Lennar Homes of California, Inc. Faithful Performance TM36303 9311340FOR GRADING:
Rough Grading
Erosion Control
WQMP
Tota!746 500.00
FAITHFUL PERFORMANCE
FOR GRADING, EROSION CONTROL, & WQMP
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Menifee Town Center DAS
243,000.00
97,000.00
406,500.00
Tract Map 36303
Other Project No GP19-004R
$
$
Surety Fidelitv and Deposit Companv of Maryland
Address 1299 Zurich Way
City Schaumbu ,tLZip oot go
p5
Bond No
Premium
931 1 340
$2,016.00/annum
Principa I Lennarllomes of California, lnc.
Address 9SLMontecito Drive, Suite 302
City Corona CAZip 92879Phone (951) 817-3567
$
WHEREAS, the City of Menifee, State of California,and Lennar Homes of California, lnc.
(hereinafter designated as "principa!") 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 Map)TR36303 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
faithfu! performance of said agreement(s);
NOW, THEREFORE, we the principal and Fidelity and Deposit Company of Maryland , as surety, are
held and firmly bound unto the City of Menifee in the penal sum of Seven Hundred Fortv-Six
Thousand Five Hundred and no/l00, Dollars, $ 746.500.00 laMu! 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.
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FAITHFUL PERFORMANCE BOND
FOR GRADING, EROSION CONTROL, & WQMP
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 Contro! Board
issues a Notice of Termination.
IN WITNESS WH
above named, on
EREOF, this instrument has been duly executed by the principa! and surety
2019
NAME OF PRINCIPAL: Lennar Homes of California, lnc., a California corporation
AUTHORTZED S TGNATU RE(S):
By:
July 10
Name:iffffit'nf'{^Title
(tF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY: Fidelity and Deposit Co pany aryland
AUTHORIZED SIGNATURE:
Its v-in-Fact My Hua Title
(tF CoRPoRATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
V
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CAL!FORNIA ALL-PU RPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulnest, accuracy, or validity of that document.
State of California )
)County of ranoe
on JUI lfl lnro before me,Kathv R. Mair, Notarv PublicDAtE-[Name of Notary Public and Title "Notary Pubtic"]
personally appeared Mv Hua
[Name(s) of Signe(s)]
t
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their 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 certifu 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.
ffi KATHY R. MAIR
Notary Public - California
Orange County
Commission il 2193966
My Comm. Expires May 22,2021
zz .Cn h
Signature of N 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 trtrTtrtr
Corporate Officer - T
Partner - tr Limited
itle(s)trtr Partner-tr Limited General Generaltrlndividual X Attorney-in-FactTrustee tr Guardian or Conservator
lndividual E Attorney-in-FactTrustee tr Guardian or Conservator
Other:tr other:
Signer ls Representing:Signer is Representing:
@J\
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 July 11, 2019 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!,*fwhose name(s) is/are,-
subscribed to the within instrument and acknowledged to me that he/sHthey executed the same in
his/Ierltheir authorized capacity(ie€fnd that by his#ffitheir signatur@on the instrument the
person(:)i or the entity upon behalf of which the person{slacted, 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 ha and official seal.IUREN SPLETZER
Notary Pubtic - Gtifornia
Riverside CountY
Commission fr 274E730
rt{y Comm. Expires Jul77,7022
Zz
zz
Signature (Seal)
ZTIRICH ANIERICAN INSTIRANCE CONTPANY
COLONIAL AMERICAN CASTIALTY AND SI-IRETY COMPANY
FIDELIT}'AND DEPOSIT COMPANY OF MAR}'LAND
POWER OF ATTORNEI'
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation ofthe State ofNew
York, the coLoNIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the state of llinois, and the FIDELITYAND DEPOSIT COMPANY OF MARYLAND a corpomtion of the State of Illinois (herein collectively called the "Companies',), byRobert D. Murray, Vice President, in pursuance ofauthority granted by Article V, Section 8, ofthe By-Laws ofsaid Companies, which are
set forth on the reveme side hereof and are hereby certified to be in full force and effect on the date hereoe do hereby nominate, constitute.
