Sutter Mitland 01, LLC Faithful Performance 36485-5 30044924Comm unity 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 Maintenance $8O,72i.9O
Bond No. 30044924
TracuParcel Map No. 3648S-s
Total Cost Estimate: $ 116021949.12 Other project No PP 2018-OO5
PA 4OA Paseo
The followinq to be completed by the Applicant
Surety: Continental Casualty Company Prtncipal: Sutter Mitland O'l LLC
Address: 333 South Wabash Avenue Address: 3200 Park Center Drive, Suite lOOo
Cityistate: Chicago, tL City/State Costa Mesa, CA
Zip Code: 60604 Zip Code. 92626
Phone: 714-427-6868
WHEREAS, the City of Menifee, State of California, and, Sutter [Iitland 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 landscape
materials, related to HOA Maintained Paseo within Planning Area 40A of the Audie Murphy Ranch
Specific Plan, (as shown on Exhibit L or Plot Plan 2018-005). The principal agrees to install and
maintain all landscape and any additional landscape materials, related to TR 36485-5, Plot Plan 2018-
005 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 Casualtv Company as surety, are held and firmly
bound unto the City of Menifee in the penal sum of ONE MILLION. SIX HUNDR EO AND TWO
THOUSANO. EIGHT HUNDRED FOURTY N|NE 12l100 ($1,602,849.12)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 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.
Phone: 3.12-822-5000
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 December 12th
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S)
I
DAVID E. BARTLETT
Vlce President
ts Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
By
Na me
Title.
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: continental Ity om pany
AUTHORIZED SIGNATURE
B. Alc iln
ATTACH NOTARIALACKNOWLEDGMENT OF SIGNATIJRES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
2018
Gx
Title
\
A notary public or olher 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.
S]'ATE OF CAI,IFORNIA
SS
)
)
COTJNl'Y OF
( )n , 201 8, before me l)
personally appeared
proved to me on the basis of satisfactory ev
the within instrument and acknowledged
idence to be $e
to me that/lE/
spQscri
hilh"
person@ whose name\t)are
she/they/executed the satlle ln
r
Notary PLrblic
, Nolary Public,
who
bed to
r/their
authorized capacityffi and that bl@herltheir signaturQ on the instrument the persodld, or the entity
upon behalf of which the persodQ acted, executed the instrum€nt.
I certi$r under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITN llSS rny hand and olficial seal
oANELL! ro{lqu€ lo5s
Not.ry Pub lic ' C.tlfornl.
or.nia County
Commi!!ion , 225468l
lry Com . &pirer ul 17, 20?2
7nd4
cl
@
z
A Notary Public or other officer completing this certificate verifies only the identity ofthe
individual who signed the document to which this certificate is attached, and not the truthfrlness,
accuracy, or validity of that document.
State of Califomia
County of Los Anseles
On DEC 1 2 2018 before me,D. Casil . 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/they executed the same in his/her/thei.r authorized capacity(ies), and that by*islher/thei+
signature$ on the instrument the person(s), or the entity upon behalfofwhich the person(s)
acled, executed lhe instrument.
I certifu under PENALTY OF PEzuURY under the laws of the
State of California that the foregoing paragraph is true and conect.
coMM. #2 r 62364
Nqlary Publlc . Calllornia zno
WITNESS my hand and official seal.
Los Angeles Co
Comm. Ex 2020
Signature
Signature of otary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
POWER OF ATTORNEY APPOINTING INDryIDUAL ATTORNEY-IN-FACT
Know All Men By These Presetrts, That Continental Casualty Company, an nlinois insurance company, National Fire Insurarlce Company of
Hartford, an lllinois insu(mce comp.rny, and American Casualty Company ofReading, Pennsylvani4 a Pennsylvania insumnce company (herein call€d
'.the CNA Companies"), are duly organized and existing insurance comparies having their principal offices in the City ofchicago, and State oflllinois,
and that they do by virtue ofthe signatures and seals herein affxed hereby make, constitute and appoint
Tracy Aston, Tom Branigan, Edward C Spector, Kristine Mendez, Daravy Mady, Lisa K Crail, Simone Gerhard, B
Aleman, Benjamin Lee Wolfe, K D Conrad, Itrdividually
and to bind them thereby as fully and to tlre same extent as ifsuch instsuments were signed by a duly authorized officer oftheir insurarce compaaies and
all the acts of said Attomery, pu$uant to the authority hereby giv<r is h€rcby ratified and confirmed.
