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Sutter Mitland 01, LLC Rider TM5207444IeroRANrEE' D"tW- /thtfuruor- SURETY RIDER NO. 1 To be attached to and form a part of: BOND NO. TM5207444 Type of Bond: Performance & Material and Labor Bond Date Effective: February 28th,2018 Executed by: Sutter Mitland 01, LLC, as Principal, and by: The Guarantee Company of North America USA, as Surety, in favor of the City of Menifee (Obligee) in consideration of the mutual agreements herein contalned the Principal and the Surety hereby consent to changing the bond amount: FROM: 54,171,500.00 (Performance) S2,085,750.00 (tabor & Material) TO S1,043,000.00 (Performance) 5521,500.00 (l-abor & Material) Nothing herein contained shall vary, alter or extend any provision of condition of this bond except as herein expressly stated. This rider is effective: October 10th,2019 Signed and Sealed: October 18th,2019 Sutter Mitland 01, LLC By (Principal) The Guarantee Company of North America USA By Debra Watterson, Attorney in Fact One Towne Squars, Suit6 1470, Soulhlleld, Michigan, USA48076 I Te|i248.281.0281 1.866.328.0567 | Fax:248.750.0431 theguaranteeus.com @ 2017 The Guarant€€ Company of North America. Th€ Guarantee is a trademark ofThs Guarantee Company of North America. All rights reseNed aJ€ 8*_- Excellence, Expertise, Experience ... Every time A notary public or other officer completing this cerlificate 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. S'I'ATE OF CALIFORNIA ss. COUNl'Y OF Oranse On ,20 9.b orc lllc.ie lle personally appeared proved to nre on the basis of satisfactory evidence to be the persol.l the within instrument and acknowled ed to rne that @she/they/executed th ) ) ) Moss , Notary Public, rvho whose nameq re subscribed to e same tn r/their entity,y4.@n"or theaLrthorized capacity!,$ and that by erltheir signature;pfon the instrument the perso tupon behalf of rvhich the persog@f a , executed the inatrument.c I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rny hand and official seal. l-\ €;J DANIELLE $ONIQIJE ^.OSSNot.ry gubhc'Calilornla a otarv Public0r.nge Count! Commission ,2?54683 $y Comm Expires Aug 17, 2022 7Ur+t A notary public or other officer completing this certiiicate verilies only the identity of the individual who signed the document to which this certiJicate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of Michigan Oakla ) 10t14t2019 before me, Lora O'Briei (insert name and tille of lhe officer) personally appeared who proved to me on Debra Watterson 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/shenhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on lhe instrument the person(s), orlhe entity upon behalf of which the person(s) acted, executed the instrument. I certily under PENALTY OF PERJURY under the laws of the State of California that the forego,ng paragraph is true and correct. Sig nature (Seal) Lora O'Brien Lore O'B en Noterv Publlc' Stetc of Michigen Countv ol Oaklend Mv Commlsslon Expires April 21' 2024 ActlnO ln Oskland CountY ACKNOWLEDGMENT On WITNESS my hand and official seal. 1t(The Guarantee Company of North America USA Southfield, MichiganGUARANTEE' POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of lhe State of [,Iichigan, having its principal ofllce in Southfield, Michigan, does hereby constitute and appoinl Debra Watterson, Edward G. Woods, Kathleen Runestad, Lora O'Brien Sara Schrauben, Jefftey Jubera, Katie Coalson, Edward Devries, Dwight Teter Casey M. Strohauer, Montina Cenance, Olga Tasselmyer The Guarantee Company of North America USA its true and laMul atlorney(s),in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, cont.acts of indemnity and other writings obligatory in the nature thereof, which are or may be allolaed. required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such inslrument(s) in pursuance oflhese presents, shallbe as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected offcers at the pdncipal office The Po\ €r of Atlorney is executed and may be cerlilied so, and may be revoked, pursuant lo and by authonty of Article lX, Section 9.03 of the By-Laws adopled by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AiIERICA USA at a meeting held on the 31" day of Oecember, 2003. The President. or any Vice President, acting with any Sec.etary or Assislant Secretary, shall have power and autho.ity: 't To appoint Atlorney(s)-in-fact, and to authorize them to execule on behalf of the Company, and altach the Seal of the Company lhereto, bonds and underlakings, conlracts of indemnity and other wilings obligatory in the nature thereof: and2 To revoke, al any time, any such Attorney-in{act and revoke lhe authorily given, except as provided below3 ln conneclion with obligations in favor of lhe Florida Department of Transportalion only, it is agreed lhal the polver and authority hereby given