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Sutter Mitland 01, LLC Material and Labor TM31822-F TM522866MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Grading / Drainage $ Erosion Control $WQMP $Total $ SuretV The Guaranlee Companv ol Norih America USA Address One Town Square, Suite 1470 184,500.00 Tract 31822-F 107 500.00 Other Proiect No GP17-0 R Bond No. fM52246bb 292,000.00 City/State Southfield MI City/State Costa Me sa. CA zip 48076 Zip 92 Phone (248\-28',t-0281 Phone (714\ 427-6868 WHEREAS,theCityofMenifee,StateofCalifornia,and_@j1q' (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 Grading, Erosion Control & WQMP relating to (CUP) TR 31822-F / GP17'094R , 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 Divisron 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, subcontractors, laborers, materaal persons and other persons employed in the performance of said Civil Code in the sum of Two Hundred Ninety Two Tho nd --- 00/100 ,Dollars, $292,000.00 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 .ludgment 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, otherwise, it shall be and remain in full force and effect. 9/8i I 5 Premium lncluded with performance Principal Sutter Mitland 01 LLC Address 3200 Park Center Dr.. Suite 1000 MATERIAL AND LABOR BOND The surety hereby stipulates and agrees that no change, extension of time, alteration oraddition to the terms of this agreement or to the specifications accompanying the same shallin anywise affect its obligation on this bond, and ii does hereby waive notice-of any suchchange, extension of tlme, alteration or addition. Surety furthei stipulates and agrees that theprovisions of section 2845 of the civil code are not a iondition precedent to srirety'sobligations hereunder and are hereby waived by surety. lN wlrNESS WHEREOF, this rnstrument has been duly executed by the principal and suretyabove named, on April 17th,2019. NAME OF PRINCIPAL: Sufter Mittand 01 LLC AUTHORTZED STGNATURE(S): By: ame:David E. Bartlett Title: Vice President (rF coRPoRATtON, AFFTX SEAL) NAME OF SURETY: The Guarantee Wpany AUTHORIZED SIGNATURE: A),01,, of North America USA Debra Watterson, Attorney-ln-Fact (rF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT. 9,'8/ l5 aGu---- A notary public or other oflicer completing this certihcate 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. STATIi OI CAI.IFORNIA SS COTINTY OF Oranuc on Apr1 \ 2q , 2o le, betbre me,Me Knecht _, Notary Public, personatly appeared d- E. B^{rlrf,J- ) ) ) his/ho#their authorized capacity(ias) and that by h is,4re#their signature(slon the instrument the person(9, or the entity upon behalfof which the person(s) acted, executed the instrument. I certifu under PENALTY OF PERJURY under the laws of the State of Califbrnia that the loregoing paragraph is true and correct. WITNESS my hand and ofllcial seal , who proved to me on the basis ofsa is,h+e subscribed to the within instrument and ackno tisfactory evidence to be the person(slwhose name(s) wledged to me that he/shclthey/executed the same in Notary(rtg,t MEAOAN KNECHTco r.12117799 floLry Rr6{cc*o.rll oR.r,r{oE c(xJ}{TY Cfirrl.Jt,}IE 2019 It |2 ACKNOWLEDGMENT A notary public or oltrer officer completing lhis certificate verifies onty the idenlity of the individual who signed the document lo which this certificate isattachedandnotthetruthfulnessaccLlracyor VA id of that docume nt State of County of lVichigan Oakland On 4t17t2019 before me,Lora O'Brien personally appeared (insert name and title of the officer) D€bra Watlerson who proved to me on the basis of satisfactory evidence to be the person(6) whose name(s) is/aresubscribed to the within instrumenl and acknowledged to me lhat