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Watt Communities at Mosaic, LLC Material and Labor Bond TM28206 K09312365MEN I FEE MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) Water System $ 202.500.00 Sewer System $151 500.00 Total $ 982 250 00 S u rety Westchesler Fire lnsurance Company AddfeSS 555 s Flower Sl.. 3rd Floor Tract Map 28206 Bond No. K09312365 PfgmiUm Llrcluded in Performance Bond Addfess 2716 ocean Park Btvd Ste. 2025 City/State Los Anqeles, CA City/State Santa Monrca, CA Zip 90071 zip 90405 PhOne (213) 6i2 5502 Phone (sro) ar+-zsr r WHEREAS, the City of Menifee, State of California, anOlS}i#l'lllllffi!ffi, (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 28206 , 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 undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subconlractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of Nine Hundred Eiqhtv Two Thousand Two Hundred Fifty and no/l00 , Dollars,982 250.00 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 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 entitles to full claims under Title '15 (commencing with Section 3082) of Part 4 of 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; othenarise, it shall be and remain in full force and effect. 9/8/t5 EXECUTED IN TRIPLICATE FOR: Streets and Drainage $_028254.0Q_ PfinCipaI !4ll!9!!qlE!@!9! rcLLc acanornEL,nr 6d L ab, 1ry compa.y MATERIAL AND LABOR BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 6 NAME OF PRINCIPAL: Watl communities @ Mosaic LLc, a califomia Limited Liabitily Company AUTHORTZED STGNATURE(S) By uultL.E "(rJ{rJT (lF coRPoRAT|ON, AFFIX SEAL) NAME OF SURETY: westchester Fire lnsura Com AUTHORIZED SIGNATURE Its A rney-ln-Fatt Kari Davis Title (rF coRPoRATrON, AFFrX SEAt.) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL ANB ATTORNEY-IN-FACT. Name14,$E riile:V, aE 9/8/ t5 2017 CALIFORI{IA ALL-PURPOSE ACK OWLEDG E]'IT CIVIL CODE S 1189 A notary public or other officer completing this certilicate 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 County of zs On Date personally appeared vK t.r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(9)/whose name(pfislye' subscribed to the within instrument and acknowledged-to me that hel#lIryexecuted the same in his/tr€trfthiirauthorized capacity{.ieSli and that by his/trrltbeif6ignature$f-on the instrument the person(ef or the entity upon behalf of which the persorybfacted, executed the instrument. I cedify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 8A WITNESS my hand a official t 2101721iohry puoltc C. rorrhLol Aa0.Lt ture of Notary Public Place Notary Seal Above OPTIONAL Though this sectlon ls optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date:Number of Pages: Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name: fl Corporate Officer - Title(s):[ ] Corporate Officer - Title(s): Or}berore me. Snl^dl -ta\4^Ara H0\\y ra i U.rYav!4 ?uk-l rc ,' Here lnsert Name and Title of the Officer tr Partner - tr Limited I General Ll lndividual E Attorney in Fact n Trustee E Guardian or Conservator nPartner - tr Limited tr General n lndividual E Attorney in Fact E Trustee I-l Guardian or Conservator tr Other:tr Other: Signer ls Representing:Signer ls Representing: @20.16 National Notary Association . www.NationalNotary.org . 1-800-US NOTAHY (1-800-876-6827) ltem #5907 \ ) ) Signature CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIVIL CODE S1189 A notary public or other officer 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 Cou nty of Los Angeles on JUN 06 20t7 before me, B. Wong, Notarv Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a+e-s u bsc ribed to the 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/thei+signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph-is true and correct. Signatu r ong, Not u blic @.Inml r,,,,,?i,ToJEo,u,,, I1 ;lflffitl Notarv Public - calilornia ?.i'Isw *, .,;.;.^J:,:::: 8:il'i,,,, i. _.--T!ErFiTSFFEIF TFFIEE,<A Kari Davis who WITNESS my hand and official seal. (seal) Power of Attorney WESTCHESTER FIRE INSURANCE COMPANY Know rlt m.n by thcse prcs.