Sutter Mitland 01, LLC Faithful Performance TM31822-2 TM5207429MENIFEE
New. Better. Best.
29844 Haun Rd. Menifee CA.92586
(95'll672-6777 I Fax (951) 679-3843
cityofmenifee.us
April 21,2023
Sutter Mitland 01, LLC
Attn: Shaun Bowen
3200 Park Center Drive, STE 1000
Costa Mesa, CA 92526
To whom it may concern,
The City of Menifee's Engineering Department has approved a 90olo release of Faithful Performance Bond No.
TM52O7 429 for TM37a22-2.
10% ofthe Faithful Perfomance Bond will be retained as a Warranty Bond forTM31822-2 for 12 months from
the date of notice of completion/acceptance of improvements.
Material and Labor Bond No. TM5207 429 may be released effective lune 1,2023.
Survey Monument Bond No.30027003 will be released in full immediately.
Belowyou will find the schedule ofrelease for Bonds No.: TM5207429 & 30027003
* Pending final Engineering Department approval.
Enclosed are copies ofthe Faithful Performance & Materials Bond, original Survey Monument Bond and executed
agreement.
S inc rely,
uilarn
Ma ent Analyst, City Clerk's Office
rM5207429
(Faithful Performance Bond)s2,937,s00
TM5207429
(Material & Labor Bond)S1,458,7s0
30027003
(Survey Monument Bond)577 ,760
N/ASo
N/ASo
Tentative
Release Date
3/1.124
10% Warranty
Bond being held
s293,750
Bob Karwin
lYtayor Pro Tem
Drstict 1
Ricky Estrada
Councrlmember
Drstfict 2
Bill Zimmerman
Mayor
Lesa A. Sobek
Counqlmember
Drstrict 3
Dean Deines
Councilmember
Drstnct 4
Armando G. Villa
CrtY M.lnclger
RE: Sutter Mitland 01, LLC , TM31822-2,Bond Release, Bond No.TM5207 429 & 30027003
51,468,7s0 6/L/23*
577 ,760 4/21/23
Bond No.Released
Amount
52,643,7sO
Release
Date
4/2u23
Original Bond
Amount
MENIFEE 29844 Haun Road Menifee. CA 92586
951672-6777 | Fax 951'679-3843
New. Better. Best.ciVofmenifee.us
March 3, 2023
Kay Vinson
Acting City Clerk
City of Menifee
RE: Council Approved Security Release for Tract Map 31822-2
Dear Kay,
On March 1 ,2023,l.he City of Menifee City Council accepted the public improvements from Sutter
Mitland 01, LLC for streets/drainage, water, recycled water, sewer and survey monuments, and
authorized the release of posted securities for Tract Map (TM) 31822-2.
10% of the Faithful Performance bond amount is to be retained as a Warranty Bond for TM 31822-
2 for 12 months from the date of notice of completion/acceptance of improvements.
Material and Labor Bond(s) may be released effective June 1,2O23.The Survey Monument Bond
may be released in full immediately. All original bond information for Tract Map 31822-2 is
provided below"
Table I - Original Posted Security lmprovements
Security Faithful
Performance
Material and
Labor
lmprovement
Streets/Drainage
Water System
Recycled Water System
Sewer System
Total
TM5207429
TM5207429
TM5207429
rM5207429
$ 2,141 ,000$ 412,000$ 16,000$ 368,500
$ 2,937,500
$ 1,070,500
$ 206,000$ 8,ooo$ 184,250
$ 1,468,750
Table 2 -Su Monuments Bond
Survey Monuments
Total
$ 77,760$ 77,760
Please mail bond release information to:
Sutter Mitland 01 LLC
Attn: Shaun Bowen
3200 Park Center Drive, STE 1000
Costa Mesa, CA 92626
Please email bond release information to:
kiensen@citvofmenifee.us
crobinson@ citvofmenifee. us
shaun. bowen@ brookf ieldorooertiesdevelopment.com
lf you have any questions, please contact Kris Jensen.
Sincefielv, 4 r'
o*,ff"!d.r.r.
