Sutter Mitland 01, LLC Material and Labor TM36484 30113134FOR: Grading/Electrical
Hardscape
Amenities
Landscape
Contingency
Total
$59.000.00 Tract Map
$31 .7 00 Other Proj. Ref.tP'18-056 L
$108.750.00 3011313/,
$163..00
Bond No
Premium
$
$
72..00
435,500.00
Surety Con tal Casualtv Companv
Address 333 S th Wabash Avenue
Sutter Mitland 01. LLCPrincipal
Address 3200 Park Center Dr.. Ste.1000
City/State Chicao ,tL City/State Costa esa. CA
Zip code 60604 zip I 626
Phone (3'12)-822-5000 Phone i14\2OO-1 I
WHEREAS, the City Council of 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 designatedpublic improvements relating to Tract 36184, which agreement(s), dated 1211st20, is/are
hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement(s), principal is required, before entering uponthe performance of the work, to file a good and sufficient payment bond with the city of
Menifee to secure the claims to which reference is made in Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code of the State of California;
NOW THEREFORE, said principal and the undersigned, as corporate surety, are firmly
bound unto the City of Menifee and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the agreement(s) and referred
to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum
of Four Hundred Thi Five Thousand Five Hundred 00/100 Dollars,
($ 435.500.00)for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount hereinabove set forth, and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of
Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and
to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and efiect.
10126/20
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
lncluded w Performance Bond
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement(s) or to the specifications accompanying the same
shall in anywise afiect 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 are
not a condition 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 Januarv 1 5 2021
S utter Mitland 01 LLC
AUTHORTZED STGNATURE(S):
CBy:
NAME OF SURETY: Con
AUTHORIZED SIGNATURE:
DAVID E. BARTLETT
Vlce President
(rF coRPoRATtON, AFFTX SEAL)
Com
Name:
Title:
a
Edwa C. Spector, lts Attorney-in-Fact Title
(rF coRPoRATrON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEOGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
NAME OF PRINCIPAL:
L
t0/26/20
A notary public or other offioer 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
ss
COUNTY OF Oranse
on Jnus,,n.l Zt ,2021, before nre, Meagan Knecht , Notary Public,
personally appeared -1)rt.v1d I ., who
proved to me on the basis of satisfactory evidence to be the person{s) whose nanre(s) is/are-subscribed to
the within instrument and acknowledged to me that he/Wexecuted the sarne in his/he#+lreir
authorized capacityQes) and that by his/heCtheir signature(s) on the instrument the person(s), or the entity
upon behalfofwhich the person(+) acted, executed the instrument.
WITNESS my hand and official seal.
z
{
MEAGAN KN ECHT
coMM. t 2294992
OBANGE COUNTY
NOTAEY PUELIC{ALIFOFNIA
MY COMMISSION EXPIFES
JUNE 29,2023
Bz Not Pu lc
I certifu under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
)
)
)
A Notary Public or other ollicer completing this cerlillcate verilies onll'the identit) of tlle
individual who signed the document to which this certif-rcate is attached. and not the truthfulness.
accuracy. or validi of that docuntent.
Statc ofC alilirrnia
County ol' Los Anqeles
On JAN t [ 2921 betbre me. Ethan Spector. NotarJ Puhlic. personalll appeared
Edward C. Soector who proved Io me on the basis of satislactory evidence to be the
person(s) whose nanre(s) is/a+e sr,rbscribed to the within instrument and acknowledged to me that
he/sheltheyexecuted the same in hisA*#tkir authorized capacirl6es). and that by hislhe#+hei+
signaturetg on the instrument the person(s). or the entity upon behall'of which the person(s)
acted. erectrled the it)slrut)tenl.
