Sutter Mitland 01, LLC Faithful Performance TM36485-2 BDTO500013017FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1 )
1't 7,000.00 Tract Map 36485-2
99 500.00 Other Proje ct No. GP15-041R
Bond No. BDTO50001 30't 7
216 s00.00 Premium $1,212.00
Surety Liberty Mutual lnsurance Company Principal Sutter Mitland 01 LLC
Address 175 Berkeley Street
City/State Boston Massachusetts CityiState Costa Mesa,California
Zip code 02116 zip 92626
Phone (617) 357-9500 Phone (714) 200-1533
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 grading project,
related to (Tract) 36485-2, 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 Liberty Mutual lnsurance Company, as surety, are held
and firmly bound unto the City of Menifee in the penal sum of Two Hundred Sixteen Thousand Five
Hundred and 00/100 Dollars ($216,500.00) lawful 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 tncluded in
any judgment rendered.
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FOR GRADING:
Precise Grading
Erosion Control
WQMP
Total
Address 3200 Park Center Eve.S-UjlC '!_009
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
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 90% with the
remaining 10% held as security Until the California Regional Water Quality Control Board
issues a Notice of Termination.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on February 2"d,2017.
NAME OF PRINCIPAL: Sutter Mitland 01, LLC
AUTHORTZED STGNATURE(S)
Name: Dave Bartlett
Title: Vice President
(rF coRPoRATrON, AFFrX SEAL)
NAME OF SURETY: Liberty Mutual lnsurance Company
Ctl,-AUTHORIZED SIGNATURT:
Edward C. Spector, Attorney-in-Fact
(rF coRPoRAT|ON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
9/8/t5
By:o l/
C9
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthfuhess, accuracy, or validity of that
document.
STATE OF CAIIFORNIA
SS
COUNTY OF
on Fzb 2017, before me,
-
Notary Publi personally appeared -brr,r<-8a
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who proved to me on the basis of satisfactory evidence to be the person${whose name(:.\
Glare subscribed to ttre within instrument and acknowled ged to me that@sh€fi*qlexecuted tbe same in(@heltlrcir authorized capacityftesland that by Glit"t*e"i.signatur\s\on the instrument the person[d
or the entity upon behalf of which the person[sl acted,executed the instmment.
I certifu under PENALTY OF PERJIIRY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my ha:rd and official seal
TTEAGAN XXECHT
cori{. 12117799
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Notary Public
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Ora-nat,J
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CALIFORNIA AIL-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,
accuacy, or validity of that document.
State of Califomia
County of Los Angeles
On FEB 0 2 2017 before me, Simone Gerhard. Notary Public, personally appeared
Edward . Spector who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(e) is/are subscribed to the within instrument and acknowledged to me that
he/she/+hey executed the same in hisik/the* authorized capacity(ies), and that by his/*e*i+kir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e)
acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the
State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
of Notary Public
srMoNE GEBBARD D
Commissron # 2135109 I
I Notary Pubtlc - Calitoroia z
Los Angeles County
Comm E ires oec 9, 2019
z
.THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNO.
This Powor of Attomey limits the acts of lhola namod hor.in, end thoy heve no authority to bind the Company arcept in the mannerand to the extent heroin atat.d.
ce,lrtlcare No 7555974
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company West American lnsurance Company
POWER OFATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTST Thal Tho Ohio Casually lnsurance Company is a corporation duly organized under the laws of lhe Slate oi New Hampshirc lhal
Libeny I',4utual lnsurance Company is a corporalion d!ly organized under lhe laws ol lhe Slate oi Massachusells, and Wesl American lnsurance Company is a corporation duty
April N,4artinezt Ashraf Elmasrv: B. Aleman ;Daravy Mady; Edward C. Speclor;James Rossi KD Conrad; Kristine Mendez; Lisa K. Craili Marina Tapial
Misty Wriqhl; Nalhan Varnold; Paul Bodriguez; Renalo F. Reyes: Simone Gerhard; Tracy Aslon
allofth€ city of Los Anq€les , slate ol-94- 6ach individually if lhere be mors lhan one named, ils lrue and lawful attomeyin-fact to make, execute, s6al, acknowl€dgo
be as binding upon the Companies as if lhey have been duly signed by ths presjdeil and attested by lhe secretary of the Cornpanis! in heir orvn proper persons.
lN WTNESS WHEREOF, his Power of Atlomey has been subscribed by an authonzed oflicer or offcial ot lhe Companies and lhe corporate seals ol the Companies have beeo amxed
thereto this:301h day of November 2016
The ohio Casually lnsurance Company
Liberly Mutual lnsurance Company
Wesl lnsurance Company
By:
Davld [.4
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STATE OF PENNSYLVANIA
COUNTY OF I\,{ONTGOI!1ERY
SS
on lhis !9!I- day of November , 2016. b€torc me personally app€ared oavid M. carey, who acknowledged himselr lo b€ the Assislant secrctary ot Liberty Muluallnsurance
Company, The Ohio Casually Company, and WestAmerican lnsurance Company and that he, as such. being autho zed so lo do, execule lhe foregoing instrument lor the purposes
ther€in conlained by signing on behalf ofthe corporalions by him36lfas a duly authorized officer
lN WITNESS WHEREOF, I have hereunto subscribed my nam6 and allixed fiy notarial s€al at Kinq o, Prussia, Pennsylvania, on lhe day and year first above writlen
COMMONWEALTH OF PENNSYI.VANIA
By
Teresa Pastelb, Notary Public
M6mber P€nnsylv.n'a A$oc'ation ol Nolon.6
Thrs Power ol Allorney is made and execuled pua and by aulhority of lhe following By-laws and Aulhorizations of The Ohio Casualty lnsurance Company Liberly l\,{ulual
lnsurance Company, and WestAmerican lnsurance Company which resolulions are now in fullforce and ellgct reading as follows:
the provisions oflhis anicle may be revoked al any lime by lhe Boad, the Chairman,lhe President or by the oflicer or omcers granling such power or authorily.
exec0ted such inslrumenls shall be as binding as it signod by the president and attesled by the secretary
lacl as may be necessar to act on behalf of the Company to male, exeorle, seal, acknowledge and delivor as surely any and all undertakings, bonds, recognrzancos and other surety
obligations.
Company, wherever appea ng upon a cortified copy ol any power ol attorney issued by lhe Company in conn€ction with surety bonds, sha be valid and binding upon the Compa;y wilh
the same force and efiect as though manualJy aflixed.
has not b€€n revoked.
lN TESTIMONY WHEREOF, lhave hereunto set my hand and aflixed lhe seats of said Companies this _ dayof tEB 0 2 2011
NObEI S€AI
Ioresa Pasiella, Notsry Pubrrc
UpFr Mgion Twp., Mq{gofidy C@,ty
My Cmoissid Expirer Mgrclr 28.2017
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