[ts: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation ofthe Commonwealth ofPennsylvania pursuant to the Iollowing Resolution, adopted by th€ Board ofDircctors ollhe said Company on D€ccmbcr ! 1,2006, to wit: al6rd inio $c odiD.ry @M. of buind ({h . -wnnd Comnndl"): Each oa rh. Ch&lfu, tn. Pr6ide Md fi. Vic. PEsidcnts ofrh. Compoy I h.r.by lu6onad ro d<ur.ey Wnfio Comrldol fo, mdon bch.lfof h. Compey, udcr lh. ssl of$?CompMyo.(r) 12) (3) (4) 0) E!.tt duly.prorr.d soo lyrn-faC of$. Corrsy i. h@by Nrhonzd b.x4ut ey Wnnh Cffiilnol,.r sd d b.i.ltof l,$ Cmpex udd lt. t.d of 6. ConpDy o. obMs, !otlD.xr.d 6.r suh &rid r irfionrd by 60 Stur of lo*E pbvid.d fd in rmh p.M. wirkd .ppohnn.ir B !&l' .ioeyin-fd . luu powr Dd ru$on, lo ded., lor ed on b.hrlf oa rho Compxy, ud.r lh. sl of $. Compuy or olh.Nie, rch writi.n CoMitrdL ol $. Clmpsy a My b. lpdifi.d in lud wil6 rppoir&s! *hich .p*ific.non mry b. by so..d rr". or olB ot Wnto Comnnnl. or !y AcifcrDo of @. or moro p.rliculd Wnft.n Comnilndr. docur. for od o b*.lf df d!.C!hr$y, u&r lh. ComDdy'r ral d orh.Ni$, &dr Wrin6 ConairMt' oa6o Con &y c d.F.ili.d in slch mlrd! d.l.s lioi, *tkl gailiolot uy b. b, id.rd ryp. qdd of Wiitt , CollmlrIql! d by sr.cr{idd6 ol 06. d ,l@ prncult Wnn ComitlF!. Th. risr.ru. ofey ofiic.r or ohd p.M.xe!dn8 uy wnna Comimo.r or tPpointBl or.ld.srtn puE6r !o dur R@luion, Dd$o 3dl ofdc CoDpxy, y b..ffix.d by fGimil. o $ch Wifld Corurr@r or sind +Finhor or d.lqrtion. FLBT}|En RESOLVED, $n dlo aoD8oir! ldlurim !n ]l Nr b. &.nd ro b. & *alBi@ .rdql6r ot$. poE6 .d Drsily of olt@. @d.yq rd olh., pqsB io *l fd ed oi bd.lf of $o Compby, s.l ru.n R@luid rhrll nol lidir d odryir .ff.cr lh! q.E& of ,y rld !ori6 or .l{ltdily obeic ldidly grd o, crd, Does hereby nominate, constitute and appoint Brenda Wong, Kari Davis, Palricia Amna, Tenzer V Cunningham, all ofthe City ofLOS ANGELES, Califomia, each individually ilthere be more than one named, its true and laMul attomey-in-fact, to make, execute, sealand dclivcron its behalf, and as its act and deed any and sll bonds, undertakinSs, recognizances, contracts and other writings in th€ nature thcreofin penalties not exceeding Twenty Five million dollats & zero cents ($25,000,000.00) and the execution ofsuch wrilinSs in pursuance ofthese presenls shall be as biDding upon said Company, as fully and amply as ifthey had been duly executed and acknowled8ed by the regularly €lEaled olliccrs ofthe Company at ils principal ofllce, IN WITNESS WHEREOF, the said St€phen M. Hancy, Vice-hcsident, has hereunto subscribed his nalnc and afrixcd the Corponte seal of th€ said WESTCHESTf,R FIRE INSURANCE COMPANY this 9 day ofJune 2015. WESTCHESTER FIRE INSURANCE COMPANY [fi"?-r^- (Y\1+.-,=- SL.phcn M lluEy, vrc.ItBid.nl COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss On this 9 day ofJune, AD. 2015 before me, a Notary Public of the Commonwealth of Pennsylvania in and for lhe Counly ofPhiladelphia came Slephen M. Haney ,Vice-President ofthe WESTCIIf,STER I.IRE INSURANC[ COMPANY to me personally known ro be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the samr, and that the seal affixed !o the preceding insirument is the corporate seal ofsaid Company: lhot the said corpomte sea: and his signature were duly affixed by the authority a,I)d direction oflhe said corporation, and that Resolution, adoptcd by the Board of Directors ofsaid Company, referred to in the precedrng instrumenl, is now in force. lN TESTIMONY WIIEREOIT, I have hereunto set my hand and alTixed my offcial seal at the City ofPhiladelphia the day and yes'r first above written. I, rhe undersi8ned Assistant Secrclary ofthc WESTCHESTER FIRf, INSURANCE COMPANY, do hereby certiry that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force snd effect. In witness whereof, I hsve hereunto subscribed my name as Assistant Secrelary, and aflxed the corporale seal ofthe Corporation, this ddUN 0 6 2017 ,a 6Elt A& Docucard ;04546 contains a sacurily panlograph. bfue background, heat-sensilivo ink, coln"reecfive wel9 nafu, ahd nictubrt prining on bordet. ',$ fui^^2.&i,q.$Ulxd L. X.lir, r{lrititirlqrlry.rr THIS PowER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPIION DATE AFTER June 09,20I7,