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Standard Pacific Corp. Material and Labor Bond TR34406-5 929581356:,rl L llr I FOR: Streets and Drainage $005 000 00 Executed in duplicate MA'tERIAL AND LABOR BOND CITY OF I\4ENIFEE, STATE OF CALIFORNIA (Government Code Section 66499. 1) 1 Water Systenr $ 167 500 00 Sewer System $221 250.00 Su rety The Continental lnsurance Company Address 4150 Drinkwater Blvd., Suite4lO Premium gharged is included in charge for performance bond andard Pacific Corp. , a Delaware corporation 255 E. Rincon Street Suite 200 Principal Address St CityiState Phoenix AZ City/State Corona. CA Zip 85251 zip 92879 Phone 480-941-3292 Phone (951) 898-5500 WHEREAS, the City of Menifee, State of California, and Standard Pacific Corp., (hereinafter designated as "princrpal") have entered into, or are about to enter inlo, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 34406-5 (Onsite lmprovements), 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 [Vlenifee 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, malerial persons and other persons employed in the performance of said Civil Code in the sum of ***ONE MILLION THREE HUNDRED NINETY THREE THOUSAND SEVEN HUNDRED FIFTY*-Dollars, 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 forlh, 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 of any and all persons, companies and corporatiorrs entitles to full claims under Ti e '15 (commencing with Section 3082) of Parl4 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, TracUParcel Map Tr. 34406-5 Bond No. 929581356 $1,393,750.00 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 accompanyjng 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on January 7th ,2014 NAIVE OF PRINCIPAL: Standard Pacific Coro., a Delaware corporation AUTHORIZED SIGNATURE(S): By.n Name: Title: Rick tr/l ood (IF CORPORATION, AFFIX SEAL) NAME OF SURETY:The Continental lnsurance Company AUTHORIZED SIGNATURE: Tracy As n, Attorney-in-Fact (lF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT, Authorized Representative CAL!FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqeles JAN - ? 2014 On personally appeared Trac Aston 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/she/tfrey 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 taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. 8. Ar.ErAcoMM *19857 t 3 Nolary Los Como Pubhc Calrtornra Signatureoz,oAngeles Count, res !l 21, n16 a before me, B. Aleman. Notary Public, POwllR OF ATTORNITY APPOINTINc INDIvIDUAL ATTORNITIY-lN-FAC'l' Know All Men By Th€se Prese[ts, That The Continental Insurance Company, a Pennsylvania insumnce company, is a duly organized and existing insurance company having its principal office in the City ofChicago, and State of lllinois. and that it does by vinue of the signature and seal herein affixed hereby ma-ke. constiturc and appoint Tracy Aston, Marina Tapia, Tom Branigan, Edward C Spcctor, Kristine Mendez, Daravy Mady, Lisa K Crail, Simone Gerhard, R Aleman, Individually of Los Angeles, CA, its true and lawful Attomey(s)-in-Fact with full powcr and authority hereby conferred to sign. seal and execute for and on its behalf bonds, unde(akings and other obligatory instruments of si milar naturc - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instrumcnts were signed by a duly authorized officer of the insurance company and all the acts of said Attomey, puNuant to the authority hereby given is hereby ratified and confirmed_ This Power of Attomey is made and executed pursuant to and by authority of lhe By-Law and Resolutions, printed on the rcverse hereof, duly adopted, as indicated, by the Board of Directors ofthe insunnce company. In Witness Whereof, The Continental Insurance Company has caused these prcsents to be signed by its Vice President and its corporate seal to be hereto affixed on this 29th day ofJanuary, 2013. The Continental Insurance Company 1.-,Paul B rLI iit Vice President Slate ofSouth Dakota, County of Minnehaha, ss: On this 29th day ofJanuary,2013, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President ofThe Continental lnsurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insutance company; that the seal affixcd to the said instrument is such corporate seal; that it was so affixed pursuant to authorily given by the Board of Directors of said insurance company and that he signed his name the.eto pursuant lo like authority, and acknowledges samc to be the act and deed of said insurance company. My Commission Expires June 23, 2015 J. Mohr Notafl Public CER'III.ICATE i7.o '.(.) I. D. Bult, Assistant Secretary of The Continental lnsurance Company, a Pennsylvania insurarce company. do hereby certify that (he power ofAttomey herein above set fonh is still in force, and funher ceriify that rhe By-Law and Resolution of the Board of Directors of rhe insurance company printed on the revcrse hereof is still in force. In lestimony whereof I have hereunto subscribed my name and affixed rhe seal of the said insurance company this _ day of JAN -7 20t4 fhe Continental Insurance Company ro O ISE^LI @ J. MOHR NOTAAY PUBTIC SOUTH OA(OTA F'orm F6850-.1/20l2 D. Bult Assistant Sccretary