Loading...
Lennar Homes of California, Inc. Faithful Performance TM28794 1088011FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND / OR EROSION CONTROL OR LANDSCAPE IMPROVEMENTS CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR GRADING: Precise Grading Site Amenities Landscape Total The Hanover lnsurancc Company Address 440 r inrotn Sr Pacific Mavfield Parcel Map 28794 Other Project No GP18-026 P / Park Site Bond No Premium t0lr80l I $5.526.00/annurn Principal Lennar Homes of California, lnc. Address 980 Montecito Dr, Suite 302(l City/State worccster MA City/State Corona, CA zip code 01653 Zip 92879Phone (508) 853-7200 WHEREAS, the City of Menifee, State of California, and, Lennar Homes of California. lnc (hereinafter designated as "principal") have entered into, or are about lo enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated grading project, related to (GP) GP18-026P, 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 36i Thc llanover Insurancc Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Eio ht Hundred Forty Two Thousand and no/100, Dollars ($1 .842.000.00) 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 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. GPI 7-041 P Faithful Performancc Ji- $ 388.000.00$ 998.000.00$ 456.000.00 $1.842.000 00 Surety Phone (e51, 7.16-551h FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND OR/EROSION CONTROL OR LANDSCAPE IMPROVEMENTS 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 clty 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 Control Board issues a Notice of Termination. IN WITNESS WH above named, on EREOF, this instrument has been duly executed by the principal and surety February 25 NAME OF PRINCIPAL: Lennar Homes of C'alifornia, Inc.. a Catifornia corporation AUTHORTZED STGNATURE(S): By: Name Title:viL4_ (tF coRPoRATrON, AFFTX SEAL) NAME OF SURETY: Thc Hanover Insurance Compan AUTHORIZED SIGNATURE:My Hua Its Atto ey-l ct Title (lF coRPoRAT|ON, AFFTX SEAL) ATTACH NOTAR]AL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. q<o-l+k a t - .t,-ir4-r dres,'Jc,tf GPI 7-041 P Faithful Pcrlbrmance 2021 /--?/=+ _ notary pu bt c or other officer com pleting thiscertmcateverifiesoniythidentityofthendividUAIwhoSigneddocumenttowhichthiscertificateISattachedandnottheaccuracyoratidofthatdocument. ACKNOWLEDGMENT State of Califomia County of On flrrr0ht %?1 before me,It bname and of the r) personally appeared ln ,trfiy#lseH5)fo'H"?t ,.*rURY under the laws of rhe state of catifornia that the foresoins WITNESS my hand and official seal.JOOIE ATHA Notary Public - Californlr RivertideCounty Cornmi5rion , 2210696 My Co.ni'L €4ir.t F€b , l, 202: Signature (Seal) the truthfu lness, ) CALIFORNIA ALL.PURPOSE ACKNOWLEDGM ENT 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 On Ora n e FFB ??0?1 before me,Kath R. Mair, Notarv Public DATE lName of Nolary Pub ic and Ttle'Notary Pub ic'l personally appeared lVlv Hu IName(s) of Siqne(s)l who proved to me on the basis of satisfactory evidence to be the person(s) whose name($ is/ar€ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei+ authorized capacity(ies), and that by his/her/thei+ 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. J WITNESS my hand and official seal. KATHY a orri ^,iota tY Pubtic - Calia.nta Com orange C9prtlf z oMv Ca mlssion # 2193966 Imm Elprres l4a 22.2021 Signature of N Public Place Notary Seal Above OPTIONAL Document Date Number of Pages Signe(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) signer's Name: My Hua Signer's Name ! Corporate Officer - Title(s)E Corporate Officer - Title(s) Partner - lndividual Trustee Other: n Limited E GeneratX Attorney-in-Fact! Guardian or Conservator Partner - lndividual Trustee Other: ! Limited E Generat Attorney-in-Fact Guardian or Conservator Signer is Representing: ) ) 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: ntrtr Signer ls Representing: THE HAI.IOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ClTlZEtlS INSURAt'lCE COMPAiIY OF AMERICA POWER OF ATTORNEY THIS Power ofAttorney limits the acts of those named herein, and they have no authority to bind the Company except in lhe manner and to the extent herein atated. KNOW ALL PERSONS BYTHESE PRESENTS ThatTHE HANOVER INSURANCE COMPANYand MASSACHUSETTS BAY INSURANCE COMPANY, bolh being corporations organized and exisling underthe laws ofthe State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AN4ERICA. a corporation organized and