Lennar Homes of California, Inc. Faithful Performance TM36303 30077060Park Ridge & Union Place
Menifee Town Center
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage 4,304,000.00
Flood Control
Water System
Rec. Water
Sewer System
0.00
$ 808.500.00
Tract Map 36303
Other Proj. Ref. lP19-005
Bond No. 30077060
Premium $ 17,645.00/annum
$
$189,500.00
$579 500.00Total $ 5,881,500.00
Surety The Continental lnsurance Companv
Address 151 N. Franklin Street
City/State Chicaqo, lL
Lennar Homes of California. lnc.Principal
Add ress 980 Montecito Drive
Zip code
Phone
60606
(312\ 822-5000
City/State Corona, CA
zip 92879Phone (951) 817-3680
tP19-005 , which agreement(s) is/are hereby referred to and
WHEREAS, the City of Menifee, State of California, and Lennar Homes of California lnc.
(hereinafter designated as "principal") have entered into, or are about to enter into, the aftached
agreement(s) whereby principal agrees to install and complete the above designated public
improvements relating to
made a part hereof; and,
TM 36303
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 Continental lnsurance Company , as surety,
are held and firmly bound unto the City of Menifee in the penal sum of Five Million, Eiqht Hundred
Eiohtv One Thousand. Flve Hundred and no/l00, Dollars, $5.99!-@99 lavrrful 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 huly
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
indemnifo and save harmless the City of Menifee, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; othenvise, 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.
FAITHFUL PERFORMANCE 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 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 for the one-year maintenance period provided for in the agreements(s).
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 STGNATU RE(S):
By:
Name: beo€€rtV ?nla
Tifle: Vr cz kq:du*
NAME OF SURETY:
(tF coRPoRATlON, AFFTX SEAL)
The Continental lnsurance Company
AUTHORIZED SIGNATURE:My Hua
Its Attorn Fact Title
(tF coRPoRATlON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTOFNEY.
IN.FACT.
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 Riverside )
on August 26,20t9 before me,Karen SpleEer, 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(p)'whose name{si is/are
subscribed to the within instrument and acknowledged to me that hehhelthey executed the same in
hisllre#theirauthorized capacity(ice|3nd that by hislhe#tlrchsignature(slon 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 h and seal IUREN SPLETZER
Notary Pubtic ' California
Riverside CountY
Commission t 271E730
My Comm. Expires Ju\27,707']-
zz
zz
Signature (Seal)
CALI FORN IA ALL.PURPOSE ACKNOWLEDGMENT
A notary public or other otficer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attiached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oranqe
AU0 2 2 20rg
On before me,Kathv R. Mair. Notarv Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My 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/tlpir authorized capacity(es), 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 sea!.
z
KATHY R. fI4AIR
Notary Public - Catifornia
0range County
Commission # 2t93966
C 0 r. rn E x p ire S l,n.zV 2? ?021
zzz
M
Signature of ry 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
Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
sig ner's Name: My Hua Signer's Name
tr Corporate Officer - Title(s):tr Corporate Officer - Title S
tr Partner- tr Limited I Generaltr lndividual X Attorney-in-Facttr Trustee tr Guardian or Conservator
tr Partner-tr Limited General
tr lndividual E Attorney-in-Fact
tr Trustee tr Guardian or Conservatortr other:tr other:
Signer ls Representing:Signer is Representing:
)
)
I'Mel\&;
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT
Know All Men By These Pres€nts, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized aod existing
insurance company having its pdncipal office in the City ofChicago, and State oflllinois, and that it does by vidue ofthe signature and seal herein
affixed hereby make, constitute and appoint
Kathy R Mair, Mechelle Larkin, My Hua, Individually
of Irvine, CA, its true and lawful Attorney(s)-in-Fact with full powe. and authority hereby conferred 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 if such instruments were signed by a duly authorized officer ofthe insurance company and all
the acts of said Attomey, 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 hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
h Witness Wher€of, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this l9th day of October, 2018.
The Continental Insurance Company
Paul B Vice President
State ofSouth Dakota, County ofMinnehaha, 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 rcsides in the City of Sioux Falls, State of South Dakota; that he is a Vice President ofThe Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above insfumenq that he knows the seal ofsaid insurance company; that the seal affixed to the said
instrument is such corpomte seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pu$uant to like authority, and acknowledges same to be the act and deed of said insurance company.
My Commission Expires June 23,2021 J. Mohr Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secrctary ofThe Continental lnsurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further cenify that the By-Law and Resolution ofthe Board of Directors ofthe insurance company
company this _ day of
monv whereof I
AUG 7 ? ?fi1
have hereunto subscribed my name and affixed the seal of the said insuranceprinted on the reverse hereof is still in force. In testi
il
The Continental Insurance Company
D. Johnson Assistant Secretary
Form F6850-412012
a
J. MOHR
Go to www.cnasurew.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 TNSURANCE COMPANY:
This Power of Attorney 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 spe.ific documents, agreements and insffuments 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 Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf ofThe Continental lnsurance Company.
"Whereas, the bylaws of the 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 of like nature: and
Whereas, fiom 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 (collectively, "Elecffonic Signatures"); Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
This Power of Attomey 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 writl,en consent dated the 25'h day of Apd,l.2Ol2: