Sutter Mitland 01, LLC Faithful Performance 36485-9 TM5214558Bond No. TIv15214558
Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT
AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 664S9.1 )
FOR LANDSCAPE:
One Year Maintenance: $ 4,6{ O.2O Tract Map No 36485-9 PAl1A & tlB
Total Cost Estimate: $ 991895.44 Other Project No. pp 2Ot8-Oi5
The following to be completed by the Applicant
Surety: The cuarantee company of North America USA Principal: Sutter Mitland 01 LLc
Address: One Town Square, Suite 1470 AddreSs: 32OO Park Center Drive, Suite 1OO0
City/State: sourhletd. t\.4 City/State Costa Mesa, CA
Zip Code: 48076 Zip Code: 92626
Phone: zae-zat -oz8r
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 described landscaping and installation along
Patriot Drive within Planning Area 11A & 11B of Audie Murphy Ranch (HOA Maintained Landscaping
and lrrigataon Plans (TR36485-9). The principal agrees to install and maintain all landscape and any
additional landscape materials, related to (TracuParcel) Plot Plan 2018-015 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 andrlegs3ts4eslerpsrygle$3lllrgetrl4 as surety, are held and firmly
bound unto the City of Menifee in the penal sum of NINTY-NINE THOUSAND EIGHT HUNDRED
NlNry-FIVE DOLLARS AND FORTY FOUR CENTS ($99,895.44 lalvful 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 voidt otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount speofied 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.
Phone: 714-427-6868
Bond No. TM5214558
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, 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 October 1 0th 20'18
NAME OF PRINCIPAL: Sutter l,4itland 01 LLC
AUTHORIZED SIGNATURE(S)
By Gt
Name
Title:DAVTD E. BARTLETT
Vice President
(lF coRPoRATrON, AFF|X SEAL)
NAME OF SURETY: The cuarantee company of North America USA
AUTHoRTzEDSTGNATURE: tAzbu"l"htfuA,;r-
Its Attorney-in-Fact Title
Debra Watterson
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
A notary public or other officer completing
this ccrtificate verified only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthlulness, accuracy, or validity of that
document.
S]-ATE OF CALIFORNIA
COUNTY OF
.\A
-ll 2018 Danielle Monique Moss .Notary Public,
who
elg@are subscribed to
)
)SS
On-
persona lly appeared
C.
proved to me on the basis of satisfactory evide
D^XIELrE ,roX|QUE mss
Xotary Publi( - Calito.nia0nq. County
Commi$ion I 225a6!!
xy Co,nrn. &pk.r lJ3 tr, 20!2
nce to be tlp persot(d whose n
me that f hdshe/they/executed
ir signaruffi on the instrument
am
the within instrument and acknowled ged to the same l @nl.rltt.i.
authorized capacityfir{ and that by crlthe the persorfd, or the entity
upon behalfofwhich the personp acted, executed the instrument.
I certifo 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
Notarv Public
zR\w
ACKNOWLEDGMENT
A notary public or other offlcer completing this
certificate veriries only the idenlity of the individual
who signed the document to which lhis certilicate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of
County of
[.4ichigan
Oakland )
On 10t10t2018
personaliy 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 lhat he/she/they executed the same in
his/her/their authorized capacibT(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the enlity upon behalf of which the person(s) acted, executed the instrument.
I certify 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 LmoBb.!
t'lotary arbilc, stab ol llaflgm
Courty ol Orf6ld
My Commlsslon Explra. Af,n21,?l,l4
Ac{ng ln orklrnd CountySignature(S€al)
o en
before me, Lora O'Brieri
(iosert name and title of the oflicer)
lltt The Guarantee Company of North America USA
Southfield, MichiganGUARANTEE'
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: Thal THE GUARANTEE COMPANY OF i{ORTH AMERICA USA, a corporation organized and existing under lheiaws of the Stale of Michigan, having its principal office in Southfield, t\richigan, does hereby conslitute and appoinl
Debra Walterson. Edward G. Woods, Kathleen Runeslad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera,
Kalie Coalson. Edward Devries. Dwight Teter
The Guaranlee Company of North America LJSA
ils true and lawful attorney(s)-in-fact to execute. sealand deliver for and on its behalf as surety, any and all bonds and underlakings, contracts of indemnity
and otherwritings obligatory in lhe nature thereof, which are or may be allowed. required or pemitled by law, statute, rule, regulation, conlract or otheMise.
The execulion of such instrument(s) in pursuance of lhese presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, 10 all intents and purposes, as if the same had been duly executed and acknowedged by its regulady elecled officers at the principat
office.