City Engineer
lmprovement Security No.Monument Bond
30027003
A\ry$xd 3 I Z3
CITY OF MENIFEE
SUBJECT:
MEETING DATE:
TO:
PREPARED BY:
REVIEWED BY:
APPROVED BY:
Acceptance of Public lmprovements and Release of Security
for Tract Map 31822-2, Audie Murphy Ranch, by Sutter
Mitland 01, LLC
March 1,2023
Mayor and City Council
Andrew Walle, Assistant Engineer
Nick Fidler, Public Works Director
Armando G. Villa, City Manager
1
RECOMMENDED ACTION
Accept the public improvements for streets, drainage, water, recycled water, sewer and survey
monuments for Tract Map 31822-2, Audie Murphy Ranch, located on the northeast side of
Audie Murphy Road North and southeast of Whispering Way; and
2. Authorize the City Engineer to release the posted securities per the City's Standard Policies.
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (AMR) Tract 31822-2, a
subdivision of 41.32 gross acres into 91 lots for residential purposes. The tract is located on the
northeast side of Audie Murphy Road North and southeast of Whispering Way, as depicted in the
attached project map. As part of the development requirements, Sutter Mitland 01, LLC,
constructed streets, drainage, water, recycled water and sewer system improvements and
installed survey monuments.
Sutter Mitland 01, LLC has now completed construction of these facilities and is requesting
acceptance of the completed improvements into the City's maintenance system. Staff has
inspected the completed improvements, determined that the improvements have been
constructed in accordance with City specifications and standards, and verified that all project
conditions of approval have been met to release the performance security and labor and materials
security in accordance with City policy. A 10% wananty security would be held for a period of one
year in accordance with the City Municipal Code. The original posted security improvements are
listed in Table 1 and Table 2 on the following page.
MENIFEE
\#
DrscussroN
City of Menifee Staff Report
Public lmprovements Audie Murphy Ranch - North
March 1,2023
Page2ot2
Table 1 - Original Posted Securigr lmproyements
lmprovement Socudty No.
Performance / matedal
Falthtul
Performance
f,aterlal and
Labor
Streets/Drainage
Water System
Recycled Water System
Sewer System
Total
Table 1 - Ori inal Posted
Survey Monuments
Monument I rovements
30027003
TM5207429
TM5207429
TM5207429
TM5207429
$ 2,141,000$ 412,ooo$ 16,000$ 368,500
$ 2,937,500
$'1,070,500$ 206,000$ 8,ooo$ 184,250
$ 1,468,750
$ 77,760
$ 77,760Total
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all
necessary fees and deposits to cover the costs of the required inspection of the completed
improvements. Ongoing maintenance costs for the improvements will be supported through
approved Fiscal Year 202212023 operating budgets in Community Facilities District (CFD) 2012-
1.
1. Project Map
2. Agreement - Streets and Drainage
3. Agreement - Water System
4. Agreement - Recycled Water System
5. Agreement - Sewer System
6. Bond - lmprovements
7. Agreement - Monuments
8. Bond - Monuments
lmprovement Securlty No.llonument Bond
ATTACHMENTS
I
IEIIE
FOR: Streets / Drainage
Water System
Rec. Water System
Sewer System
Total
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
$2 141 000.00 Tract Map 31822-2
$___309t98-Q0_
$ 2,937,500.00
Premium $16,744.
Surety The Guarantee Company of North America USA
Address One Town Square, Suite 1470
Su rMi land L
3200 Park Center Dr Suite 1000
Principal
Address
City/State Southfield, Ml City/State Costa Mesa, CA
Zip code 48076 zip 92626
Phone Phone (714') 2OO-1533
WHEREAS, 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 _
TM 31822-2 , which agreement(s) is/are hereby referred to and made a part hereof; and,
NOW THEREFORE, we the principal and The Guarantee Company of North America USA, as
surety, are held and firmly bound unto the City of Menifee in the penal sum Two Million Nine
Hundred Thirty-Seven Thousand Five Hundred-------00/100 $2.937.500.00 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; otherwise, 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 successfully enforcing such obligation, all to be taxed as costs and included in any
judgment rendered.
9/81t5
$_112P00.0q_ other Proj. Ref._$ 16,000.00 Bond No. TM5207429
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the
faithful performance of said agreement(s);
ENIF
The surety hereby stipulates and agrees that no change, extension of lime, 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, eltension of time, alteration or addition. Surety further stipulates and agrees that the provisions
of Section 2845 ofthe 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 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 agreements(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above
named, on December 11th, 2017
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Dave Bartleft
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Guarantee Company of North America USA
AUTHORIZED SIGNATURE:'.(#; hrL","__
Katie-Cbaison,Aftoin-ey-in-Fact Title
(rF coRPoRATlON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY{N.
