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Sutter Mitland 01, LLC Material and Labor TM36485-2 BDTO50013017FOR: Grading / Drainage $ Erosion Control $WQMP $Total $ MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 58 500.00 Tract 36485-2 49 750.00 Other Project No. GP15-041 108 250.00 Su rety Libertv Mutual lnsurance Companv Principal Sufter Mitland 01 LLC Address '175 Berkelev S Address 3200 Park Center Drive, Suite 1000t City /State Costa Mesa. California zip code 02116 Zip 92626 Phone L6J7) 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, Erosion Control & WQMP relating to Parcel / Tract Map 36485-2, which agreement(s) isiare 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 Division 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, material persons and other persons employed in the performance of said civil code in the sum of one HundredEight Thousand Two Hundred Fifty and 00/100 Dollars ($108,250.00) 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 judgment therein rendered. It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit ofany and all persons, companies and corporations entltles 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 obllgation shall become null and void; othenvise, it shall be and remain in full force and effect. 9/8/15 /State Boston. Massac husetts City Bond No. 8DTO500013017 Premium lncluded in Performance Bond MATERIAL AND LABOR BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to 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 are not a condition precedent to surety's obligations hereunder and are hereby waived by surety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 2"d, 20'17 . NAME OF PRINCIPAL: Sutter Mitland 01, LLC AUTHORTZED SIcNATURE(S) By Name: Dave Ba(lett Title: Vice President (rF coRPoRAT|ON, AFFTX SEAL) NAME OF SURETY: Liberty Mutual lnsurance Company AUTHORIZED SIGNATURE Edward C. Spector, Attorney-in-Fact (tF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. 9i8l15 ( /"- (/rr-A-4-^---"'-- 'j c.,tc; A notary public or other ofEcer completing this certificate verified only the identity of the individual who siped the docr:ment to which this cetificate is attached, ard not the trutlf:lness, accuracy, or validity of that document. STATE OF CALIFORNIA couNTY oF ora.rvte,SS nt.,,2017, before me, _, Notary Public personally appeared U MCAGA rc{ECHIcorH. 12117799LrarAtat4fr oi^r{cE cot a?Y Crttr liI at On --, who proved to me on the basis of satisfactory evidence to be the personld whose name$)(ii/are subscrjbed to the within instrument and acknowledged to me that@9/sheAleylexecuted the same in @/herlttre&+rutlorized capaciry\iosland that by@&erlthck signature\s.fon the initrument the persodlg\ or the entity upon behalf of which the person$\acted executed the hstrument. I certifu under PENALTY OF PERJIJRY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WTINESS my haad aad official seal. au Notarv Public ) ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. Srare of Califomia County ol Los Angeles 0n FFB fore me, Simone Gerhard. Notarv Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a*e subscribed to the within instrument and acknowledged to me that he/s&e/@ sxgguted the same in his/he*/tk aurhorized capacity(lx), and that by his/k/+hei+ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certily under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature f Notarv Public L,e ' ^ . .- t- r:. :-5 i '-i ' /'s:A_ '..'L4f, -;a=- ;'M ' '' 1-i l?; b.' .l' '-iXi Conrr:,lsron f 21i5103 L1,1'^e{81 uorr," iiori, -crlilotn', , i W ",,,*i;l;n:?,:'lY,t,i# THIS FOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thi3 Do$.rer ol Attorney limits the acts of thGe named herein, and they have no authority to bind the Company except ln tho manner and to the extant horein stated. c€rtrticate No. 7555975 Liberty Mutual lnsurance Company The Oho Casualty lnsurance Company WestAmerican Insurance Compaoy POWER OF ATTORNEY KNOWN ALL PERSONS 8Y THESE PRESENTS That The Ohio Casualty lnsurance Company is a comoralion duly organized und€r the laws of lhe Stale ol New Hampshire. lhal Liberly Mutual tnsurance Company is a corporatio. duly organized under the laws of the Slale ol M$sach0setls, aod Wosl Amencan lnsurancs Company is a coryoration duly April Madinez; Ashral Elmasry; B. Aleman :Dara!ry Madv; Edward C. Spector;James Ross; KD Conrad;Krisline Mendez; Lisa K. Craili Marina Tapiai Mistv Wriqht: Nathan Varnold; Paul Bodriauez; Renalo F. Reyesi Simone Gerhardi lracy Aston .a t9t2 r991:s allofthe cily of Los Anqeles . state of ca each individually ifthere be more than one named, its lrue and lalrful atlorneyjnjact to make, execule, seal, acknowledge b€ as binding upon tho Companies as if they have b€en duly signed by lhe president a.d atlesled by lhe s€crotaay of the Companies in their ou.1 p.oper pelso.\s. lN WTNESS WHEREOF, lhis Powe. of Atlomey has been subsdibed by an aulhonzed officer or offcial ol tre Companies and he corporate seals ol lhe Companies have been affxed lhoreto lhis-_qgll day ol November ,2016 By David M Ca Assislanl Secrotary >C' (,c ! cG =o(lF-aauiEoq <(,b+ O' E:IrgOEo-E .9o Lo)oc}B PEGE e3!N_@ F a\l.= c1E"9oo o9Fe SIATE OF PENNSYLVANIA COUNTY OF MONTGOMERY Onlhis 30lh dayof-lglgllqL,2016,beforemepersonallyappearedDavidI!1.Carey,whoacknowlodgedhimselttob€theAssistantSecretaryofLiberlylrruluai lnsurance Company The Ohio Casualty Company, and wesl American lnsurance Company, and thal he, as such, being aulhorized so to do, ox€cute lhe foregoing inslrument lor lhe purpos€s therein conlained by signing on behalfof the corporalions by himselfas a duly authorized officer lN WITNESS WHEREOF, I have hereunto subsc bed my nallE and affixed my notarial seal al King ol Prussia Panosylvania, on lh6 day and year lirsl above wnllen COMMONWEALTH OF PENNSYTVANIA By Teresa Paslella Nolary Public M6mb6. Pe.nsvlvanE assG'ation ol tlora es Ihis Power o, Altorngy is made and er€culed pursuanl and by aulhority ol the following By'laws and Aulhoriaalions ol The ohio Casually lnsurance Company, Liberly Mutoal lnsuranae Cofipany and Wesl American lnsuranc€ Compaoy which resolulions are now in lull force and ollect roading as lollows: the provisions oflhls article may be revoked al any time by lhe Board, the Chaman,lhe Presidenlorby lhe officer or officerc gmnling such power oraulhodty. oxecuted such ifslrumenls $hallbe as blnding as if signed by the presidenl and aliested by the secletary obliqatjons. Company, wherever appearing upon a certilied copy ofany power of attomey rssued by the Company in conneclioo wilh surety bonds, shall be valid aod binding upon lhe Company with the same force and effecl as though manually affixed hasnorbeenrevoked FEB02 2cir lN TESTImONY WHEREOF, lhave hereunto set my hand and affixed the seals ol said Companies this _day of ,20_ Notan.l Seal I6r6sa Peslella, Nolary Pubirc Upper Merion Twp, Monlgomery C@nly My Commission Exptrcs March 28. 2017 D*A-*u oq, o, al! oa q,fo E poq, oo (E o (, q) (l o o o .liI,o o (, g o -9 qt o ogl clc,to E o =G o2 /J t9t2 t,)9t LMS 12873 082016 By Renee C.sistant Secretary 8 ol 500 The ohio Casualty lnsurance Company Liberly Mutual lnsurance Company Wesl ,{rnerican lnsurance Company/)l//-ry/,- ss