Sutter Mitland 01, LLC Faithful Performance Bond TCS0171847 1001120608Bond No.: 1001 '120608 /TCS0171847
Bond Premium: $1,728.00 USD
Com m unity Development Department
FAITHFUL PERFORMANCE BOND
FOR
FOR LANDSCAPE:
1 - Year Maintenance. $13,609.05 Tract/Parcel Map No. 31a22-F
Total cost Estimate: $325,952.99 Other Project No PP 2018-183
The followino to be comDleted bv the ADolicant
Surety: U.S. Specialty lnsurance Company Principal. Sutter Mitland 0'1 LLC
Address: 601 S. Figueroa Street, Suite 1600 Address: 3200 Park Center Drive, Suite 1000
City/State. Los Angeles, CA City/State Costa Mesa, CA
Zip Code: 900 17 Zip Code. 92626
Phone: 1-8oo-284-4627 Phone; 714-200- 1609
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 described landscape, including any additional
landscape materials, related to (Tract/Parcel) Tracl31822-F, Planning Area 5 Slopes, Streetscape and
Basin Maintained Landscape Area within Audie Murphy Ranch Specific Plan (as shown on Exhibit L of
Plot Plan No. 2018-183), 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 principal and !.s.!pggielly.l19gle!99 tgrpgly. as surety, are held and firmly
bound unto the City of Menifee in the penal sum of THREE HUNDRED TWEN TY FIVE THOUSAND
NINE HUNDRED FIFTY TWO AND EIG HTY ETGHT CENTS ($325.952.88). Ialvful 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,
admrnistrators, 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 in 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 obligation, all to be taxed as costs and included in
any judgment rendered.
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT
AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
2r.
IT
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the teims 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.
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION
IMPROVEMENT AGREEMENT
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on January 29 2019
NAME OF PRINCIPAL Sutter Mitland 01 LLC
AUTHORTZED STGNATU RE(S)
CBy
Name
Title:
DAVID E.BARTLETT
Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: U.S. Specialty lnsurance Company
AUTHORIZED SIGNATURE
Its orney-in-Fa Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
[1./'J--
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the document to
which this cefiificate is attached, and not the
truthfulness, accuracy, or validity of that
document-
STATE OF CAI,IFORNIA
5S
COt,'i.lTY OF
ont \J 2019,before me
)
)()
e Nolary ['Lrb lic.
who
ibed kr
personally appeared
proved to me on the basis of satisfactory evidence to be S
thc rvithin inslrumenl and ackrrorv ged to me that sarne !r'l cr/l hc ir
authorized capac erltheir signatu personp{ or the entity
upon behalfofw d, executed the instrurneut
I certifr under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official scal
DANIEtLE l,l0NlqUE OSS
Rot.ry Public' California
oran8e Couoty
Commislion, ?15't6E3
L y comm. E-xpiresauE 17, 2022
74*t
Notarl Pu blic
the
t l)c
@ Lrt
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF ConnecticltL
COUNTY OF Hartford
On "11 ?.bl\before me ,olA4 a nota ry pubtic, personatty
appeared Jutie Baitv 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 acknowtedged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that be his/her/their
signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted,
executed this instrument.
