Sutter Mitland 01, LLC Material and Labor Bond PM31822-F TM5224867MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $2 389 750.00 Parcel Map 31822-F
Water System $ 355.750.00 Other Proj. Ref.
Rec. Water System $25,000.00 Bond No. fM5224867
Sewer System $ 317 500.00 Premium lncluded with performance
Total $ 3,088,000.00
Sufety The Guarantee Comoanv of Norlh America USA
Address One Town Square, Suite 1470
Principal
Address
Sutter Mitland 01 LLC
3200 Park Center Dr , Suite 1000
City/State Southfield MI City/State Costa Mesa, CA
Zip 48076 Zip 92626
Phone (248)-281-0281 Phone (714), 427-6868
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 public
improvements relating to TR 31822-F , which agreement(s) isiare hereby refened 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 Three Million
Eiohv-Eioht Thou sand --- 00/100 , Dollars, $ 3.088.000.00 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 of
any and all persons, companies and corporations entitles 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 obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
MATERIAL AND LABOR BOND
NAME OF PRINCIPAL Sufter Mitland 01, LLC_
AUTHORIZED SIGNATURE(S):r /? <--Lt9*'--By
Name
Title:
(tF coRPoRATrON, AFFIX SEAL)
NAME OF SURETY: The Guarantee Com pany of North America USA_
AUTHORIZED SIGNATURE:P
Debra Watterson, Attorney-l n-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
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_April 171h,2019.
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
document.
STATE OF CALIFORNIA
SS
COUNTY OF Orange
On 2019, before me,M Knecht
, Notary Public, personally appeared
who proved to me on the basis ofsatisfactory evidence to be the person(slrvhose name(s)
is,le+e subscribed to the within instrument and acknowledged to me that he/she#hey/executed the same in
his/he#their authorized capacityQes) and that by his/herAheir signature(s) on the instrument the person(s),
or the entity upon behalfofwhich the person(slacted, executed the instrument.
I certifo under PENALry OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MEAGAN KNECHI
)
)
)
olr.t
co,i!. 12117799Xdry Prb{ecdrlrnh
OFA GE COIJXTY
mat Notary
Ccml JUTE 2019
ACKNOWLEDGMENT
A notary public or olher officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certilicate is
attached, and not the truthfulness, accuracy, or
valid of that document
State of
Counly of
Michigan
Oakland )
On 4t17 t2019 before me, Lora o'Brieri
(insert name and title of lhe officer)
personally appeared Debra Watterson
who proved to me on the basis of satisfactory evidence to be lhe person(s) whose name(s) is/are
subscribed to the within inslrument 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 lhe instrument the
person(s), or the entity upon behalf of which the person(s) acled, executed the instrument.
I certiry under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is lrue and correct.
\I/ITNES my hand and offlcial seal Lora O'Bden
Notary Public, Stato ol Mlchlgan
Counly ol Oakland
v4y Commission Explros Aprll 21 , 2024
Acting in Oakland Counfy
S ignature LLfuL ttly
Lora OrB r 1en
(Seal)
***RANTEE
The Guarantee Company of North America USA
Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESEi|TS: ThAI THE GUARANTEE CO''PANY OF NORTH A ERICA USA, A COTPOTAIiON OTgANiZCd ANd EXJStiNg UNdET thE
la\/s oflhe State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Debra Watterson, Edward c. Woods, Kathleen Runestad, Lora O'Brien, Sara Schrauben, Jeffrey Jubera,
Katie Coalson, Edward Devries, Dwight Teter, Casey M. Strohauer, Montina Cenance, Olga Tasselmyer
The Guarantee Company of North America USA
{s kue and laMul aflomey(s)-in-facl to execute, seal and deliver for and on its behalt as surety, any and all bords and undedakirEs, contracts of indemnity
and other r,,/ritings obligat;ry in the nature thereof, which are or may be allov\€d, required or permitled by law, statute, rule, regulation, contract or otheMise.
The execution of such inslrument(s) in pursuance of lhese presents, shall be as binding upon THE GUARANTEE COllPAilY OF NORTH A ERICA USA
as fu y and amply, lo all intenls and purposes, as if the same had b€en duly execuled and acknowledged by ils regulady elected oflSc€rs at lhe principal
oflice.
The Po!4,er of Attorney is executed and may be certified so, and may be revoked. pursuant lo and by authority of Article lX, Section 9.03 ofthe By-Laws
adopted by the Board of Directors ol THE GuAnntrce COmp*fi OF I{ORTH A ERICA USA at a meeting held on the 31d day of December. 2003.
The Presidenl, or any Vice Presidenl, acting wilh any Secretary orAssistant Secretary, shall have po^,er and authority:
1 . To appoint Attorney(s)-in-fact, and to authorize them lo execute on behalf ot the Company, and attach the Seal of the Company thereto, bonds and
underlakings, contracts of indemnity and other writings obligatory in the nalure lhereof; and
2. To revoke, at any time, any such Atlorney-in'facl and revoke the authority given, except 8s provided below
3. tn conneclion wiih obtigatians in favor ofihe Florida Department of Transpbrtation only, it is agreed lhat the pov'/er and authority hereby given to the
Attorney"in Fact includ;s any and allconsenls fo. the release of relained percentages and/or llnalestimates on engineering and c.nstruclion contracts
.equire; by the Stale of Ftorida Department ofTransportation. lt is tully understoodthal consenting to the State of Flo.ida Department of Transportation
mat ,ng payment oftne finalestimate to the Conlraclor and/or rts assignee. shall not relieve this surety company of any of its obligations und,er its bond.
