D.R. Horton Los Angeles Holding Company, Inc. Faithful Performance Bond TR37400 3648776FAITHFUL PERFORilIANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE ITUIPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Govemment Code Section 66499.1)
FOR GRADING:
Grading/Drainage
Erosion Control
WQMP
Total
478.500 .00 Parcel Map TR3 400
$
$
211.875.00 Other Project No.$G
Bond No.
Premium
7877
$690,375.00
Surety The Continental lnsurance Companv Principal D.R. Horton Los Anoeles Hotdino Comoanv tnc.Add
City
ress 801 Wanenville Rd.. Suite 700
/State Lisle. lL City/State Corona. CA
Cir. #100AddressWardlow
zip code 60532 zip
Phone 630-71$30fi)Phone (951 ) 739-5469
WHEREAS, the City Council of the City of Menifee, State of California,and D.R. Horton Los AnqelesHoldinq Companv lnc. (hereinafter designated as 'principal') have entered into, or are about to enterinto, the attached agreement(s) whereby principal agrees to install and complete the above designatedgrading projed, related to (Parcel Map) TR37{D , which agreement(s), dated
is/are hereby refened to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to fumish bond(s) for thefaithful performance of said agreement(s);
The Continental lnsurance ComDanv. as surety, are held
and firmly bound unto the City of Menifee in the penal sum of Six Hundred Ni Thousand ThreeHundred Seventv Five and no/100.Dollars 13690.375.00)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, sucoessors or assigns, shall in all things sland to and abide by, and well and truly keep
and perform the covenants, conditions and provisions in the said agreement(s) 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, rts ofiicers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and
efiect.
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 attomey's fees,
incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
9/8/15
-E
NOW THEREFORE, we the principal and
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR TANDSCAPE ITPROVEMENTS
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement(s) or to the work to be performed there under or thespecifications accornpanying the same shall in anyrise affect its obligation on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement(s) or to the work or to the speciflcations.
Surety further stipulates and agrees that the provisions of Section 2M5 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(s) is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is be released.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on Apdl 23.2021
NAME OF PRINCIPAL: D.R. Horton Los Anoeles Holdino ny lnc.
AUTHORIZED SI GNATU RE(S) :
NAME OF SURETY: The Continental surance Comoanv
AUTHORIZED SIGT.IATURE:
l. Moore, lts Attorney-in-Fact
(tF coRPoRATrON, AFFTX SEAL)
9/E/15
ATTACH NOTARIAL ACKNOU'LEDGf,ENT OF STGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
FOWER. OF ATTORNEY APPOINTTNG TNDTVU)UAL ATTORNEY-iN-FACT
Kmw All Mo By Thae Prc!.Ba,Thar The Continental Insurarlcc Company, a Pennsylvania insurance company, is a duly organized md exisringinsurance company having its principal offcc in the City ofchic€go, and Surc of lllinois, and that it does by virtue'ofthc signaturc ind seal hc.einaffixcd hereby make. constitute and appoint
Jemes I Moore, StePbcD T Krzmcr, Melkse Schmirtt, Any WicLctt, Kclly A Grrdner, Jcnriler J Mc Coob, IlawnL Morgtn, Trricsc M Piiciotto, Diric M Rrbright, Mrrtin Mocs, ludiyUulty
of Downers Grove, IL, its true and lawfirl Altoms(s)-iD-l.act with full power and authority hc.Eby conferred to sign, s€al and exccute for and on itsbehalf bonds" undertakings and other obligarory in5tulments of similar nsture
- h Unlimit€d Anounts -
and to bind th9m lhcreby as fully and r rhc samc ottsnt Es if$rch instrunents were signcd by a fuIy authorized oftcsr ofthc iosurancc company and allthc acts of said Attomey, pulsuatlt to the aurhority hercby givor is hereby rarified and confirmed.
This Power of Aatomey is madc and yxecuted pususnt lo and by authority ofth€ By-l-aw {nd Resolutions, pdnted on thc rcvcrse hereof, dulyadopted, as indicared by the Board ofDircctors ofthc insurance company.
lo trYitncss r hrcof, The Cootimntal lnsurancc Company has caused ttrcse pr€sens b be signcd by its Vicc Prcsirror ad its corpoide seal to behercto aflixcd on this lst dsy ofApril 2m0.