This Power of Attomey is made and executed puNuant to and by authority of the By-Law and Resolutions, printed on dle rev€rse hereof, duly
adopte4 as indicate4 by the Boatds of Directors of the insuralce comPani€s.
ID Wittress Whereof, the CNA Companies have caused these presorts to be signed by their Vice President and their corporatc seals to be herEto
affixed on ttris 9th day of June, 20 I 5.
Continental Casualty Company
National Fire Insurance Company ofHarford
American ty Company of Pennsylvania
Paul T. Bruflat Vice President
State of South Dakota Countv of Minnehaha, ss:
On this gth day of Junc, 20 I 5, beforc 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 Dakot4 dlat he is a Vice P.€sident of Continental Casualty Company, an tllinois insulzlnce company,
National Fire Insu-ance Company of Hartford an [llinois insurancc company, and American Casualry Company of R€adin8, P€nnsylvani4 a
poursylvania insurance company desc'ibcd in and which sxccuted the above instsum€nt; 0!at he knows the s€als ofsaid insuranc€ companies; that the
seals affixed to the said instrument ar€ such corporate seals; that they were so affixcd pursuant to authority giv€o by the Boards of Directon of said
insurance companies and that he signed his mme thereto pursuant to like auotority, and aclcrowledges same to be thc act and deed of said insuiance
companies.
il"
My Com:nission Exptes February 12, 2021 S. Eich otary Public
CERTIFICATE
I, D. Bult, Assistart Secretary of Continental Casuatty Company, an Illinois insurance company, National Firc Insurance Company of Hartford, an
lllinois insurance company, and Americal Casualty Company of Rcading, Pousylvania, a Perursylvania insurance company do hereby certifo that the
Power of Attomey herein above set forth is still ifl force, and furtho certiry that fte By-Law ard Resolution of the Board of Directors of thc insumnce
companies printcd on the reversc hereof is still in
day of
force.In testimony whqeof I have hsrsunto subscribed my name and afhxed the seal of the said
insurance companies this
Cor:tircntal Casualty Company
Nadonal Fire Insurance Company ofHarford
Asericatr Casualty of Reading, Pennsylvaniac
,utY !1.tsSEAL
t 897
SEAL
r Bgl
Form F68534/2012
D. Bult Assistant Secretary
oflos Angeles, Cd their true and la\4drl Attomey(s)-in-Fact with full powa and authority hereby corleIred to sign, seal and execute for md on their
behalfbon&, undertakinSs anl other obligatory instruments of similar naturc
- Ir Unlimited Amounts -
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This power of Attomey is made and exeorted pursuant to and by authority of the following resolution duly adopted by the Board ofDiectors of thc
Company at a mccting held on May 12, 1995:
..RESOL\IED: That any Senior or Croup Vic6 Prcsidcnt rnay authorize 6n olliccr to sign specific documents, agrtQftcnts and instrumcnts on behalf of
the Company prcvided that the namc of such authorized omcer and a description ofthc doormeDts, agreanents or iostrunents that such olTiccr may sign
will b. provided in wdting by thc S€nior or Group Vice Prcsidcnt to ttE Sec.etary ofthe Company prior to such exco.ltion b€cominS effective."
This powcr of Attorncy is signcd by Paul T. Bruflat, Vicc Prcsident, who has bccn authorizcd pu6uant to the above resolution to execlte power of
anomcls on b€half of Contincntd Casualty Company.
