Sutter Mitland 01, LLC Faithful Performance TM36484 TM5235809FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR GRADING:
Rough Grading
Erosion Control
WQIVP
Total
$ 488,000.00
62,000.00
0.00
$550,000.00
$
$
Tract
Other Project No.GP18-076
Bond No.
Premium
TM5235809
Surety The Guarantee Company of North America USA PrinCipal Sutter Mitland 01 LLC.
AddfeSS One Towne Square, Suite 1470 Address 3200 Park Center Drive. Suite 1000
City/State Southfield, Ml City/State Costa Mesa. CA.
Zip code 48076 Zip 92626
Phone z4g-2s1-0281 Phone (rz14\ 427-6868
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01
(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) TR 36484 / GPl8-076 , 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 The Guarantee Company of North America USA AS
surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Fifty
Thousand ------- 00/100, Dollars ($ 550.000.00 ) 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 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.
36484
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
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 Menifee 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
issues a Notice of Termination.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on October 31"t 2019
NAME OF PRINCIPAL:Sutter Mitland 0l LLC
AUTHORTZED STGNATURE(S)
By:
Name
Title:DAVID E. BARTLETT
Vice President
NAME OF SURETY
(lF coRPoRATlON, AFFIX SEAL)
The Guarantee Company of North America USA
AUTHORIZED SIGNATURE
n-Fact Title
Casey auer, Attorney-ln-Fact.
(tF coRPoRATlON, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
I
(lr
*:ry
a)
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
couNTY oF orqoqR.
)
)
)
SS.
On 2019 ue Moss Notary Public,
personally appeared who
the
the
I cerlifu 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.
a
Tnet
@
DANIELTE MONIQUE TOSS
Notary Pubtic - California
Orange County
Commission # 27516gl
Comm. ExPires Aug 17, 2027
zz Notary Public
l.{y
proved to me on the basis of satisfactory evidence to be whose
the within instrument and to me that
ar"rthorized capacity!€s) and that ol-l
upon behalf of which the executed the instrument.
TH[
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires Februory 27,2024
Acting in Ooklond County
The Guarantee Company of North America USA
Southfield, Michigan
lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
q^fl,, A. 7-c,-A*r-
GUARANTEE-
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Debra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera,
Katie Coalson, Edward DeVries, Dwight Teter, Casey M. Strohauer, Montina Cenance, Olga Tasselmyer
The Guarantee Company of North America USA
its true and lawful attorney(s)-in-fact to execute, seal and deliverfor and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, reguired or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"r day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
'1 , To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below3. ln connection with obligations rn favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. lt is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.4. ln connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Oepartment
of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Aftorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 1st day of March,201B.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
ffi.$*f/-
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is lhe herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
inslrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
l, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effecl.
lN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 I st day of October , 2Ol9
Randall Musselman, Secretary