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Pinehurst, LLC Faithful Performance Bond TR28789-2 759680Sr r ?t^^:-i:TI7la- r.r€ FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 28789-2 759680S FOR: Streets and Drainage Water System Sewer System $ $ 286,000.0 Tract Map Bond No. Premium 0 Surety Developers surety And Indeunity AddreSS Company P 0 Box 19725 $ 4 , s76.00 Princrpal Pinehurst LLC Address 1000 Dove Street Suite 100 $ City/State rrwine - cA City/State Newport Beach, CA Zip code 92623 Zip 92660 Phsng 1-800-782-1546 Phone (949) 660-8988 WHEREAS, the City of Menifee, State of California,and Pinehurst. LLG (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 28789-2 , 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 [evelopers Surety And Indeurnityt:^mn.n17 ,as surety, are held and firmly bound unto the City of ivleiifee in the penal sum of Two Hundred Eiqhtv Six Thousand and no/100 , Dollars, $ 286,000.00 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. 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. Executed in triplica t e 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 in full force and effect. Executed in t rlp licate FAITHFUL PERFORMANCE 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 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. When the work covered by the agreement is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements(s). lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named,on October 6 20t6 NAME OF PRINCIPAL:Pinehurst LLC AUTHORTZED STGNATURE(S): By: Pacific Communities Builder, lnc., its Manager By: Name: Ne hungTitle: Pre ent (rF coRPoRATtON, AFFrX SEAL) NAME OF SURETY: Developers Surety And IndexnnLty Company AUTHORIZED SIGNATURE: Its Attorney-in-Fact Morag A. Corey Title At t orney-in-Fac r (rF coRPoRATtON, AFFTX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN-FACT. lr --."f -G-. ctvtL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificale is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On September 26, 2016 before me,Araceli Esqu ivel,Notary Public Here lnseri Name and Title of the Officer Nelson Chung who proved to me on the basis of satisfactory evidence to be the qersgnl\ whose name\ is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherltHr authorized capacityfics! and that by his/he+l+hei+ signatureN on the instrument the personls), or the entity upon behalf of which the person|g acted, executed the instrument. nPartner - D Limited E General D lndividual ! Attornev !:, iact n Trustee ! Gr r:, oian or Conservator I certify 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 sealz ARACELI ESOUIVEL Commission # 2096669 Nolary Public - Calitornia 0range County zz t\,1 Comm. E ires Jan 11,2019 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL ikough this section is optional, completing this information can deter alteration of the document jr fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _Documenr late: Number of Pages: _ Signer(:) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name:Siqner's Name: E Corporate Officer - Title(s)tr Corl:3rate Officer - Title(s) tr Other: _tr Other: Signer ls Flepresenting: 02014 National Notary Association . www.NationalNotary.org .'1-800-US NOTARY (1-800-876-6827) ltem #5907 CALIFORI{IA ALL.PURPOSE ACKNOWLEDGMEI{T Date personally appeared ) ) Name(s) of Signe4s) !Partner - I Limited ! General n lndividual a .Attorney in Fact E Trustee ! Guard;3n or Conservator Signer ls F.presenting: @ KNoWALL BY IHESE PRESENTS thal except as exprsssly limilod. DEVELoPERS SURETY AND INDEMNITY COIVPANY and INDEI4NlTY Co|',4PANY OF CALIFORNIA, do each hereby make consblute and appoint "*Eric Englund, Deanna Wersch, Lisa Mc Clellan, Matt Skelton, Sean Flinn, Blaine D. Williamson, Morag A. Corey, jointly or