FACT.
o/tc
9/8^5
FAITHFUL PERFORMANCE BOND
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the documelt to
which this certificate is attached, and not the
truthfiiness, accuracy, or validity of that
document-
STATE OF CALIFORNIA
COTINTY OF CTU^^C-I
On -Drre-rnEr<- lt . zotz, before me,\cvE&vt
_, Notary Public, personally appeared
who proved to me on the basis ofsatisfactory evidence to be the person(slwhose name(+)
is/e+e subscribed to the widrin instrument and acknowledged to me that he/sheAhey/executed the same in
hiVhe#tbeir authorized capacity(ies) and that by hiVhe#thek signature(s) on the instmment the person(s)
or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifr under PENAIry OF PERJIIRY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
IJtEAGAN KNECHT
cor"rM. #2117799 mooulNotrry Prblic-Calibmia
OPNNGE COUNTY
)
)
)
ss.
Notary Public
C6run.JUIIE mi9
ENIFE
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $070 500.00
Water System $ 206 000.00
Rec. Water System $ 8.000.00
Sewer System $ 184,250.00Total $ 00
1 Parcel Map 31822-2
Other Proj. Ref.
Bond No TM5207429
Premium $ 8,372.00
City/State Southfield MI City/State Costa Mesa. CA
zip 92626
Phone Phone (714) 200-1533
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 0'1. 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 TR 31822-2 , which agreement(s) is/are hereby referred to and made
a part hereof; and,
WHEREAS, under the terms of said agreement, 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 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California;
NOW, THEREFORE, said principal and The Guarantee Company of North America USA, the
undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors,
subcontractors, laborers, material persons and other persons employed in the performance of
said Civil Code In the sum of OneUillion Four Hundred Sixty-Eight Thousand Seven
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any
and all persons, companies and corporations entitles to full claims under Title 15 (commencing
with Section 3082) of Parl4 ot Division 3 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.
9t8/rs
Surety The Guarantee Company of North America USA Principal Sutter Mitland 01, LLC
Address One Town Square, Suite 1470 Address 3200 Park Center Dr.. Suite 1000
Zip code 48076
Hundred Fiftv $1.468.750.00 for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment lnsurance Act with respect to such work or labol 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of this agreement 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 December 11rh,2017
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Dave artlett
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Guarantee Company of North America USA
AUTHORIZED SIGNATURE:
Katie oa son, Attorney -in-Fact Tltle
(tF coRPoRATtON, AFF|X SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.
FACT.
9/8115
(tlu; /n<r^*"fir
A notary public or other officer completing
this certificate verified 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
COTINTY OF
on Deco-.rntx.r \t 2017, before me,t/\,.x\ Vt/\zLl*
, Notary Public, personally appeared
_, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me tiat he/s{r#tlag/executed the same in
his/herltlpir authorized capacity(ies) and that by his/be#their signaore(s) on the instrument the person@,
or the entity upon behalf of which the person$acted, executed the instrument.
I certifr under PENALTY OF PERJIJRY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official sea[.
)
)
o,
UJ
mg Notary
Comm.JU|IE 2ri9
IJIEAGAN KNECHT
cor"N. #2117799
Notrry Pluilcalibrnia
OPANGE COUNTY
SUBDIVISION MONUMENT BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66496)
Tract Map No.31822-2
Bond No.30027003
Surety Premium $ 443.00
Surety Continental Casualtv lnsurance
Address 333 South Wabash Avenue
Principal
Address
Sutter Mitland 01 LLC
3200 Park Center Dr., Suite 1 000
City/State Chicaoo. lL City/State Costa Mesa. CA
Zip code 60604 zip 92626
Phone Phone (,714l2OO-1533
That,Sutter Mitland 01 LLC , subdivider, as principal, and Continental Casualtv lnsurance,
a corporation, as surety, are hereby jointly and severally bound to pay to the City of Menifee
the sum of Seventy-Seven Thousand Seven Hundred Sixtv $ 77,760.00 .
The condition of this obligation is that, whereas the subdivider, as a condition of the filing of
the final map of Tracl31822-2 entered into an agreement with the City of Menifee to set
Survey Monuments and Tie Points in said tract and furnish Tie Notes therefore and to pay the
engineer or surveyor performing the work, in full, within 30 days after completion.