lo the Allorney-in-Fact includes any and allconsenls forlhe release of retained percentages and/or finalestimales on engineenng and construclion contracls required by the State of Florida Departmenl of Transportatjon lt is fully understood that consenting to lhe State of Florida Department of Transportation making payment oflhe llnal estimate lo the Conkactor and/o. ils assignee, shall not relieve this surely company of any of its obligalions under its bond.4 in connection with obligalions in favor of the Kentucky Department of Highways only, it is agreed that lhe po$€r and authority hereby given to the Attorney-in-Facl cannol be modilied or revoked unless prior written personal nolice of such intenl has been given to the Commissioner - Deparlmenl of Highways of lhe Common\4ealth of Kentucky al leasl thirty (30) days prior to the moditcation or revocalion. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted al a meeting duly called and held on lhe 6th day of December 201 1, of which the followng is a lrue excerpl: RESOLVED that the signature of any authorized oflicer and lhe seal of the Company may be afllxed by facsimile to any Power oI Attomey or certification lhereof authorizing the execution and delivery ot any bond. undertaking, conlracts of indemnity and other w'itings obligatory in the nature lhereof, and such signature and sealwhen so used shall have the same force and effect as lhough manually affixed. lN WITNESS WHEREOF. THE GUARANTEE COMPANY OF NORTH AI{ERICA USA has caused this instrumenl lo be signed and its corporate seal lo be aflixed by its aulhorized ofrlcer, this 1st day of March, 2018 THE GUARANTEE COMPANY OF NORTH AMERICA USA W4U*1/- STATE OF iIICHIGA]'i County ot Oakland Stephen C. Ruschak, President & Chief Operating Officer Randall I{ussolman, Socrotary On this lst day of N,4arch. 20'18 before me came the individuals who executed the preceding instrumenl. lo me personally kno,/vrr. and being by me duly sworn, said that each is the herein described and authorized offcer of The Guarantee Company of North Ame.ica USAi that lhe seal aflixed to said inslrument is the Corporale Seal of said Company; that lhe Co.porale Seal and each signature $€re duly afiixed by order of the Eoard of Directors of said Company. lN WITNESS WHEREOF, I have hereunto sel my hand at The Guaranlee Company of North America USA offices the day and year above lwitten. ,.?'7 ^-tAt-1, A. 7-aJ4-<-- L Randall Musselman. Secretary of THE GUARANTEE COMPANY OF NORTH AITERICA USA. do hereby ceriify that the above and fo.egoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPAT{Y OF NORTH AIUERICA USA, v/hich is still in full force and eflect. lN WITNESS WHEREoF, I have lhereunlo set my hand and attached the sealof said Company this l8th day of October , 2019 Cynthia A. Takai Notary Public, State ol Michigan County of Oakland My Commission Expit s Februory 27,2021 A.ting in ooNond county Randall Mussolman, Socrotary /trr\(:i@i)\iB/tu vfu THE GUARANTEE COMPANY OF NORTE AMERIAN USA Home Ofiice, Soulhfreld, Michigan STATWORY BALANCE SHEET D.ccmb€r il, 2018 ASSETS Cash and Short-Term Invcstnedts Marketable Securities Prcmium and Agetrts Balances (urder 90 days) Roinsurance Recoivablo ou paid losscs Accrued Intsre$ and Dividonds Not Defened Tax Asset Othcr Assets Total Admitted Assets Common Stock and Paid-kr Capital Surplus Total Policyholdcrs' Surphrs Sworn to bcforc mc thiE l9th day of Mrr$b 2019. tl J* / ) 'l i/'_ -// -cr',t.3_ L,. /^.{:.!tt-_ ^or'y cynthia A Td(ai Notary Publlc, Stalo ot Mhr gan County of Oakla{d l,ly Commllslofl Exdr.8 F.boary 27, 2m4 Actlng ln Oakland county $ 88,508,407 15 r,857,94I 5,00't,524 s29,66 812435 1,517,933 1.195.27s $249,549,1E1 LIABILTTMS Reserve for Losses and Loss Adjuslrrent Expcnses Uncamcd Prcmium Roserve Accrued Expcnses Ceded Rcinsuraace Premiums Payablc Taxcs, Licenscs and Fees Payable Fcdaal Income Tax Payable Funds Hold Other Liabilities Total Liabilities g 49.626.919 CAPITAL AND SI]RPLUS s144,0209't0 55.901232 Total Liabilities, Capital and Surplus $199922202 $24::541'," Stqt ofMichiS!tr Colmty of Oaklud Slcphcn C. Ruschrlbcing duly swom, sys: Thsl te is tE Ptrsiri6rt & COO ofThr Citrf.ltcc CoEploy ofNorth Ao.rics USA: tbd srid coEpsDy i! a corpotdion duly orgaiu4 cxi*irg, aod cag4cd io hsiacsr I a srlay by virhrc of thc lrws of tic Statc of MicbigrL lild h!3 duty caoplicd wirl sll thc rlquirle(tr8 of tho hw! of sdd do rpplicsbl. to said c@psny lDd is duly qudificd to arl rs Etr.ty undcr $ch hwq fhd srid oompany bs dr coqlictl widl aod is duly quslificd to nd rs surcty wdcr tbc Ad of CoDgrgss of July 30, Ig,|7, .. @!od.d (6 U.S.C 613):6r tlc forcSoing k 6 irll, tuc dtd coftct stdcmcit ofrhc firrncid condition of sdd coorgroy oo thc 3lr dry of Dcccrnbcr 20 I t g 9,077,422 22,7449s0 4,2l0,A5 1,207,940 374,68 296,4t3 9,869,832 t.844.929 C.Prcsid.at & COO I I I