Lennar Homes of California, Inc. Material and Labor TM36303 9311340FOR: Grading / Drainage $
Erosion Control $
WQMP
Total
203 250.00
373,250.00
Surety Fidelity and Deposit Company of Maryland
Address 1299 Zurich Way
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1 )
121 500.00 Tract 36303
48,500.00
Menifee Town Center DA5
Other Project No. GP19-004R
Bond No. 9311340
Premium $ lncluded in Performance Bond
Lennar Homes of California, lnc.
980 Montecito Drive Suite 302
Principal
Address
City/State Schaumburg, lL City/State Corona CA
zlP 601 96 zip 92879
Phone (847) 605-6000 Phone (951) 817-3567
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
attached agreement(s) whereby principal agrees to install and complete the above designated
Grading, Erosion Control, and WQMP relating to (Tract Map) TR36303 which agreement(s)
is/are hereby referred 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 Civi! 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, Iaborers, material persons and
other persons employed in the performance of said Civil Code in the sum of Three Hundred
Seventv-Three Thousand Two Hundred Fiftv and no/100 ,Dollars, $ 373.250.00 for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety 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 attorney'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 under Title 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; othenruise, it shall be and remain in full force and effect.
9l8lt5
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 surety.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on 2019
NAME OF PRINCIPAL. Lennar Homes of California, lnc., a California corporation
AUTHORTZED STGNATU RE(S)
By:
July 10
Name: GiffiTitle:VicC frrsid{n+
NAME OF SURETY
(lF coRPoRATtON, AFFTX SEAL)
Fidelity and Deposit Company of Maryland
AUTHORIZED SIGNATURE:
Its Attorney-i My Hua Title
(tF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
9l8lts
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{<) whose name(<} islarg
subscribed to the within instrument and acknowledged to me that he/slrclthey executed the same in
hisrffittteirauthorized capacity(bs), and that by hisffitfieir signature(afon the instrument the
personffior the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.IUREN SPLETZER
Notary Public' Catifornia
Riverside CountY
Commission # 21.48130
My Comm. Expires Jut 27, 2022
z7
zz
Signature (Seal)
CALI FORN !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 Oranoe
on JUL 10 2ot9 before me,Kathv R . Mair Nota rV Public
DATE [Name of Notary Public and Title "Notary Public"]
Mv Hua -personally appeared ,
IName(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/thei+ 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 seal.
KATHY R. fulAIR
Notary Public - California zz7z.Orange County \Commission #2193966
My Comm. Expires May 22,2021
Signatu ofN 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) Glaimed by Signer(s)
Signer's Name:Mv Hua Signer's Name:
tr Corporate Officer - Title S trtrtrtrtr
Corporate Officer - T
Partner - tr Limited
itle(s)trtr Partner-tr Limited General Generaltr Individuat
tr Trustee
X Attorney-in-Fact
tr Guardian or Conservator
lndividual f] Attorney-in-FactTrustee n Guardian or Conservator
Other:tr other:
Signer ls Representing:Signer is Representing:
d&'
fu#se'rtw,#z
ZTIRICH AM ERICAN INSTIRANCE CON{PANT'
COLONIAL AMERICAN CASTIALTY AND SI.IRETY CO}IPAN}'
FIDELITY AND DEPOSIT COMPANT'OF MAR}'LAND
POWER OF ATTORNEI'
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corpo.ation ofthe State ofNew
York the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation ofthe State of lllinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murr.y, Vice President, in pursuance ofauthority granted by Article V, Section 8, ofthe By-Laws ofsaid Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominare, consritute,
and appoint Mechelle LARKIN, Karhy R. MAIR" rnd My HUA, all oflrvine, Crlifornia, EACH, its true and lawful agent and Attomey-
in-Fact, to make, execute, seal and deliver, for, and on its behalfas surety, and as its act and deed: any and ill bonds rnd undertrkings,
and the execution ofsuch bonds or undertakings in puNuance ofthese presents, shall be as binding upon said Companies, as fully and amply,
to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH
AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected ofticers of the COLONIAL
AMERICAN CASUALTY AND SUREry COMPANY at its oflice in Owings Mills. Maryland., and lhe regularly elected oflicers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own prcper persons.
The said Vice President does hereby certi& that the extract set forth on the reverse side hereofis a true copy of Article V, Section 8, of
the By-Laws ofsaid Compalies, and is now in force.
lN WITNESS WHEREOF, the said Vice-President has hereunto subscribed hiVher names and amxed the Corporate Seals ofthe said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SIIRETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this lst day ofMay. A.D. 2019.