NOW, THEREFORE, if the subdivider shall well and truly perform said agreement during the
original tern thereof, or of any extension of said term that may be granted by the City of
Menifee, with or without notice to the surety, then this obligation shall become null and void;
otherwise, 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 successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
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 thereunder 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 of 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 December 11th,2017.
NAME OF PRINCIPAL: Sutter Mitland 01 LLC
SUBDIVISTON MONUMENT BONO
AUTHORTZED STGNATURE(S):
By:
ame:Dave Bartlett
Title: Vice President
(rF coRPoRAT|ON, AFFTX SEAL)
NAME OF SURETY:Continen I Cas nce
AUTHORIZED SIGNATURE:
Roxanne Villa, A n-Fact Title
(rF coRPoRAT|ON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
,{-t-
lrt
A notary public or other officer completing
this certificate verified 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 CALIFORNI.A
couNTY oF cr.urrr4{.
m6 Notary Pu tc
)
)
)\)
On -\eu,,mW,r \fl .20l 7, before me,
_, Notary Public, personally appeared
, who proved to me on the basis ofsatisfactory evidence to be the person(slwhose name(s|
is/are subscribed to the within instrument and acknowledged to me that he/*e4hey/executed the same in
his,trorlthsir authorized capacity(ies)-and that by his/he#their signature(.slon the instrument the person(s)
or the entity upon behalf of which the person@) acted, executed the instrument.
I certi! under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
oul
MEAGAN KNECHT
colrM. #2117799
Not!ry PuulcC.tttornb
ORANGE COUTIY
Comm.JUflE ?9, 2019
SS.
WITNESS my hand and official seal.
POWER OF ATTOR\EY .APPOINTING IN'DI!'IDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casuaity Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, al Illinois insurance company, and American Casualty Company ofReading, Pennsylvani4 a Pennsylvania insurance company (hercin called"the CNA Companies"), arc duly organized and exising insuraace compaoies having &eir principal offices in the City of Chic€o, and State oflllinoiq
and that thcy do by viitue ofthe signatwes and seals herein affuied hereby malig constitute and appoint
Cheryl Holmes, Janice Takeuchi, Margaret weglicka, Anne Marie Sheehan, Steve Hogan, Courtney Lim, Jake Schuett,
Latasha Rouse, Roxanne Villa, Taiasha Cunningham, Individually
ofToronto, ON, rheir true ard lalvful Adomey(s)-in-Fact wilh full power and authority hcreby conferred to sign, seal and execute for and on thcir behalf
bonds, undenakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same exlent as if such urstrurne!'-s we.e signed by a duly aurlorizcd oficer oftheir insuralce companies and
all the acts ofsaid Anomey, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority ofthe By-Law and Resolutions, prilted on the rcverse hereoi duly
adopted, as indicared, by the Boards ofDirectors ofthe insu.ance companies-
Jn witness whereof, the CNA Companies have caused these presents !o bg signcd b), tleir Vicc Presideat ald rlcii co?oiare seals io ba hcrcto
a-ffixed on this l5th day ofJuly, 2016.
Conrinenai Casuairy Company
Nanonal Fte hsura:rce Comoany of Hanford
American Company of Pennsylvania
Paul T, Bruflat Vice President
Stats of Sou*.h DaLot4 Counry ofN'linnchaha, ss:
On this 15th day ofJuly, 2016, before me peBonally came Paul T. Bruflal to me known, who, being by me duly swom, did depose and say: that he
resides in rhe Cit_v ofsioux Fails, State ofsouth Dakota: that he is a Vice President ofcontiirenta.l Casualry Company, an Illinois iosu]ance comDany-
Natiooai Fire lnsurance CompaDy ofHardord, an Illinois insurance company, and Amcrican Casualty Company ofReading. Pennsylvania- a
Pennsylvaaia insu;a.nce company described Lr ard which execEted the above insEument; that he knows the seals ofsaid insuGncc companies; t\ai ihe
seals ailixed to rhe said hstr,.rment are such ccipor3le seals: tha: they 'vere so elhxed pursuait tc ar'.hcriry given by tle Boaids cfDir.cio.s cfsaid
insurance companies and that he signed his name rhereto pursuant to iike authority, and acknolvledges same to be the act and deed ofsaid insurance
companies.
