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Sutter Mitland 01, LLC Faithful Performance Bond TM31822-F 30074490Bond No. 30074490 Community Development Department FAITHFUL PERFORMANCE BOND FOR LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT CITY OF IVENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year of Maintenance ${ 3,500 TracUParcel Map No. 31A22-F Total Cost Estimate: $ { 23,022,90 Other Project No PP 2019-042 Westward Gircle Streetscape The followinq to be completed bv the Aoolicant Surety: Continental Casualty Company Principal Sutter Mitland 01 LLC Address: '151 N. Franklin Street Address: 3200 park center Dr., suite 10oo City/State: chicago,tL City/State costa Mesa CA Zip Code: 60606 Zip Code: s2626 Phone: 312-822-5ooo Phone 7 1 4-427 -2424 WHEREAS, the City of lvlenifee, 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 maintain all landscape, including any additional landscape materials, related to HOA Maintained streetscape within Planning Area 4 of the Audie Murphy Ranch Specific Plan, (as shown on Exhibit L or Plot Plan 2O1S-042). The principal agrees to install and maintain all landscape and any additional landscape materials, related to TR 31822-F, Plot Plan 2019-042 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 pflncipa I and Continental Casualty Company as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Twentv Three Thousand Twentv Two 80/100 Dollars ($123,022.80) 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 an 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 oblrgation, all to be taxed as costs and included in any judgment rendered. FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT 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. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Julv 8th 2019 NAME OF PRINCIPAL: Sutter Mitland 01 LLc AUTHORIZED SIGNATURE(S) By: David E. Bartlett Vice President (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Continental Casualty Company AUTHORIZED SIGNATURE lVlarina Tapia, Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL ANO ATTORNEY.IN.FACT. Q,/ s t9,,.*- Na me: Tifle: -{Yk,a4D Title 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 truthfulness, accuracy, or validity of that dooument. STATE OF CALIFORNIA ss COUNTY OF Orange on *.\ttt \-+, 2019, before rne, _, Notary ublic, personally appeared Meagan Knecht)aua E.ea-.,+tztt who proved to me on the basis of satisfactory evidence to be the person(6) whose name(s) islarssubscribed to the within instrument and acknowledged to me that he/shelthey/executed the same in his/hcrltheir authorized capacity(ies) and that by his/he#their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifo 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. vrecrN xruecni COMM OFANG N ICNOTARY PU8 MY COMMISSION EXPIFES ) ) ) z { JUNE 29 2023 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 certitlcate is attached, and not the truthfulness, accuracy, or validity ofthat document Srate of Calilbrnia County ol Los An eles On JUL 0 8 2019 befbre me, Sam Fazzini. Notary Public, personally appeared Marina-l'a l)ia who proved to me on the basis ofsatisfactory 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/thei+ authorized capacity(ies), and that byJ+isiherlthei+ signature(s) on the instrument the persone, or the entity upon behalf of which the person(s) acted, executed the instrument. sAtil FAUZIt{l Crmm. Er es r. 1 coMM. #2192 Notary Public.Calilorlia vo Los Angeles Coun |19 z I ce(ify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and of tlcial seal. Signature Signat Public od.z ty 6,2021 POIVER OF ATTORNE!' APPOTN'I lNG INDIVIDUAI, A1'l'OR\-El -lN-l'AC'l' Know All Men lly These Presents, That Conlincntal Casualty Conrpany. an lllinois instrrancc conrprny. Nalional Firc lnsurancc Company ol Harttbrd, an Illinois insurance company. and American Casual(y Company of Reading. Pcnnsylvania, a Pcnnsylvania insurance company (hcrcin called and that they do by virlue ol the signaturcs and scals herein alllxed hcreby make. constilute and appoint Tracy Aston. Tom Branigan, Edward C Spector, Lisa K Crail, Simone (ierhard, B Aleman, K D Wapato, April Martinez, Samantha Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, lndividually of Los Angeles, CA, their true and lawful Attomey(s)-in-Fact with firll power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undenakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thercby as fully and to the samc cxtent as if such instruments were signed by a duly authorized officer of thear insurance companies and all the acts of said Attomey, pursuant to the authority hereby given is hercby ratified and confirmed. This Power of Attomcy is made and executed pursuant to and by authority of the By-t-aw and Resolutions, printed on the reverse hereof, duly adopted, as indicated. by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by (heir Vice President and their corporate seals to be hereto affixed on this I3th day ofFebruary, 2019. Continental Casualty Company National Fire Insurance Company of Hartford American Cas Ity Company of Reading, Pennsylvania / Paul T. Bruflat State of South Dakota, County of Minnehaha, ss: On th is I 3th day of February. 2019, before me personally come Paul T. Bruflat to mc known, who, being by me duly swom, did depose and say: that he resides in thc City of Sioux Falls. State of South Dakota: that he is a Vice President of Conrinental Casualty Company, an Ilinois insurancc company, National Fire Insurance Company of Hanford, an Ilinois insurance company, and American Casualty Company of Reading, Pennsylvania. a Pennsylvania insurance company described in and which executed the above insrrument; thar he knows the seals oIsaid insurance companies; thar th€ seals affixed to the said instrument are such corporate seals; that they were so affixed pumuanl to autho.ity given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledgcs same to be the act and deed of said insurancc companies. My Commission Expires June 23. 