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Boulders Menifee LLC Material and Labor Bond 339-200-080 1980133FOR: Grading/Electrical Hardscape Amenities Landscape Contingency Total MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) APN 339-200-080 Other Proj. Ref tP22-O25L Bond No. 1980133 59 750.00 Premium $ N/A $750.0059 $ $ $ $ $ Surety The Hanover lnsurance Comoanv Principal Address Boulders Menifee LLC Address 440 Lincoln Skeet 15916 Bernard o Center Drive City/State Worces MA City/State San Dieqo. California zip 01653 zip 92127Phone 508-853 -7200 Phone 760-489-5647 WHEREAS, under the terms of said agreement(s), 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sumof Fiftv Nine Thousand Seven Hundred Fiftv and no/100 Dollars , ($59.750.00) 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 of Menifee 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 of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 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. WHEREAS, the City Council of the City of Menifee, State of California, and -&,gldqg@i&eLLC, (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 '1112112023, is/are hereby referred to and made a part hereof; and, MATERIAL AND LABOR 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 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 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 AUTHORIZED SIGNATURE(S): By:L Name Richard D. Wilson Title: Managing Partner (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: The Hanover lnsurance Company AUTHORIZED SIGNATURE: Alexandra Haas -Its Attorney-in-Fact Title (rF coRPoRATrON, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY]N-FACT. kt A^ 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 lruthfulness, accuracy, or valid of that document. State of Cal County of \((c On (!\br<7 before me,II , qAQ- (i nsert name and tit of office0 personally appeared e,cL".i cl D. r,O''r *o 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/herltheir 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 State of California that the foregoing paragraph is true and correct DIANF 439165 v t+,6'WITNESS my hand and official seal ",s.JSignature(Seal)oC i+ SURETY ACKNOWLEDGMENT STATE OF ARIZONA COUNW OF MARICOPA on this 22nd day of November, fQ!!, before me, a Notary Public, personally appeared Alexandra Hies 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 Comoanv. and acknowledge to me that he (she) subscribed the name of The Hanover lnsurance Compa!U, there as surety, and his (her) own name as Attorney-in-Fact. Debbie Cl NOTARY PUBTIC J une 25. 2026 MY COMMISSION EXPIRES DEBBIE CLAYTON Norary Public, Slrte ol Arizon. Maricopa Counly Com mission , 629 249 My Commrssion Expites June 25 2026 THE HANOVER INSURANCE COUPANY UASSACHUSETTSBAY INSURANCE COTIPANY CITIZENS I SURANCE COMPANY OF AIiIERICA THIS Powe. of Attornoy limitr tho sct! of tho.e n.mcd horoln, .nd they hrvo no ruthorlty to bind the company except in tha mrn]}.r tnd to tho extont hcrDln 3trtod. KNOW ALL PERSONS BY THESE PRESE TS: ThalTHE HANOVER TNSURANCE COMpANy 6nd MASSACHUSETTS BAYINSURANCE COMPANY, both b6in9 corporstrons orgsnized and existing underlh6 t6ws of the Strato of New Hemp3hire, and C|T|ZENS INSURANCE COMPAIIY OF AMERICA, a corporalton orlsnized and oxisting und6r lhe la$/s of tho Strale of Michigan, (hereinafler individually and collectively the 'ComPany') doe6 horeby constiluto end eppoint, Oobbto Cl.yton, B.ian D. Wilder, Holly By.d, TIna mrrb Portina, Alertndra Hlaa endror Rlndi L mo.g.n Of Lovttt & Touche of Tompc a Tuclon, AZ eech individually, ifthere bo more then one named, e3 