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Pulte Home Company, LLC Faithful Performance ES00009298 32102-1Community 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 $ 37,562.70 TracuParcel Map No. Tract 32102-1 FOR LANDSCAPE Total Cost Estimate: $ 252,6i6,52 Project No PLN21-0155 Banner Park HOA, Open Space, Streetscapes Landscaping The following to be completed by the Applicant; Surety: Everest Reinsurance Company Principal. Pulte Home Company LLC Address: 461 5rh Avenue Address: 27401 Los Altos, Suite 400 City/State: New York, NY City/State. Mission Viejo, CA Zip Code. 10017 Zip Code: 92691 Phone: 646-828-5014 Phone: 951-538-5835 Bond No. E500009298 WHEREAS, the City of Menifee, State of California, and,Pulte Home Company, 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 landscape, including any additional landscape materials, related to on-site landscape and irrigation located on the southeast corner of north 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 PLN21-0155), 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 Companv as surety, are held and firmly bound unto the City of Menifee in the penal sum of Seven Hundred Fifty-Two Thousand, Six Hundred Sixteen Dollars and Fifty-Two Cents ($752,616.52) lawful money of the United States, for the payment of which sum will and truly be made, we band 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 offlcers, 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. FAITHFUL PERFORMANCE BOND FOR LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT The surety hereby stipulates and agrees thal 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 oi 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 August 4th 2021 NAME OF pRlNClpAL: Pulte Home Company, LLC AUTHORTZED STGNATURE(S): SEE ATTACHED By: Name: p. Bryce LangenTitle: Vp & Treasurer (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Everest Reinsurance Company AUTHORIZED SIGNATURE: Jeremy Polk, Attorney-in-Fact ttorn Title CORPORATION, AFFIX SEAL) ATTAGH NOTARIALACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. in-Fa above named, on peqceuv tueloN JsrnsPaJf I dn 'ue6uel ecfu8 o :Ag \% -lvdtSNtud 311 '/(uedu.ro3 auloH allnd 0^'lz0z'$nprU 1o {ep su{l pa}ncexe ACKNOWLEDGEM NT BY PRINCIPAL srArE 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. WITNESS my hand official seal. rgnature of otary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 SH EJRI L HUTcHINSlaryl/blic S Ger.rrgr Coflllr)i I :: ).AaZ6/d^\County ZZOZ 'qO tplow s ldxf uols'luruo) otE uotuDls fiaq$Dw I L9et9 'oN uots!tultroc zz-60-€0 6€rtdx3 .uJuroc IrI EuoztJV .aunoc edocuBl lrqnd IJPIoN Bjrl uotuels tilequEn @untoubts fuoloN 0oas) 'luawnzop paWDilD aql paubts aqs rc aq lDqJ pabpalnou>1co puo taq ol swtDll aqs ro eLl otltyr uouad aq1 aq ol aluaptAa fuolcolsrlos lo ssoq aLp uo aw oJ uanotd son ll7uap! asoqM \pd iwarat paroa ddo Allouostad aw an{aq 2CZ uo odot1to1111 lo r{1uno2 ouozlly lo a7o7g lN1W19011IAONX)V /,/E R E-S\ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: Thal Everesl Reinsurance Company, a corporation of lh€ State of Oolaware ('Company") having its pnncrr€l ofilce located at 477 Maninsville Road Libeny Comer. New Jersey 07938 do hereby nominatg, constitute. and appoint [s true and lawfulAllorneyls)-rn-bcl to make execute. attest sealand deirver lor and on [s behalf. as surety, and as [s acl and deed where requrred, any and all bonds and undedakings in the nature thereof for the penal sum of no one ofwhich rs rn any event lo exceed UNLIMITED, reseNrng for rls€lfthe full power of subslitul on and revocaton Such bonds and undertakings when duly executed by the ab.esad Attorney(s)-in-fact shall be bindrng upon the Company as fully and to the same exlent as if such bonds and undgrbkings were sgned by the Presrdent and Secrelary of the Company and sealed wih its corporate seal This Power ofAttorney is granied and is srgned by facsimile under and by the aulhority of the followng Resolutions adopted by the Board of Oirectors of Company ('Board ) on lhe 28th day of July 2016 lN WTNESS WHEREOF Everest Rernsurance Company has c€used thef corporate seals lo be afl]red herelo. and lhese presents to be srgned by lher duly authoazed offrcers thls 28th day of July 2016 RESOLyED. lhal lhe Presidenl. any Execulive Vice tuesiclenl and any Senic]. Vrce tuasident and Anthony Romana are hereby appoinlad by the Boercl as authorized la make. execute seal and deliver far and an behalf of the Company. any and all bonds. undertakngs conlracts or obligations in surely or co-surely with others and thal the Secrctary or ary Asslslanf Secrelary of the Cofipany be and lhal each of lhem hereby is aulhonzed to aftesl lo he executon af any sLtch bonds undetTakings, cohlracts or oblgatons in surcty or co-surcty and atlach lhetelo he corporale seal of lhe Company RESOLyEA FURTHER thal the Presiden! any Execuliye Vice PrestdenL and any Senior Vice Presidenl and Anlhony Romano are he@by authaiz* lo execute powers of anohey qualillng lhe aftomey named in the given power of dllomey to execule, on behalf of the Cohpany, bonds and undetlakngs in surel.l or co-sulely wtlh otharc and thal the Secretary or any Assislanl Secrelary of lhe Cofipany be and thal each ol lhem 6 heteby aulhoued b anesl lhe execulton of any such po\,,/et of attomey. ahd lo aftach lherelo lhe coryorale seal of lhe Company. RESOLVED, FUR|HER, that the stgnalurc of such olfica/s named n lhe prececling resolulions and the cotparale seal ol lhe Company may be atfrxed lo such .pwers ol anomey or to any ceitficele relahng lharalo by facsimla and any such power of anomey ot cetlifrcate beanng such facsimile senaluF-s or facsmib seal shall be lhercafter vahcl end bincling upon lhe Company wth respact to any bond. undedaking. conlftc! or obligatian n surcly or co-suraly with olhers lo whtch il is attached. Jeremy Polk, Matlhew Ena Altest NEole Chase Assislanl Secrelary Everesl Rernsurance Company By Anlhony Romano Vlce Presidenl .1/1 "\*- /-eL----t On th is 28lh day of J uly 20 1 6 before m e personally came Anthony Roma no known lo m e. who, beng duly sworn. drd execute lhe above rnstrumenl thal he knows the seal of serd Company lhat the seal affrred to the aforesard nstrument is such corporate seel and was aftrxed therelo, and that he executed said nstrument by lrke order LINDA ROBINS Notary Public, State of New York No 01R06239736 Qualified in Oueens County Term Expires April 25, 2023 Linda Robins, Notary Public lN WITNESS TIIHEREOF, I have hereunlo set my hand and di)€d lhe seai ofssnj Conpan:,, at the Liberly Corner. tilsl1!L day or Auoust .,o&+ SEATltrl ES 00 01 04 16 20.L ,I,M,I*AL CL-