Sutter Mitland 01, LLC Faithful Performance TM36484 30113134FOR: Grading/Electrical
Hardscape
Amenities
Landscape
Contingency
Total
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
$000.00 Tract Map 36484118
63 500.00 Other Proj . Ref. lP18-056L
217 500 00 Bond No. 30113134
000.00 Premium $ 4.120.00 USD
14 000.00
871 000.00
Sutter Mitland 01 , LLC
$
$
$
$
$
Principal
Address 3200 Park Center Dr.. Ste. 1000
City/State Chicaoo.IL City/State Costa Mesa.
Zip code 60604 Zip 92626
Phone (3'12)-822-5000 Phone 014) 200-'t609
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
designated public improvements relating to Tract 36484, which agreement(s), dated
12115120, 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 Casualtv Companv, as surety, are
held and firmly bound unto the City of Menifee in the penal sum of Eiqht Hundred Seventy
One Thousand 00/100 Dollars, ($_84-000.001 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 condltion 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(s) 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 efiect.
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 of Menifee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
MENIFEE
Surety Continental Casualfu Companv
Address 333 South Wabash Avenue
CA
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 work to be performed there under or the
specifications accompanying the same shall in anpvise affect its obligation on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement(s) or to the work or to the specifications..
Surety further stipulates and agrees that the provisions of Section 28/.5 ot the Civil Code and
commencement of construction are not conditions precedent to surety's obligations hereunder
and are hereby waived by surety.
When the work covered by the agreement(s) is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by 90% with the
remaining 10% held as security for the one-year maintenance period provided for in the
agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on Januarv 156,2021.
NAME OF PRINCIPAL: S M 1
AUTHORTZED STGNATURE(S):
COBy:
NAME OF SURETY:
AUTHORIZED SIGNATURE:
OAVID E. BARTLETT
Vlce President
Name:
Title:
(rF coRPoRAT|ON, AFFrX SEAL)
Continental Casualty Company
a----(-L\-
Edward C. Spector, lts Attorney-in-Fact
(rF coRPoRATION, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
Tifle
M EN IFEE
FAITHFUL PERFORMANCE BOND
A notary public or other officer completing
this certificate verifies only the identity ol
the individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIF'ORNIA
SS
COUNTY OF Oranse
on Jrunt n o , 202 I , before rne,Meapan KnechI Notary Public,
personally appeared )ltrr,vtdr who
I certifu under PENALTY OF PEzuURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS rry hand and official seal.
)
)
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MEAGAN XNECHT
COMM. t 229.a992
ORANGE COUNIY
NOTABY PUBLIC.CALIFOANlA
MY COMMISSION EXPIFES
JUNE 29,2023
Notary Public
>z
proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/aresubscribed to
the within instrument and acknowledged to me that he/s@xecuted the same in his/herA{rcir
authorized capacity(icsland that by his/he#+heir signature(slon the instrument the person(s), or the entity
upon behalfofwhich the person(*)acted, executed the instrument.
On
A Nolary Public or olher officer completing this certificale verifies only rhe identitv ofthe
individual who signed the document to *hich this certiticate is attached. and not the truthfulness.
accuracy. or validity of that document.
State of Califomia
Counry of Los Anseles
JAN l6 ZOZI before me. Ethan Spector" Notan Public. personally appeared
Edward C. Spector who proved to me on the basis ofsatisfactory evidence to be the
person(9 whose name(s) is/are subscribed to lhe within inslrument and acknowledged Io me that
heAheAley-esecuted the sanre in hisAe#thei* authorized capacitl$eg. and that by hislhe#thei+
signature(s) on the instrument the person(g. or the entity upon behall'of which the person(s)
cted. e\ecuted the inslrument.
WITNESS my hand and offlcial seal
Sigr.rature
Signature of Notarv Public
CALI FORNIA ALL-PURPOSE ACKNOWLEDGMENT
I certifi under PENALTY OF PERJURY under the law,s of the
Slate of Calilbrnia that the fbregoing paragraph is true and correct.