sev€rally*"' presents, are hereby ratified and conlimed ANo INDEMNITY ColtlPANY and INDEMNIIY COMPANY OF CALIFORNTq, efHive as ofJanuary lst, 2008. RESOLVED, hat a combination ol any lwo o, lie Charman ol the Board, the President Executve McePresidenl, Senor Vice-President or any Vice Presdgnt of lhe lo atlest lhe exedtion ofany such Power ofAtlomey POWER OF ATTORNEY FOR DEV€LOPERS SURETY AND INOEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA P0 Box 19725. lRVlNE. CA 92623 (949) 263 3300 RESoLVED, FURTHER, that lhe signatures of such oflic€G may be aflixed to any s!ch Powor olAnorney or to any certilicate relatrng thereto by facsimile, and any such or contract ofsuretyship towhich it is attachod. lN WITN ESS WHEREoF DEVELoPERS SUREIY AND lNDEi,4NlTY Colt4PAN Y and lN DEMN ITY CoMPANY 0F CALIFORNIA have sevemlly caused Lhese presenls to be signed by lherr respective oflicers and attested by their respeclive Secrctary orAssislant Se.retary this 18th day ofApnl 2016 By 8y Daniel Young Senior Vice-P.esident l'lark Lansdon t/ice Presrdent r967 A notary public or other ofiicer completing this certifcate verifies only the identity of the individualwho signed the document to which this certificate ;s aftached, and not the truthfulness, accuracy, or validity of that document. Stale of Calfornia County of orange O'r Aorl 20r6 belore me.Lucrle Raymond, Notary Publc ith li*1 Nm. *d lllb ol h. ofi@. Danrel Younq and l\rark Lansdonpersonally appeared ruclLLt RAt 0r0 Commisrioo , 20tl0a5 ol.ry Public - Cdlromi. 0raner County Comm oct I mr8 Place Notary SealAbove This Certfic€te is executed in he City of lMne, Cali,ornia his lmb) ol S(F.(3) who proved to me on he basis of satishctory evidence to be he p€rsm{s) whose nameis} is/are subscribsd to lhe witrin insflment and acknorvledged lo me hal hdshelthey exeorted dre same in hithe/hei authorized capacity(i6), and hat by higtefllheir si9natur6{s) on he instument lhe p€rson(s), or lhe enltly lpon behatf of vrhidr he persoi(sladed, exool€d lhg instumeol. lcertrfy under PENALTY 0F PERJURY under lhe laws of the State of Califomia hal the lorogoing parag€ph is hue and corecl WITNESS my hand and oflicialseal Srgnalure tu CERTIFICATE d Notary Public The undersigned, as Secretary orAssistant Secrctary ofDEVELoPERS SURETYAND INDEI\4NlTY CoIVPANY or INDEMNITY COMPANY 0F CALIFoRNIA, does hereby sa d corporations set forlh in the Power of Attorney are in lorce as of the date of lhis Certrficate By Ctdg p-;S*,a_ocT 5 r967 Carsie J l0-1380 (Rev 04/16) f]"t**.rrw Sh day of O.tob€r 2016 1936 ,#"r-bl&i'-= ocr v \-1iHi !o la\o)- te3G 7j!aY,Xso-Sy STATE OF OREGON COUNW OF CLACKAI\,4AS l 10-6-16 before me,LISA ANN McCLELLAN (here insert name of notary) personally appeared MORAG A, COREY (name(s) ot Signe4s)) personally known to me (or proved to me on the basis ol satisfactory evidence) to be the person(s) whose name(s) is/A(e subscribed to the within instrument and acknowledged to me that h//shert$y execuled he same in t/sherlty'et authoized capacityls). ana tnat Oy dsnerttlqi signature(fl on the instrument the person(rl, or the entfty upon behalf of which the person() actea. executed lhe instrument. WITNESS my hand and ofticial seal Signature /lott^-(SEAL) OFFICIAT SEA. USA ANN ttc CLEL!Ar! NOTARY PUBLIC - Of,EGO:; coMMlssloN No 47401a [rY COMMISSION EXPIBES DECEMBER 1r ].rr' This area fLtt Olliciul NLttoritl Scol -OPTIONAL- Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT E tt'totvtounr E coRpoRlre orrtcen TITLE OF TYPE OF DOCUIVENT TITLE(S) E pnnrnrn(s)E r-ttr.ltreo E oerueRnl E nrroRnry-n-rncr E rnusreels; E cunRotnvcor'TsERVAToR E o+reR: NU[,4BER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEf]SON(S) OR ENTIIY(IES) Developers Surety And lndemnity Company SIGNER(S) OTHEH THAN NAMED ABOVE lD 1232 (REV 5,09)ALL.PUBPOSE ACKNOWLEDGEMENT I