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Sutter Mitland 01, LLC Faithful Performance Bond TM31390-1 929605658 Community Development Department IF _ FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year Maintenance $ 98,305.19 Tract/Parcel Map 31390-1 Other Project No. Total $ 98,305.19 Bond No. 929605658 Surety CoInental Casualry Company Principal SutterMitland01 LLC Address 333 S Wabash Avenue Address 3090 Bristol Street,Suite 200 City/State Chicago,IL City/State: Costa Mesa, CA Zip code 6o6e5 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 above designated landscape project, related to Tract 31390-1, Landscape for Lot#22 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 Continental Casualty Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of Ninety-Eight Thousand,Three Hundred Five and 19/100 Dollars ($98.305.19 ) 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. FAITHFUL PERFORMANCE BOND ENS 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 19th day of February 2015 NAME OF PRINCIPAL: Sutter Mitland 01 LLC AUTHORIZED SIGNATURE(S): Dated: �w�( By CJ (Signature for President or other Category 1 Officer) (Print Name) (Title) ( I Dated: �a''il5 By —� (Signature for Secretary or other Category 2 Officer) �ti , il ,- , A S�- h (Print Name) tDk (Title) (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Continental Casualty Company (A . IaL. k AUTHORIZED SIGNATURE: Paul A. Kitchell Its Attorney-in-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. 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 I lartford,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 Paul A.Kitchell,Thelma D.Dulay,Lindsay Machacek,Patrick R.Diebel,Ken Horenstein,Individually of San Francisco,CA,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 21st day of August,2012. �eAsug4 tpgaR �0, Continental Casualty Company F 9 National Fire Insurance Company of Hartford °°"°°""r8 sf ng � uArptprPO a American Ca lty,Company of Re ding,Pennsylvania iulr n, �o SFJV. � �I < Isat 1897 NAR'iF • al` Paul T.Bruflat Wee President State of South Dakota,County of Minnehaha,ss: On this 21 st day of August,2012,before me personally came Paul T.Bruflat to me known,who,being by me duly swom,did depose and say: that lie 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 e.M, I � nerun•auaU0( 8011714MOTA - ---------------- My Commission Expires June 23,2015 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 reve�rsq hereof is till in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 1914day of ufj �A_ Continental Casualty Company National Fire Insurance Company of Hartford LY1, American Casualty Company of Reading,Pennsylvania lulr 91,�, � nn1891 HA 0 ��k fl)_ D. Bull Assistant Secretary Form F6853-4/2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On February 19, 2015 before me, Thelma D. Dulay, Notary Public Date NAME,TITLE OF OFFICER.,"1ANE DOE,NOTARY PUBLIC- personally appeared Paul A. Kitchell NAME(S)OF SIGNER(S) 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 signature(s) 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. WITNESS my hand and official seal COMM.#1953338 n a, NOTARY PUBLIC-CALIFORNIA O SAN FRANCISCO COUNTY My Comm.Expires Oct.13,2015 N SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT L) INDIVIDUAL Principal: SutterMitland 01 LLC L) CORPORATE OFFICER Faithful Performance Subdivision Bond#929605658 TITLE OR TYPE OF DOCUMENT L) PARTNER(S) L) LIMITED L) GENERAL Two Pages (2) NUMBER OF PAGES (x ) ATTORNEY-IN-FACT U TRUSTEE(S) L) GUARDIAN/CONSERVATOR (_) OTHER February 19, 2015 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Continental Casualty Company No Other Signers SIGNER(S) OTHER THAN NAMED ABOVE G-107426- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 �I'a�F� ) On -"/ � before me, (SVv 2 1 h(na v l� r � /Vdy'^ 1 ��Z/ Date � Here Insert Name and Till of the Offickl personally appeared DIt vle, ti ry ( P1 Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person*) whose namemdg/are' subscribed to the within instrument and acknowledged to me that hie she/they executed the same in 16%er/their authorized capacity(os),and that by4G/her/their signatureX on the instrument the persorX, 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 California that the foregoing paragraph is true and correct. M0 NIK�TMENUWIfiEp WITNESS my hand and oiiicial seal. Co"sslon•2017346 < -•°� No"Public-CUIMrnh i 0rpr6o CeuMy M CMM.E UN A r 1,2017+ Signature � AA_ Signature of Notary Public Place Notary Seal Above 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: 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 ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •v,nrvvv.NationalNotary.org ^ 1-800-US NOTARY(1-800-876-6827) Item 45907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 CalifornA, ) County of " ra✓I�e () /1 a 1 7 On �'�rUQca^V�3,�Zo/s beforeme, h L, / `�ln �P� A) fl/ Date Here Insert Name and Title of the Officer personally appeared SPIN Names) of Signer(s) 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 signature(s)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. ANNL IACOEE WITNESS my hand a d official seal. 011101111111111100 12M121 taws PW k-CNlfornla z c OtYp1Ot eCM* ' Signature 2 20191 Signature of Notary Public Place Notary Seal Above 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 Docu Zmen //�� Title or Type of Document: w"� , f-M .6�Dt l 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 — T itle(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org ° 1-800-US NOTARY(1-800-876-6827) Item 45907