its true end lawful attomey(s)-in'fac{ to sign, exeorte, 36al ac*nowledge and detiv€r br; 6nd on its bohalt and as rts 6d and de6d 6ny pleco within the Unrted Siates. any and all surBty bonds, rEcoonizances, underbkingg, or other sureti obtigations. The execution of such surely bonds, recognizanc6s, und€rlakings or surely obligations, in pursuanc6 of th666 prBs€nt, shallboas binding upon the C;mps;y as ifth6y had been duly sign6d b, the prosidentand 6ttest6d by ths s€cr6tary of th€ Company, in thoir own poper p6rsons. Provided howevor, that this power of;ttom6y timiG the ecls ol th;so namsd hererni eM they ha\G no authority lo bind th€ Compsny excapt in tho manner stated end to the ext6nt of any limiialion stated below: Any ruch obllgrtion. ln the Unit d St to!, not to orceed Fitty f,illlon rnd t{on00 (t50,qr0,qr0) in .ny .lnglo anlttnce Th al this power is made 6nd executed pursuEnt lo th6 authority ot the following Resolulions p€ss€d by the Board of Dir€dors of 6aid Company, and said Rosolulions remain in full frorco and effac1: RESOLVED: That the Prgsidont or any Mcs Prosident, in conjuncton with any Mce Prosidont, bo and thoy heEby 6r€ authonzed and €mpowered to appoint Anorneys-in-fact ofthe Compsny, in its nam€ and as rt acts, to executo and acknowledge forand on its b€half 68 sur€ty, any and allbonds, reiognizances, _contraas of indemnity, waiwrs of otalion snd ell other writings obligstory in ths nsllr€ thereol, with porrer to attedl thoeto lh6 soal ol the Com-pany. Any such writings 9o ex€cuted by 6uch Attomeys-in-fEct shell bo binding upon tho Company as if they had been duly €xocuted and acknowledged by the regularly glected offic€rs of fl6 Company in the own propor persons. RESOLVED: That any and att Pou6rs of Altomey and Cortifiod Copies of such Pow€.s of Atlomoy and cs.tifcstion rn Especl thereto, oraniod and exocut€d by th6 President or Vice P€ddgnt in coniunction with any Mc€ President otthe Company, shallb€ binding on tho Company lic the 6ame o(ent as ifattsignatures therein lvero manually afixed, ev€n though one ormoro ofeny such srgnatur$ lher€on may bo facaimile. (Adopt€d Gob€r 7, 1981 The Hanover lnsurance Company;Adopled April 14, '1982 - Massachule(s Bay lnsurEnco CohpanyiAdoptBd S€ptember 7,2001 - Cilizons lnsuran@ Company of Arherica 6nd atfrmod by eaci Company on March 24, 2014) POWER OF ATTORNEY IN WTNEsS wHEREoF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANYand CITIZENS INSURANCE COMPANY OF AMERTCA have c€used these pres€nts to b6 seal€d with their resp€ctv€ corporat€ ssals, duly altested by two Vice Pre3idents, lhis 136 day of Aprll, 2023. THE HANOVER IIISU coltPAl{Y rHE H XOVER IXAURAI{CE COIPA'IY IlSSACllU3ETrs BIY llltuR^rc€ co PAIYIASSACXUSETTSCOTIPANYII'EURAXCE COPAXY OF AISR'CAc[rzEl{s ll{A}IY OF Ai'ERICA @-@ THE COMMONWEALTH OF MASSACHUSETIS COUNTY OF IA/ORCESTER )ss On lhis 13 day of Aprll, m23 boiore m€ came the abov€ named ErecrJtrvo Vrce Pre8id€nl6nd Vico Presidont of TIl€ Hanover lnsurance Company, Massaclusatts Bay Insuranco Company and Ctizens lnsuranc6 Corhp6ny of Americ€, to m€ p€rsonelly kno\Nn to be the inclividuals and olfic€rs describ€d herein, 6nd ecknowledged thal the seals affxed to th6 prec€ding instrument ar€ tho corporate s€als of The Hanov$ lnsursnce Company, Massachusetts Bay lnsuranco Company and Cilizon3 lnsuranc€ Company of Amsricr, r6sp€c1ively, snd thet the said corporata seals 6nd their 6ignalur€s as offc€rs wsre duly afixed and subscribed to said inslrum€nt by lh€ eulhority end dirrton of 39id Corporalions tl My Comrnlllloo Erpiro! June t5, 2023 l, the undersigned Vic6 Presidenl of Th€ Hanovor lnsurence Company, Massachusetts