and appoint Mechelle LARKIN, Kathy R. MAIR, and My HUA, rll of Inine, Celiforni{, EACH, its true and la\eful agent and Attomey.
in'Fact, to make, execute, seal and deliver, for, and on its behalfas surety, and as its act and deed: rny and.ll bords.nd undertakings,
and the execution ofsuch bo.ds or u.dertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and ampiy,to all intelts and purposes, as if they had been duly executed and acknowledged by the regularly elected ollicers of the ZURICHAMERICAN INSURANCE COMPANY at its office in New York New York., the regularly elected officers of the COLOMALAMERICAN CASUALTY AND SUREry COMPANY at its office in Owings Mills, Maryland., ard the regularly elected oflicers of theFIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certiry that the ext act set forth on the reverse side hereofis a true copy of Article V, Section 8, of
the By-Laws ofsaid Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seats of the saidZTIRICH AMERJCAN INSURANCE COMPANY, COLONIAL AMERICAN CASTIALTY AND SUR"ETY COMPANY, TTdFIDELITY AND DEPOSIT COMPANY OF MARYLAND, rhis lst day ofMay, A.D. 2019.
*
ATTEST:
ZTIRICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SLIRETY COMPAN}'
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Mutay
L'ice President
i7)a**, {rWou,
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this lst day of May, A.D. 2019, before the subscriber, a Notary Public of the state of Maryland, duly commissioned and qualified, Rob.rt D.Murrry, Vica Pr.sid.nt rnd Drwn E. Brown, S..rctrry ofthe Companies, to me personally known to be the individuals and ofticers described in and who
€xecuted $e preceding instrumen! and acknowledged lhe execution of same, and being by ine duly s$om, deposeth ahd saith, that he/she is the said ofricer of
the Company aforesaid, ahd that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corpomte Seals and
the signature as such ofTicer were duly alfixed and subscribed to the said insrument by the authority and direction of the said Corporations
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
C""^"[-"-a.b.^^a^;
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2019
,..:i$ry:,l.iit -) il:'.,1.. / +) i\ _.
,',,,]ll.#;*n'll:'
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EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V. Section 8, 4EeEey!:i!:Egg!. The ChiefExecutive Officer, the Presiden! or any Executive Vice President or Vice President
may, by wdften instnrment under the attested corporate seal. appoint attomeys-in-fact with autho ty to execute bonds. policies.
recognizances, stipulations, undertakings, or other like instruments on behalfof the Company, and may authorize any officer or any such
attomey-in-fact to aflix the corporate seal thereto; and may with or without caus€ modify ofrevoke any such appointment or authority at any
time " .ERTTFT.ATE
I, the undercigned, vice president of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do heTeby ceTtiry thAt the
foregoing Power ofAftomey is still in full force and effect on the date ofthis certificate; and I do further certify that Article V, Section E, of
the By.La\rB ofthe Companies is still in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors ofthe ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th day ofDecember 1998.
RESOLVED: "That the signature ofthe P.esident or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
atld the Seal ofthe Company may be aflixed by facsimile on any Power of Attomey...Any such Power or any certificate thereofbearing such
facsimile signature and seal shallbe valid and binding on the Company."
This Power of Attorney alld Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day ofMay, 1990.
RESOLVED: "That the facsimile or mechalically reproduced s€al ofthe company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary ofthe Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy ofany po\,!€r of attomey issued by the Company. shall be valid and binding upon the Company with the same force and elfect
as though manually affixed.
this _ day of
IN TESTIMONY *rt\?[,
lT:ldffeunto
subscribed my name and affixed the corporate seals of the said Companies,
Bwotrl***
Brian M. Hodges" Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60 I 96-l 056
www.reDortsfclaims (dzurichna.com
100c
SEAL-
irF
800-626-4577