POWER OI.- A'I"I'ORNI.]}' APPOIN'IIN(; INDIVIDT]AI, A'I"I'oRNIiY-IN-I.'ACT
Know AII NIen By These Presents. That Contin.nlal Casualty Conrprny. an Illinoi\ in\uruncc compnny. Natio0ill Firc lnsu.xncc Company ol'
Hanlirrd. an Illinois insurance company, and American Casualty Cornpany of Rcading. Pennsylvania. a Pennsylvania insurance company (herein cxlled
"1hcCNA Companics'). are duly orcanizcd atldcxisting ins rancc conlpanier having thcirprincipal r)ltlccs in the City ol Chicago. and Stateol lllinois,
and that they do by virtue of thc signalures ilnd seals hercin altjxed hereby make. consritute and rppoirlt
'l'racy Aston, Tom llranigan, Edward C Spector, l,isa K Crail. Simone Gerhard, B Aleman, K D Wapato, April
lllartinez. Samantha Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, Individually
of Los Angcles, CA. lheir truc and lawful Attomey(s)-in-Facl with full power and aulhority hcreby conferred to sign. seal and cxecute for and on lheir
behalf bonds. undenakings and other obligatory instruments of similar nature
- In Unlimited Arnounts -
and to bind thcm thereby as fully and lo the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attomey, pursuant to the aurhority hereby given is hereby ratified and conlirmed.
This Power o[ Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions. printed on the reverse hereof, duly
adopled. as indicated, by the Boards of Directors ofthe insurance companies.
In Witness Whereot the CNA Companies have caused these presents to be signed by their vice President and their corporate seals to be hereto
affixed on this lSth day of February, 2019.
Continental Casualty Company
National Fire Insurance Company of Hartford
Americ'ln Ca Ity Company of Re ng, Pennsylvania
Paul T. Bruflat Vice President
State of South Dakota. County ol Minnehaha. ss:
On this l3th day of February. 2019, before me personally came Paul T. Brullal to mc known, who, being by me duly swom, did depose and say:
that he rcsides in thc City of Sioux Falls, Statc of South Dakotai that he is a Vicc President of Continental Casualty Company. an lllinois insurincc
company. National Fire Insurance Company of Haflford. an Illinois insurance conrpany, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which execured lhe above instaument: 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 soid
insurance companies and that hc signed his ncme therelo pursuant lo Iike authority, and acknowledges same to be the act and deed of said insurance
companics.
J, MOHR
axu
My Commission Expire s June 23. 102 |J. Mohr Notarv Public
(.F]RTIFICAl'E
I. D. Johnson. Assistant Secretary ofContinental Casualty Company. an lllinois insurance company. Nalional Fire lnsurance Company of Harlford.
an Ilinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby cenify that the
Power of Attomey herein above set forth is still in force, and further cenify that the By-Law and Resolution of the Board of Directors of the insurance
insurancc companies I his day ol'
ln testimony *h*"$ANAT brZ[Asubscribed nry name and affixed rhc scal of the s id
Continental Casualty Company
National Fire Insurance Company of Hartford
Am€rican Casualty Company of Reading, Pennsylvania
compdnics printed on the revcrsc hcreof is still in Ibrce
D. Johnson Assistant Secretary
Form F6853-4/201 2
ri0o9tot4laa
/utY rlt!r2SEAL
1897
SEAL
697
,*ortm4,|o
/lrlY I.
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Go to www.cnasuretv.com > owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity
"!r*
Authorizing By-Laws and Resolutions
ADOPTED BY TIIE BOARD OF DIRECTORS OF CONTINENTAL CASI.IALTY CO]\|PANY
This power of Artorney is made and executed pursuant to $nd by aulhority of the following resolution duly adopted by the Board of Directors of the
Company at a meeting held on May | 2, 1995:
.,RESOLVED: Thal any Senior or Crcup Vice Presidenl may authorize an officer lo sign specilic documenls, agre€ments and inslruments on hehalf of
thc Company provided that the name of such authorized ol tlcer ilnd a description of the documcnts, agreemenls or inslruments thal such officer nuy sign
will be p;ovided in writing by the Senior or Group Vice Presidenl to the Secrelary of lhe Company prior to such execution becoming ell'ective.
