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Dumarc Corporation Faithful Performance Bond PB11510400521 Community Development Department FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year Maintenance $ 60,000.00 Tract/Parcel Map N/A Other Project No. IP 14-047 Total $ 474,614.00 Bond No. PB115104 00521 Premium: $7,119.00 Surety Philadelphia Indemnity Insurance Company Principal Dumarc Corporation Address 251 S. Lake Avenue,Suite 360 Address 187 W. Orangethiorpe Avenue,No. R City/State Pasadena,CA City/State Placentia,CA Zip code 91101 Zip 92870 -- Phone (626)639-1321 WHEREAS,the City of Menifee,State of California, and, Dumarc Corporation (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 Improvement Plan No. 14-047, which agreement(s)islare hereby referred to and made a part hereof;and, —WHERE-AS;-said principal-is-requiFed--under-the-terms-ofsaid-agreement(s)-to-famish-bonds)of— said-agreement(s)-to-famish-bond(s)for-the----faithful performance of said agreement(s); NOW, THEREFORE,we the principal and Philadelphia Indemnity Insurance Company , as surety,are held and firmly bound unto the City of Menifee in the penal sum of four hundred and seventy-four thousand,six hundred and fourteen dollars ($474,614.00) 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. NQ aF :y =` FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT 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 March 5,2016 NAME OF PRINCIPAL: Dumarc Corporation AUTHORIZED SIGNATURE(S): Dated: 3/7/2016 By (Sign lVe for President or other Category 1 Officer) Valente C. Morales (Print Name) President (Title) Dated: 3/7/2016 By (Signature for Secretary or other Category 2 Officer) Hollis E. Best (Print Name) Secretary (Title) (IF CORPORATION,AFFIX SEAL) i NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: Linda D Coats, Its Attorney-in-Fact Title (IF CORPORATION,AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 < oXio1'Ari^.�-ry�wrcyQayev�o-�yoarntt5^F<rair:R:,•i�Ae+samicYr.Wx:arcrY„� �.�-' --2�` .A•�"t%�"'-�.•�r:nz<.�Y-�".�6' 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 Califomia ) County of����Orange ) Onr�-K�.t.►'1 ,aO 16 before me, Summer L.Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Linda D.Coats Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose names}is/are subscribed to the within instrument and acknowledged to me that#elshefthey executed the same in 44s/herAkeir authorized capacity(ies),and that byMa/her/fheir signature(4on the instrument the persorft or the entity upon behalf of which the person(4 acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. SUMMER L.REYESr76,A� Commission# 1986627 WITNESS my hand and official seal. a'=rz - Notary Public-California z z �� Orange County r My Comm.Expires Jul 29,2018 J Signature Signa#jrg of Notary Public Place Notary Seal Above OP7'JOAt L 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer--Title(s): ❑.Partner — ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attomey in Fact ❑Individual ❑Attorney In Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator 0 Other: ❑ Other. Signer Is Representing: Signer Is Representing: ©2014 National Notary Association-www.NationalNotary.org-1-800-US NOTARY(1-800-876-6827) Item ti5907 2806 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:Linda D.Coats and Matthew J.Coats of Coats Surety Insurance Services, Inc. Its true and lawful Attomey(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$75,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of tite Company to: (1)Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7..DAY OF FEBRUARY 2013. f}NITN. i r ••v�O1r •. 9•: (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 7w day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. v ►au NWRMLSEAL- IIAPNELI.EPORAiH,Note+}ryPuDlo atam�loTa ' Ilardt 27.2010 Notary Public: residing at: (tea Cvmvvd.PA (Notary Seal) My commission expires: March 22,2016 I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify flint Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this .J day of I Y�C���.�.� .20 I =r :,,.r •,'re,PS Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary f f r f*•'.'z PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 ' mi- W ; 00. 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 d 1'cc-.nC� On ..3^ Y^L Le before me, a'LC.- ,� � (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. PATTI MORALES WITNESS my hand and official seal. < Commission #2051381 Z `� Notary Public-California i Z Orange County MY Comm.Expires Jan 7.2018 Signatur (Seal)