Pulte Home Company, LLC Faithful Performance TM32102 0243516ENG/PW
CITY OF MENIFEE
MAY 0 2 2022
RECEIVED
FOR: Grading/Electrical
Hardscape
Landscape
Contingency
CM/ lnspection
Tota I
Surety Berklev lnsu Comoanv
Address 412 t\4t. Kemble Avs . Suil6 3'10N
FAITHFUL PERFOR]UANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Tract Map TM32102
1 ,418.091 .00 tP21-0621
998 000.00 Bond No. 0243516
483.218.00 Plsrnlurn $ 1 1,599
$
$
193.287.00
093 000.00
Principal _Pg!!s_llqlDc-e.gmpanLL!C-Address 27401 Los Altos$uile j00
$
$
$
City/State Morrislown NJ City/State Mission. CA
zip code 07960 zip 92691
Phone 657-356'2894 Phone (760) 801-5116
WHEREAS, the City Council of the City of Menifee, Stale of California, and Pulte Homs
Company, LLC.(hereinafter designated as'principal") have entered inlo, or are about to
enter into, the attached agreement(s) whereby principal agrees to install and complete the
above d€signated public improvements relating to Tract meo 32102 - lP21-062L , which
agreement(;), dated , is/are hereby referred to and made a part hereof:
and,
payment of which sum will and truly be made, we bind ourselves, our
executors and administralors, iointly and severally, firmly by thes€ presents
WHEREAS, said principal is requhed under lhe terms of said agreement(s) to furnish bond(s)
for the faithful performance of said agreement(s);
NOW THEREFORE, we the principal and Berkley lnsurance Company, as surety, are held and
lirmly bound unto the Cily of Menifee in the penal sum of -f@!!!!9!!-:!i!!.99-!hI9ethouaand and no/100 0olla13,GtpglpggJqgt laMul money of the United States, for the
heirs, successors,
The condition of this obligation is such lhat if the above bonded principal, his or ats heirs,
executors, administrators,luccessors or assigns, shall in all things stand to and abid€ 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 lhe time and in the manner lherein specified, and in all respects
according io their true intent and meaning, and shall indemniff and save hgrmlgis 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 effecl.
As a part of the obligalion secured hereby and in addition to the face amount specified
therefore, lhere shali 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 iudgment rendered'
?t^
Other Proj. Ref.
tl f,lEr;
?t^nII:l
The surety hereby slipulates and agrees that no change, exlension of time, alleration or
addition to the terms of the agreement(s) or to the wo* to be performed there under or the
specifications accompanying the same shall in anywise affect ils obligation on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
lerms of lhe agreement(s) or to the work or to the specifications..
Surety further stipulates and agrees lhat the provisions of Section 2845 of the Civil Code and
commencement of construction are not conditions precedent to surely's obligations hereunder
and are hereby waived by surety
\Men 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 g0% with the
remaining 10% held as security for the one-year maintenance period provided for in the
agreement(s).
lN WTNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on April 21 2022
NAME OF pRlNClpAL: Pulte Home Company, LLC
AUTHORIZED SIGNATURE(S):
By
reg S. Rives
Tl e:istant Treasurer
(rF coRPoRATrON, AFFrX SEAL)
NAME OF SURETY:
AUTHORIZED SIGNATURE
Berkley lnsurance Company
Jeremy Polk,
Attorne -in-Facl
rn n-Facl Title
PORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGIUENT OF SIGNATURES OF PRINCIPALAND
ATTORNEY-IN.FACT,
,,,-.rs$jta ^\(?'rffi)3
\" \-el 7\ qarwr& - '/
FAITHFUL PERFORMANCE BOND
ACKNOWLEDGEMENT
State of Arizono
County of Maricopa
On LI b.L1 before me personolly oppeared leremv Polk whose
identity was proven to me on the bosis of sotisfoctory evidence to be the person
who he or she cloims to be, ond acknowledged thot he or she signed the ottoched
document.
(seol)AA"
Notdry Signoture
Motthew Stanton Erro
Commission Expires Morch gth, 2025
NOTARY PUELIC. ARIZONA
MASICOPA COUNTY
coMMlssloN # 622269
MY CoMMISSION EX?IRES
MATTHEW SIAN]ON ERRA
MAIICH 09 2026
STITE OF COMaECTICUT )
) ss:
COI'I{TY OF TAIRFIBLD )
SworD to bcforc Ec, a Notary Public itr thc Stalr of CooDccticut, 6is !9!L d8y of
\o. Bl-7991g-cl
sidelt
Ju __?931_, bY Il:A S. Ledcrrra!
Scqctary',and Scljor Vicc Prcsidco!