@|
My Commission ExpLes June 23, 2021 J. Mohr Notary Public
CERTIFICATE
I, D. Bult, Assistant Secrerar_v ofContinental Casualry Company, aa Illinois insurance company, National Fire lnsurance Company ofHartford, an
Illinois insurance compa-ny, and American Casualty Compary ofReading Pennsylvani4 a Pennsylvania insumnce company do hereby certiry that the
Power of Attomey herein above set forth is still in force, ard further ccftiry that the By-Law and Resolution oftle BoaJd ofDirectors oftle insularce
companies priilied oa the ae i is siiil in bscribed my na:ne aad affixed the seal ofthe saidiesilmwhereof I haveIl'+|f*'insunnce companies this
Continental Casualry Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, PemsylvaniaO
${,08?cP{aa,
]ULY
'I.t3aSEAL
z.
SEAL
1A91
z \$0120&aO
,]UTY
'I.l3ci
t
Forrn F685 i-4l2012
day of
D. Bult Assistant Secretary
ADOP.I lrD LIY 1'l IE t]OARD OIj I)IRLC fORS OF CONI INEN IAL CASUALTY CoillPAN Y
lhis Po\rcr o[Arromcy is madc and executcd puNuant to and by authority o[the follorving resolution duly adopted by the Board of Dirccto$ ofthc
Company at a meeting hcld on N4ay 12, l9r5:
'_RESOLVED:'lhatanyScnioror6oupVicePrcsidcntmayauthorizcanofliccrtosig!specificdocuments.agreementsandinsfumenlsonbehall ol'
thc Company provided that the name ofsuch authorircd ollicer and a dcscription olthe documents. agrecments or instruments lhat such olficer may sisn
rvill be providcd in rvriting by thc Scnior or Croup Vice Preiident to thc Sccretary ofthc Company prior to such cxccution becoming cffcctivc."
This Po$e. ol Attomcy is signcd by Paul t. Brullal, Vice Presidcnt. lvho has bccn aufiorized puntuant to thc above resolution to cxccLrtc porvcr el-
ctlomcls on bchslIol'( onLrnunlJI Cir)urll) Company.
This Po\ler of n lomcy is signcd and scaled by facsimilc undcr and b-v thc authority of the following Resolution adopted bf thc Board of Dircctors o[ thc
Company b,'- unanimous llrittcn coLsent dalcd the 2id day oln pril. 2012:
''Whcreas. thc hyl!\\s ol thc Compmy or specilic rcsolution of thc lloard of Dircclonj has aulhorirsd various olllccri (the -n urhorircd Ollicers") to
cxscutc various policics. bonds. undctukinSs and othcr obligatory instn-rmcn[s of lilic naturc: and
Wherea\- [rom tinN to rimc. thc sig:nalure of lhe Authorized Omccni. in addition ro bcing provided in original. hard copy lbrmat. may bL prcvidcd via
Ihcsimilc or othcnvisc in an cluctronic format (collcctively, _Eleclronic Signatures_)i Nolv therclbre be it rcsolvcd: that thc Electronic Signaturc ofrny
Aulhorizcd Olficcr shall bc valid tlnd binding on lhe Company."
AOOTTHI) I]Y THFJ I]oAI(I) OF IJIIiIiCIORS OI NA TIONAT- f IRE INSTIRN NCE CON,IPANY OF IIARI'FORT)
'fhis PoNcr of n tmme]., is madr and crecutcd puniuant to and by authorily of thc follolving rosolution duly adopted by lhe Board of t)ircck)rs ol thc
Compan! by unan irnous $ rittcn conscn t di{cd May I 0. I 995 :
"RESOLVED: 'l'hat any Scnior or Croup Vice Presidcnt may authorize an ofticcr lo sign spccilic documents, agrcemenls and instrumcnts on bchall ol-
thc Compan,! providc(l that the nameofsuch authorized o{ricer and a description ofthe doclrmcnLs, aseements or inst umen6 $at such omccr mily sign
rvill be providcd in rwitiog by the Senior or Croup Vice President to the Sccrctaq ofthe Company prior to such cxcculion becoming effcctivc-"
lhis Power o[ A[omey is signed b]' Paul T. Brufiat. Vic€ Prr:sident. who has b(*n authorizcd pursuant to thc abovc rcsolution to e]iccute powcr of
attomc) s on behal f of National fire I llsumncc Company of Hartford.