This powcr of Attomey is signed and seal.d by facsimilc under aod by the authority of thc following Resolution adoptcd by thc Board of Directo.s ofthc
Company by unanimous w.inen consent dded the 256 day of April 20l2:
,,Whereas, tre bylaws of thc Company or spccific rcsolution of thc Board of Dircctots has authorized various ofliccrs (thc "Autho.ized Oflicers') to
execute vadous policics, bonds, utdcrtakings and othcr ouigatory insEurnents of Ifte naturc; atld
Whcrcas, fiom tirnc to timc, thc sigraturc of thc Authorizcd OfEccE, in addition to bcing povidcd in original, hard copy format, may bc provided via
facsimile or othcrwisc in an .l.qtronic fornat (clllectivcly, "Elccronic Signaturcs'); Now thcrcforc bc it rcsolved: lhat thc Elcctronic Signaturc of any
Authorizcd Oflicer shall be valid alld binding on thc Company "
ADOPTED BY TTIE BOARD OF DIRECTORS OF NATIONAL FIRE TNSURANCE COMPA}'TY OF HARTFORD:
This power of Attomcy is madc and cx.@ted pursuant to and by authority of thc following resolution duly adoptcd by the Board of Directors of the
Company by unanimous writtcn conscnt ddcd May 10, 1995:
,.RESOLVED: That atty Scnior or Grcup Vicc Prcsidcnt may authorizc an olficcr to sigl $ccific doormcnts, agE.rEnts and insrumcnts on behalf of
the Compary providcd tha thc namc of sucl authorizcd omc.r and a dcscription of thc doorments, agrcerncnts or instnnEnts that such offrccr nEy sign
wiu bc provided in wdting by the Scnior or G.oup Vicc Prcsident to thc Seqetary of thc Company prio. to such exeortion bccoming cffcdivc."
This power of Attomq is signcd by Paul T. Brufla! Vicc Prcsidenl who has bccn authorizcd pursuanl lo thc abovc rcsolution to cxcantc power of
attomeys oo bchalfofNational 6rc Insurancc Company of Hartford.
This powcr of Attomcy is signcd and scal.d by facsimilc under and by thc aufiority of thc followinS Rcsolution adoptcd by thc Board of Dr.ctors ofthc
Company by unanimous written conscnt da.d the 25o day of April, 2012:
..Whcrcas, thc byla*s of th. Conpany or spccific rcsolution of thc Board of Dirccto6 has authorizcd various officcrs (thc "Authorizcd OIIicc6') to
cxcc te vaious policics, bonds, undetakings and othcr ouigatory instsumcnts of lfte naturc; afld
Whcrcas, ftom timc to timc, thc signaturc ofthc Autho.ized Officcrs, in addition io bcing pFvidcd in original, had copy forma! may b€ provided via
facsimilc or otherwir in atr clcctonic fo lat (collcctivcly, "Elcctonic Signaturcs'); Now thcr.forc bc it rcsolvcd: that th. Elcctonic Signahle of any
Authorizld Officsr shal be !"alid and binding oo thc company."
ADOPTED BY THE BOARD OF DIRTCTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This powc. of Attom.y is madc atd cxcottcd pursua[t to aDd by authority of thc following rrsolution duy adoptcd by the Boatd of Dircctors of thc
Company by unanimous w tteo conscnt ddrd May 10, 1995:
..RESOLVED: That any Sclrior or Croup Vice Pr6iddrt rnay aulhonz. an omccr to sign spccific document$ agrccrEnB aod instu.rrents od bchalf of
thc Company provid.d that thc namc of such authorized officcr and a d.scription of the doqrments, agrcqncnts or instrunrnts that such olliccr may sign
will bc providld in wfitiog by the Scnior or Crcup Vicc Prcsidcnt to thc Sccretary of lhe Company prior to such cxcortion bec.ming cffedivc."
This powcr of Atomcy is signcd by Paul T. Bruflat, Vicc PrEsidcnt, who has been authorizcd pursuant to the abovc resolutioD to cxcqrtc power of
attomsF on &halfofArhcrican Casualty ConPany of Rcading, Pennsylvania"
This powcr of Attomcy is sigrcd and scaled by facsimilc under and by thc authority of thc following Resolution adoptcd by thc Board of Dirccto6 of lhc
Compaly by unanimous writteD conscnt dded thc 25h day of April, 2012:
,.WhErcas, thc bylaws of thc Company or spccific rcsolution of thc Board of Directors has authorizcd vetious olficcrs (thc "Authorizcd Officcrs ) to
cxecutc various policicg bondt, undcrtakiogs and oth.r ouigatory insttunl.nts of like nature; and
Whcrcas, from timc io timc, thc signaturc ofthc Authorized Officers, in addition lc bcing providcd in oriSina.l, had coPy fomat, may bc provid.d via
facsimilc or othcrwise in ar clect onic fonnet (collcctiv.ly, 'Elcctseric SignarurcC); Now thcrcforc bc it rcsolvcd: lhat lhc ElecEonic Signatur€ ofany
Authorized Officcr shall be valid and binding on thc Company "