Sutter Mitland 01, LLC Faithful Performance Bond TM31392 TM5187535 GTir Op
Community Development Department
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FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE IMPROVEMENT AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
1-Year Maintenance $ 2,029,516.40 Tract/Parcel Map 31392
Other Project No.
Total $ 2,029,516.40 Bond No. TM5187535/015049840
Surety Liberty Mutual Insurance Company Principal Sutter Mitland 01 LLC
Address 330 N Brand Blvd, Suite 500 Address 3200 Park Center Drive, Suite 1000
City/State Glendale, CA City/State Costa Mesa, CA
Zip code 91203 Zip 92626
Phone (818) 956-4250
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/Parcel) 31392 , 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 Liberty Mutual Insurance Company , as surety, are held
and firmly bound unto the City of Menifee in the penal sum of Two Million, Twenty-Nine Thousand,
Five Hundred Sixteen and 40/100 , Dollars ($2,029,516.40) 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.
G!Ty cF
M FAITHFUL PERFORMANCE BOND
E� ''
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 9th day of February , 2016 .
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: D&-je. &rr- -k--4
Title: V ire Pies ode-.4-
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Libertv Mutual Insurance Com an
AUTHORIZED SIGNATURE:
MICHAEL D. STONG, s Attorne ' -Fact I Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
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 Riverside )
On C �I11 'd�before me, R. Nappi "Notary Public"
Date Here Insert Name and Title of the Officer
personally appeared _Michael D. Stong
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(9) is/axe
subscribed to the within instrument and acknowledged to me that he/shoe/they executed the same in
his/hoer/their authorized capacity(iQG), and that by his/her/their signature(i5)on 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
R. NAPPI is true and correct.
COMM.#1977782 WITNESS my hand and official seal.
x NOTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY
My Comm.Expires June7,2016 Signature
Signatur 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:
Econo Fence, Inc.
02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate NO.6796231
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized underthe laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized underthe laws of the State of Massachusetts,and WestAmerican Insurance Company
is a corporation duly organized underthe laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Jeremy Pendergast:Michael D.Stong;Rosemary Nappi
all of the city of Riverside state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lath day of November 2014 >,
American Fire and Casualty Company
The Ohio Casualty Insurance Company y
Liberty Mutual Insurance Company c
West American Insurance Company N
ry �
._ By:
STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary
L COUNTY OF MONTGOMERY
dm _
On this lath day of November 2014 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and m O
0 a) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, W
0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
'a")> IN WITNESS WHEREOF,I have hereunto subscribed,myname and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O M
CD
r�� Q co
N By: O
O i Teresa Pastella,Notary Public _
60 O
C L This Power of Attorney is made and executed pursuant to and by"authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance rn C
m w, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
tm N 4. O)
m L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C
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a) to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y
O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective -p 3
E ti powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so m am
`p i executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >c
a the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
w
M = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, �,
and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys in-fact,as maybe necessary to act in behalf of the Company to make,execute, E Cl)
Z seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
respective powers of attorney,shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O T—
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- ~T
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said
Companies,is in full force and effect and has not been revoked. G{ /�
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ° day of d 20�.
i
it. By:
v. Gregory W.Davenport,Assistant Secretary
,f
LMS_12873_122013 174 of 500
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 ��le-/ }
On _�-6ontaK &20llg before me,
(Offe insert name an trt a Mine cer- t - -
personally appeared yrwho proved to me on the basis of satisfactory evidence to be the person whose
nameW(&a4:e subscribed to the within instrument and acknowledged to me that
QWs#eAhey executed the same inaKeathefr authorized capacity, and that by
I /lgir signature's on the instrument the person'; or the entity upon behalf of
which the person V 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.
MEAGAN KNECHT
WITNESS my han and official seal. COW42117799 M
N Notary Pubk caNfontta $
W ORANGE COUNTY
Comm. AM 29.2019
Notary 11,ublii signature (Notary Public Seal)
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