lhis Power of Anomc]- is signcd anrl s!.lcd by facsimilc under and b, thc aurhorit] ol'the follo\ring Rcsolution adoptcd by rhc Board o[ Dirccloni ol rhc
Company bl unanimous writt.n conscnt &tcd thc 2i'h day ot April. 2012:
*whcrcas. the bylarys of thc Compan)- or specific rcsolution of thc Board of Dircctoni has authorized various ollicers (the "AuthoriT-ed Olficcrs") ro
executc various policics- boods. undenakings and othcr obligatory insrumenb oflikc naturc; and
Whcrcas. irom time to time. thc signalure o[the Authorized Officcni. in addition to being providcd in original, hard copy forma! may be providcd via
lhcsinrile or othcnvisr in an clectronic format (colledively, "Eleclronic Sigratures"): Now ticrcforc be it resolved: that the Electronic Signalure of any
Authorized Olficer shall be valid and binding on the Compmy. '
ADoTJI I]I) I]Y IHI.] I}o,\Ki) OIJ DIR[CI{)RS OIJ AI\'II]RICAN CASUAL [\' CO}IPANY OI ITIJAI]ING. I'I:NNSYLV,\NI.\
lhisPoscrotAttomcfismadeandr\ecutcdpursuant!oundhyauthorit)olthcfbllorvingrcsolutiond y adoptcd by thc Board ol-Dircctors ol lhc
Cortrpury by unanimous lvrittcn conscntdalcd May 10. 1995:
_'RESOI,VED: That any Senior or Croup Vice Prcsident may aulhorize an omccr to sisn spccific documcnts. agrcements and instrumcnts on bchalt'ot-
lhc Company providcd that thc namcol'such authorizrd officcr and ! dcscription of thc documents. agrcements or instruments that such olficcr muv sign
r!ill be providtd in tvril;ng by the Scnior or Croup Vicc Presidenl to the Secretary ol the Company prior to such cxccution bccoming ctTcctivc.-'
_l}is Potvc. ol Atrcmcy is signed by Paul T. llrutl0t. Vice Pftisident. who has bccn authorized punjuant !o thc above rcsolution to c\ccute polvcr ot'
atlomct,,s on bchalfofArncricim Casually Cornpany oI Reading, Pcnnsylvania.
'fhis Po$cr of Atlomcy is signed and scaled by fac;imilc under and by lhe authority of tlc follorving Rcsolution adopred b.v rhc Board ol Dirccrors o[ thc
Company by unanimous lvrittcn coosent dotcd thc 25th day ofApril, 2012:
''Whercas, the bvlaus ol drc Compuly or specilic resolution of the Board of Dirccton has authorized various ol'licers (the _Authorized Officcrs') fo
cxccutc various policics. bonds. undrrtakingJ and other obligatorv instrumen$ oflikc naure: and
Whcreiu. lrom timc to lime, tle signature ofthe Authorized Olticeri. in addition Io being provided in original. hard copy format. may be providcrl via
lacsimile or oticrwise in an cLectronic fonnat (collectively, -F.lcclronic Signatures"): Now therefbre be it resolved: that the Electronic Signatitre ofany
Authorized Ol'ficcr shall be valid and bindingon the Company."
Authorizing Ii1-Ltn s and ltcsolutions
IHt
GUARANTEE'
SURETY RIDER NO. 1
To be attached to and form a part of
BOND NO.TM5ZO7429
Type of Bond:Performance & Material and Labor Bond
Date Effective:December uth, 2017
Executed by:Sutter Mitland 01, LLC, as Principal,
and by:The Guarantee Company of North America USA, as Surety, in favor of
the City of Menifee (Obligee) in consideration of the mutual agreements herein contained the Principal
and the Surety hereby consent to changing the bond amount:
FROM:$2,937,5{D.00 (Performance)
S1,468,750.q) (tabor & Material)
TO:$73dfl)O.00 (Performance)
5357,000.00 (tabor & Material)
Nothing herein contained shall vary, alter or extend any provision of condition of this bond except as
herein expressly stated.
This rider is effective: October 1oth, 2019
Signed and Sealed: October 18th,2019
Sutter Mitland 01, ILC
/€By:
(Principal)
The Guarantee Company of North America UsA
Debra Watterson, atrorney in Fact
One Towne Square, Suile l4T0, Southfield, Michigan, USA4S0T6 l ret: 248 -281-0281 1 .866.328.0567 1 Fax:248.750.0431
By:
@ 2017 The Guarantee Company of Norlh America. The Guaranlee is a lrademark of The Guarantee Company of North Amenca. All rights resarved
Excellence. Expertrse. Expe.rence .. Every trme I tn"g"ur"n,u"rr."orr,
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE O}' CALIFORNIA
ss.
