D.R. Horton Los Angeles Holding Company, Inc. Faithful Performance Bond TR37400 7901072264FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $2.00 00 Tract Map
Water System $ 8,875.00 Other Prol
Rec. Water System $_
Sewer System
Total
Surety Nationwide Mutual lnsura
Address 7 World T
TR 37400 Borrow Site
. Ref. GP21-028
Bond No. 7901072264
Premium $100 00
Pfincipal O.R. Ho(on Los Anqetes Holdino Companv. tnc.r Address 2280V,,lard Cir #100
City/State Corona. CAzii e2878
Phone (951) 739-5469
City/State New York.
code't0007
Phone 630-468-5600
WHEREAS, the City Council of the City of Menifee, State of California, and D.& Horton Los
Anoeles Holdin Companv. lnc.(hereinafter designated as "principal") have entered into, or
are about to enter into, the attached agreement(s) whereby principal agrees to install and
complete the above designated public improvements relating to TR37400 Borrow Site, which
agreement(s), dated
hereof; and,
, is/are hereby referred to and made a part
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s)
for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Nationwide Mutual lnsurance Companv , as surety,
are held and firmly bound unto the City of Menifee in the penal sum of Ten Th nd Eiqht
Hundred Seventv Five and no/100,Dollars ($ 10,875.00) 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, administralors, 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(s) 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 of Menifee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
MENIFEE
s
$ 10.875.00
zip
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement(s) 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 to the
terms of the agreement(s) or to the work or to the specifications..
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.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,on Julv 7, 2021
AUTHORTZED STGNATURE(S):
By
Na
Title:
(rF coRPoRATrON, AFF|X SEAL)
NAME OF SURETY:N al lns rance Com an
AUTHORIZED SIGNATURE:
ore,Its Attorney-in-Fact
(rF coRPoRATtON, AFF|X SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
MENIFEE
When the work covered by the agreement(s) is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by g0o/o with the
remaining 10olo held as security for the one-year maintenance period provided for in the
ag reement(s).
NAME OF PRINCIPAL: D.R. Horton Los Anoeles Holdinq Companv. lnc.
A notary public or other ollcer completing this certificate verifies only the identity ofthe 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 RIVERSIDE )SS:
On .luly 8, 2021 before rne Mothcs.(.
a Notary Public. personally appea red .lcnnilcr L. O'Learl who proved to rne on the basis of
satislactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/th6y executed the same in his/her/thei+ authorized capacity(i€s) and that by
his/her/thei+ signature(s)on the instrument the person(s), or the entity upon behalfofwhich the person(s)
acled- executed the instrument.
I cenif under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing
paragraph is true and correct.
WITN
Signat
ESS my hand;ryd ollicial seal. -
ure C t/lfu
C, T/OTHES
coMrv't. #2240518
N(]TARY PUBLIC CATIfORNIA ffi
RIVTRSIDT COt]NTY
l,ly Comm txplres APIrl29.20??
Powor of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwde Mulusl lnsurance Company, an Ohio corporation
herelnafler referred to severally as lhe "Company" and collectively as 'the Companies" does hereby make, constitule End appointi
JAMES I MOORE, STEPHEN T KAZMER, DAWN L MORGAN, MELISSA SCHMIDT, AMY WICKETT, KELLY A GARDNER.
JENNIFER J MCCOMB, TARIESE M PISCIOTTO, DIANE M RUBRICHT, MARTIN MOSS
each in lheir individual capacily, its lrue and la\,vful atlorney-in-tacl, with full polvet and authority to lign, seal, and execule on its behatf any and aI bonds andlndertaking!, and other obtigatory instruments of similar nature. in penal es not exceeding the sum af
UNLIMITED
and l0 bind the Company lhereby, as lully and to the same exlenl as if such inslrumenls lvere signed by the duly authorized ofitcers of the Company, and a[ adsof said Attorney pursuant to the authority given are hereby ratitied and contirmed
This power ol allorney is made and execuled pursuant lo and by authorlly of lhe tollowing resolution duty adopted by the board of directors of the Companyi
''RESOLVED, that the presidenl, or any vice presrdent be, and each hereby is, authorized and empo,*e.ed to appoint altorneys-in,lact of the Companyand to aulhorize lhem to execule and delaver on behalf ofthe Company any and alt bonds. lorms. applications, memorandums, underlakings.recognizances. translers, contracls of indemn(y, policles, contracls guaranteeing the fidelily ot persons hotding positions of pubtic or private trusl, and otherwrilings obligatory in nature that lh€ business of the Cornpany may require; and lo modiry or rcvoke, with or wiihout cause, any such appoinlment orauthority; provided. ho$€ver, lhal the autho.ily granled hereby shall rn no way limil lhe authority of other duly aulhorized agents to sign and countersign anyof sard documents on behalf of the Company."