POWER OT' A'T-TOR\E\
BERKI,E}' INSI.'RAN('E COI\IPA}II'
\\. I LMINCTON. DI]LAW ARF]
KNOW ALl. l\4EN UY l'HliSlj I'lil:lil;NlS- thot Illil{Kl.llY lNlitll{nNCl: C()MI'ANY (the Compiu\ "). a corp()rltron dul\
organized and eristirrg rndcr the laus oftlrc Statc of Delaware. having its principal office in Greenrvich. CT. has made. consliluled
and appoinled. a[d does b) lhese presenls nrake. constilute and appoint: Jerenl' R. Polk ot Llorthei' Erro .rf U$ lnsuronce
Sen'ices, LLC of Phoe L\, ,42 its true and larvful Attorney-in-Facl, to sign ils nanre as surely only as delineated belor.r and to
e\ccutc, scal, acknowlcdgc and dcliver any and all bonds and undcnakings. with drc cxceplion ofFinancial Guaranty lnsurancc.
providing that no single obligation shall e)iceed Fifty Million and 00/100 [].S. Dollars (U.S.$50,000,000.00), to lhe sanre ertenr
as ifsuch bonds had been duly execuled and acknowledged by the regularly elected officers ofthe Company at its principal oflice
in lhcir orvn propcr pcrsons.
This Power ol Atlonrey shall be conslrued and enforced in accordance wilh. and governed by, the la\ys of lhe State of Delaware.
withoul giving effccl to thc principles of conllicts of laws thercoll This Powcr ofAnomcy is granted pursuant lo lhe tbllowing
resolutions which were duly and validly adopted at a nreeting olthe Board of Directors ofthe Company held on January 25. 2010:
RESOI,VED, thal, $ith respecl to the Surety husiness rvritlen by Berkley Surety. the Chairnran of the Board, ('hicf
Executive Oflicer, Prcsidcnt or any Vicc Prcsidcnt of lhc Company. in conjunction with thc Sccrctary or any Assistanl
Secretary arc hereby authorized to execute powers of attorney authorizing and qualifying the anomey-in-fact named lherein
lo execule bonds. undertakings, recognizances. or other suret)'ship obligations on behalfofthe Company. and to afllx lhe
corporale seal of the Company to powers of a(orney execuled pursuanl herelo; and said officers nrav remove any such
attomey-in-fact and revoke any power ofattorney previously granted: and funher
RESOLVf,D. that such power of attomey limits lhe acls of those named therein to the bonds, underlaliings. recognizances.
or other suretyship obligarions specifically named therein. and they have no authorily to bind th€ Conrpany e\cept in lhe
manncr and lo thc cxtcnl thercin staled; and funher
RESOI,VED. lhat s(clr power of attorney relokes all previous powers issued on behalf of the attorney.in-facl named: and
funher
RESOLVED. thal the signature ofany authorized ofllccr and lhe seal of thc Conrpany may be affixed by facsinile to any
power of attome) or certifical ion thereof authorizing the execul ion and delivery of any bond. undertaking, recogn i/rnce. or
other suretyship obligation oflhe Company: and such signature and seal when so used shall have the same lorce and eflect as
though nlanually amxed. The Company nay continue to use for lhc purposes herein staled the facsimilc si8rature of any
pcrson or persons who shall have been such ollcer or omcers of the Conrpany. notwithstanding l|re facl that they nray have
ceased to be such at the time when such instruments shall be issued.
IN WTINESS WHEREOF, the Compaoy has caused tbtse prcscots 19.bc sigcd atrd 8nc$cd by iE appropriate of6ccrs ,nd ilr
corpor.te Ecal hcrcuDto af6xed 6is !9!! dry of 2021
AttEst losurancc Compaa
B)'B
I
Exe.urivc \ricc PrcsidcDt & Sccrctsry
and Jcfry l'l Hric. who atB Eworrr to E. to bc thc Exc<ttrivc Vic.
rcspctivc)y, of Bcrklcy lasuraocc Compaoy. ro'!$fficot|t{EfiICt'YrYcq'rutssro ErnE!,fHll $, l02a ot ry
CERTIrlCATf
I, 6c uodc6igrcq Arsist6t Soqatary of BERKLEY INSTIRINCE COMPANY, DO HEREBY CERTIFY that tbr forcgoing is a
tuc, corroot lod coloplcr. copy of tbc origital Powcr of Attomcy; lhar said Po,rcr of Attom.y has trot bc.n rcvokod or rcscindcd
auttrority of tlc Anomry-in-Fsct sct forLb tbcr.in. who c)iccuicd thc bond or to which this Fcrwer of
sl.-\
Public, Stare o Co!.occticul
is in firll forcc and effect a! ofthis ddc.