COUNTY 0F Oranse
I certifo under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
DaNr€LLE
^roNtQUE
n05s
Notary Public - California
0.an!e County
Commission # 2254681
l,{y Comm. Etpires Ajg 17, 2022
Tn"<a
Notarv Public
Notary Public,
personally who
proved to rne on the basis of satisfactory evidence to subscribcd to
the within instrument and to me that same
authorized capacity!)$ and that inslrument
upon
)
)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certilicate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of
County of
Michigan
Oakla )
On 10t18t2019 before me, Lora o'Brieri
(inse( name and title of the office0
personally appeared Debra Watterson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to lhe within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on lhe instrumenl 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 iaws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and ofricial seal.
d/l*Signalure ltA (Seal)
Lora O'Brien
lote O'Brlon
Notary Publlc, SUt. ol Mlchlgan
County ol Oakland
My Commlsslon Explres Aprll 21, 2024
Acting in Oakland County
UARANTEE
IIa
G
The Guarantee Company of North America USA
Southfield, Michigan
POWER OF ATTORNEY
l{OW ALL BY THESE PRESENTS: That THE GUARANTEE COIIIPANY OF NORTH AIIIERICA USA. a corporataon organized and existing under the
laws of the Stale of [richigan, having ils principal office in Southfield, [richigan, does hereby conslilute and appoint
Oebra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jetfrey Jubera,
Katie Coalson, Edward Devries, Dwight Teter, Casey M. Strohauer, Montina Cenanc€, Olga Tasselmyer
The Guarantee Company of North America tJSA
its true and laMul atlorney(s)-in-facl to execute, sealand deliver for and on its behalf as surety, any and all bonds and undertakings, contracls ofindemnity
and otherwritings obligatory in the nature thereol v/hich are or may be allowed, required or permitted by law, slatute, rule, regulation. contracl or otheMise.
The execulion of such instrument(s) in pursuanc€ of lhese presents, shall be as binding upon TH E GUARANTEE COITIPANY OF NORTH At ERICA USA
as fully and amply, lo all intents and purposes, as if the same had been duly executed and acknow,iedged by its regularly elected oficers at the principal
ofrlce.
1. To appoint Attorney(s)-in-fact. and to aulhorize lhem to execute on behalf of the Company, and atlach the Seal of the Company therelo, bonds and
underlakings, conlracts ot indemnity and olher writings obligatory in the nalure thereofi and2 To revoke, at any time, any such Allorney-in-fact and revoke the authority given, except as provided below3. ln connection wilh obligations in favor of lhe Florida Deparlment of lranspodation only, it is ag.eed that the polver and authority hereby given to the
Atlorney-in-Fact includes any and allconsentslor lhe release ofrelained percentages and/or llnaleslimales on engineering and construclion contracts
required by lhe State of Florida Department of Transportation. lt is fully understood lhat consenting to the State of Florida Department of Transportation
making payment ofthe final estimale lo lhe Conlractor and/or its assignee, shall nol relieve this surety company of any of its obligations under its bond.4. ln connection wilh obligalions in favor of the Kentucky Department of Hiqhways only, it is agreed lhat the po$€r and authorily hereby given to the
Atloaney-in,Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department
of Highways of the Common'/veallh of Kenlucky at least thirty (30) days prior to the modifcation or rcvocalion.
Furlher, this Power of Attorney is signed and sealed by faqsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6ih day of December 201'1, ofwhich the following is a true excerpl:
RESOLVED thal lhe signalure of any aulhorized olficer and the seal of the Company may be aflixed by facsimile to any Po\,/er of A$omey or certificalion
thereof authorizing the execulion and delivery of any bond, underlaking, conlracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
STATE OF MICHIGAN
County ol Oakland
Slephen C. Ruschak, P,osident & Chief Operating Officer Randall Musselman, Secretary
The PovJer of Altorney is executed and may be certified so, and may be revoked, pursuant to and by aulhonty of Article lX, Section 9.03 of lhe By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH A ERICA USA al a meeting held on the 31'r day of December, 2003.
