D.R. Horton Los Angeles Holding Company, Inc. Faithful Performance Bond 37400 0809488!tE Community Development Department
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
CIry OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
1-Year of Maintenance $ Z4$72.9O TracUParcel Map
No.
Total Cost Estimate: $ {,020,596.24 Project No PLN21-0186 Sagewood HOA
iiaintained Landscaping
The followinq to be completed by the Applicant:
Surety: Harco National lnsurance Comoanv PrinciDal: D.R. Horton Los Anoeles Holdino
Company, lnc., a California corporation
Address: 2280 Wardlow Circle #100
Citv/State: Raleioh. NC CitviState: Corona. CA
Zip Code: 27605-0800 Zio Code: 92880
Phone: 630-468-5600 Phone: 951-739-5469
Bond No. 0809488
WHEREAS, the City of Menifee, State of California, and,D. R. Horton Los Anqeles Holdino Companv.
Inc.. a California corporation , (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 on-site landscape and irrigation located on the
southwest corner of Mclaughlin and Barnett Roads, APN 331-080-007 (as shown on Exhibit L or Plot
Plan PLN21-0186), 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 Harco National lnsurance Comoanv as surety, are held and
firmly bound unto the City of Menifee in the penal sum of One Million Twenty Thousand Five
Hundred Eighty€ix Dollars and 24 Cents ($1,020,586.24) 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; otheMise, 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 euccessfully enforcing such obligation, all to b€ taxed as costs and included in
any judgment rendered.
Tract 374OO
Address. 702 Oberlin Road
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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 ol the Civil Code and
commencement of construction are not conditions precedent to surety's obligations hereunder
and are hereby waived by surety.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,on September 28,2021
NAME OF PRINCIPAL: D.R. Horton Los Anqeles Holdinq Company, lnc., a California
corporation
AUTHORTZED STGNATURE(S):
a ,L
64-
(tF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY:Harco tional lnsurance Com an
AUTHORIZED SIGNATURE:
ooreAttorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY]N-FACT,
B
FAITHFUL PERFORMANCE BOND
FOR
LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT
Title:
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT lnsurance Group, Headquartered: 702 Oberiin Road, Raleigh, North Carolina 27505
KNOW ALL MEN BY THESE PRESENTS That HARCO NATIONAL ll{SURANCE COiIPANY, a corporation organized 3nd etisting under the laws of
the State of lllinois, and IIITER ATIoNAL FIDELITY lNsuRANcE co PANY, e corporetion organized end exrsting under the laws ot th6 State of New
Jersey, and having their principal offces located respeclavely in lhe cities of Rolling Meadows, lllinois and Newark, New Jersey, do hereby constitute and
appoihl
AMY B. WCKETT, R.L. MCWETHY, DAVVNI L. MORGAN, KEVIN J. SCANLON, ROBERT W. KEGLEY JR., KELLY A.
GARDNER, JAMES I. MOORE, ELAINE MARCUS, JENNIFER J. MC COMB, MELISSA SCHMIDT, STEPHEN T. KAZMER
Downers Grove, lL
lheir lrue and lawful anomey(s)'an-fad lo execute. seal and deliver for and on its behall as surely, eny and all bonds and undenakings contracts ot
indemnily and olher writings obligatory in the nature thereof. which are or may be allowed. required or permitted by law. statute, rule. regulation, contracl
or othelwise. and lhe execulion of such instrumenl(s) in puEuance of lhese presenls. shall be ss brnding upon the said HARCO iIATIONAL
INSURANCE COf,PANY and I TER AnO AL FIDELITY INSURANCE CO PANY astullyandamply. loallinlentsand purposes. asif the semehad
been duly executed and acknowledged by their regularly elected officers at their principal officls.
This Power of Atlomey is executed, and may be revoked pursuant to and by authonty ofthe 8y-Laws ot HARCO NATIOIIAL IiISURANCE CO PAI{Y
and INIERNAnOIAL FIDELITY I'{SURANCE COMPANY and is granted under and by authonty of the ,ollowing resolution adopted by the Board of
Direclors of INTERI{ATIO'{AL FlOELlw INSURANCE COiIPANY at a meeting duly held on the l3th day ol December,2018 andbytheBoardof
Diroclors of HARCO NATIONAL INSURANCE COiIPANY at E meeting held on the 13th day of Oecember, 20'1E.