Ey band atrd scal of thc Company, this j'l st day of
Vinc.ot P. Forte
2022
\l \l :
ACKNOWLEDGEMENT BY PRINCIPAL
srATE OF GEORGTA)
) ss.
couNTY oF coBB)
This record was acknowledged before me on April 21 , 2022,
appeared Gregory S. Rives, Assistant Treasurer of Pulte Home
Company, LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand official seal.
S tu Notary Public
I. JESS/CA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
T JESSICA
^rASKNorary Public - Strte of GeorSia
Cobb Countytly Commi.slon Expirei Feb 21, 2016
?+MATERIAL ANO LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Grading/Electrical $_ Tract Map TM32102Hardscape $709,045.50 Other Proj. Ref.tP21-062
Landscape $ 499.000.00 Bond No
Premium
0243516
Contingency $CM/lnspection $Total $
241.609.00
96.M5.00
lncludsd psrlormanc€bond
546 s00 001
Surely Berkley lnsurance Company PTincipaI PULTE HOME COMPANY, LLC.
Address 2740'1 Los Altos Suite 400Address 412 Mt. Kemble Ave, Suite 310N
City/State I\rorristown NJ Crty/State Mission CA
ztp 07960 zip 92691
Phone 657-356-2894 Phone (760) 801-51:r6
WHEREAS, the City Council of the City of Menifee, State of California, and PULTE HoME
COmPANY. LLC. , (hereinafter designated as "principal") have entered into, or are about to
enter into, th6 attached agreement(s) whereby principal agrees to install and complete the
abovedes.gnatedpublicimprovementsrelatingto@,which
agreement(s), dated is/are 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 lile a good and sufiicient 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 Divrsron 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 agreemenl(s) and referred
to Title 3 (commencing with Section S00O) of Part 6 of Division 4 of the Civil Code in the sum
of one million five undred forw six thousand tive hu dred and no/100 Dollars ,$
't.546,500.00 for materials furnished or labor thereon of any kind, or tor amounls due under
the Unemploymenl lnsurance Act with respecl to such work or labor, that said surety will pay
the same in an amount not exceeding the amount hereinabove set fo(h, and also in case suil
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and tees, 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 ludgment 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.
!:I {:IIJ
r0 26:0
]UIATERIAL ANO 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 surely.
IN WTNESS WH
above named, on
EREOF, this instrument has beApril 2l
en duly executed by the principal and surety
zo22
NAME OF pRlNClpAL: Pulte Horne Conrpany, LLo
AUTHORIZED SIGNATURE(S)
Ti
Gregory S. Rives
Ass i stan t Treas u rer
(rF coRPoRAT|ON, AFFrX SEAL)
NAME OF SURETY: Berkl lnsurancs Com
AUTHORIZED SIGNATURE -Facl
rn -in-Fa lltle
ORPORATION, AFFIX SEAL)
ATTACH NOTARIALACKNOWLEDGMENT OF SIGNATURES OF PRINCIPALAND
ATTORNEY.IN.FACT.
B
197 5
o
ST,,,\L
RA/V
A$t
C5
6.
@ z
r 0 26.20
Jeremy Polk,
ACKNOWLEDGEMENT
Stote of Arizono
County of Moricopo
On LI Z-oz1 before me personolly oppeored leremy Polk whose
identity wos proven to me on the bosis of sotisfoctory evidence to be the person
who he or she cloims to be, ond ocknowledged thot he or she signed the ottoched
document.
(Seol)A A(?
Notary Signoture
Matthew Stanton Erru
Commission Expires Morch gth, 2026
MABICOPA COUNTY
coMMrssloN # 622269
MY C()MMISSION EXPIRES
SIANIMATTH N ERBAEW
NAABIZOABYNOTPUBLIC
MAltcH 09 2026
No, Bl-7991g-el
PO\\ tlR OI: .\ I tOR.\t:\
B!.RKLt l lNSt lt,r\( u( oltP.\\\
\\ tL \ \c to\. l)lll.,\\,\RI1
KNOW ALL MEN BY THI.:Sl.i l'RlisliNl fi. that llljRKI-liY INSlJltANClt C( )MPAN.Y (the 'Comfan\"). a oorporatiou dull
organized and existing urder the laws ofdre State of Delaware, having its principal oflice in Creenwich, CT, has made. co[stiluted
and appointcd. and docs b)' rhcsc prescnts makc. constilute and appoint: leremy R. Polk or Molhei' Erra o! USI lnsuran<.e
Senices, LLC of Phoenlt, AZ its lrue and lawful Anorney-in-Fact. to sign its name as surety only as delineated beloq and to
e\ecule, seal, acknowledge and deliver any and all bonds and underlakirrgs, wilh the exception of Firuncial Guaranty Insurance.
providing lhat no single obligation shall erceed Fifty Million and 00/100 Lr.S. Dollars (tr.S.$50,000,000.00), to lhe same extenr
as if such bonds had been duly executed and acknowledged by thc re8ularly elected ol'ficers oflhc Company at its prirrcipal oliice
in theirown proper persons.
