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Sutter Mitland 01, LLC Faithful Performance Bond TM36485-1 30009789 ENIFE Community Development Department FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year Maintenance $ 2,513.70 Tract/Parcel Map 36485-1 HOA Slope Other Project No. PP 2017-037 Total $ 58,920.24 Bond No. 30009789 Surety CONTINENTAL CASUALTY COMPANY Principal Sutter Mitland 01 LLC Address 333 South Wabash Avenue Address 3200 Park Center Drive, Suite 1000 City/State Chicago,IL City/State Costa Mesa, CA Zip code 60604 Zip 92626 Phone WHEREAS, the City of Menifee, State of California, and, Sutter Mitland 01 LLC (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 described landscape installation along Tanner Place within TR 36485-1. The principal agrees to install and maintain all landscape and any additional landscape materials, related to (Tract/Parcel) 36485-1 Tanner Place HOA Landscape Area 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 Brookfield Residential, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Fifty Eight Thousand Nine Hundred Twenty Dollars and Twenty Four-Cents. ($58.920.24) 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. ,ATM o►�yy ENIFE \� FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION 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 July 11th, 2017 NAME OF PRINCIPAL: Sutter Mitland 01 LLC AUTHORIZED SIGNATURE(S): By: Name: Oowf_ Title: vc�e Qcey;&e�� (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: CON, TAL CASUALTY COMPANY AUTHORIZED SIGNATURE: ,� RoxanneY a, Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. A notary public or other officer completing this certificate verified 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 �'r e- ) ss. On 2017,before me, M��c�h Notary Public,personally appeared -Dd V-e who proved to me on the basis of satisfactory evidence to be the person�owhose name(4 isle subscribed to the within instrument and acknowledged to me that he he{l-tey/executed the same in his/U-.�authorized capacity. iea and that by hiss signature(4on the instrument the person((, 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. WITNESS my hand and official seal. �� MEAGAN KNECHT cow.#2117799 0W p Notary pwb r wftr is owwc,E Cau►mr Notary Public Came. JUKE 29,2019 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Cheryl Holmes,Janice Takeuchi,Margaret Weglicka, Anne Marie Sheehan, Steve Hogan, Courtney Lim,Jake Schuett, Latasha Rouse,Roxanne Villa,Taiasha Cunningham,Individually of Toronto,ON,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their 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 their insurance companies 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 Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 15th day of July,2016. pastrq�ly tKSUR yaANYOF Continental Casualty Company National Fire Insurance Company of Hartford P CORF:RAr�p o� _ ; � nRPoeprfo American Cas alty Company of Reading,Pennsylvania Z D o ♦ a JULY 11, �J SEAL r y � < 1902 F a 1897 � HAR1F� s • � Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 15th day of July,2016,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 Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR NOTARY PURUC SEAL SOUTH OAKOTA G L My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,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 companies printed on the revere hereof is still in fors In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this � day of— JO I L/ ��r o stJg4 %HSrJR4 oo Continental Casualty Company National Fire Insurance Company of Hartford pORP:RATg Q = t ; ` ORPORgTf� American Casualty Company of Reading,Pennsylvania ZO Z o ♦ $ JULY 11, y U SEAL `c s � 1902 a 1897 � HAR1F� y • � 1 D. Bult Assistant Secretary Form F6853-4/2012