Pulte Home Company, LLC Faithful Performance ES00009298 32102-1 (2)Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1 )
1 -Year of Maintenance $ l2r32O,O0 Tract/Parcel Map
No.
Tract 321o2-1
FOR LANDSCAPE
Total Cost Estimate: $ 282,436.80 Project No PLN21-0149 Banner Park
HOA, Open Space,
Streetscapes Landscaping
The following to be completed by the Applicant:
Surety: Everest Reinsurance Company Principal: Pulte Home Company LLC
Addressr 461 5rh Avenue
Cl!/State: l.lew York, NY City/State: Mission Viejo, CA
Zip Code. 10017 Zip Code: 92691
Phone: 646-828-5014 Phone: 95'1-538-5835
Bond No. ES00009298
WHEREAS, the City of Menifee, State of Calrfornia, and,Pulte Home Comoanv. LLC
, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached
agreement(s) whereby principal agrees to install and maintain all Iandscape, including any additional
landscape materials, related to on-site landscape and irrigation located on the southeast corner of
no(h of Domenigoni, west of Briggs and East of Lindenberger within the Menifee Village Specific Plan,
APN 340-640-029 (as shown on Exhibit L or Plot Plan PLN21-0149), 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 Everest Reinsurance Company
as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Hundred
Eighty-Two Thousand, Four Hundred Thirty Six Dollars and Eighty Cents ($282,436.80).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 thas 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 provisrons 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; otheMise, 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.
I
Address: 27401 Los Altos, Suite 400
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on Auqust 4th , 2021
NAN/E OF PRINCIPAL: Pulte Home Company, LLC
AUTHORTZED STGNATURE(S)
Bf,EATTACHED
Name
Title:
D. Bryce Langen
VP & Treasurer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Everest
AUTHORIZED SIGNATURE
Reinsurance Company
Jeremy Polk,
Attorney-in-Fact
tto Title
(tF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDG MENT OF SIGNATU RES OF PRI NCI PAL AND
ATTORNEY.IN.FACT.
y-in-Fa
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 provislons 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.
By:
executed ,n, 1'h,2021.day of
Pulte Home ComPanY, LLC
PRINCIPAL
t
BY. D. Bryce Langen, VP & Treasurer
Notary Attached
fr,a*
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGTA)
/ ss.
couNTY oF FULTON)
This record was acknowledged before me on August 4, 2021,
appeared D. Bryce Langen, VP & Treasurer of Pulte Home
Company, LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
ignature Notary Public
Shitey E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRTEY E HUTCHINS
Nolary Public - Slale ol Georgu
tullon Counly
Vy comnnssion Extlires Mar 18' 2022
WITNESS my hand official seal.
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POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS 8Y THESE PRESENTS That Everest Rernsurance Company a corporalron ol the Slate of Delaware
('Company') having its principal office loc€ted at 477 l\,,tarlinsvrlle Road. Liberty Corner New Jersey 07938 do hereby nomrnate,
constitute, and appoinl
[s true and lalv,ful Attorney(s)-tn-iact to make execule, ettesl, seal and de|ver for and on rls behalf, as surety, and as [s acl and deed
where required, any and all bonds and undeatakrngs rn lhe nature thereof, for lhe penal sum of no one ofwhrch is in any 6vant to exceed
UNLIMITED. reserving for ilselfthe full power of subslilulron and revocalion
Such bonds and undertakrngs, when duly executed by the aforesard Attorney(sfrn'bct shal be brndrng upon the Company as fully and lo
the same exlent as if such bonds and unde akings were signed by the Presidenl and Secrelary of lhe Company and sealed wth its
corporate seal
Attest Nicole Chase Assrstant Secrelary
Everest Rernsurance Company
By Anlhony Romano Vice Presrdenl
This Power ofAttorney rs granted and s srgned by fucsim le under and by the aulhonty of the following Resolutions adopted by the Board
of Directors of Company ('8oard") on the 28th day ol July 2016
lN WTNESS WHEREOF Everest Rernsurance Company has c€used therr corporale seals to b€ aftixed hereto and these presents lo
be signed by lheir duly authoazed offEers his 28th day ol July 2016
RESOLyED, thal the Prosiclenl, any fuecutive Vice Prcs.rlenl ancl any Senior Vice Prestdent and Ahthony Romano arc
hareby appoinled by lhe Boerd as aulhoized to make. execule. seal and delivet fot and on behalf ol the Company. any and all bonds.
uncleiakngs contacE or obhgations h surcty or @-surety wlh olherc ancl lhat lhe *crelary or any Assslant Secrctary of the Cohpany
be and lhat each of lhem hereby is authoized lo aftesl ta lhe executbn of any such bonds undedakings, contracls ot obligalrcns in
sutety or co-surety and aftach therclo lhe corparate seal ol lhe Company
RESOLyEq FURTHER. kat the Prestdent. any b<ecuttve Vt@ Presdenl, and any Senior Vb6 President and Anlhany
Romana are heBby aulhoized to execule powers of atlomey qualifying the altomey named in the given power af albmey to execule, on
behell ol lhe Company, bonds and underTakngs n surely or co-suety wilh others. and kat lhe *crclary ot any Assistanl Secetary of
the Company ba. and that each al lhem is hereby authonzed to aftest lhe execution ol any such po' et of allomey, and lo atlach therelo
the corporale sealof the Company
RESOLVED, FURTHER, lhat lhe senature of such olhces named in the prcceding resolutions and the corporate seal of the
Campany may be affixed lo such powe6 of altomey ot ta any cefttficate Nleling therclo by facsimile. and any such powet of atlomey ar
celificale beaing such hcsmile sqnalues or facsimle seal shall be thereefter valid ancl bkding upon lhe Company wlh respect lo eny
band, undetlaktng, contract or obhgalon in surety or co-surety wth olhers lo whtch I ts attachecl
On this 28lh day of July 2016 belore me personally c€me Anthony Romano known lo me. who. behg duly sworn did execute tre above
insfument; that he knows the seal of said Company that the s6a1 afix€d to the aforesaid rnslrument E such corporate seal and was
affixed theretoi and thal h6 executed said instrument by like order
LINDA ROBINS
Notary Public, State oI New York
No 01R06239735
Qualitied in Queens County
Term Erpires April 25, 2023 "?,-,t)L--.
Linda Robrns. Notary Public
lN WTNESS WHEREOF, I have hereunto set my hand anc, afixed lhe s€ai of said Compony at the Liberty Corner. thi5 4th 62y
of Auqust
.dqt
SEAI.ltrl
ES 00 01 04 16
2aL
Jeremy Polk, Mafthew Ena
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