I certily under PENALTY OF'PERJURY under the laws of rhe
State ol'Calilbrnia that the foregoing paragraph is true and correcl
WITNESS my hand and olllcial seal
S ignature
Signature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
P0WI'R OI.' /\]-IORNI.]Y APPoIN'I'ING INI)IVIDT]AI, AT'I'oRNtiY-IN-I.'ACT
Hanfi)rd. an lllinois insurance conlpany, and American Casuahy Conrpany ol Rcading. Penn\yl\'unia, a Pennsylvania insurance company (hcrcin called
and thut lhey do by virtue of thc signaturcs irnd seals hcrcin aflixed hcreby make. constirure and irppoinr
Tracy Aston, Tom Branigan, tldward C Spector. Lisa K Crail, Simone Gerhard. B Aleman. K D Wapato, April
Martincz, Samantha i'azzini, Marina Tapia, Donna (iarcia, Rosa Ii Rivas, lndividually
of Los Angeles, CA. their true and lawful Allomey(s)-in-Fact with full power and authorily hcreby confened lo sign. seal and execule for and on their
behalf bonds. undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them lhercby as !ully and to the tame cxtenl as if such instruments were signed by a duly aulhorized officer of their insurance companies and
all the acts of said Attomey, pursuant to fte authority hereby given is hereby ratilied and contirmed.
This Power of Allomey is made and executed pursuanl to and by authority of the By-Law and Resolutions, printed on the reverse hereol, duly
adoptcd. as indicatcd. by the Boards of Directors of the insurance companies.
In Witness Wher€of, the CNA Companies have caused these presents 1() be signed by lheir Vice President and their corporate seals to be hereto
affixed on this l3th day ofFebruary.20l9.
Continental Casualty Company
National Fire Insurance Company of Harttbrd
American Cas ty Company ol'Rcxdi ng, Pennsylvania
Paul T. Urut-lat Vice President
State ol South Dakota, County ol Minnehaha, ss:
On this l3th day of Februruy. 2019, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say:
thnl he rcsides 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 Hantbrd, an Illinois insurance company. and American Casualty Company of Reading, Pennsylr ania, a
Pennsylvania insurance company described in and which executed the above instrumenti lhat he knows thc seals of said insumnce companies; that the
seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant lo authori(y given by the Boards of Directors of said
insurance companies and that hc signed his name thereto pursuant lo like authority. and acknowlcdges same to be thc act and deed of said insurance
companies.
J UOHR
@
My Commission Expires June 23. 2021 J. Mohr Notarl Public
( l-R'ut't( ,\1 ll
I. D. Johnson. Assistanl Secrctary ol Continental Casualty Company. an Illinois insurance company. Nalional Fire Insurance Company of Hanford.
an Illinois insurance company. and American Casualty Company ol Reading. Pennsylvania, a Pennsylvania insurance company do hereby cenify that thc
Power of Auomey herein above set forth is still in force. and further cenify that thc By-Law and Resolution of the Board of Directors of the insurance
companies printed on the revcrsc hereofisstill in force. ln testimony whereofI have hereunto subscribed my nameand atUxed the seal oftheslid
insurance companies lhis
Contrnental Casualty Company
Naii,ihal Fire Insurance Company of Hartford
Aner ican C-asualty Company of Reading, Pennsylvania
D. Joh;non Assistanl Sccretar)
Form F6853-4/2012
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Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond CoveraSe, if you want to verify bond authenticity
JAN l0 Z0Zt
II
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OtJ CONTINENTAL CASUALTY COMPANY
This Power of Atrorney is made and executed pursuanl to and by authoriry of the lollowing resolution duly adopted by the Board of Directors of the
Company at a meeling held on May 12, 1995:
,.RESOLVED: That any Senior or Croup Vice President may authorize an officer to sign specific documents, agreements and instruments on hehalf of
the Compuny provided thal the name ofsuch uthorized oftlcer nnd a description o[ the documents. agreemcnts or inslruments thal such ofticer moy sign
will be provided in wriling by the Senior or Croup Vice President to (he Secretary of the Company prior to such execulion becoming efteclive."
This Power of Attomey is si8ned by Paul T. Bruflat. Vice Prcsidenl, who has been aulhorized pursuant to the above resolution 10 execute power of
attomeys on behalfof Continental Casualty Company.
