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Western Pacific Housing, Inc. Material and Labor Bond TM30507 016072567FOR: Grading i Drainage $ Erosion Control $WQMP $Total $ MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 15 000.00 Tract 30507 13 500 00 Other Project No 94 500 00 Bond No. 016072567 123 500.00 Address 2055 Suqarloaf Circle Address 2280@ City/State Duluth GA C ity/State Corona CA zip 30097 Zip 92BBOPhone (951) 739-5402 WHEREAS, the City of Menifee, State of California,and Western Pacific Housinq. lnc. a Delaware Corooration dba D.R. Horton. Amerrca's Builder, (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 & WQMP relating to Tract Map 30507 , 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 rs made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil 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, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of One Hundred Twenty Three Thousand Ftre llundrcdeldlol1Qll ,Dollars, $ 123,500.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance 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. 9/8/t5 Premium $ lncluded in Performance Bond Surety Libertv Mutual lnsurance Comoanv Principal Western Pacific Housinq. Inc. a Delaware Corporation dba D.R. Horton. America's Builder Phone (888) 557-0524 Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 9/8/ t5 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 December 7. 2016. AUTHORTZED STGNATURE(S) By Name Title: L (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Liberty Mutual lnsurance Company 0. .gr^4r-, It's A rney-in-Fact Title Margaret A. Ginem (rF coRPoRATlON, AFFrX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT. \(L c/o Willis of Florida, lnc, 4211 W. Boy Scout Blvd., Ste. 1000 Tampa, FL 33607 lnquiries: (813) 281-20959/8/r5 MATERIAL AND LABOR BOND NAME OF PRINCIPAL: Western Pacific Housins. Inc.. a Delaware Corporation dba D.R. Horton, America's Builder AUTHORIZED SIGNATURE. Senate Bill 1050. amends Sections 1189 and I195 of the Civil Code and Section 8202 of the Govemnrent Code, relating to notaries public. 'the below physical format of the new disclosure notice is an example. fbr purposes of illustration. A notary public or other officer cornpleting 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 ofthat docurnent. State of ra County of !€ o"Demrikr 4,2-ol{v before nre,d lct fur,Ptbl,ereA insert name and title ofofficer), personally appeared , wlro proved to me on the basis of satisfactory evidence to be the within to me lhal ghe person(\ whose ib/she/t'hqy ixecute h\/t",ltPfsubscribed to t1) authorized gnature( entity upon ted the instrunrent I certi! under PENALTY OF PERIURY under the laws of the State of Califonria that the foregoing paragraph is true and correct WITNESS rny and and ollcial seal. Signature (Seal) AI{GELYN GUTIEBREZ Commission * 2060404 tJotrry Public - C.lilornia Rivr13ide Counly Comm. E r?s t ar 0.2018 instrumenl and acknowle(ged capacity\s), and that by..lils/h behalf of rlhich the pcrson(\ac er\ir si led, execrr \n the instrument the personQ, or the z@ ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH ln witness whereof, I have signe this certificate first above written SS. d and affixed m official seal on the date in ) On this 7th day of December,2016 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within lnstrument as Attorney-ln-Fact on behalf of Liberty Mutual Insurance Gompany and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. <__ Sig n atu re Anett Cardinale ANETT CARD1NALE flCommlssion F lF 38482jExpkesuly2028,I1a.r-a nr! t,q fn h.qi.. This area.for Officiul Notariul Seal ooo o G aD(, E ofpa C' o q, o oc, o o G =T'c, a o o o o9 d o dE"o E') o E o p oz otro o =od ;h t! ooq, o E o (! o oaE otoo T' o; (,o-o o o:,N@EN g @ool)(0 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thi3 Po$/€r ol Attorney limits the act3 oftho3e named herein, and they have no authorityto bind tha Company ercept in the mannor and to the oxtent herein stated. Certificate No. 736Bs3E American Fire and Casually Company Liberty Mutual lnsurance Company The ohio Casually lnsurance Company WestAmerican lnsurance Company POWER OF ATTORNEY KNOWNALL PERSONS BY THESE PRESENTS: ThatAmerican Fke & Casualty Company and The Ohio Casually lnsuranc6 Company aro co@oralions dulyorganized underlhe laws of Anett Cardinale; Brandy L. Baich; David H. Carr; Eileen C. Heard; Margarel A. Ginem allol lh€ cily . slale of FL each individually iflhere be morelhan ong narned, its 1ru6 and lawful anomey-in-lacl lo maks, executg, seal, acknowledge be as bindiog upon lhe Companies as if they have besn duly sigoed by lhe presidenl and altesled by lh6 secretary ol the Companies in lheir own proper persons. lN WITNESS WHEREOF, lhis Power of Attomey has been subscnbed by an auhorized offrcer or oflicjal ol lhB Companies and he coeorate seals ol lhe Compsnies have been affixed thereto lhis 18lh day of 20r6 Amedcan Fire and Casualty Company The Ohio Casually lnsurance Company Liberty Mutual lnsurance Company lnsurance Company By STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY oavid M Assistanl Secretaryss On this -l!!!- day ol [,lay -?9]1, belore me personally appeared David M. Carey, who acknowledged himsell to be lhe Ass6lant Secrelary of American Fire and execule the foregoing instrumenl for lhe purposes thereio contained by signlng on behalf of lhe corporations by himsellas a duly aulhonzed oflicer. lN WITNESS WHEREOF.lhave hereunlo subscribed n and aff (ed my notadal seal al Piymouth Meeling, P€nnsylvania, on the day and year li6t above w llen COMMONWEALTH OF PENNSYLVANIA D,,*t /-ru-Notanal Seal To.6sa Paslolla Nolary Public Plymoulh Twp., Monlgom€ry County My Commission Exp res MBrch 28,2017 Ier6sa Pastella, Nolary Public Member, Pen.iylvania AssdErron ol Notaies Thls Power oJAttoney is made and executed pumuanl lo aulhonty of lhe {ollowio0 By-laws andAuthorizations o{Amorican Firo and Casualty Company, The 0hio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolulions are now in full forc€ and effect roading as lollows: lhe provisions olthis arlicie may be rcvoked at any lime bythe Boad, the Chaiman, the President orby the ofrcer or ofiicerc granling such power or authority. exedrled such instrumenls shall b€ as binding as il signed by he presidenl and attested by lhe secrelary. obligations. Compa6y, whe.ever appearing upon a cedified copy of any powe. of attomey issued by the Company in conneclion wilh surely bonds, shall b€ valld aod binding upo0 lhe Company with th€ same torce and efiect as lhough manually aflixed. Companies, is in full force and eftuci and has not been revo*ed. lN TEsTllilotlY WHEREoF, I have hereunlo set my hand and aflixed the seals ol."io corp"n,"" thi, Ld"yof Drqlwbl,-,20 ' Gregory W Davenporl, Assistant Secetary r9t2 i: .$ 1906 19065 t9t2I l99l E -i LMS 12873 122013 8y 383 of 500 oq?t o;oo-E(, P and appoinl, By: r 991