I certify under PENALTY OF PERJURY under the taws of the State of Connecticut that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
(sic re of ry Pubtic)
Tvler UndetcufflEr
Notarv Priuic, State of Connecticut
i,ty Commissron Expirss S€p' 30' 2022
POWEROFATTORNEY
AMERTcAN CoNTRAcroRs INDEMNITY CoMPANY U.S. SPEcIALTY INSURANcE CoMPANY
KNOW ALL MEN By THESE PRESENTS; That American contractors Indemnity company, a califomia corporation, and U.S
special(y Insurance company, a Texas corporation (collectively, the "companies"), do by these presents make, coNtitute and appoint:
Julis Baily, Matthew J. Beernaert, Jason Hilby, Brian J, Steele or Tyler underculller of Farmington, connecticut
Corporate Seals
By:
its true and lawful Attomey(s)-in-fact, €ach in thei! separate capacity if more than one is named above, with full power ard authority
hereby confened in its namj, place and stead, to cxecute, acknowtedgc and deliver r[y and sll bondS, recognlzsnces, undertskltrEs
or other instrumerts or contrrcts of suretyshlp to lnclude rlders, smerdments, rnd consents of surety, plgYlgltlg- !!c- !9nd
penslty does not erceed ir**.**S"""nt, Fi"" Mlliignfir*** . . - - Dollars ($-rE{99@Q.09*. ). -
ihi,po*",ofAttomey,@ol9.ThisPov/erofAttomeyisgrantedunderandby
authority ofthe following resolutions adopted by the Bosrds of Dire{tors ofthe Companies:
"..{'llllli;;:?..-
+-
Be it Resotve(t, thar rhc prcsidcnq ary Vice-Pre6idenr, 6ry Asrisranr Vicc-P.csidcnt, any Secr.lary ot sny Assislsni Srcrciary-shall^be and is hcrcby vcsted wi$ full
power afld authority to appornt any one or morc suiubli pe'rsoos as ettomcyls)-in-Fact to rcprcscni and acl for and on tt€half of lhc company subjccl lo thc following
Auon,ef-in-Foct rnay bc given full power and aulhority for and in the name of and on bchalf ofth. Company, io .rcculc, acknowlcd8c snd delivcr' .ny and all bonds,
,ccogni.un"c", "ontro'"s, igr....ns or indemniry ani other condirional or obligatory undenstings, including sny and all conscnls for ihe relcale of rctaioed
percinragcs and,/or final est-imatcs on engincering ind coDrEuction conEacts, ana uiy una Ot ooticcs and documcnts csllc€lin8 or l.rminating th€ Company's Iiatility
thercunder, snd any such ,nrmrlll"nr" "o "*""r,iby sny such ABomey-in-Fact shall 6c binding upot thc compsny as ifsiSncd by lhe Prcsident and scalcd 'nd eff'cted
by the Corporale Sccret!ry.
Be tt Resol.]ed, that the signarurc of any auihoriz€d oflic€r a scal of thc Company hcretofori or hcroaftcr afl'ixcd to any powcr of anomcy or any crnificatc rclstiDg
th.reto by facsimilc, anal an! power ofattomey or ccrtificarc bcadng facsimilc sig;aturc or fscsimile Ecal 6hrll bc vslid and binding uPon dlc Company widr rerPccl to any
bond or undeiaking 1o which it is attachcd.
lN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their coryorate seals to be hereto affixed, this
I st day ofNovember, 2016.
AMERTCAN CoNTRACToRS INDEMNTTY CoMpANy U.S. SpEcTALTY lNsuRANcE CoMPANY
A notary public or other ollicer completing this certificate verifies only the identity ofthe individual who signcd the
documeni to which this certificate is attached, and not the truthfulness, accuracy, or validity oftlat document.
state of Califomia
County ofLos Angeles SS:
On rhis Isldayof November,2016, before me, Sabina Morgenst€in, a notary public, personally appeared Daniel P Aguilar, Vice President ol American
Conrractors l;dcmnity Company and U.S. Spe;islty tnsurdce Company wiro proved to me on the basis of satisfactory evidence to bo the pe.son whose
namc is subscribed to the within insmmcnt and actnowledged to ma that he ex;cuted thc same in his luthorized ctpacity, &nd that by his signature oo the
instrument the person, or the entity upou behalfofwhich the person acted, executed the instsumcnt
I cenify undcr PENALTY OF PERJURY under the laws ofrhe State ofcalifomia thst lhe forcgoing paragraph is truc and corect.
Corporate Seals
BondNo. / 0O )l9|u09
Daniel P. Agull ice P
(Seal)Signarure
l, Kio Lo, Assistrnt Secrctary of Americsn Contrsctors InderBnity Company and U.S, Specialty Insutsnca Company, do hercby certiry that the above
&nd foregoing is a true and concct copy ofa Power ofAnomey, cxecuted by said Comprnics, which is still in full force 8rd cffect; furthermore, thc
rcsolutions ofthe Boards of Directors, set out in the Power of AttoDey are in full force ald cffcct.
ln Wiggss Whercof, I haveof .\an[ ranJ set my hand and affxed the seals ofsaid Companies at Los Angeles,Califomia this -8!*,hereunto&tgI .r.'"r.1::rlYli{l',.,..t' . r., ..5.2.,
i,iWij Kio Lo, AssistaDt Secretary
sAElIA M0hG[!lsllll
Comlnlr3ion r 2l2925C
tlol.ry Publlc ' C.lllotnll
Lot Ancalas Court,
Nor
Agency No.90r6
To inquke about this bond, pleas€ write ic uo ti lursty-bondlnquiry@hcc.com
WITNESS my hand and olncialseal.
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