This Power of A omey is signed and sealed by facsimile uoder md by the authority of lhe following Resolulion adopted by the Boatd of Direclors of fte
Company by unanimous writlen consent daled the 25'i day of April, 2012:
''Whereas, rhe bylaws of lhe Company or specific resolulion of the Board of Directors has authorized various olficers (the "Authorized Officers') 1o
execute various policies. bonds, undenakings and other obligatory instrumenls of like nature; and
Whereas, from time ro rime. rhe signarure of the Authorized Officers, in addition 1o being provided in original, hard copy format, may be provided via
lhcsimile or otherwise in an elcctronic format lcolleclively, "Electronic Signatures"); Now therefore be it resolved: that lhe Electronic Signature ofany
Authorized Officer shall be valid and binding on the Cornpany."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power ol Atrorney is made irnd execured pursuunl ro and by authoriry of the following resolution duly adopted by the Board of Directors oI the
Comprny by unanimous written consent dated May 10, 1995:
"RESOLVED: That any Senior or Group Vice Presidenl may iruthorize an olliccr to sign specific documenls. agreenenls and inslruDrents on behalI of
the Company provided thal the name of such authorized officer irnd a description of lhe documents, agreements or inslruments thal ruch officer may sign
will be provided in writing by lhe Scnior or Group Vice President to the Secretary of the Company prior to such execulion becoming effective."
This Power ol Afiomey is signed by Paul T. Brutlll, Vice President. $ho has been authorired pur\uanl to lhe above resolulion to execule frower of
nltomeys on behall of National fire Insurance Company of Hartford.
This Power of A[omey is signed and sealed hy facsimrle under cnd by the rurhority of lhe following Resolulion adopted by the Board of Direclors of the
Company b) unanrmou\ \rnlten con\ent dcled lhe l5'h d:ry ol April. :01:.
"whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officcrs (the "Authorized Ofllcers") to
execute various policies. bonds, undertakings and other obligatory instrumenls of like nc(uret and
Whereas, from time to time, the signarure of the Authorized Officefs, in addilion to being provided in original, hard copy formal. may be Provided via
facsimile or otherwise in an electronic format (collectively, "Eleclronic Signatures"): Now lherefore be il resolved: that lhe Eleclronic Signalure ofany
Authorized Officer shall be valid and binding on lhe Company."
ADOPTED BY THE BOARD OF DIRECTORS OF A]IIERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
This Power of Arromey is made and executed puruuant to and hy 0uthority of lhe following resolution duly adopled by the Board of Directors of the
Company by unanimous wntten consent dated May 10. 1995:
"RESOLVED: Thal any Senior or Croup Vice President may luthorize an officer to sign specific documenls, aSreements and insuumenls on behalf of
the Company provided that rhe name of such aulhorized officer and a description of the documents, agreements or instrumenls that such officer may sign
will be provided in writing by the SeniororGroup Vice Presidenl to the Secretary ofthe Company prior to such execulion becominS effective."
This Power of Atlomey is signed by Paul T. Bruflat. Vice President, who has been authorized pursuant to the above resolution to execute power of
atlomeys on behalf of American Casualty Company of Reading, Pennsylvania.
This Power of Attomey is signed and sealed by facsimile under and by the authority of lhe following Resolulion adopted by the Board of Directo^ o[ the
Company by unanimous written consenl dated rhe 25'h day of April. 2012:
''Whereas, lhe bylaws of lhe Company or specific resolution oI thc Bo&'d ol Direclors has authorized various officers (the Authorized Officers") lo
execute vadous p(ricies, bonds, undertakin8s and other oblieHlory iislrunrents of like nature: and
Where&s. from time to lime. the siSnarure of rhe Authorized Officers. in additiofl Io being provided in original, hard copy format. may be provided via
facsimile or othcrwise in irn electronic formal (colleclively. "Electronic Signatures"): Now therefore be il resolv€d: thal the Electronic Signature of any
Authorized Officer shall be valid and binding on the Compary. '