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Watt Communities at Mosaic, LLC Faithful Performance Bond TM28206 K09312365FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Seclion 66499.1) FOR: Streets and Drainage $ 1-256,500.00 Tract Map 28206 Water System Sewer System Total $ 405.000.00 00 964 500.00 Bond No. Kogst 2365 Premium $ 14 734 00$ c I Surety Weslchester Fire lnsurance Company Princip O I wat Coo.u",r'es O uosac LLc a cal ornra Lmned Li AddreSS 555 s. Ftower sr.. 3rd Ftoo.Address 2716 ocean Park Btvd Ste 2025 City/State Los Anqeles, cA City/State Santa L4onica CA Zip code eoo71 Zip 90405 Phone 213 612-5502 Phone (310) 314 2511 WHEREAS, the City of Menifee, State of California, ,ndro]li,t,}offi:*",",(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, 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 westchester Fire lnsurance company , as surety, are held and firmly bound unto the City of lVlenifee in the penal sum of One Million Nine Hundred Sixtv Four Thousand Five Hundred and no/100, Dollars, $ 1.954.500.00 lawful mone y 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 alteralion 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; otheMise, 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. 9/8/15 I \# FAITHFUL PERFORMANCE BOND 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 June 6 , 2917 NAIM E O F P R lN C IPAL: Wall Commun ties @ Mosaic LLC. a California L mlted Liability Company By bt|,Name:4a+ Title: tr lCf I!8./T (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: westchester Fire ln Company \ AUTHORIZED SIGNATURE Its Attorney-in-Fact Kari Davis Title (tF coRPORAT|ON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. 9i'81t5 MENIFEE 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 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, 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. AUTHORIZED SIGNATURE(S): 7tu On da I e 7, "2ot7 CALIFORTIIA AtL-PURPOSE ACKilOWLEDGMEIiIT clv[_ coDE s 1189 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 County oI Lo> A^t €€5 before me,t\"41s/ tu . ?n ou) ) , Dore zq Pa a uL Date personally appeared Here Inseri Name and Title of the Officer lna s Name(s)Signe(s) who proved to me on the basis of satisfactory evidence to be the personH whose namep) is/dre subscribed to the within instrument and acknowledged to me that he/{*/they executed the same in his/ttsrlttHr authorized capacity(u6), and that by his/hcr'thEir signature(+on the instrument the person(6f, br the entity upon behalf of which the person6l acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I\4URIEL M, PAOUIN Commisslon # 2119362 Nolary Public . Calitornia WITNESS my hand and official seal. Los Angeles County Signature M Comm.ires Jut 24 ,2019 Signature of Notaty Place Notary Seal Above OPTIONAL Though this sqction is 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 n Corporate Officer - Title(s):n Corporate Officer - Title(s) Tttn zx 5. /1o.n i zz zz nPadner- tr Limited n General tr lndividual tr Attorney in Fact n Trustee E Guardian or Conservator[] Other: Signer ls Representing:Signer ls Representing: @2014 National Notary Association ' www.NationalNotary.org ' 1-800-US NOTARY (1-800-876-6824 ltem #5907 ) ) tr Partner - tr Limited E General tr lndividual tr Attorney in Fact E Trustee n.Guardian or Conservator n Other: - LCA F Ro N AA LL P RU Po ES CA NK Wo EL D G EM TN c V cL Do E L7 98s nota ry pU b c o r oth e r o lt ce r c m p et n th is cert fIcate thoe d t t f t h d hIenoenUa o s on e d the do cU me t t h h th fnocscertIcate Is a tta c h e d a n d not the tru t hfu ne 5S a ccu ta c d f h dvraotatoc u m ent State of California County of Los Angeles JUN 0 6 20t7 On before me, Ka ri Davis M. Gonzale S,Nota rv Public, persona lly appeared who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/a+e-su bscribed to thewithin instrument and acknowredged to me that he/she/they executed the samein his/her/the+ authorized capacity(ies), and that by hislher/thei+signature(s) onthe instrument the person(s), or the entity upon beharf of which thelersonis) acted, executed the instrument. I certify under PENALTY oF PERJURy under the laws of the state of california thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M. Gonzales, N tary Public I verifies n ivid I I ity ayl/, M, GONZALES Commrssion # 2A41641 Nolary Publrc - Calrlornia Los Angeles Counly Comm 0ct 2017 Power of Attorney WESTCHESTER FIRE INSURANCE COMPANY Know sll mcn by lhcao pr.s.nts: That WESTCHESTER FIRE INSURANCE COMPANY, a corpomtion of the Commonwealth ofPennsylvania pursuant to the following Resolution, adopted by thc Board ofDirectors of the said Company on Deccmb€r I l, 2006, io wit: .nt.ren inb d.ordrnUy @uEofbuflnE (.!ch t wrirr.n Comnm.ni') E.ch ofd. Ch.ime,lhc Pr6id.ot Md rhe vie Pr.sid.nre of lhe Compey 'sh.r.by.udDnzdlo.xdul. $y Wnn.n CoM'lool lot sd on b€l lof lh. Compey, ude, $e s.d ol 'h. Compuy or(t) (2) (l) (4) o) tlch,.ton i!.dDiirdby d:.gturofposd tbvid.n fqin Nch p@ sitto .pfohrnal E tuch rfomqrin-lal . E .n ot &. Chrim. d. Pt6i.bnt D.l th. Vi@ Prdi.t 6n of 6. Cor4uy it h{.by !dDn,.4 fd {d o bdrlf ot lt Compry, ro.rroint in vinnS Dy p.@ lh. lliom.y-in-ld ofd. Conpey vilh tutl powr od urhoriry io uculq fo, Dd m b.tdfof $. Compdx 6.ld dF D.l of$c Conroy q o6.rui*, udr Wdna Co,nstna! of lh. Compry a my h. sp6i,ird in .!ch Mitl6' |ploinlmei *nid D-idc.rio m.y b6 by s.ndrl rr". or cls of W.ilr6 Comib$B or by speiii.rlim of @ o, mG pdiculr Wnna CohdirME E .h ol$. Ch.iM, 0E Ptatkot {rd Vi..It6iddb ol dE C@r&y h h.r.by !,ttoda4 lor x.l @ bdulfotth. Conlody, lo ddo8lto i! wntrs uy o$!t o,E*r ol &. Conp-, $r Drhonty E tuuta io, &d 6 h.ldlo{ !& CoBpsy, urdq th. Conl9&y'. E l q oln.piE. sh Windl qodnimEr' oft. Conphy .. !r. sD*ifid in .*h snn.h d.l.s.ron, *iich qoftifioDon my bo by ga6rl ryp. or cls of Wnno CoMirrBnB or b, .p!.!fie.lioi of d d DB pinjcol& W,itt@ CoMilbstt Th. iel.@ of sy ofisr or or!.. rl,& oxEutinr uy Wnr6 Comirut or lpD.inrmnr q &l.sdrd p6sr lo $ir Smlutld, sd 0B .6.1 of lh. C.,P&y, mly b. lrircd by fBioil. on 3@h W,itd CoDDilrol or wili .ppoinn6l o, .Llct ro FURTIEI IES}oLVED,lht| rh. fo..8oi.a R@l|xi@ ddl iEr t d..i.droh.6lklBEd.rd$ of rh. poss lnd.o&onily o,ofit6, nddyd 6d othd FM! b *r tor ed on b.ialtof d. Crnp&y, |nd 3u.n R&lllid ddl ml lihil o, o$6wie dtEl lh. d.ti$ of &y tai poE d .urlodry olh*iE {lidly il&td or rcl.d. Does hereby nominate, constitule and appoint Br.nda Won8, Kari Davis, Patricia Amn!" Tcnz€r V Cunningham, sll ofthe City of LOS ANGELES, Califomia, each individuolly ifth€re b€ more than one n6med. its fuc and la\Mful attomcy-in-faat, to mak€, €xecutr, seal and delivcr on its behalf, snd as its 6ct snd deed ary and all bonds, undcrtddngs, recognizanccs, contracts and other wrilings in the naturc thrreof in penalti$ not excecding TwEnty Five million dollars & zero cents (t25,000,000.00) and the execution ofsuch wrilings in pursuance of thr.se prescnts shall be as binding upon said Company, as fuUy and amply as if thoy had been dlly execut€d and acknowled8ed by the ragularly elected oflic€rs of the Company at its principal orlice, IN WTINESS WHEREOF, rhe said Stephen M. Haney, Vice-President, has hereunlo subscrib€d his name and aflixed the Corporate seal ofthe said WESTCHESTER FIRE INSURANCE ..MPANY this 9 dav ofJune 2015' wEsrcHEsrER FIR' INS,RANCE coMpANy fi S!.pt'm M llxl.y , vl.t Pr6idcnr COMMONWEALTH OF PENNSYLVANIA COTJNTY OF PHILADELPHIA ss. On this 9 dsy ofJunc, AD. 2015 befor€ mc, s Notsry Public ofthe Commonwealth ofP€nnsylvEnia in and for the County ofPhiladelphia came Stcphen M. Haney ,Vice-President ofthc WESTCHESTER FIRE INSURANCE COMPANY to mc p€rsomily known to be thc individual and olliccr who executed the prccqding instrumcnt, 6nd hc ackno*,lcdgld 0ut he executed thc same, and that ths soal aIIIxad to dE prrceding insmmcnt is th! corporaE seai ofsaid Company; that ihe Baid torporah scal and his sigrature wcrc duly affrx.d by thc authority and dircaion ofthe said corporation, and that Resolutioq adoptcd by the Board ofDirectors ofsaid Company, refened to in the placedinS instsument, is now in fotce. IN TESTIMONY WHEREOF, I have hereunto sel my hand and alllxcd my ofticial scal ar the City of Philadelphia thc day and year first above \rT illen. I, the undersiSned Assislant Secretary olihe Wf,STCHEST0R FIRE INSURANCE COMPANY, do hereby certiry lhat the original POWER OF ATTORNEY, of which the foregoing is a subslanlially true and correct copy, rs in lull forc€ and effect. In witness whereof, I have hereunlo subscrited my name as Assislant Secretary, and amxed the corporal€ seal oflhe Corporatjon, this d3) ofJUN O I Zltt THIS POW6R OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITII AN INCEPTION DATE AFTERJUNC 09,20]7 \ Fc oocuGard 104546 ebnlahs a secutiy pantogeph. blue backEtou!1d, heal-senslli',8 ifik. coin-reactitg walerme*. aNl nitralsxt pin ng on bodet h{".-- )&/,*rz.i,ro-*ilm t. K.tir, turililfi !.(,rfiy.//