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Boulders Menifee LLC Faithful Performance Bond 339-200-080 1980133FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Grading/Electrical $_APN 339-200-080 Hardscape Amenities Landscape Contingency Total $ $ $_$ 119.500.00 Other Proj. Ref. lP22-0251 Bond No. 1980133 Premium $ N/A Boulders Men ifee LLC 15916 Bernardo Center D!:LVe $11 Su rety The Hanover lnsurance Comoanv Address 440 Lincoln Street Principal Address City/State Worcester, MA City/State San Dieqo, California zip code 01653 Zip 92127 Phone 508-853-7200 Phone 760-489-5647 WHEREAS, the City Council of the City of Menifee, State of California, and Boulders Menifee 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 lP22-025L Streetscape, which agreement(s), dated 11121.12023, is/are hereby referred to and made a part hereof; and, 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(s) 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 ofiicers, agents and employees, as therein stipulated, then this obligation shall become null and void; othenvise, it shall remain in full force and efiect. 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NoWTHEREFoRE,wetheprincipaland@,aSSurety,are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Nineteen Thousand Five Hundred and no/100 Dollars, ($l!9.500.S!) 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. FAlTHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement(s) 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 to the terms of the agreement(s) or to the work or to the specifications.. 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(s) 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 for the one-year maintenance period provided for in the ag reement(s). lN WTNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 22, 2023 NAME OF PRINCIPAL: Boulders Menifee LLC AUTHORTZED STGNATURE(S): L k/.,/-r,By: ame Richard D. Wilson Title: Managing Partner (tF coRPoRATrON, AFF|X SEAL) The Hanover lnsurance Comoanv frltpa,na,a Llntu-AUTHORIZED SIGNATURE: Alexandra Haas - lts Attorney-in-Fact Title (rF coRPoRATtON, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. MENIFEE NAME OF SURETY: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies 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. State of County Califom of '' tt ta t louu AIJL ?-+rh. (insert name and titl of the officer) 0r"1,*rA \:. \,l.)\sol- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sta foregoing paragraph is true and correct WITNESS my hand and official seal. "t-' c i\\\Signature (Seal)Dec o. N)crW,cnher 21Y ZoZ 5 berore me, personally appeared SURETY ACKNOWLEDGMENT STATE OF ARIZONA COUNTY OF MARICOPA On thls 22'd day of November. 2023. before me, a Notary Public, personally appeared Alexandra Haas personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of The Hanover lnsurance Companv. and acknowledge to me that he (she) subscribed the name of The Hanover lnsurance Comoanv. there as surety, and his (her) own name as Attorney-in-Fact. Debbie Cl NOTARY PUBLIC June 25. 2026 MY COMMISSION EXPIRES @ DE BB IE CLAYTONNotary Public. Stat6 ol Arizona Maricopa County Commission 1629249My Commission Expires Juna 25,2026 rt^-a"!; c THE HANOVER INSURANCE CO PAIIY i,ASSACHUSETTS BAY I}{SURANCE COiiPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF AITORNEY THIS Pouor ot Attomey limib th. act! ol thoao namod herc,n, end lftey h.ve no authorlty to blnd tie Comp.ny except in tho manner and to lhe orLnt heacin atrtad. That THE HANOVER TNSURANCE COMPANY end MASSACHUSETTS BAY INSURANCE COMPANY, both b€ing corpor.tions organized ancl ooging under tho lsws oI lho Sist6 of N6w Hampshire, end CITIZENS INSURANCE COMPANY OF AMERICA, I coQoraton organized and 6xistn0 under the laws ot tho Stste o, Michigan, (her€mefi€r inclividually End collectiv€ly the 'Compan/) do€s heroby con3tituto and appoint, Debbb Clryton, Brl.n O. Wilder, Holly Byrd, Tin. i/Lria Porklnr, AlerandE HrE..nd/or Rlndl L Morg6n KNOW ALL PERSONS BY THESE PRESENTS: o' Lovltt & Touche ot Tempe & Tuc.on, AZ 6ech individuslly, it th6re b€ mo.6 than ono nsm6d, ss its lrue snd lawful