ATTEST:
ZTIRICH AMERICAN INSURANCE COMPANY
COLONIAL ANIERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
':,$a,,*, trql*r"
By: Datln E. Brown
Secretary
State of Maryland
County of Baltimore
On this lst day of May, A.D. 2019, before the subscribet, a Notary Public ofthe State of Maryland, duly commissioned and qualilied, Rob.rt D.Murr.y, Vice Prcsidcit rnd D.wn E. Bmwn, Sacr.t ry ofthe Companies, to me personally known to be the individuals and ofticers described in and who
executed the preceding instrumen! and acknowledged the execution of same, and being by me duly s\r,om, deposeth and saith, that he/she is the said ofiicer of
the Company aforesaid, and that the seals affxed to the prec€ding instrument are the Corporate Seals ofsaid Compani$, and that the said Corporate Seals and
the signature as such officer \lerc duly aflixed and subscribed to the said instrument by the authority amd direction ofthe said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Offcial Seal the day and year first above written.
C^ "Ii-"*a..b.r*r.;
Constance A Dunn, Notary Public
My Commission Expires:July 9,2019
*
reet
$\!ti,iri.i.i,..i:rI#$
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V, Section 8, 4!!q49]s:i!iEgg!. The ChiefExecutive Oflicer, the President, or any Executive Vice President or Vice President
may. by w tten instaument under lhe attested corporate seal. appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instrume[ts on behalfof the Company. and may authorize any officer or any such
attomey-in-fact to affix the corporate s€al ther€to; and may with or without cause modiry ofrevoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certi& that the
foregoing Power of Attomey is still in full force and effect on the date ofthis certificate; and I do further certify that Article V, Section 8, of
the By-Laws ofthe Companies is still in force.
This Po$er of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors ofthe ZURICH AMERICAN NSURANCE COMPANY ar a meeting duly called and held on the l5th day ofDecember 1998.
RESOLVED: "That the signature ofthe President or a Vic€ President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal ofthe Company may be alfixed by facsimile on any Power of Attomey...Any such Power or any certificate thereofbearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeling duly called and held on the 5th day of
May, 1994, and the following .esolution of the Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day ofMay, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal ofthe company and facsimile or mechanically reproduced signature
ofany Vice-President, Secrctary, or Assistant Secretary ofthe Compaly, whether made heretofore or hereafter, wherever appearing upon a
certified copy ofany power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY
this _ day of
*"Jtfrol'reunto subscribed my name and affixed the corporate seals of the said Companies,
Bw,trl,y--
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
INFORMATTON TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60 196-1056
www. reportsfc I ai m s @z uric h n a. com
800-626-4577
teoa
CERTIFICATE OF ASSISTANT SECR.ETARY
OF
LENNAR HOMES OF CALIFORNIA, INC.
AUGUST 1,2017
The undersigned, Sandra Leyva, as the duly elected, qualified and acting Assistant
Secretary of LENNAR HOMES OF CALIFORNIA, [NC., a California corporation (the
"Corporation"), hereby certifies that:
Attached hereto as Exhibits A and B are true, correct and complete copies of the
Certificate of Incorporation and the Bylaws of the Corporation, respectively, and
there have been no amendments or modifications thereto as of the date hereof.
2. Attached hereto as Exhibit C are true, correct and complete copies of certain
resolutions duly and unanimously adopted by the Board of Directors of the
Corporation by Written Consent, dated June 28, 2006. Such resolutions have not
been amended or repealed and remain in full force and effect.
3. MARK TORRES is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 5, 2007 . He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
4. JEFF CLEMENS is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on June 26,2006. He is insumbent in
such office as of the date hereof and is authorized to sign documents on behalf of the
Corporation.
5. GEOFFREY SMITH is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 7,2075. He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
fSignature Page Follows]
1
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant
Secretary on behalf of the Corporation effective as of the date first written above.
Leyva,Secretary
STATE OF FLORIDA
COLINTY OF MIAMI-DADE
Sworn to and subscribed before me this l't day of August 2017, by Sandra Leyva,
Assistant Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of
the Corporation. She is personally known to me and did not take an oath.
NOTARY PUBLIC
2
CHARIESGA}TBIE
MY @MMISSION T GG 03?920
E\PIRES: l{oulmbcr 7, 2020
Sqtd.d1lrru No[ry Pubftc tlndcnttlbn
MIAMr 2109 s24.3 7 23932609 4