This Power of Attomey shall be conslrued and enforced in accordance with. and governed by. lhe laws of the Slalc of L)elaware.
without giving effect lo the principles of conflicrs of laws thereof. This Power of Alomey is granred pursuanl to the following
resolutions which were duly and validly adopted a a nreeting oflhe Board of Direc(ors ofthc Company held on January 15. l0l0:
RESOLVED. lhat, \rith respecl lo lhe Surely business wrillen by Berkley Surety. the Chairman of the Board, Chief
Executive Ollicer. President or any Vice Presidenl of lhe Conrpany, in conjunction with lhe Secretary or any Assistanr
Secrelary are hcrcby authorized to cxcculc powers of anorncy authorizing and qualifying thc attomcy-in-facl namcd lhcrcin
to execute bonds. undertakings. recognizances. or other surellship obligations on behalfof the Company, and to allix lhe
corporale seal of the Company to powers of attorney executed pursualt her€lo: and said omcers nray renrove any such
attomey-in-facl and revoke any power ofanorney previously gralted: and funher
RESOLVED. thal such power of attomcy limits thc acts of those namcd thercin to the bonds, undcrtakings, recognizanccs.
or olher suretyship obligations specifically named therein. and they have no authorily to bind the Company except in rhe
manner and to the extenl therein stated: and funher
Rf,SOLVED. that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact nanredl and
further
RESOLVED, thai lhe signature ofany aulhorized omcer and the seal ofthe Company may be affixed by facsinrile to any
power of attomey or cenificalion thereof authorizing the execution and delivery of any bond. undenaking, recogrizance, or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though rnanually affixed. The Company may continue to use for lhe purposes herein staled the facsimile signature ofany
person or persons lvho shall have been such oflicer or oflicers of lhe Company. notrvithstanding thc facr that they may have
ceased to be such at the time when such insruments shall be issued.
IN WTINESS WHEREOF, thc Conpany has caused thcsc prcscnts ta .bc sigDld aDd ah.ncd by irs appropriate otEc.rs and its
corporll! scal b?rluDto a6x.d 6is !9!! dsy of 2021
Attrst LEsuraDcc CoDp
By
flcr
Execurivc Vicc Prcsidclr & Scc!.tary e5idcqt
STATE OF CONNECTTCUT )
) ss:
COUNTY OF FAIRNELD )
Swom to bcfor. Dc, a Not ry Public i! thc Statc of CoDDccticfi, rlis _99!L day of , 2021 , by L.a S. L.derEsn
ald Je&cy M. Hiirr who aI! swol! to Dc ro bc tLc Exccutivc vicc Prc Scoctary', and SeEior Vicc Pr.sidcst,
respoclivcly, of Bc*lcy LBsrl.arcc CoIlpaDy, t.^$rl$ffiF
colt\rEcrlqJt$r@uMtilo €xPrE!a,nl'3x). eoca
CERTIrICATE
I, tc oDd6sigDc4 Assistrot So.dltrry of BERKLEY INSURTt\-\ICE COMPANY, DO HEREBY CERTIFY that thc forrgoing is a
Euc, coroct aod coroptct! copy of tb. origilal Po\rycr of AEomcy; dlat said PowcI of Attorn.y h8s lot bccr rcvokod or rcsciDdcd
authorify of rbc Atomey -in-Fact sct forth tberein. who er(ccutcd thc bond or und
By
J
Public, State Co[Dacticul
fu in fi]ll forcc 8fld effoct a! ofthis datc
April
B sl.-\1.
dar Ey haDd aDd scal of tlc Compaly, tbrs 21st 6"t o1
vincc P. Fortc
t(,which this Powcr of
2022
.l;qG\
(gW)
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGTA)
) ss.
couNTY oF coBB)
This record was acknowledged before me on April 21, 2022,
appeared Gregory S. Rives, Assistant Treasurer of Pulte Home
Company, LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand official seal.
1 Q n,,.-,--ly\-.A--..
sg@iurejilNotaryPuotic
I. JESS/CA MASK
Notary Public State of Georgia
My Commission Expires: February 21 , 2026
,{otary
ay comm
T JESS|CA lt^Sl(Putlic - St.te ot Cro.O.Lobb Cou^tyiltlon ExptrB Fcb Zi.2026