D.R. Horton Los Angeles Holding Company, Inc. Faithful Performance Bond TR37400 LICX1206318FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR. Streets and Drainage $ 2,962.500.00 Tract Map TR 37400
Other Proj. Ref.lP20-029
Bond No L|CX12 1B
Premium $13,022.00
Water System
Rec. Water System
Sewer System
Total
430 500.00$
$c
$
31 s00 00
1 035 000.00
4 459 500 00
Surety Lexon lnsurance Comoanv Principal: D.R. Horlon Los Anoel Holdinq ComDanv lnc
Address 12890 Lebanon Road Address 2280 Wardlow Cir #100
City/State IMt. Juliet TN
zip code 37122 zip 92878
Phone 615-553-9500 Phone (951) 739-5469
WHEREAS, the City Council of the City of Menifee, State of California, and D.R. Horton Los
Anqeles Holdinq Companv. lnc.(hereinafler 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 TR 37400 llP20-029 , 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 Lexon lnsurance Company, as surety, are held
and firmly bound unto the City of Menifee in the penal sum of Four Million Four Hundred
Fiftv Nine Thousand Five Hundred and no/100, Dollars, ($ 4.459.500.00) 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, 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(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
City/State Corona, CA
G
FAITHFUL PERFORMANCE BOND
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.
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 90% with the
remaining 10% held as security for the one-year maintenance period provided for in the
agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on June 29 z
NAME OF PRINCIPAL: D.R. Horton Los Anqeles H oldinq Companv lnc
AUTHORTZED StcNATU RE(S)
B
ame
tle
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY:Lexon lnsu Com an
AUTHORIZED SIGNATURE James l. Moore Attorne -in-Fa
o -tn-Fact Title
(rF coRPoRATrON, AFF|X SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
1
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..
INSURANCE(9,SOMPO INTERNATIONAL
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that Enduanco A3auranco cotporatlon, a Delaware corporalion, Endurance Amodcan lnrurrnco Compony, a Delawarecorporation, Loxon lnlutanco Company, a Texas corporation, and/or Bond Satoguad lnsuranco Company, a South Dakota coDor6tion, each. a ,Company'and
collectively, 'Sompo lnternationel,'do hereby constitute and appointi James L moora, Sbphon T, KaznEr, Dawn L. Mo,gan, Kelly A. Gardner, Jonniler J. Mc6omb,Melbsa Schmidt, Trtlsso f Pitcloto, DLt e Rubtiohl Anry Wcts,tt lulartln iros! as true and lawful Atlomey(s)Jn-Fact ld make. execute, seal, and detiver for. and onits behalf as surely or co-surety; bonds and underlakings given for any and all purposes, also to execute and deliver on ils behalf as aforesaid rerEwals. extensions.agreements, waive6. @nsents orstipulations relatjng to such bonds or underlakings provided, however. thal no single booct or undeataking so made. executed and deliveredshall obligate the Company for any ponion of the penal surn lhereof in exce6s of the sum of FIFTEE frlLLlO Oothrs (g16,000,000.00).
Such bonds and undertakings for said purposes, when duly execrrted by said attomey(s)-in'fac1, shall be binding upon the Company as tully and to lhe same extent as ifsigned by the President oflhe Company under its corporate sealatlested by its Corporate Secretary.
This appoinlrnenl is made under and by authorily ofcenain resolutions adopled by the sole shareholder ol each Company by unanimous written consent effective lhe 1S,hday of June. 2019, a copy ofwhich appears belo / under the heading entitled "Certifcate".
This Po^,er of Attomey is signed and sealed by facslmjle under and by authority of the blloy/ing resolulion ad@ted by the sole shareholder of each Company byunanimous written consent effeclive the l$h day of June, 2019 and said resolution has not since been .evoked. amended or repeated:
RESOLVED, thal the signature ot an indMidualnamed above and the seal of lhe Company may be affixed to any sucfr power of attomey o. any certifcale relating thereloby facsimile, and any such power of attomey or certifcate bearing such facsimile signalure or seal shall be valid and binding upon the Company in the fulure witirespect
to any bond or undertaking to which it is attached.
lN WTNESS WIIEREOF, each Company has caused this instrumenl to be signed by the follor,/ing officers, and ils corporate seal to be aflixed this 15rh day ofJune.2019.
Enduran"v
ey, flo )l
ce Assurance Corporation
IA Bond Safeguard- ,. lnqurance Compaoy
ay !.,,',, it.
Richard Appoli SVP & Senior dounsolut' ltl!Lb,1' *l-
.';' i' !.
: :; rr. Ti i'. :,. |. |.,.|. ..;; r..rl.': j)
'/t I Li?f(
c
aylor
ompany
q.