4 tn con;ection wlth obligations in favor of the Kentucky Departmenl of Highways only, it is agreed thal the po\ er and authority hereby gi\€n to the
Attorney-in-Fact cannoi be modified or revoked unless prior witlen personal notice of such inlent has been given to the Commissioner - Department
of Highways of the Common,acalth of Kentucky at least thirty (30) days prior to the modifcalion or rcvocalion.
Further. this Power of Attorney is signed and sealed by facsimile pursuanl to resolution of the Board of Directors of the Company sdopled at a meeting
duly called and held on the 6th day of December 2011, ol wiich lhe following is a lrue excerpi:
RESOLVED lhat the signature ol any authonzed officer and the seal of lhe Company may be aflixed by facsirnile to any Po'r'er of Atlorney or cerlifcation
thereof authonzing the;xecution and delivery of any bond, undertaking, conlracls of indemnaty and other t4ritings obligatory in the nature lhereof. and
such signature and seal when so used shall have lhe same torce and et ect as though manually affxed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AIIIERICA l',SA hAS CAUSEd IhiS iNSTTUMCNI IO bE SigNEd ANd
ils corporale seal to be affixed by its authorized officer, this lst day of March. 20'18.
THE GUARANTEE COTIIPANY OF NORTH AMERICA USA
STATE OF MtcHtcAN Stophsn C. Ru3chak, Prosidgnt A Chbf Operating Offlcer Randall lrussolman, SocEt ry
County o, Oakland
On lhis 1st day of lrarch, 2018 before me came the individuals who executed the preceding inslrument, to me personafiy knowrl. and being by me duly
swom. saict that each is the herein described and authorized offcer of The Guarantee Company of North America USA: that lhe seal affixed to said
inslrument is the Corporate Sealof said Company, thal the Corporate Seal and each signalure $e.e duly aflixed by order ofthe Board of Directors ofsaid
Company
cynthia A Takai tN W|TNESSWHEREOF, lhavehereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of Norlh Anerica USA offic€s lhe day and year above witten.
&/turl_
Counly of Oakland
My Comrnitsion Expircs Februdry 27, 2024
Acting in ooklan.l County
I Randa Mussetman Secrelary of THE GUARANTEE COilIPANY OF i.lORTH A ERICA USA, do hereby certafy thal the above and foregoing il a true
and co(ecl copy of a Power of Anomey executed by THE GUARA TEE COtrlPAtlY OF NORTH A ERICA USA, wtrich is still in fullforce and efiecl.
lN WITNESS WHEREoF I have thereunto set my hand and attached the seal of said company this l Tth day of April 2019
Randall Musselman, Secrolary
tu,,e\(:{G)\i;/
C,^,a,-- A 7-a-Za<--
tu
THE GUARANTEE COMPAI.IY OF NORTE AMENCA USA
Home Olfrce, SouthfuW, Michlgan
STATATORY BAI,4NCE SHEET
Dccambcr 31,2018
ASSETS
Cash and Short-Term InvcstneDts
Marketable Securities
Premium and Agents Balances (under 90 days)
Reinswarco Recoivablc ou paid lossos
Accrued l-utered and Divideads
Nct Defercd Tax Asset
Other Assets
Total Admitted Assets
LIABILITIES
Reserve for Losses and l,oss Adjustrrcnt ExpaDscs
Uncamcd Prcmium Roservc
Accrued Expcnses
Ceded Rcinsurancc Premiums Payable
Taxes, Liccnscs and Fees Payeblc
Fedcral lncomc Tax Payable
Funds Hold
Othcr Liabilitics
Total Liabilitics
CAPITAL AND SURPLUS
Common Stock and Paid-In Capital
Surplus
Total Policyholdcrs' Surplus
Toral Lisbiliries, Capital and Surplus
s 88,50&$7
151,857,941
5,0o7,524
529,66
812,435
L,$7,n3
l-195.27s
$249,549,1E I
s 9,077,422
22,7449s0
4,210,E?5
r,207,940
374,6E
296,4r3
9,869,832
t.844.v)9
s 49.626.979
$144,020,910
5s.ml,82
$199.9222U2
9249,549,1E1
St$r ofMichigm
County of Oalr&d
Stcphm C. Rtrschsl bcirg duly swom, sys: Th.t hc is tE PEsirlit & COO ofTh! Gu.r.Dt . Coog.Dy ofNo.th
A&erics USlq tbd s.id coEpsny is ! coDordion duly ol8loia4 G sfiog, lad.n8i3d ir h8ircls !! r wltyty
viltur of thc |trls of t c St tc of MicbigD, rod hr! drly coroplicd wi$ rll tlE rcquinmcott of thc bw! of !.ld fic
applicsSl. to said cor4rny rnd is duty qurlificd to el as s1lllty undlr $tch lirvq dld said compJry h8 d9 co(Plicd
with ard is duly qualiicd !o oct 6s surcty uDdcr tbc Act ofCoogross of July 30, Ir,l7, .r.ra.dd.d (6 U.S.C &l3I lil
thc forcgoing is e frrll, tu. .nd corrrct itatcrnrnt ofthc finmcirl cordition oflrid collpiby ot ttt 3l'dty of
Dcccmber 20 I 8
Srrom lo bcforE mc tbis l9th day of March 2019
(t,"trn
Nolfr,
/ t -f ,)t- L { /;L.{.'.4,t
Cynthia A Takai
Notary Publlc, Strte ot MkfilOan
County of O8kland
My Cornml!€loD ErdEs Fohuary 27, 2021
Acting ln Oakland County
C.Prasid€rt & COO
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