The Power of Altorney is executed and may be certitied so, and may be revoked, pursuanl to and by authority of Article lX Section 9.03 of the By-Lawsadopted by lhe Board of Direclors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting hetd on the 31d day of December, 2003.The President, or any Vice President, acling wilh any Secretary oa Assistant Secrelary, shall have power and authority:
1 To appoint Attorney(s)-in-facl, and to autho.ize them to execule on behalf of the Company, and attach the Seal oI lhe Company thereto, bonds andunderlakings, conlracts of indemnily and olher wilings obtigatory in the nature lhereof; and2 To revoke, at any lime, any such Attorney,in-fact and revoke the authority given. except as provided below3. ln conneclion with obligations in favor of the Florida Departmenl of Transportation only, it is agreed thal the power and authority hereby given lo theAttorney-in-Fact includes any and allconsents forthe release ofrelained percenlages and/or final estimales on enginee ng and construciion conlracts
requiled by lhe State of Florida Depa(menl of Transporlalion. lt is fully understood thal consenling to lhe State of Florida Departmenl of Transportalion
making paymenl ofthe finaleslimale to the Contlaclor and/or ils assignee, shall not relieve this surety company ofany of its obligations under its bond.4. ln conneclion with obligalions in favor of the Kentucky Department of Highways only, il is agreed thal the po\aer and authority hereby given lo lhe
Allorney-in-Fact cannot be modified or revoked unless prior writlen personal notice of such inlent has been given lo the Commissioner - Department
of Highways of the Common\,1Jealth of Kenlucky at leasl lhirty (30) days prior to the modification or revocation
Further, this Power of Atlorney is signed and sealed by facsimile pursuant lo resolulion of lhe Board of Directors of the Company adopted at a meeting
duly called and held on the 6lh day of December 201 1, of which the following is a kue excerpt:
RESOLVED that the signature of any authorized office. and the seal oflhe Company may be affixed by facsimile to any Power of Attorney or certification
lhereof authorizing lhe execution and delivery of any bond, undertaking. conlracls of indemnity and other writings obligalory in the nalure thereof, andsuch signalure and sealwhen so used shall have lhe same force and effecl as though manually afllxed.
lN WITNESS WHEREOF, THE GUARANTEE COITPANY OF NORTH AIIIERICA USA has caused lhis instrument to be signed and
its corporate seallo be amxed by its aulhorized officer, this 1"iday of March, 2018.
THE GUARANTEE COMPANY OF NORTH AMERIGA USA
&u*il*
STATE OF MICHIGAN
County ot Oakland
Stophen C. Ruschak, President & Chi6f Operating Officel Randall Musselman, SgcrEtary
On this 1sl day of March. 2018 before me came the individuals \,vho executed the preceding instrumenl, lo me personally known, and being by me duly
sworn. said that each is lhe herein described and aulhorized offcer of The Guarantee Company of North America USA; that the seal aflixed lo said
instrument is the Corporate Seal of said Company; thal the Corporate Seal and each signature were duly atfixed by order of the Board of Directors of said
Company
Cynthia A Takai
Notary Public, State ol Michigan
County ol Oakland
My Commission Exphes Februory 27,2024
A.ting in Ooklond County
l. Randall Musselman, Secrelary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby cerlify that the above and foregoing is a kue
and correct copy of a Power ofAttorney executed by THE GUARANTEE COMPANY OF NORTH ATTERICA USA, which is slill in fullforce and effect.
lN uJITNESS WHEREOF, I have thereunto sel my hand and attached lhe seal ofsad Company tnis 1Oth oayof October 2018
3
Randall Musselman, Secretary
e\
[rg3\-42 lr4i,*- €/- * --
lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of Norlh America USA offices the day and year above vwitlen.
& ^a.,-- A 7-rr_Z--"_/
,rfu
TIIE GAARANTEE COMPANY OF NORTH AMERIC4 USA
Eome Office, Sotdhfrcld, Micdgnn
S TATWO RY BALANCE SII EET
December i1, 2017
AS.SETS
Cash and Short-Term Invsstments
Marketable Securities
Premium and Agents Balances (under 90 days)
Reinsurance Receivablo on paid losses
Accrued hterost ,nd Dividends
Net Def€rred Tax Assst
Other Asscts
Total Admitted Assets
LIABtrITIES
Reserve for I-osses and Loes Adjustment Bxpenses
Uneamed Premium Reserve
Accrued Expenses
Ceded Reinsurance Premiums Payalle
Taxes, Licenscs and Fees Payable
Iederal Incomo Tax Payablo
Frmds Held
Other Liabilities
Total Liabilities
CAPITAL AND STMPLUS
Common Stock and Paid-[r Capital
S".phrs
Total Policyholders' Surplus
Total Liabilities, Capital and Surplus
$ 78,963,167
144,488,213
4,351,703
419,972
r,129,133
537 ,8',7 5
637.702
$230,sz'.t,765
$ E,U339
19,st2,9s6
3,281,062
1,091,893
255,235
313,424
6,7 62,987
62,521
$ 40.577 _417
sl44,020,970
45.929.378
$1E9.950.348
$230,527,765
Statc of Micligan
Couoty ofOakland
Stephcn C. Ruschat bciflg duly swor0, says: Thst he i! ihe Prrsid€ot & COO ofThc Grsrartcc Coopony ofNorth
A.mctica US& thst ssid company is a corpord.ioo duly organi?ld, cxirting ord olgrgcd in busitrosr as a surcty by
virruc oflha Isws ofthc Stltc of Michigaq eld bas duly complied wirh all thc rcquir"merts ofthe laws ofsaid ctate
spplicablc to said compatry aDd is duly qualfied to f,ct os sffet , unds such lawsi tlat said codpdny bA3 ako coBpli€d
with rtrd is duly qualilicd to act as surety undEr thc Art ofcongrcs6 ofJuly 30, 1947, as a-@codcd (6 U.S.C. 6-13); frat
the forcgoing I! a firl, tsu. ed concct stEtcmcDt of tho finsDcirl condition of said crmpany otl thc 31. doy of
Decer cr 20l7.
Swom to bcfoie me this 5tn day of March 2018 mn1/r/"-h-ffi,& C. TaAd-
Cynthla A. Takel
Notary Public, Slate of Mlchlgan
cojnty of oaklard
My Co.ndlslon Erplrss F€brusy 2I. 2024
Acting ln Oakland County
N
v-/ow Stcphetr C. Ruschsk, Pr€sidrot & COO