Richard App€l Couns6l
On this 15rh day of June, 2019. before me, personally came the above signalories known to me, who being duly swom, did and say thatofthe Companiesi and lhat he execlled said insttumenl on behalf of each Company by althority of his nder by ol each Compa
8y
una9l
CERTIFICATE
My Commissfin
N1!'$Shl'fr!.*'"r""*
Expires 5/9123-:."h,.$'.ublic
l, lhe undecigned Officer ofeach Company. DO HEREBY CERTTFY that:
l That the oraginalpower of attomey ofwhich the foregoing is a copy was duty oxecuted on behall of each Company and has not sinc€ been revoked, amended or modifiedi
that the undersigned has compar6d lhe toregoing copy th€reof with th€ original power of altomey. and that the s€rn€ is a ttue and correcl copy of the original powor ofattomey and of the whole thereot
2. The followang are resolutions which were adopted by the sole sharehoher of each Company by unanimous written consent 6fiec1ive June 15, 2019 and saad resolulionshave nol since been revoked, amended or modified:
'RESOLVED, thal each oflhe individuals named b€l(w is aulhorized to make, erecule, sealand deliver for and on behalf of the Company any and all bonds,
undertakings or obligalions in surely or co-surety with othersr RICHARD M.APPEL, BRIAN J. BEGGS. CHRTSTOPHER OONELAN, SHARON L. SIMS,
CHRISTOPHER L, SPARRO. MARIANNE L. WLBERT
i and be it turther
RESOLVED, that each of the individuals named abo,/e is authorized lo appoinl attorneys.in-fact br the purpo6e of making, executing, sealing and delivering bonds.
underlakings or oblQations in suEty or @-surety lor and on b€haf of the Cornpany.'
3. The undersigned turther certmes that he above resohJtions are lrue and corect copies of the resolutions as so recorded of lhe whole lhereol
lN WTNESS WtEREOF, I have hereunto set my hand and aflixed the corporate seat this jL day
By
l,ary
NOIICE: U. S. TREASURY OEPARTT,ENT'S OFFICE OF FOREIGT{ ASSETS COI{TROL IOFACI
possible impact on your surely cove€ge due to directives issuod by OFAC Plealo read this l{otice carefutty.
on the United States Treasury's website - hllos ,www lreas',n- O)v re5ource cenler/sJncl,ons'SDN.Lrs1
subied lo OFAC. l/vh€n a sur€ty bond or other fom of sur€ty ro[grage is {isrdiD€d to be such a blocked or frozen conkact no payments nor premium relunds may be made wilhout
authodzation from OFAC. Othe. limrklions on lhe premiums and paymenb rnay also apply.
DA S
SEAL
t
any reptoducdonl are votd.
Surety ClalmB Submisiioh: Leronc laimAdminist6tion(.D!o.noo.intt.com
Telephone: 6l$553-9500 lialllng Addresa: So.npo lntamatonali ,2890 Lebanon Rood; mount Jullet Tlt 37122-2870
SEAI
1996
Lexon lnBurance
1
ACKNOWLEDGEMENT
2031 .
State of Illinois
County of DuPage
On June 29.2021, before me, Sinem Nava, a Notary Public in and for said County and
State. residing therein, duly commissioned and swom, personally appeared
James I. Moore klown to me lo be Attomey -in-Fact of Lexon Insurance Company the
corporation described in and that executed the within and fbregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation. and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed my official seal, the
day and year stated in this cerlificate above.
My Comrnission Expires Auqust 28. 2021
ll1enl Nava. N Public
Commission No. 859777
l
)ss
)
OFFICIAL SEAL
SINEM NAVA
ATE INOISILLOFPUBLICARYNOT:082821EXPIRESCOMMISSION
CALIFORNIA NOTARY ACKNOWLEDGEMENT
(tNDlvtDUAL)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accurac , or valid
State of California
County Of Rversde
On Jury 1,2021 before me,S J PARADISO NOTARY PUBL C (insert name and title of
, who proved to me on thethe officeo, personally appeared Jennre. L o'Lea.y
basis of satisfactory evidence to be the person(r) whose name(t) is/a,e subscribed to the within
instrument and acknowledged to me that h/she/lbo$ executed the same in hioiher/itpir
authorized capacity(ktd, and that by li6(/her/tEiRsignature(si on the instrument the person(qd,
or the entity upon behalf of which the person(sf acted, executed the instrument.
I certify under PENALW OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
S, J. PARAOISO
Not.ry Publtc, C.ltfornia
Rivarside Co!nty
Comnrirron { 2279826
r,ly Corn.n. Erplle! l,1ar 7, 202lSignature(Seal)
Copyrlght O 2018 NotaryAcknowledgement.com All Rights Reserved
of that document.
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