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary ofContincnlal Casualty Company, an lllinois insurancc company, National Fire Insurance Company of Hantb.d. an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby cenify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurancc companics printed on the reverse hereof is still in force. day of L ,..JUf yd"f .fflyave hcrcunto subscribed my name and aflixed the seal of the said insurance companies this Continental Casualty Company National Fire Insurance Company of Hanford American Casualty Company of Rcading, Pennsylvania D. Johnson Assistant Secretary Form F6853 4/2012 NSUe r$mr ofl alo ,uU !r.!!!2 ^\ a SEAL r897 ASc z 6J, MOHR SEAL 1897 .rs f4{lao ,JUtY II t90l a Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Vice President J**- Authorizing 13y-l,aws and Resolutions ADOSIED BY THE BOARD OF DIRECTORS OI CONTINENTAL CASUALl'Y COMPANY This Powet of AIlo.ney is madc and cxccutcd pursuant lo ,nd by authority of the fbltowing rcsolution duly irdopted by thc Board of Directors ol-thc Company at a meetiog held on May 12, 1995: "RESOLVED: That any Scnior or Cmup Vice President may 0uthorizc an officer to sign specific documents. xgreements and insrrumcnts on behtlf of lhe Compirny provided lhal lhe nnrne of such luthorized ollia€r xnd a dcscription o[ lhe d(rumcnls, agreen]cnt\ or instruntenls lhal such ofllcer l))ay sign will be providcd in writing by lhe Senior or Croup Vice President to thc Sccretary oI thc Cornptny prior to such cxecution beconling effective." This Power of Allomey is signed by Paul T. Bruflat, vice Presidcnt, who has been aulhorized punjuanl lo lhe above rcsolution to erecure powcr ol' attomeys on behalf of Conlinenlal Casualty Company. This Power of Atomey is siSned and scilled by tacsimile under rnd hy lhc :rulhority of the following Resolution adopred by rhe Board of Directors of lhe Company by unanrmous written consenr dirled thc 25'i day of Aprit, 20Il: ''Whereas. the bylaws of the Comp.lny or \prcili. resolution ol thc Board of Dircctors h.ls authorized various olliccrs (thc Authorized Officers') o execule various policics. bonds. undertakings rnd other obligatory instrumcnts ol'likc narurc; and Whercas, liom timc lo lime, lhc signalurc ol lhc Authorizcd Ofhccrs. in addilion lo treing p.olidcd in originirl, hard copy formar, may be provided via facsirnile or othcrwise in an elcctronic llrmrl (colllrctively, "Elcctronic Signatu.es"); Now lhcrelbre be it resolved: thll rhe Electronic Signalure ol any Authorized Ofllccr shall bc valid and hindinS on rhc Comprny-" ADOPTED 8Y THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Powcr ol Attomcy is mlrde nnd cxccuted pursurnt ro lrnd by aulhority ol thc tbllowing rcsolution duly ndopted by thc Board of Dircctors of thc Company hy unanili|()us wrillcn conscnl dllcd Mny lO, 1995: "RESOLVED: That any Senior or Croup vicc Prcsidenl may authorizc an olliccr to sign spccillc docuDrcnrs. agreements and inslruments on behnll ol- the Company provided lhat the narnc ol such :ruthorized officcr nnd a dcscription ol lhc docunrcnls. irgrccnlcnts or instrumenls tl'ut such ofllcer may sign u'ill be provided in writing by lhc Scnior or Oroup vice Prcsidcnt k) Ihc Sccrctfiy of thc Conrpany prior to such execution hcconting effcctivc. ' This Power of Attomey is signed by Paul T. Bruflill, Vice Presidcnl. who has trcen aulhorizcd puniu:rnl to rhe above rcsolution to executc powcr of atlomeys on behalfof National fire lnsurancc Company of Hanford. This Power of A(omcy is signcd rnd scitlcd hy lacsinli:c undcr rnd by thc cu(horily of the lbllowing Resolution:rdopted by lhe Board of Direclors of the Company by unanimous wriltcn conscnl da(cd thc 25'h dty ol April, 2012: "Whereas. lhc bylaws ol lhe Company or spccilic resolution ol thc Boilrd of Dirccrcni has rulhorilcd v rious officcrs (lhc "Authorized Ol-ficcrs') to execule various policies, bonds, undcdalings and othcr obligirrcry insltumcnts of likc nalure; and whereas, from lime to lime, the signature ol rhe Authorized Otficcni, in addilion to being provided in original, hard copy formal. may be provided via facsimile or otherwise in an electronic formal (collectively, "Electronic Signalures"); Now the.eforc bc it rcsolved: rhar the Electronic Signature of any Authorizcd Officer shall be valid and binding on rhe Company." ADOPI-ED BY THE BOARD OF DIRECTORS 0I. AI\IERICAN CASUAI-1'Y COMPANY OF READINC. PENNSYLVANIA This Powcr of Attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: Thal any Senior or Croup Vice President may authorize an officer to sign specific documents, aSreements 0nd instruments on behalf of the Comprny provided that the nanre of such aulhorized officer and a description of the documents, agreemenb or instrumenlr lhat such officer may siSn will bc provided in writing by the Senior or Group vice President to rhe Secrelary of the Company prior lo such e)(ecution bccoming effective." This Power of Attomey is signed by Paul T. Bruflat, Vice President, who has be€n aulhorized puniuant to the above resolution to execute power of attomeys on behalf of American Casualty Company of Reading, Pennsylvlnia. This Power of Atlomey is signed and sealed by facsimile under and by rhe authority of the following Resolution adopted by the Board of Directors of lhe Company by unanimous written consent datcd lhc 25'h day ofApril,20l2i ''Whereas, lhe bylaws of the Company or specific resolution of the Board of DirectoE has authorized various officers (the "Authorized Officers") to cxeculc various policies, bonds, undenakings and otherobligatory instruments of like nature: and Whereas. from time to time, the signature of the Authorized Officeni. in addition to being provided in original, hard copy format, may be provided via lacsimile or othcrwise in an electronic format (collectively, "Electronic Signatures"); Now thercfore be it resolved: that lhe Electronic Signature of any Authorized Otticer shall be valid and bilding on the Company."