com AUTHORIZED SIGNATURE: B rney-in-Fact Title (lF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. 9l8lts 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 2019 before Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persoyksl whose subscribed to the within instrument and to me that eylexecuted the same in@herltheir authorized SI on the instrument the persor{6J, or the entity upon behal executed the instrument WITNESS my hand and offlrcial seal. ) ) ) fn*DANIELLE MONIQUE ilOSS Not.ry Pubtic - Crlifrrnir 0rrnge County Commission t 22116ll l,{y Comm. Expires Aug 17 , 7022 zz Notary Public that I certiflz under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CALIFORNIA ALL.PURPOSE 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 Angeles JUL 1 g 2019 before me IVIeshan Hanes Notarv Public personally appeared B.eman who proved to me on the basis of satisfactory evidence to be the person(s) whose name@) is/are subscribed to the within instrument and acknowledged to me that he/she/t@ executed the same in his/her/their authorized capacity(ies), and that by*is/herl+k€* signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) 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. COMM. #2280722 zMIGHAN HAN[S WITNESS my hand and official seal. On ouz Notary Public - Californ Los Angeles County iaA Cornm. E ires Mar. 12,2023 Signature ignature of Notary Public POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT Know All Men By These Presents, That Contincntal Casualty Company, an Illinois insurancc company, National Fire Insurance Conpany of Hanfbrd, an lllinois insurance company, and American Casualty Company ofReading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companics"), are duly organized and cxisting insurance companies having their principal offices in the City ofChicago, and State of Illinois, and that they do by virtue ofthe signatures and seals herein affixed hereby make, constitute and appoint Tracy Aston, Torn 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 ofLos Angeles, CA, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalfbonds, undertakings and othe. 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 officer oftheir insurance companies and all the acts ofsaid Attomey, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors ofthe insurance companies. In Witne$s 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 Company of Pennsylvania Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this l3th day ofFebruary, 2019, betbre 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 lllinois insurance company, National Fire Insurance Company of Hartford, an lllinois insura.ce company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals ofsaid insurance companies; that the seals affixed to the said insrument are such corporate sealsi that they were so affixed pursuant to authority given by the Boards of Directors of said 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 Jlune 23,2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary ofContinental Casualty Company, an Illinois 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 certify 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 ofDirectors ofthe insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hercunto subscribed my name and affixed the seal of the said insurance companies this day of Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Co y of Reading, Pennsylvania D. Johnson Assistant Secretary Form F6853-412012 /utY 11,t92 O^ , E97 J. MOHR NOTARY PUtsLIC SOJIH OAKOTA OORPORAICT a SEAL 1 897 ,utY il, !902 0t a Go to www.cnasuretv.com > Owner / Obligee Servlces > validate Bond Coverage, if you want to verify bond authenticity, a 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 tbllowing resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Croup 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 of the documents, agreements 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 ellective." 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 behalf of Continental Casualty Company. This Power of Attomey is signed and sealed by facsimile under and by the aulhority of the following Resolution adopted by the Board of Directors of the Company by unanimous wri en consent daled lhe 25'i day of April. 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has aulhorized 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 (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 the Board of Directorc 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 insfiuments on behalf of the Company prcvided that the name of such authorized 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 Secretary ofthe Company prior to such execution b€coming effective." This Power of Attorney is signed by Ptul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attomeys on b€half of National fire Insurance Company of Hartford. This Power of Attomey is signed and sealed by facsimile under and by the authodty of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25rh day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various office$ (the "Authorized Officers") to execute various 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 Fovided 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 Signaturc of any Authorized Officer shall b€ valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READINC, PENNSYLVANIA This Power of Attomey is made and executed pursuant to and by authority ofthe following resolution duly adopted by rhe Boad 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 descdption of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Gmup 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 behalfof American Casualty Company of Reading, Pennsylvania. This Power of Atlomey 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 25th day of Apdl, 2012: "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 WhereN, 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 elecronic format (collectively, "Electronic Sjgnatures"); Now therefore be it .Esolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."