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Lennar Homes of California, Inc. Faithful Performance PLN19-0083 SU1162071Community Development Department FAITHFUL PERFORMANCE BOND FOR MODEL HOME COMPLEX CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) TRACT/PARCEL MAP: IR 36303 OTHER PROJECT NO: PLN79-0083 PROJECT NAII/E: UNION PLACE/PARK RIDGE BOND NO: SU1162071 BOND AMOUNT 00 Surety. Arch lnsurance ComPany Premium: $77.00/annum Principal: Lennar Homes of California, lnc. Address: Harborside 3,210 Hudson St., Suite 300 Address: 980 Montecito Drive, Suite 302 City/State/Zip: Jersey City, NJ 07311 City/State/Zip Corona, CA 92879 Phone: e01\7434000 Phone: (951) 817-3510 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 Model Home Complex agreement whereby principal agrees to remove and refurbish the above designated plot plan, related to (TracUParcel) TR 36303 , 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 Arch lnsurance Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of Twentv-Five Thousand Five Hundred and No Cents ($25.500.00) lawful 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 fullforce 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 FOR MODEL HOME AGREEMENT 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. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on March 23 2020 NAME OF PRINCIPAL: Lennar Homes of California, lnc., a California corporation AUTHORTZED STGNATURE(S) By Name: Title:!eotfrc \tc Yrr( v 6rvrith t'dcnY NAME OF SURETY: Arch AUTHORIZED SIGNATURE: (tF coRPoRATtON, AFFTX SEAL) Hua lnsurance Company Its Atto Title (tF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. /-'?-4,- A notary or officer thiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,and not the truthful ness,accuracy orvalidofthatdocument. ACKNOWLEDGMENT State of Califomia County of On before me, (insert title of personally appeared who proved to me on the of evidence to be the person(afwhosesubscribed to the within instrument and acknowledged to me that hels:he/they name(s) is/€rig hisffitfteir authorized capacity(icsf and that by hisltrcr:fttrcir executed the same in person(s), or the entity upon behalf of which the persoffi signature(a)on the instrument theacted, executed the instrument. l,::#y#XfiX5:fi9"?:,PERJURY under the raws orthe state or carirornia that the roresoins WITNESS my and officialseal. a 6-':-R\w rdRTN SPLETzER Notary Public - California Riverside County Commission i ?Z AZJOlly Comm. Expires Jul 27, 2OZ2Signature(Seal) ) I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individuat 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 Oranqe on HAR232020 before me,Kathv R. lvlair. Notarv Public ) ) DATE [Name of Notary Public and Title "Notary Public'] personally appeared lName(s) of Signe(s)l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a+e 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. [Vlv Hrra KATHY R. MAIR Notary Public - California Orange County Commission # 2193966 l4 Comrn. Exoires WITNESS my hand and official seal /\, S of Notary Public Place Notary Seal Above 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 Corporate Officer - Title(s) Partner-E timiteo tr General Attorney-in-Fact Guardian or Conservator Signer's Name: Corporate Partner - lndividual Trustee Other: Attorney-in-Fact Guardian or Conservator trntrntr trtrtrtrtr lndividual Trustee Other: Xtr trtr Signer ls Representing:Signer is Representing: T Atc 0000279979 THIS POWER OF ATTORNEY'S NOT VALID UNLESS 'T'S PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acfs of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, lnterest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Kathy R. lVair, Mechelle Larkin and tvly Hua of lrvine, CA (EACH) its true and laMul Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninetv Million Dollars ($90,000.000.00). This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company 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 its principal administrative office in Jersey City, New Jersey. Thrs Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15,2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 201 '1 : VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15,2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. Page 1 of 200rv10013 00 03 03 Printed in U.S.A. Atc 0000279979 Attested and Certified Arch lnsurance Company hA {r#** Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS dM n, Executive Vice President qE-N$-'g-PH I [ADff,Pg1;1gg it tt" "'I Arch lnsurance - Surety Division 3 Parkwayl 1$iri*e iilEQq, i', r,..,,,!r,.. , \(e(.r .r:,,( ,,n,xr,,re\ 6hi taf,4Bhia, PA,1,9,1,9?, \ r,,il..,r,,,,e( i, \,r.11, llr,l,l. l',1I,' r.,,i . il', \,,r\l \() l, ;, I'rrrrr.,,1.r. I r Lr.. , . ,L l, I hc follos ing s([rill [c{ttrrcs er((cd sttr(r nra[dates. ll-sonlconr trics t) crase or copy. .\rk)r will ln)k rllcred and will sl rndcrlying pillEr- Franle or([n(l lcalures Iist tx)x is.SECLJRIl'YOUARDPLUSI\IIC and cail hc \ ic$cd with a ma{ilil I 'l hc follouing securitt featuRs crcNd slalc nrandilte Securilt Fra(ures l)ocililrrtrl ADDctran(( il Altrred Ssuity ]'ratuf6 l:LlittJ(qiph . -' rR..,ir.-lnk-v .rrru l}l,l.!fttrd ing sruritl fraturr$ r\cc0d strt( nrandntr l)ocunrenl Appear{rrN il' Allercd l, Michele tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a -t; i, Notary Publi My co on expires 07/31 CERTIFICATION l, Patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated June 4. 201 9 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch lnsurance Company. lN TESTIMON" *r=*=l[ j 101f, :?!ffi .ror"ribed my name and affixed the corporate seal of the Arch lnsurance Company on this _day ot }llAR Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: 0 u,rrr{x^rt 5[At rgfl Ihm*rl ilsr.try hrbtk o{ t*l }sTl*rAL ltrlr.l$rtlJ ,rr.rrm6lf tEttItn IhrErlrl 00tv10013 00 03 03 ratrrrs ancl tt ft,ge2of 2 Printed in U.S.A. ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 4th day of June, 2019. appeared before me seal and uses and l_.rir.urc ['r(ncct(nr Llnilirm th. ( irlor: tll.Lll l\4rrr(Drintin i!trrtufrs iln(l lh( bicler(und urtrl <,rlor l ill Iq* UHdcrlliilg pap franrc around I"str(f IptTYrl rIru\ lr ARt)t,l L illtcfi lirrsu( l)nne.lr,nr