Bay lnsurrnce Company and Citizons lnsurance Compal]y of Amlnca hereby certity that the above 6nd brogoing as s full, Irue ehd coroct copy ofthe Original Pow6r ofAtlomey bsued by s6id Companies end do horoby furthgr corti? that lh6 saad Powers of Altomey ale slill in forc€ 6nd eii6cl GIVEN under my hand and lh€ seals of said Companies, al Wbrcester, Massachusetts, this 22'd day of November 2023 -cofr^r.Y of ^rEirc^ W 2023 AFLEET{ V. SIUONSl.oLrt P.btrclmarEArx 0, gssronE6ns ry cotnfir.tbn ltpL.. CERTIFIED COPY Approved for Bonding tP22-025L Boulders cR 1112012023 PARCEL I\,4AP OR TRACT i/AP NO Boulders Mixed Use DATE lPl 10118t2023 22-025L I[/1PROVEIUENTS FAITHFUL PERFORMANCE SECURITY (100% of Estimated Construction Costs) MATERIAL & LABOR SECURITY (""50% of Estimated Construclion Costs) StreevDrainage $ 'Flood Control $ Dom Vur EIV1WD S nec wtr Etr.llwo $Sewer EMWD S 119.399.68 $ $ $ s $ S s 119,500.00 $ $ $ $ $ $ 59 750.00 0.00 0.00 0.00 0.00 0.00 0.00 000 000 0.00 0.00 0.00 0.00 Total Warranty Retention (10%) 't'r9,399.68 11S,s00.00 59,750.00 11,950.00 Construclion items and lheir quantities, as shown on the attached sheets, are accurate for lhe improvements requi.ed to conslruct the above proiect and lhe mathmatical extensions, using City's unat costs, are accurate for determining bonding costs Above amounts do G do not G include additional 20% for recordation prior io having signed plans (Ordinance460, Section 1 0.3E). <tuL-od.18 2423 Signature Richard A. Polhamus Date 2872 10t3112A25 Name Typed or printed RLA#Exp. Date 'Flood Control Conslruclion Cost Estimate to be provided by Flood Control Distric{ Flood Conkol Dislrict letter staling cost estmale. CivalEnginee/s Stamp Provide a copy of ". PLEASE READ INSTRUCTIONS BELOW -' 2. Show Performance Bond Amounts to the nearest $500-00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. *'100% for Flood Control items. 1. Ouantities are to be taken from lhe lmprovement Plans. unit cost are to be as provided on "City of l\,,lenlfee lmprovement Requiremenl Worksheet." 3. For Conslruction items not covered by "The City of l\,lenifee lmprovement Requirements Worksheet". Design Engineer is to provide his opinion of construction cost and use that cost. lf Crty of lvlenifee lJnit Costs are determined to be too low, in the opanion of the design engineer, the higher cosls as provided by the Design Engineer should be used. <4-2782 Ef sDt I OF C ** CITY OF MENIFEE ENGINEERING DEPARTIUENT LANDSCAPE CONSTRUCTION COST WORKSHEET DESIGN ENGINEER'S CALCULATION OF IMPROVEI\,,tENT BONDING COSTS 10118t2023 CITY OF l\,IENIFEE ENGINEERING DEPARTIUENT IMPROVEMENT REOUIREMENT WORKSHEET STREETSCAPE IlllPROVEMENTS LANOSCAPING .IP22O25L ncrete Street Trees ( 24" Box ) includes rool bar.iers 18-Oct-23 18EAS s 10.00 300.00 AMOUNTUNIT cosT UNITOUANTITYITEM s s 5.400.00 0.00 Shrubs $ $ EA EA s s 10.00 2,392.001.00 1950.00 5 960.0020.00EAs5 Gallon Rooted cultings 493 250 l Gallon s $ 21,885.50 10,000.00 t 3.50 10,000.00Casense Controller $lrrigation - Point to Poinl System S.F EA$ 6,253 ff 0.00s27.00Landscape Fill Material c.Y. $ 0.00 '10 000 00s s 0.00 Waler l\,{eter Eleclric Meter Remove trees 7,000.00 10,000.00 3,000.00 EA S 1 EA s EAS 3,126.5050.50Soil Preparalion and Fnish Grade 6,253 S.F. $ 567.00 7,000.00 10,000.00 $ $ s Landscape Fill lvlaterial (mulch) Water lreler Eleclric Meler 1 '1 ls $ 27.00 7,000.00 10,000.00 2 1 S,F, $ c.Y 0.00 15,000.00 $Remove laees 1 -year Landscsape I\raineoance 3.000.00 15,000.001EA$ EA$ Subtotal '18,656.20sAdminiskative Conlingency (20% x A) 7,462.48S 119,399.68$D Strools/Orainage Total (A + B) 1 EA l-elc ]a ,3281.0dT A l