existing under the laws oflhe Slale ofi,,lichigan, (hereinafter individually and collectively the "Company") does hereby constitule and appoint. Mechelle Larkin, My Hua, Kathy R. Mai., Regina Rangel, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/or Joaquin Perez OfMarsh Risk & lnsurance Services, lnc. ot Los Angeles, CA each individually, ifthere be more lhan one named, as ils lrue and laMul attorney(s) injactto sign, execute, seal, acknowledge and deliverfor, and on its behalf, and as its acl and deed any place wlhin lhe lJniled Slates, anyand allsurely bonds, recognizances, undertakings, or olher surety obligations. The execution ofsuch surety bonds, recognizances. undertakings or surety obligations, in pursuanceofthese presents, shall be as binding upon the Company as ifthey had been duly signed by the president and attested by the secretary ofthe Company, in their own proper persons. Provided however, that this power ofatlorney limits the acts of those named herein; and lhey have no authority to bind the Company except in the manner slated and to the extent ofany Iimitation sliated below: Any such obligations in the United States, in any amount Thatthis poweris madeand executed pursuantto the authority ofthefollowing Resolutions passed bythe Board of Dlrectors ofsaid Company, and said Resotutions remain in fullforce and effecl: RESOLVED: That the President or any Vice Presidenl, in con,unction with any Vice Presrdent, be and lhey hereby are authorized and empowered to appornl Attorneys-inJact of the Company, in its name and as it acts, io execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts ofindemnity, waivers ofcitation and all other writings obligatory rn lhe nature thereof, with powerto atlach lhereto the sealofthe Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon lhe Company as ifthey had been duly executed and acknowledged by the regularly elected officers oflhe Company in their own proper persons. lN WITNESS WHEREOF, THE HANOVER INSURANCE COI\4PANY. MASSACHUSETTS BAY INSURANCE COL4PANYand CITIZENS INSURANCE COMPANY OF AMERICA have caused these presenls to be sealed with their respective corporale seals, duly altested by two Vice Presidents. this 61h day of November, 2019. THE HATIOVER Il{gu COIIPAI{Y TI.IE HA OVER IXSUNATCE COriPAlIY UASEACI{USETTS BAY NAUNA CE COIIIPAIIYf^sSAOlruSETT!cotr|pAlY IM}URA CE COHPAI|Y OF AIIEiICAcmzE S OF AIT'ERICA H. Ka*l.cki. Vio{ Pr€.idonI RESOLVED: Thal any and all Powers of Attorney and Certified Copies ofsuch Powers of Attorney and certification in respect lhereto, granted and exeqrted by the President or Vice President in conjunctjon with any Vice President oflhe Company, shall be binding on the Company to the same extenl as if all signalures therein were manually affixed, even though one or more of any such srgnalures thereon may be facsimile. (Adopted Oclober 7, 1981 - The Hanover lnsurance Companyi Adopted April 14, 1982 - Massachusetts Bay lnsurance Company; Adopted September 7, 2001 - Cilizens lnsurance Company of America and affirmed by each Company on l\rarch 24, 2014) @ THE COMMONWEALTH OF LiIASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 6Ih day of l{ovembor, 20'19 before me came the above named Executive Vice President and Vice President of The Hanover lnsurance Company, Massachuselts Bay lnsurance Company and Cilizens lnsurance Company of America to me personally known to be the individuals and offcers described herein, and acknowledged thatthe seals affixed to the preceding instrument are the corporale seals of The Hanover lnsurance Company, lvlassachusetts Bay lnsurance Company and Calizens lnsurance Company of America, respectively, and that the said corporate seals and their signatures as ofricers were duly affixed and subscribed to said inslrument by the aulhoaity and direction of said Corooralions. t/ My Jlgls 15,2023 TIIE HANOVER IIISURAAICE COIP 'IYHUSETTS BAY I,{AURAiICE COIIIPAI{Y l, the undersigned Vice President of The Hanover lnsurance Comr?ny, lllassachusetls Bay insu.ance Company and Cilizens lnsurance CompanyofAmerica, hereby cerlify thal lhe above and foregoing is a full, true and correcl copy oflhe Original Power ol Atton rey issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals ol said Companies, al Worrester, Nrassachusetts, lhis ?5'h day ol Fefiuary 2021 AnLEEr,l v. sluollsLolrrt ?ublL Iy Comrnl. o,,l Errtrn ?023 grahirf,ltt 0f CERTIFIED COPY Cardcl A. Ellgi, or^ Eilca ffi\:j7 cofll I i