Lennar Homes of California, Inc. Faithful Performance Bond TM34406-3 ES0001640EtliF9
Bond No. ES00001640
Premium $1,784.00/annum
®I�1a1�, uni y Developi-nent Deparbu ent
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRR.ICA`i-ION IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
I -Year of Maintenance € ,,000.®c Tract/Parcel Map No. 34406-
Total Cast Estimate: $ 54%600 Other Project: No, PR 2 1 -24
The following,to be completed by the A llcanl,
Surety: Everest Reinsurance Company Principal: Lennar Homes of California, Inc.
Address: 477 Martinsville Road Address: 980 Montecito, Suite 302
City/State: Liberty Corner, NJ City/State Corona, CA
Zip Code: 07938 Zip Code: 92879
Phone: (908) 604-3000 Phone: (951) 817-3510
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 maintain all landscape, including any additional
landscape materials, related to Tract 34406, HOA Maintained Paseo within Heritage Lake, (as shown
on Exhibit L or Plot Plan 2018-245), The principal agrees to install and maintain all landscape and any
additional landscape materials, related to (Tract/Parcel) Plot flan 2018-245 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 Company as surety, are held and firmly
bound unto the City of Menifee in the penal sum of FIVE HUNDRED NINETY FOUR THOUSAND, SIX
HUNDRED 001100_($ 594,600.00 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 attorneys fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as casts and included in
any judgment rendered.
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 December 17 1 2018
NAME OF PRINCIPAL: Lennar Homes of California, Inc., a California corporation
AUTHORIZED SIGNATURE(S):
0
Name: C-jzaPFj-ej !9m, +-h
Title: V"-prtstaUjAA-
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY. Everest Reinsurance Company
AUTHORIZED SIGNATURE:
Its Attorney -in -Fact
Mechelle Larkin
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
•.
i
li
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 _ DEC 17 2018 before me, Kathv R. Mair Nntqly 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 person(s) whose name(o is/a-re
subscribed to the within instrument and acknowledged to me that tie/she/they executed the same
in h-is/her/the+r authorized capacity(ies), and that by 1:4s/her/them signature(o on the instrument
the person(&}, or the entity upon behalf of which the person(&) 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.
KATHY R. MAIR
Notary Public . California
a , « Orange County z
z n
Commission # 2193966
My Comm, Expires May 22, 2021
Place Notary Seal Above
WITNESS my hand and official seal.
Signature o Pu is
---------------------------------------------- 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)
Signer's Name: Mechelle Larkin
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ® Attorney -in -Fact
Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages
Signer's Name
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
[] Individual ❑ Attorney -in -Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
:€r F e t3 z:L•I _,..�?4t;€P ff�`n=w;sa� €z33` 3 2,3.5-
A notary public or other officer completing this certificate verifies onlythe identityof the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califo is
Cot- __t 011Ir7��1�a if
On
per:
who proved to me on the basis of satisfactory evidence to be the persor)K) whose name
to the within Instrumenj and acknowledged to me that hels�(qlthiy executed the same in
authorized capacity 'et), and thay his/rltj6lr signature on the instrument the persc
upon behalf of which the persong acted, executed the instrument.
JODI E ATHA
_ NotaryPubllc- Callfomta
ou
Riverside Cnty _
Commission k 2230896
Mry Comm. Expires Feb 11, 2022
Place Notary Seal and/or Stamp Above
subscribed
or the entity
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.
Signature
ggnattrre of Notary Public
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:
S.igner(s) Other Than Named Above:
Capacity(ies) Claitne-d by Sigrner(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ --Guardian of Conservator,
El Other:
Signer is Representing:
02017 National Notary Association
Number ofPages:
Signer's'Name: .
❑ Corporate Officer '- Title(s):
❑ Partner--.❑ Limited.-[] General -
El Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Jo`
AF11E RV-SN,.
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
ES031R10121
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Mechelle Larkin, Kathy R. Mair, My Hua
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016
N%'>-""'rC,e Everest Reinsurance Company
4 04R4 O
5EAL
f 973 Oj a,,,�,�._ .�.
u� , 'r ,�
'� Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA BOISSELLE
Notary Public, State of New York
No 01B06239736
Qualified in Queens County
Term Expires April 26, 2019
Linda, Boisselle, Notary Public
N WITNE ft N TMQF. I have hereunto set my hand and affixed the seal of said (company, at the Liberty Corner, this
` j18 20
day
DocuGard #04546 contains a security pantograph, biue background: heat -sensitive ink, coin -reactive watermark, and microtext printing on border
a�S SENSITIVE SHE(
O
O JV
O
%H HEAT OP<