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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 ooo o IE E'I STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY tl, = 6 '6 o o(, o ao o =C'o (,E{, fo 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$lla. Nolary Plbllc Upr€r ilcr6. rwp , Monlgoncry Counry My connririion ErDrru! March 28,2021 rrl6bcr, Pcnrrylvnn'n &!Lx, {'n. ol Nnrd os Te.esa Paslella. Notary Public .tu 20 This Power ol Allomoy i3 made and ereculed pursuanl nd by aulhorily of the lollowing By.laws and Aulhorizations ol The Ohio Casually lnsurance Company Lrberly i,4ulual lnsurance Company. and West American lnsLlrance Company \ahich resolutions are now in l0ll force and eflecl reading as follows: lhe provisions o, lhE adcle may be revoked at any lime by the Board, rle charman. the President or by the olticer or oilcers g6nling such power or auho'ily' execuled such inslrumenls shall be as banding as if signed by lhe presidenl and attesled by the s€crelary' Iacl as may be neissary to act on behall of the Company lo make, execule. seal, ackoowledge and deliver as surely aoy and all undedakings, bonds, recognizances and olher surely obligatons. Company, wherever appea ng upon a cedifed copy ol any power ot allomey issued by lhe Compenyrn conneclion wilh surery bonds, shallbevalid and binding 0pon the Companywilh lhe sarne,orce and elfect as lhough manually afllxed. has not be€n revoked. Il'l TESTIMONY WIIEREOF. I have hercunto sel my hand and affixed lhe seals ol said Companies lhis-day of =l!a o)c o o o,);oo- .9 o E6 oE E oooF of? E o E(!oIor o0)i ooo$N@ N @o (o o ao o = G o Faul E By: 14n17 anlSecrelary 500 ol 50O t9t2 Reoee C