The Continenlal Insurance Company
Paul Bruflat ice President
State of South Dakota. Comty of Minnehaha, s:
On this lst day ofApril,2020, before rIG pcrsooally c.me Paul T. Brufld ro s!€ krowD, who. bchg by.n€ duly svo]tl did deDos€ and say: that he
resides in the City ofSioux Falk, Stare ofSouth Dalot4 that he is a Vicr PrEsidenr ofTh€ Contin€rfal lnsu6nc. Cornpony, a pennsylvania ilsr.anco
company, describcd in ald which cxecurcd the abovc instrum€nq thel he knou/s the s€al ofsaid insurance compsny; that thc s6al affixcd to th€ said
instrumcDt is such corporate seal; thal it was so a.ffixed pursualt to authority given by the Board of DircctoN oi said insurance company 8nd thal he
siSned his rlarne lhcrcto purgrant to likc authority, and rchowledggs sam€ to b€ the act ard dced ofsaid inzururce company.
J. Mohr Notary Public
CERTIFICATf,
I, D. JohnsoB As.si*allt SecrstEy ofTh€ Contincntal Insuianc€ Compary, a Pcnnsylvalia insrracc company, do bcrcby certiry tlut thc power ofAttomey hercin abovc sct forrh is still in forcc, snd fifiher c€rti& thal rhc By-law and Rcsolution ofthc Boad ofDircctors ofthe insurance company
printcd on the revcrsc hereof is slill in fo.ce. In tgstimony whqcof I havc herEullto subscritred my name and alfxcd thc seal ofthe said io$rance
company this 23rd day of April, 202l.
The Cootinental lnsurance Company
D. Johnson Assistant Secretarv
Form F6850{/2012
J, MOIIRs#ffi@
Go to ryww.cnasurety.com > olflne, / Oblitee Setyices > Validatc Bond Coverate, if you want to yerify bond authenticity.
My Commission Expires June 23, 2021
J-'**
Authorizing By-Lews and Rcsolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTNENTAL INSURANCE COMPANY:
This Power of Atlomey is madc atd executed pusuant to and by authority ofthe following By-Law duly adopted by the Board ofDhectors ofthe Company ar I rnceting held on May !0. 1995.
*RESOLVED: Thsr any Group vice Presidcot may authorize an officer to sign specific docurrc $ agrerrcitts and hstruments on bchalfof thc Compony provid€d thal rhe nsne of such suthorizcd officer and a description ofrhe docrurrcnts,-agr€flrtns or inst,uments that suchofficer may sign *ill bc provided in rrriting by the Group Vicc Presiderf to rhc Sccretary ofthe Company prior to su€t cxcqrtioo
becominS cffectivc.
This Power of Attomcy is signed by Paul T. Brufla! Vice President who has been autlrcrized pursrant to the above re5olution to exgcution power ofatlomeys on beha.lfofThe Contin€otal Insur8nc€ Cotnpany.
This Powcr ofAnomey is siSned and sealed by facsimile under aad by $e ruthority ofthe following Resolution adopted by the Board of Dirccton of
the ( ompany by unanirnous *rinen cons€-nr dared rhe 256 day of Apdl, 2012.
"\ly'herEas, thc bylaws of thc Compoly o. spccific resolutioo ofthe Boad of Dir€ctors has althorized various officcrs (the -Authorized
Officers ') to cxecute rarious policies, bondq undertakitrgs and other obligarory instumcnts of like naturc: and
Whercir from time lo time, the signature ofthc Authorized Officers, in addition to b€ing providcd in original, hard copy forma! may beprovided via facsimile or otherwir io an elcctonic formar (collcctive ly, *Electonic Sigmtur9s"), Now thcrEforc bc it rcsolvcd: that theElcctmnic Signature of aty Authoriud Officc, shall bc valid and blding oD the Company.,,
STATE OF ILLINOIS
corjNTY oF DU PAGE)
)
On, April 23.2021 before me, a Notary Public in and for said County and Slate, duly
commissioned and swom, personally appeared, James I. Moore know! to me to be Attomey-in-
Fact ofThe Continental Insurance Companv, the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the said
instrument on behalf of the said corporation, and he duly acknowledged to me that such
corporation execuled the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires: Much 29,2024
Dawn L. Morgan,
CommissionNo.3t8533
Publ tc ofState
OFTICIAL SEAt
DAWN L, MORGAN
lllinois
.4,2024
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
trulhfulness, accu , or validity of that document
State of California
County Of Rve6 de
On Apnl27,2021 before me,S,J, PAFTADISO, NOTARY PUBLIC (insert name and title of
, who proved to me on thethe officeQ, personally appeafed Jennler L. O'Leary
basis of satisfactory evadence to be the person(3) whose name(t) is/ap subscribed to the within
instrument and acknowledged to me that k/she/llnsexecuted the same in hio{her/ttFiRauthorized capacity(ioft), and that by ffiher/th€axsignature(g on the instrument the person(Sd,
or the entity upon behalf of whlch the person(9i 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 S. J, P^RADISO
Not,ry Publi(' Cilifornl.
Rlvertide County
Coon]ilnon, 2279826
Comm. txpira! ),1,r 7, 2021
Signature (Seal)z
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