"RESOLVED FURTHER. that such attorneys-in-lact shall have full po'a,er and authorily to execute and deliver any and a such documents and to bind thecompany subjecl tolhe lerms and limitalions ofthe pov/er of attorney issued to them, and to aflix the sealol the company therelo; provrded. hov€ver lhatsaid seal shall not be necessary lor the validity of any 6uch documenls ,
Thls power of allorney is signed and seated under and by lhe toltowng bytaws duty adopted by the board of directors of the Company
Erecutign of lnstruments Any vice presidenl, any agsrstanl secrelary or any assrstant treasurer shall have lhe pow€r and authorily to s gn or attest all
approvod documents, instruments, conlracls, or other papers in connection with the operation of the business of the company in add tion to the chairman olthe board the chiet executive officer. president, treasurer or secrelary: provlded, hovrever, the signalure of any ol them may be prinled. engrav€d or
slamped on any approved documenl. contract, instrument. or olher papers of the Company.
lN WITNESS WHEREOF, lhe Company has caused thls instrument to be seated and duly attested by the signalure of its offcer th€ 24 day ol EgDruAIy_Zql!
o
Anlonio C Albanese. Vlce Presldont of Nalionwide l\,,lutual lnsurance Company
S*:r\rigj
ACKNOWLEOGMENT
STATE OF NEW YORK, COUNTY OF NEW YORK: s5
On this zlday ol !90!!3ry-?q19, before me came lhe above-named oflicer for the Company
afor$aid, lo me personally knowl lo be the offrcer described in and who execuled lhe preceding
anslrument and he acknowledged lhe execution ofthe same, 6nd being by me duly sworn, deposes
and says lhat he is lhe officer of lhe Company aforesaid, lhat the seal affixec, herelo is lhe
corporale seal ot said Company, aod the said corporale seal and his signature v€re duly aftixed
and subscribed lo said instrument by Ihe aulhority and direction ofsaid Company
0urlrrird,i w. .h.n.' cou.rY -&r ic tt tt . y't- tt,y'--r.n
L Lalra B. cuy, Assistant secretary of the comr"nr, oo n"r'"u, ""iiN,tn'lJr"*15,"no,"n ,. u ,r,,, rrue and correcr copy of the originar power or atrorney issued
by the Company: thal lhe resolulion included lherein is a lrue and conect transcript from the minutes ol the meetings of the boards ofdtreclors end the same has
nol been revoked or amended in any manner; thal said Antonao C. Albanese was on the dale of lhe execution of the foregoing power of attorney the duly elected
oflicer of lhe Company, and the corporate seal and his Signalure as offcer were duly atfixed and eubscribed to the said instrument by the authority of said board
of direclor$i and the foregoing porr€r of attorney is slill in full force and effect.
lN VyITNESS WHEREOF, lhave hereunto subscrabed mynameas Assistanl Secretary, and atlited lhe corporate sealofsaid Compahy this J_tL... _ dayofJurv 2o2t fia"'a 8' av
BDJ 1(02 1g)00
Assistant Sec.elary
State of Illinois
County of DuPage
On July 7.2021, befbre me, Sinem Nava, a Notary Public in and for said County and
State, residing therein, duly commissioned and swom, personally appeared
James L Moore known to me to be Attomey-in-Fact of
Nationwide Mutual lnsurance Company the corporation described in and that executed
the within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalfofthe said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My ssion Expires Ausust 28, 2021
Stnem ava,N Public
Commission No . 859771
)
) ss.
II
OFFICIAL SEAL
SINEM NAVA
NOTARY pUBLtC. STATE 0F lLLlNolS
MY COMMISSION EXPIRES 0828/21