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Lennar Homes of California, Inc. Faithful Performance Bond TM37179 30027940 (2)BNB E ` Community Development Department FAITHFUL PERFORMANCE BOND FOR MODEL HOME COMPLEX AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) Tract/Parcel Map 37179 Total $ 40,000.00 Bond No. 30027940 Premium: $150.00/annum The Village DA4 (Menifee Town Center) Lots 32-35 Surety The Continental Insurance Company Principal Lennar Homes of California, Inc. Address 333 South Wabash Avenue Address 980 Montecito 4�Suite. 302 City/State Chicago, IL City/State Gorona, CA Zip code 60604 Zip 92879 Phone (312) 822-5000 WHEREAS, the City of Menifee, State of California, and, Lennar Homes of California, Inc. (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 landscape project, related to (Tract/Parcel) 37179, 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 The Continental Insurance Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of Forty thousand and 00/100 Dollars ($40,000.00) 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 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 in successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. ESNIR@ w� r FAITHFUL PERFORMANCE BOND 'a FOR MODEL HOME AGREEMENT 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 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 16 2018 NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation AUTHORIZED SIGNATURE(S): By: ,-Ot,-7- Name: C-t-toFCrej Sml+w Title: V 162 - resio(.ewf (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: The Continental Insurance Company 11 I� f AUTHORIZED SIGNATURE: P JLA/� Mechelle Larkin Its Attorney -in -Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY -IN -FACT. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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, accuracy, or validity of that document. State of California County of Orange ) On FEB 16 2010 before me, Kathy R. Mair, Notary Public , DATE [Name of Notary Public and Title "Notary Public"] personally appeared Mechelle Larkin ---------------------------------------, [Name(s) of Signer(s)] who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h+s/her/their authorized capacity(ies4, and that by h+s/her/the# signatures} on the instrument the person(s}, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. —:• KATHY R, NJAIR NotaryI F Z Public = Ca I oriia ly �� Orana, County Commission e 2.lg3/9U Signature of Nota Public -"✓ MY Comm, €xpirey M„q 22 A') i Place otary e'b9�'"t�+r: ---------------------------------------------- OPTIONAL --------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Mechelle Larkin Signer's Name: E e Corporate Officer — Title(s): Partner— ❑ Limited ❑ General Individual ® Attorney -in -Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathy R Mair, Mechelle Larkin, Individually of Irvine, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of July, 2017. �rL WSVk•'•. i� "` wow A: 'x Boa O• M �• i •.•dd • •.'•.• State of South Dakota, County of Minnehaha, ss: The Continental Insurance Company PaulI" Bru at Vice President On this 28th day of July, 2017, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. ---------------------- J. MOHR �naranruauc(a 9EPL SOUTH DANOTA 3EA a— _7 My Commission Expires June 23, 2021 J. Mohr V Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of EE R 16 701R The Continental Insurance Company D. Johnson Assistant Secretary Form F6850-4/2012 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 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, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Riverside } On February 21, 2018 before me, Amy R. Williams Notary Date Insert Name and Title of the officer Public, personally appeared Geoffrey Smith Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(IS) is/ai'ec subscribed to the within instrument and acknowledged to me that he/Ilse executed the same in his Wiwi it authorized capacity(k%), and that by his jMK signature(y) on the instrument the person(Al, or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • AMY R. WILLIAMS Commission # 2064397 Notary Public - California z t Riverside County Signature: / M Comm. E ires A r 13, 2018 ----------- ---------------- ---------------------------------- OPTIONAL ------------------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: