Sutter Mitland 01, LLC Faithful Performance PM32669 BDTO500055017 (2)c
MENIFEE
COPY
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $o 770 000.00
Water System
Recycle Water
Sewer System
$1 532 500.00
$203,000.00Total $12,200,000.00
Surety Liberty Mutual lnsurance Company
Address 175 Berkley Street
City/State Boston, MA
Zip code 02116
Phone
Parcel Map 32669
Sutter Mitland 0'1 LLCPrincipal
Address 3200 Park Center Drive, Suite 1000
City/State Costa Mesa. CA
zip 92626Phone (714\200-1609
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 PM 32669 / Phase ll Backbone lmprovements , 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 Libertv Mutual lnsurance Companv . as surety,
are held and firmly bound unto the City of Menifee in the penal sum of Twelve Million Two
Hundred -------00/100 Dollars, $12.200,000.00 lavuful 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.
9i8lt5
$ 694.500.00
Bond No. 80T0500055017
Premium $ 68,320.00
FAITHFUL PERFORMANCE BOND
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.
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 90o/o 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 1 Oth day Julv,2017
By
Name: c)ala (3r.cr let[
Title: 1ir. e r..bit ^\-
NAME OF SURETY
(IF CORPORAIION, AFFIX SEAL)
I lnsurance CompanyLiberty Mu
AUTHORIZED SIGNATURE
KD Co rney-in-Fact
CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
9/8/15
NAIVE OF PRINCIPAL: Sutter Mitland 01 LLC
AUTHORIZED SIGNATURE(S):
A notary public or other officer complethg
this certificate verified onJy the identity of
the individual who signed the document to
which this certificate is attached, and not the
truth-firlness, accuracy, or validity of that
document.
STATE OF CAIIFORNIA
SS
COTINTY OF
On J.rt" tt .2017, before me,
. Notary Prlblic, personatly appeared
who proved to me on the basis ofsatisfactory evidence to be the person(slwhose name(s)
ishrc subscribed to the within instrument and acknowledged to me that hdshe'*eylexecuted the same in
hislhe*&eir authorized capacity(ies)and that by his,&o#their signature(+) on the instrument the person@)
or the entity upon behalf of which the person(€) acted, executed the instument.
I certify under PENALTY OF PERJIIRY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
)
)
MEAGAN IOIECHT
cott.#2117799
r&Ey h/t{oc.lfcra
OM'{GE COI,XTY
mo Notary Pu
Cqlm.20te
nIl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity ofthe
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity ofthat document.
on JUL -l 0 2017 before me,D. Casillas , Notary Publi personally appeared
KD Conrad who proved to me on the basis ofsatisfactory evidence to be the person@
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/the* authorized capacity(ies), and that by*is/her/their
signature(s) on the instrument the person(s), or the entity upon behalfofwhich the persone
acted, executed the instrument.
I certifr under PENALTY OF PERIURY under the laws of the
State of Califomia that the foregoing paragraph is true and correct.
o
D. CAStt[AS
coMM. f2162364
Notary Public - Calilornia
Los Anqeles Counly
WITNESS my hand and oflicial seal.
z,o
Comn es t1, 2020
Signature
S of Notary Public
State of Califomia
County of Los Aneeles
I'HIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Powa. ofAttorney limil! the acts olthose named herein, aod th€y have no authority to bind the Company ercept in lhe manner and to the erlent herein staled.
cerlificale No. Zqzq9s
Libe(y Mulual lnsurance Company
The Ohio Casualty lnsurance Company West American lnsurance Company
POWER OFATTORNEY
KNOWN At|- PERSONS BY THESE PRESENTS:Thal The Ohio Casualry losurance Company is a copo.elioo duly organized under lhe laws ot lhe Slate ol Now Hampshire. lhal
Libeny Mulual lnsurance Company is a corporalion duly organized under lhe laws of lhe Slale ol Ma3s6chusells, and West Ame can lns0rance Company is a coQoralion duly
M Ashraf El B. Aleman Dara KD Conrad Krisline M Lisa K. Crai MisznTra
Nalhan Varnold; Paul Rodriguez; Renato Reyes; Simone Gerhard; Tracy Aslon
I9r2 :
all ol the cily of _Eli4lgqg!_. slateof cA eaah individually if there be more lhan one named, its lrue and lawful atlomey-inJacl to make, execule, seal, acknowledoe
be as binding upon lhe Companies as ifthey have been duly signed bylhe president and allesled by lhe secrelaryofthe Companies in lheirown proper persons.
lN WITNESS WHEREOF. this Power ofAltorney has been subscribed by an aulho(zed olficer or oflicial ol lhe Companies and lhe corporate seals ol the Companies h8ve been afllxed
20'17therelo lhis_!!!!_ day of March
The 0hio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West A rican lnsurance Company
By:
David M I secretary
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STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
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On ftis -!!!!_ day ol ]&E!--. m17, belo.e me personally appeaEd David M. carey, who actnowledged himself to be lhe Assislant Secrelary o, loerly Muluallnsuranoe
Company. The Ohio Casualty Company, and West Ameican lnsurance Company. and lhal h6, as such, being aulhonzed so lo do. erecule lhe foregoing inslrumenl lor lha prrrpoies
lherein contained by signing on behalfol lhe corporalions by himselfas a duly allhoized oflicer
tN WTNESS WHEREOF, I have herounto subscibed my name and affixed my notaial s6el al King orPrusria, Pennsylvania, on lhe day and y€ar,1[sl above wntlen.
COMMONWEALTII OF PENNSYLVANIA D;", /*t2ByNoranelSoal
Tcresa Pasi$lla. Nolary Plbllc
Upr€r ilcr6. rwp , Monlgoncry Counry
My connririion ErDrru! March 28,2021
rrl6bcr, Pcnrrylvnn'n &!Lx, {'n. ol Nnrd os
Te.esa Paslella. Notary Public
.tu 20
This Power ol Allomoy i3 made and ereculed pursuanl nd by aulhorily of the lollowing By.laws and Aulhorizations ol The Ohio Casually lnsurance Company Lrberly i,4ulual
lnsurance Company. and West American lnsLlrance Company \ahich resolutions are now in l0ll force and eflecl reading as follows:
lhe provisions o, lhE adcle may be revoked at any lime by the Board, rle charman. the President or by the olticer or oilcers g6nling such power or auho'ily'
execuled such inslrumenls shall be as banding as if signed by lhe presidenl and attesled by the s€crelary'
Iacl as may be neissary to act on behall of the Company lo make, execule. seal, ackoowledge and deliver as surely aoy and all undedakings, bonds, recognizances and olher surely
obligatons.
Company, wherever appea ng upon a cedifed copy ol any power ot allomey issued by lhe Compenyrn conneclion wilh surery bonds, shallbevalid and binding 0pon the Companywilh
lhe sarne,orce and elfect as lhough manually afllxed.
has not be€n revoked.
Il'l TESTIMONY WIIEREOF. I have hercunto sel my hand and affixed lhe seals ol said Companies lhis-day of
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