This power of Attomey is signed by Paul T. Brullat. Vice President, who has been aulhorized pursuant to the above resolution to execule power of
attomeys on behalf of Continental Casualty Company.
This power of Attorney is signed and sealed by facsimile under and by rhe authority of the followinS Resolution adopted by the Board of Direclors of lhe
Company by un.nimous wntlen consenl daled lhe 25'" day of April. 2012:
..Whereas, the bylaws of the Company or specific resolution of lhe Board of Directors has authorized various officers (the "Authori?ed Officers") to
execute various policies, bonds, undertakings and olher obliSatory instruments of like nature; and
Whereas, from rime ro lime. the signarure of the Authorized Officers, in additior to being provided in oriSinal, hard copy format, may be provided via
facsimile or otherwise in an electronic format (collectively, "Electronic Signatures")i Now thercfore be it resolved: that the Electronic Signatu.e of any
Authorized ofticer shall be valid and binding on lhe Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This power o[ Attorney is made and execured pursuant to and by authority ol the following resolution dtlly adopled by the Board of Directors of the
Company by unanimous written consent dated May 10. 1995:
.'RESOLVED: Thar any Senior or Croup Vice President may aulhorize an officer to sign specific documents, agreemenls and inslrlrnents on behalf of
the Company provided that the name of such authorized officer and a description of lhe documents, agreentents or inslrumenls that such officer mny sign
will be piovided in writing by the Senior or Group Vice President to the Secrelary of the Company prior to such execulion becoming effective "
This Power of Attomey is signed by Plul T. Bruflat. Vice President, who hrs heen aulhorized pursuunt lo the above resolulion lo execute power of
atomeys on behalf of National fire Insurance Company of Hardord.
This Power of A[omey is signed and sealed by facsimile under and hy rhe authority of lhe following Resolution adopled by lhe Board of Directors of the
Company by unanimous *'ntlen consenl daled lhe l5r" day of Aprit. :01:'
"Whereas, the bylaws of the Company or specific resolution of the Board of Direclors has authorized varjous officers (lhe "Authorized Officers") to
execute various policies, bonds, undertakings tnd olher obliSatory instruments of like naturei and
Whereas, from time lo time, rhe signarure of rhe Aurhori?ed OfficeN. in addition to being provided in ori8inal, hard copy format. may be provided via
facsimile or otherwise in an electronic formar (collectively, "Electronic Si8natures"); Now therefore be il resolved: thal lhe Electronic Signature ofany
Authorized Officer shall be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA:
This Power of Attomey is mrde and executed pursuanl to and by aurhority of the lbllowing resolution duly adopled by the Board of Directors ol the
Company by unanimous written consent daled May 10, 1995:
..RESOLVED: That any Senior or Group Vice President may authorize an ofllcer to sign specific documenls. agreenrents and inslnlmenls on behalf of
(he Company provided that the name of such aulhorized officer and a description of the documents, agreements or inslruments lhal such officer may sign
will be provided in writing by the Senior or Group Vice Presidenl to the Secretary of the Conrpany prior lo such execution becoming effective."
This Power o[ Altomey is signed by Paul T. Bruflat, Vice President, who hi$ been authorized pursuant to the above resolution lo execule power of
attomeys on behalfof American CL\ualty Compony of Reading, Pennsylvania.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution ndopted by the Board of Directors of the
Company by unanimous wrirten consent dated (he 25'h day of April. 2012:
"Whereas, the bylaws of the Company or specific resolulion of thc Board of DrrecloB has authorized various officers (the "Aulhorized Officers") lo
execute various policies. boflds. undertakings and other obligatory instruments ol like ha{urei and
Whereas, from rime ro time, rhe signarure of the Authorized Officcrs. in addilion to being provided in original, hnrd copy format. may be provided via
licsimile or otherwise in an electronic format (collectively. "EIeIrronic Sigralures"ri No\r lherefore bc il resolvedr that lhe Electrcnic Signirlurc ofany
Authorized Officer shall be valid and binding on the Company. '