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Lennar Homes of California, Inc. Material and Labor PM36303 30077060Park Ridge & Union Place Menifee Town Center FOR: Streets / Drainage $ Flood Control $ Water System $ Rec. Water $ Sewer System $Total $ 0.00 404.250.00 MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 2,152,000.00 Parcel Map 36303 Other Proj. Ref.rP19-005 Bond No. 30077060 94 750.00 Premium $ lncluded in Performance Bond 289,75 0.00 2,940,750.00 Su rety The Continental lnsurance Company Add ress 151 N. Franklin Street CitY/Sta1s Chicago, lL Zip 60606 Phone (312) 822-5000 Lennar Homes of C lifornia. lnc.Principal Add ress 980 Montecito Drive City/State Corona, CA zip 92879 Phone (951) 817-3680 WHEREAS,theCityofMenifee,StateofCalifornia,and@ (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 public improvements relating to TR 36303. lP19-005 , which agreement(s) is/are hereby refened to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal 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 Two Million Nine Hundred Fortv Thousand Seven Hun dred Fiftv and no/l00 , Dollars, @ 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 su rety will 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 aftorney'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 underTitle 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; otherwise, it shall be and remain in full force and effect. 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 the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by su rety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on August 22 2019 NAME OF PRINCIPAL: Lennar Homes of California, lnc., a California corporation AUTHORTZED STGNATURE(S): By: &rtt Title: Vrca keai NAME OF SURETY: (tF coRPoRATtON, AFFTX SEAL) The Continental lnsurance Company AUTHORIZED SIGNATURE:M Hua Its Attor v-n-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY. IN-FACT. Name: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who slgned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) on August 26,20L9 before me,Karen Spletzer, Notary Public (insert name and title of the officer) personally appeared Geoffrey Smith who proved to me on the basis of satisfactory evidence to be the person!{|whose name(d) is/arc- subscribed to the within instrument and acknowledged to me that he/cffithey executed the same in his/herftheir authorized capacity(ieeil-and that by his/herltheir.signature{s}on the instrument the person(sfor the entity 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 h and seal.XAREN SPLETZER Notary Public - California Riverside County Commission # 274E230 My Comm. Expires Ju\27,2077 z2 z Signature (Seal) CALIFORN!A ALL.PU RPOSE AC KNOWLEDGMENT 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 Orange On AU0 2 2 20tg before me,Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"] personally appeared Mv Hua [Name(s) of Signe(s)] 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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity 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. KAThY R. MAtR \ Notary Public - Catif ornia Orange CountY Commission # 2193966 \fi'1&r,1z M Comrn ExPr'es !'r'1aY 2? :021 Signature of Public Place Notary SealAbove OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Mv Hua Signer's Name: tr Corporate Officer - Title(s)tr Corporate Officer - Title(s) tr Partner- tr Limited E Generaltr lndividual X Attorney-in-Fact tr Trustee tr Guardian or Conservator tr Partner- tr Limited E General tr lndividual E Attorney-in-Facttr Trustee tr Guardian or Conservatortr other:tr other: Signer ls Representing:Signer is Representing: h POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT Know All Men By lhese Pres€ntq That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City ofchicago, and State oflllinois, altd that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint Kathy R Mair, Mechelle Larkin, My Hua, Individually of lrvine, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby confened to sign, seal and execute for and on its behalf bonds, undertakings and other 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 ofthe insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority ofthe By-Law and Resolutions, printed on the reverse hereol duly adopted, as indicated, by the Board of Directors ofthe insurance company. In Witness Whereof, The Continental lnsurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto alfixed on this l9th day of October, 2018. The Continental Insurance Company Paul B Vice President State of South Dakota, County of Minnehaha, ss: On this l9th day of October, 2018, 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 ofsioux Falls, State ofsouth Dakota; that he is a Vice President ofThe Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above insffument; that he knows the seal ofsaid insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Boad of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed ofsaid insumnce company. My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary ofThe Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attomey herein above set fonh is still in force, and funher certify that the By-Law and Resolution of the Board of Directors ofthe insurance company printed on the reverse hereof is still in force. In testi TUU ZY.mt$ have hereunto subscribed my name and affixed the seal of the said insurance company this day of The Continental Insurance Company ie D. Johnson Assistant Secretary Form F6850-412012 r)a a a J. MOHR NOTARYPUBLIC SOUTH T}AI(OTA Go to www,cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authori zing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OFTHE CONTINENTAL INSURANCE COMPANY: This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any 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, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the 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 execution power of attomeys on behalf of The Continental Insurance Company. "Whereas, the bylaws ofthe Company or specific resolution ofthe Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments oflike nature; and Whereas, from time to time, the signature ofthe Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (colle{tively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signatue ofany Authorized Officer shall be valid and binding on the Company." This Power of Attorney 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 wrilten consent daled the 25'h day of April, 2012: