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Sutter Mitland 01, LLC Material and Labor TM36484 1001152573r-MATERIAL AND LABOR BOND CIry OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) 000FOR: Grading/Electrical Hardscape Amen ities Landscape Contingency Total $ $0.00 Tract Map Other Proj 36484Ref. lP20-O19 $ $ao 0.00 Bond No. 1001152573 l-1C50172044 750.00 Premium: included in Performance bond 7 750.00 46 500.00 $ $ 3200 Park Center Drive #1000 Principal Address Sutter Mitland 01 , LLC City/State Los Anqeles. CA City/State Costa Mesa, CA zip 90017 Zip 92626 Phone (800)-486-6695 Phone (714) 200-1609 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 112712021 , islare hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the 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 sumof Forty Six Thousand Five Hundred and no/100 Dollars , ($ 46.500.00) 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 effect. r0,'26120 Surety U.S. Soecialty lnsurance Companv Address 801 S Fiqueroa Street, Ste 700 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 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 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 Februarv 01, 2021. NAME OF PRINCIPAL: Sutter Mitland 01 LLC AUTHORIZED SIGNATURE(S) By:t9u ffiLETTTitle: Vice President (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: U.S. S ecra lnsu nce Com an AUTHORIZED SIGNATURE: te Scull, lts Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. Trtle 10t26t?0 C 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cetificate is attached, and no1 the truthlulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF orange On , 202 l, before me,Meaqan Knecht ,Notary Public. whopersonally appeared -\)4vlrt F 2,rr,rl\rtt proved to me on the basis of satisfactory evidence to be the person(*) whose narne@) is/aresubscribed to the within instrument and acknowledged to me that he/she#trdexecuted the same in his/he#their authorized capacity(iesland that by his/hei*he'ir signature@ 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. MEAGAN KN ECHT ss ) ) ) ----_---' 2 COMM lt 2294992 ! NoTARY PUBLIc-caLlFoRNlAZ N I' MY COMMISSION EXPIRES JUN E 29,2023 WITNESS my hand and official seal. (rl d tuPloN ]o nleuSrs) lpes lpDrjlo pue pupq,iuL SslNtuvt Buto;arol aqr leqr rnrrrauuof lo alers aqr ro s*el eqr rapun ^rnrrro']il1"i-,$i"r:Tr1#i:ir1"jr'1 slqt palnrexa 'patls (s)uosJed aqt qtlt{^\ Jo jlprlaq uodn Itrtua aqt lo ,(s)uosrad "Ur r*r1lffi'rtijuo (s)elnleutts rtaql/raq/srq aq teqt pup '(sar)Ilrledsl pezuoqtnp Jlaqt/req/srq ut aules aqt patn)axa ,{eq17aqs7aq rpqr eur ol peEpal,r ourrp pue ruaunJlsur urqlu eql oi paqu:iqni areTsr lslauiu asoq,,a(s)uosred aql aq ol aluep!^a ^loilplslles Jo srspq eql uo au ol pa^oJd orl^ Jlnti-n-aTnf-PeleaddeA11euos:ad.]uqndfueloue_lal]]ni'j'punT5]trraueJopq@uo FrolirEF io rNnolin5lDEuuol- JO IJ_V1S f l'l8nd UYJ-ON JO -LNlWl90l'lrt^ONylV JO ltvllll..l-Ull .s$TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors lndemnity Company, a Califomia corporation, Texas Bonding Compsny, an assumed name of American ConlracroG lndemnity Company, united States Surely Company, a Maryland corporation and U.S. Specialty lnsurance Company, a Texas coryoralion (collectively, the 'Companies'), do by lhese presents make, constitute and appointl Matthew J. Beemaert, Jason Hilby, Julie W. Scull, Brian J. Staele, Tyler Undercuffler its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, plac€ and stead, to execute, acknowledge and deliver any and all bondE, r€cognizances, undertakings or other instrument8 or contracts of suretyshlp to lnclude riders, amendmenta, and consents of surety,providing the bond penalty does not exceed Dollars( "'unlamited"' ). This Power ofAttomey shall expire without further action on April 23d, 2022. This Power of Attomey is granled under and by authority of the following resolutions adopted by the Boards of DirectoB ot the Companies: 86 { Reso/ve4 that the President, any Vice-President, any Assislani Vice-President, any Secretsry or 8ny Assbtant Secretary shall be and is hereby vosted with full power and aulhorlty to appolnt any one or more suitable persons as Altomey(s)-ln-Fact to represent and act hr End on behalf of th6 Company subiect lo the followiho provisions: Allomay-in-Fact may be given fullpower and authority forand in the name ofand on behalf of lhe Company. to erecute, acknowledge and deliver. any and all bonds, recognizances, contracls, agreements or indemnity and other conditional or obligatory undertakings, including 8ny and all cons€nts for the release of retained percentages and/or finaleslimatos on engineedng and construction contracts, and any and all notices and documents cancellng or terminating lhe Company's liabilily thereunder, and anysuch instruments so executed byanysuch Attorney-in-Fact shall be bindlng upon the Company as if slgned by the President and sealed and effected by the Corporate SecrEtary. Be il Rosolved, that the signature of any aulhorizEd officer and seal of the Company heretofore or heeafler altixgd to any power of attomey or any cenificate relating thereto by facsimile. and any power ot attomey or certificate b€adng facsimile signalure or faFimile seal shall bs valid and bindlno upon tho Company wath respect to any bond or undertaking to which lt is attached. lN WITNESS WHEREOF, The Companies have csused this instrument to be signed and their corporate seals to be hercto affixed, this lgrday ofJune, 2018. AMERICATI CONTRACTORS INDEiII{ITY COMPAI{Y TEXAS BO}IOING COiIPAI{Y UNITEO S SUR ANY E RANCE COMPANY State of Calitornia County of Los Angeles Company and U.S. Specialty lnsurance Company, do heIeb of Attomey, executed by said Companies, which is still in fu set out in the Power ofAttomey are in full force and effecl. s,nn",,." --$@- (sear) I. Kio Lo, Assrstanl Secretary VAmerican Contractors --:F-By Daniel P. Aguilar, Vice President On this 1"tday of June, 2018, betore me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company who proved to me on the basis ol satisfaclory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signaturB on the instrument the person, or the entity upon behalf ofwhich the person acled, executed the instrument. I certify under PENALTY OF PERJURY under tho laws of lhe State of California that the foregoing paragraph is true and conect lndemnity Company, Texas Bonding Company, United States Surety y certify that the above and foregoing is a true and coneci copy ota Power ll force and efbcti furthermore, the resolutions of the Boards of Oireclors, l-Iff*o or,-L have\€h.n hereunto set my han and afflxed the seals of said Companies at Los Angeles, California thisWhere ay ol Ah-l- --- I CorDorate Seals - .-^ aA aoilo Ho. nOll85 /-, visat trnhcc.com/surety for more information A Notary Public or olher officer cnmpleting this cottificate verities only the idently of lhe individualwho signed the documenl lo accurac or va of that documentwhich lhis cediticate is altached and not lhe lrulhfu Agency No. 9016 HCCSMANPOA05,2019 WITNESS my hand and official seal. -- - J'' Kio L!, Assdhd Secrelary