The Presidenl. or any Vice President, acling with any Secretary or Assistant Secretary, shall have power and aulhority:
lN WITNESS WHEREOF, I have hereunto sel my hand al The Guarantee
Company of Nodh America USA offices lhe day and year above witten.
A^-a,--, O 7-a24<-
I, Randall Mussetman, Secretary of THE GUARANTEE COIIIPANY OF NORTH AITIERICA USA, do hereby certiry that the above and foregoing is a true
and correct copy of a Pou/er of Anorney executed by TXE GUARANTEE COttiPA Y OF NORTH AI'ERICA USA. which is slill in full force and efiecl
lN WITNESS WHEREOF, I have lhereunlo sel my hand and anached lhe seal of said company this I 8th day of October , 201 9
Cynthia A. Takai
Nolary Public, State of Michigan
County of Oakland
My Com,nission Expires Februory 27, 2024
Actlng in ooklond County
Randall MusSelman, S€crqtary
tN WTTNESS WHEREOF, THE GUARANTEE COMPANY OF ORTH Af,ERICA USA has caused this instrurnent lo be signed and
its corporate seal to be atfixed by its authorized offcer, this 1st day of March, 2018.
THE GUARANTEE COII,PANY OF NORTH AMERICA USA,j#,,'/r-it- fu@
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorazed ofUcer of The Guarantee Company of North America USA; thal the seal affixed to said
inslrument is the Corporate Seal of said Company: that the Corporate Seal and each signalure were duly afiixed by order of the Board of Directors ofsaid
Company.
tu
TIIE GUARANTEE COMPAJTY OF NORTE AMENCA USA
Home Offne, Southfeld Mtchtgu
STATUTORY BAI.4NCE SEEET
December 31, 2018
ASSETS
Cash and Short-Term Invcstnetrts
Marketable Securities
Prcmium aod Age4s Balances (under 90 days)
Reinsurance Receivablo on paid loses
Accrued htorest and Dividsnds
Not Defercd Tax Asset
Other Assets
Total Admitted Assets
LIABILITTES
Reserve for Losses and loss Adjustorent Exponses
Uncarucd Premiun Raservo
Accrued Expeuses
Cedcd Rcinsruarcc Preoriums Payable
Taxes, Licenses and Fees Payable
Fedcral Incomc Tax Payable
Funds Held
Other Liabilities
Total Liabilities
CAPITAL AND SI]RPLUS
Common Stock and Paid-In Capital
Surplus
Total Policyboldcrs' Surplus
Total Liabilities. Capital and Surplus
Dccernber 20 I 8.
S'r"oEl to bcforr Dc this l9th dsy ofMirch 2019.
St$c of Michi8r!
Couity of Oakl&d
Stepbcn C. RusdELbcilg duly rworor syE: Ttlrt [. i5 0lc Pnsidct[ & COO ofTh. G!8&t!. CoEPtDy ofNod
A$.ric8 USy'$ lld sard coEpany is r corporrdion duly orglDiz.4 cxisti!& lnd .ogr8..d i! busir6!5 rs 8 sNltlty by
virtuc ofthc lrws ofthc Statc of Micligr\ ad h!! &ly conplicd with t[ thc r.quirqn ott of6e hu! ofd rEb
applicabla to ssid cor@rny snd is duty qtdificd to lct 6 surcty und.. such huq lhd ssid oorEtry t8 .l$ eq9licd
viiih and is duly qualidcd to sct as surd uEde! tbc A.l ofclDgrcss of July 30, 1947, .s lracu&d (6 U,S.C 6ll} ftr
tlc fortgohg ii a tult, tuc &d corrcd rtn.rndf ofthc inlncirl cordition oflrid c!!!P.!y or lrtc 3lt dry of
$ 88,508,407
isr,t57,941
5,N7,524
529,&
8r2A3s
1,637,%3
r.i952?5
$249,549,18r
t 9,071,422
22,744950
4,?t0,Ezs
t,207,%0
374,6E
296,4r3
9,869,E32
L-8'&.n9
$ 49.625.979
$144,020970
55.901,32
s199.v222V2
$249,549,181
,i t- ,j'f;'-L/t - L/,L 3- r1- /;t1.,.1<-
"oFo cynrhta A-Tskai
NGry Publlq Slsle of MIhlgEn
County of Otkland
My Comml!3lo7t Erdnr F.boary 27.2021
Actlng ln Oakland County
C.Prasidld! & C@
I