"RESOLVEO that (1) the Chief Executive Officer, President, Executive Vice Presidenl, Senior Vice Presidenl, Vice President, or Secretary of the
Corporalion shallhave the power to appoint, and to revoke the appointments of, Attorneys-in-Facl or sgenls with power and authority as derined or limited
in lheir respeclive powers of atlomey, and to execule on behalf of lhe Corporation and affx th€ Corporation's seal thereto, bonds, undertakings,
recognizances, contracls of indemnity and other written obligalions in the nature lhereof or related theretoi and (2) any such Otfrcers of the Corporalion
may eppoint and revoke the appointments of joint-control custod,ans, agents tor acceptance of process, and Attomeys-in{acl with authority to execute
waivers and consenls on behalf of the Corporationi and (3) lhe signalure ot any such Offcer oflhe Corporalion and the Corporation's seal may be affxed
by facsimile to any power of atlomey or cerlification grven for the execution of any bond, underteking, recognizance. contract of indemnity or other wrilten
oblig8lion in lhe nature thereof or related therelo, such signature and seals when so used whether heretofore or hereaner, being hereby adopted by the
Corporalion as the original signature of such oflicer and lhe original seal of the Corporalion, lo be valid and binding upon the Corporalion with the same
force and effecl as lhough manually alfired.'
lN WlTNESS WHEREOF. HARGO }IATIONAL INSURAI{CE COIIPANY and lt{TERI{ATIONALFIDELITY INSURA CE CO PAT{Y have each exec1./led and aflested these presents
on lhrs 31st day of December. 2018
Bond # 0809488
STATE OF NEW JERSEY
Counly of Essex
STATE OF ILLINOIS
County of Cook
Jh,*A, R.
&t&c
-.:;ilil'i:i;.1;
i!r selr- il:...:rr.liffi
Kenneth Chapman
Executive Mce President, Harco National lnsurance Company
and lntemational Fidelity lnsurance Company
On this slst day of December, 2018 , belore me came the indivrdualwho execuled the preceding instrument, lo me personally known. and,
being by me duly swom, said he is the lherein descdbed and authorized officer of HARCO i{ATIONAL INSURANCE COITPA Y and
INTERNATIONAL FIDELITY INSURAI{C€ CO PArY; thal the seals affixed to seid inslrument are lhe Corporste Seals of said Companies. that lhe
said Corporate Seals and his signalure were duly affixed by order ofthe Boards of Direclors of said Companies.
i*r#inir#trilS
lN TESTIMONY WIIEREOF, I have hereunlo set my h6hd affred my Oficial Sesl, at the City of Newark
New Jersey lhe day and yearfirst above written.
Shirelle A. Outley a Notary Public of New Jersey
Iry Commission Expires April4, 2023
CERTIFICATION
l,lhe undersigned oflicer of HARCO NATIONAL INSURANCE COfTPANY and I TERNATIONAL FIOELITY INSURANCE CO PANY do hereby certify
lhal I have compared lhe foregoing copy ofthe Power olAttomey snd affdavit, and the copy of the Seclions ofthe By-Laws of said Companies as set
torth in said Power of Attorney. with the originals on fle in fh! hdme ofice ol said companies. snd that the same are corecl lranscripts thereol. and of lhe
whole of the said original6, snd that lhe sard Power of Allomey h6 s nol 6een revoked and is now in full force and effect.
lN TESTIMONY WHEREOF. I have hereunto set rny hand on lhis dAy. Seplember 28, 202'l
stal
r9o4
II
400313
lrene i/artins, Assistant Secretary
State of Illinois
County of DuPage
On September 28. 2021, before me, Sinem Nava, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
James I. Moore known to me to be Attomey-in-Fact of
Harco National Insurance Company the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalfofthe said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offrcial seal, the
day and year stated in this certificate above.
My Commission Expires Ausust 28. 2025
SS.
)
)
I
S Nava, N blic
Commission No. 859777
CALIFORNIA NOTARY ACKNOWLEDGEMENT
(tNDtvtDUAL)
truthfulness, accura , or validi of that document.
State of California
County Of Rve'sde
On Sepiember 29,2021 before me,S,J, PARADISO NOTARY PUBLIC (insert name and title of
, who proved to me on thethe officer), personally appeafecl Jennirer L. o'L6ary
basis of satisfactory evidence to be the person(r) whose name(i) is/d,e subscribed to the within
instrument and acknowledged to me that hc/she/lbo$ executed the same in hidher/iboik
authorized capacity(i60, and that by hjdher/tho(x signature(si on the instrument the person(9J,
or the entity upon behalf of which the person(gi acted, executed the instrument.
Signature (Seal)
I
5, J. P^R^0150
Nolrry lubll( . Crlltoril.
irva.tid. County
C.'rniilon r 2279t26
ry Conm. €rprrar l,lar 7, 2023
,
Copynght@ 2018 NolaryAcknowledgement com. All Rights Reserved
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
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.
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