he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their sig nalure(s) oo the inslrument theperson(s) orlhe entity upon behalf of which the person(s) acted, executed the instrument I certifr under PENALTY oF PERJURY under the bws of the state of californla that the foregoingparagraph is true and correct. Lor! O'&len Norary Publlc, st8t6 ol MlchlgEn County of Oakland !4y I ;ommission Explrls Aprll 21, 2024 Acring in Orkland CountySignatureL .Y,'/L L (Seal)Lora O'Br en WTTNFSS Try hand and offlcial sea lit Th6 Guaranteo Company of North America USA Southfield, MichiganGUARANTEE POWER OF ATTORNEY NOW ALL BY THESE PRESET{TS That THE GUARAT{TEE COiIPANY OF NORTH A ERICA uSA, a corporalion organized and existing under the laws of lhe Slale ot Michigan, having rls principat ofilce n Southrield. Michigan. does hereby conslitule and appoint Debra Watterson, Edward G Woods, Kathleen Runestad, Lora O'Brien, Sara Schraubeo, Jeffrey Jubera Katre Coalson, Edward oevies, Dvright Teter Casey M. Strohauer. Montina Cenance, Olga Tasselrryer The Guarantee Company of Norlh Amenca USA its true and lawrul attoraey{s),in-fact loexecute. sealard deLiver for and on its behalt as surety, any and all bonds and undertakings, contracts of ir*emnity and olherwlitings obligatory inlhe nature lhereol, which are or may be allowed, required o. pemrned by law, Slalule, ru16, regulation. contract or otheNvise The execution ot such inskument(s) in pursuEnce of llEse presenls, shall be as blnding upon THE GUARANIEE oOMPANY OF iIORTH At ERlcA USA as fully and amply. lo all inlents and purposes. as if the same had been duly executed and acknowledged by 13 regulady elected ofilc€rs at the pdncipal office The Power of Attorney rs executed and may bs certified so, and may be revoked. pursuanl to and by authority of Anide lx, Section 9.03 of the By La',\,s adopled by the Soard of Directors of THE GUARAI{IEE COI'PANY OF NORIH AXIERICA USA at a m€eting held on lhe 31{ day ot Dec€mber, 2003. The Presidenl, or any vice President, aoing wilh any Secretary orAsgislant Secretary. shall have po$rer and adl|orily: 1 To appoint Atlorney(s)-in-fact, and lo authoaize them lo execute on behalf of the Coanpany, and attach the SeSl ol the Company lhelelo, bonds and undetlakin0s, contracts of rndemnity 6nd olher writings obligalory in lhe nalure thereofi and2. To aevoke. al any time, any such Allomey-in-fact and revoke lhe authority given, exc€pt as provided below3. ln connecllon wrth obligstions in favor of the Florida Depanment of Transportation mly, it is agreed thal the po!,er and aulhority her€by given lo lhe Attorney-in-Facl includes any and allconsents for the rolease otretained percentages and/or finaleslimates on engineenng and construclron contracls required by the Slate of Florida Departmenl of Transpo.talion ll is lully urderslood lhat consentng {o lhe Slale ot Florida Dep8rtmeit of Transporlalion making payment ol the finaleslamale to the Contraclor ancuor (s assagme. shall nol relieve th6 surety company ofany of its obligataoB under ils bond4. ln conneclion with obligalions in favor oI the Kentucky Depadment of Hlghways only il is agreed that th€ po,ner and authodly h€roby given to the Altorney-in-Fact cannol be modified or revoked unless prior writlen personal notice of such anlent has been given to the Commigsioner- Depanmenl of Highways ot the Comlnonriealth of Kenlucky al least thirty (30) days prior to the modifcation or rewcallon Furlher, lhis Power of Attorney is signed and sealed by lacslmile pursuanl Io resolulion of the Board of Directo6 of the Company adopled at a meeling duly called and held on lhe 6th day of Oecembe.2011, of which the followng is a true ercelpt. RESOLVED thal lhe sqnalure of any authorizod offcer and the seal ol tlE Cornpany may be aftxed by faGimile lo any Po\r€r ofAtlorney or cerlillcation thereof authorizrng the executron and delivery of any bond, underiaking, contracts ol ind€mnity and olher wrilings oblhalory in lh€ nature lhereof, and such signalu.e ard seal wfien so used shall have lhe same force and effecl as though manually amxed. lN WITNESS WHEREOF, THE GUARAI{TEE COMPANY OF NORTH Al{ERICA USA has caused lhis irclrumenl lo be signed and its corporate seal to be affixed by Ils autho zec, officer, this 1sl day of ftrarch. 