attomey(s)-in-f6ct to sign. oxecut€, 3€al, acknowlodge and doliver br, end on it3 bohelf, and ss its act and de€d any plac€ wrlhin the Unitod Slates, any and all sursty bonds, recognizances, und6ataking8, or oth6r surety obliJation3. The execution of such surety bonds, rocognizances, u ndertakings or aur€ty obligation!, in pu6uanca of lhe!6 plEs€ntg, shall bo es binding upon the Comp6ny as ifthey hsd beon duly signod by the president6nd att6st6d by th6 seqetary of the Compsny, an thoir own pop€r p6rsonE- Provded howqvor, th6t this pov/€r ol ettomey limits lhe ac13 ot thos6 nam€d hsreini 8nd hey have no authority to bind Ure Company excopt in tho manrEr stated and b th6 oxtent of 6ny limitation 3lated beiow: Arry .uch obligetion! ln lhe Unlt d St t.3, not to .xc..d Ffty Mllllon ,nd ,loI10O (t50d)0,Oqr) h lny .ingb ln trnce That this powor is made and ex€cuted puBuant b th6 aulhority of the following Rgsolutons pasr6d by th€ Boad ol Dlrdors ot raid Company, and ssil R6solutions r€maan in fullbrce and efbcl: RESOLVED: That the Presidont or any Vic€ Pr6sidenl. in conjunction wth any Mce Prosident, be and they h€rBby are authorized and smpowored lo appoint Attomeys-in-tact of ths Company, in its name end es it ecb, to ex6cut6 and acknowledge fDr and on rt8 bohall as Buraty, eny and all bonds, rccogn izancrs, contracts of indem nity, waiv€ rs of citation and all othor writings obligatory in tho nature thoreol wth power to atbch florBto th6 s€al ofthe Company. Any such witngs so oxocutod by such Attomeys"in-hcl sh8ll b€ binding upon the Company aB it th€y had been duly 6xeculed end aclnowl€dged by the re0ul6rly elected ofic6as of the Company in lheir own p@per p€rsons. RESOLVED: That eny snd all Possrs of Attomey and Certifed Copi€s of such Poirsrs of Attomey and c€n icston in rosp€c{ thercto, granted and executed by the Pregidont or Vrca P@9id6nt in conjunctjon with any Mc€ Preaidenl ofthe Compsny, shallb6 bindang on the Company b the some €xtenl as ifallsignaturos th€rein vaere manually affxed, oven though one or mola ofany suah s6natursr ther6on m6y b€ fecsimilo. (Adopt6d &ob€r 7, 1981 - Th€ H6nover lnsuranca CompsnyiAdopted April 14, 1982 - Mssleiusetts B€y lnsurancs CompanyiAdopted S6ptembe.7, 20O'l - Citiz6n3lnsuEnce Cornpany ofAmerics and affrmed by 6ecfi Company on Merch 24, 2014) lN wlTNESSWHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAYINSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these p€sonts to b6 sealed with their respecliva corporale s6al9, duly attesled by lwo Vic€ Pr€sidents, lhis 13n day of April, 2023 THE HA'iOVER I}{SURAIICE COIPAXY IA83ACHU3E7I3 lAY II'SUMI{CE COIIPAIIYTHE HA}IOVER I TASSACHUSETTS crTlzElls cotaPAr{Y coltPAltY OFA ERICA @-@ ct IIISURATCE COFAXY OF AICECA H. X.w|..d. vrcs Prardafll My Coflunllslon E4ltls Junc 15, 2qz3 -cotr^r.Y of ^xcRq^ THE COMMONWEALTH OF MASSACHUSETTS )COUNTY OF IA/ORCESTER ) ss. On this 13h dsy ofAprll,2023 boforo me ceme th€ sbovb nemed Executiva Mc€ PElidont and Vice Presid€nt of Ths Hanowr lnsurancs Compsny, Msssachusstt!Bay lnsurancs Company and Citizens lnsuran@ Company of Americ€, to me p€rronslly knosn to b€ lh€ individuals and oflic€rs ddrcribed horain, and 6cknowledg€d that the s€alg affix€d to the proc6din0 insfument aro tho corporet6 s6sls of Th€ Henov€r lnglranca Company, Massadlus€tt6 Bay lnru.anco Company and Citiz€ns lnsurencs Company ot Amerira. l€sp€ctively, and thsl th6 saad corporsle seals snd hsir sagnaturos as oficers lvsrE duly afired andsubscrib€d to said instrumenl by tho authorilv end direr"tion oI s€U CoDoretions r' l, th€ unde.gigned Mce Presiclent of The Hsnover lnsurance Company, Massachus€tlr Bay lnsurance Company and Cilir6ns lnsurance Company ofAmorica,h€reby c€rlify that the 6bove snd forBgoing is a full, true snd conect copy oftho Original Pow6r ofAttomoy i6sued by said Compani6s, aod do heri$y furthor cartit that the said Power8 of Atlorney are still in forc6 anc, eflect GIVEN under my hsnd and lhe soah of s€id Companies, at \ibrcester, Masg€chusott6, this 22 day of November 2023. ARLEEN V. Slllotasior.., PublcmErllxc. lsraxltrs rat corn,n aal,on llpk .lro. !5, zoilll _{V CERTIFIED COPY