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.
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ACKNOWLEDGEM NT BY PRINCIPAL
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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
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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
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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
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