2018 THE GUARANTEE COMPANY OF NORTH AMERICA USA &rU-/,L STATE OF I'/lICHIGAN County ot Oaklend Stophon C. Rusch.k, Presideol & Chief OpsI'llng Otlicer Randall Muasolman, Socretary On lhis 1sl day of March. 2018 before me came the indrviduals who execuled lhe preceding inslrument, 10 me pelsonally known and being by me duly sv/orn, sard thal each is lhe herein de$c bed and authorized omc€r of The Guarantee Company of North Amerjca USA, that the seal affixed to said instrument is lhe Corporate Seal of said Company; lhat lhe Corpor8te S€al and each srgnature were duly afrired by oader of the Board ol Directors ofsaid Companyo Cynlhid A. Takal Notary Publb. State of Mtchtgdn County of Aakbnd My Coddlstlon Exqh.t Fcbruory 27, 2OZ4 A.tld9 ln Ooklond County lN WITNESS WHEREOF. I have hereunlo sel my hand al The Guaranlee Company of Norlh America USA olfices the day and year abov6 Mitten. Cq^,a; A fa_,44.u l, Randall l\russelman. Secretary of THE GUARANTEE COliPAt{Y OF IORTH AiTERICA USA, do hereby cerlify that the above and foregoing is a lrue and correcl copy of a Po$cr of Attorney execuled by THE GUARANTEE COIiPANY OF i{ORTH AIiERICA USA. which rs still rn full force aod efiect lN WITNESS WHEREOF I have lhereunto sel my hand and attached lh€ seal of sard Co.npany th6 I 7th 66y e1 April RandEll lru3sslman, Secrotary t0ts ,e\ f,(Qi)\i4z tu /fu@ THE GAAruNTEE COMPA},IY OF NORTE AMENCA ASA Homc Aflk4 Sorthfutd, Mlchtgan STATATORY L4I,4NCE SEEET Dcccmbet 31,2018 ASSETS Casb and Short-Term lnveshrenls Marlcbble Securities Prcuium and Agcnts Belanccs (undcr 90 days) Reinsuranco Recoivablo on paid lossos Ac{rued lntorcst snd Dividonds Nct Deftncd Tax Assct Olhcr Assets Total AdE,itred Asscts LIABILITIf,S Raservo for Lorsos aod Lacs Adjumront Exponsos Uncrrncd Promiuo Rasorvo Accrucd Exponsar Ccdcd Rcilsurancc PrBmiums PEyeblc Taxcs, Liccascs ad Pecs Peyrblo Fcdoral Incomc Tax Payablc Funds Hold Othor Liabilitics Total Liabilirics CAPITAL AIID SI'RPLT.,S Common Stock and Paid-ln Capital Surplus Total Polioyhnldors' Surplus Iolsl Li8bi.lilies, Cepit l aod Surplus Slatc ofI{ichrgln Courlty of O.Uand $ 88,508,407 151,657,941 s,007,524 529,fi6 812,415 |,637,931 l-195.275 $249,549,161 s 9,071,422 22,744,%0 4.2t0,u5 t,201,%0 314,68 296,4r3 9,869,832 s 49.626.yt9 $ 1,r4,020,9?0 55 1,232 st99-y222(2 949J49,18r St.phen C. Ruschsl( b.i!8 duly cwor!, stys: Thlr ho i5 thc pEridcr( & COO otThc Gur.otcc Cotrtpey ofNodh Amcdcr USA; thd stld compory is r orporAiol| dt y o!8!triza4 .*i jD& lDd 6n88cd i! busiD6r !! r arlcy by vinrc of thc hws of th. Strt6 of rvichig!4 lnd hll tuly c.rupli.d eith rll frc r..NitELor! of to hw! of rid tuo lpplicablc to trid cqry.ny rDd is dul, qulificd to ..t .! 6rdy urda Jl.i hw'; th.l dd comFry hD .l!o coqli{trith od is duly thc foftgoing it D.c6nbcr 20 I 8 Swotrllo boforE Dc lhis 1gth dsy ofMarob 2019. .i , -.-- -'-!-1i-t7.lt- t' /,:r1.t,- ^oFY cynuia A r!&ai NoGry Pubflc, S$l€ of Mhhtgan Counl.y of Oekland My Commllrlor Erplr.t F.bBry 27,2074 Acting In Oakland County qudiE€d to &1 i.r ir€), rod.r th. A.i ofconrrqe! of tuly l0 f9,fl rs Jacodcd (6 U,S.c. Gl3I6r! full, t trc ,nd conl.t rtddnanr ofdE fintncirl aondltion ofrald cdrplly on it!. I ttdry of PEsid.it & COO