Forestar (USA) Real Estate Group, Inc. Faithful Performance Bond TM36852 CMS0344897FOR: Grading/Electrical $-Hardscape $-
FAITHFUL PERFORMANCE BOND
CIry OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Tract Map TtM36852
Surety RLI lnsurance Companv
Address 9025 N. Lind beroh Drive
City/State Peoria. lL
Zip code 616'15
Phone (309) 623-5042
Other Proj Ref. lP20-0241
Bond No. CM50344897
Pre mium $1,982.00
Principal Forestar (USA ) Real Estate Gro uo. lnc
Address 2221 E. Lamar Blvd Suite 790
City/State Arlinqton, TX
zip 76006
Phone @17 769-1867
Amenities
Landscape
Contingency
Total
413 000.00
$
$
WHEREAS, the City Council of the City of Menifee, State of California, and F restar USA
Real Estate Grou o. lnc.(hereinafter designated as "principal") have entered into, or are
about to enter into, the attached agreement(s) whereby principa I agrees to install and
complete the above designated public improvements relating to Tract Map 36852 / lP20-
Q!!f, which agreement(s), dated 912012'l , 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 RLI lnsurance Company, as surety, are held and
firmly bound unto the City of Menifee in the penal sum of Four Hundred Ninetv Five
Thousand Five Hundred and no/100 , Dollars, ($495.500.001 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(s) 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 of Menifee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
f:
$ 82.500.00$ 495.500.00
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement(s) 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 to the
terms of the agreement(s) or to the work or to the specifications..
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(s) 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
agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on October 6,2021 .
AUTHORIZED SIGNATURE(S)
By:
&meaD.Alon
Exoqfivc Vlne President & CFO
(rF coRPoRATtON, AFFrX SE
NAME OF SURETY: RLI lnsurance Company
le:
%/uffi-
Noah William Pierce, Attorney-in-Fact
(rF coRPoRATrON, AFF|X SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIG NATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
o
NAME OF PRINCIPAL: Forestar (USA) Real Estate Grouo. lnc.
llll
Bea/
AUTHORIZED SIGNATURE:
STATE OF North Carolina
COUNTY OF Mecklenburo to wit:
l, catherine Thomoson, a Notary Public in and for the state and county aforesaid, do hereby certify
that Noah William Pierce, whose name is signed to the foregoing bond this day personally,
appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this
-day
of 2021
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My co mini*hYrl crPilbs on
Notary Public
the gth day of April, 2022.
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. LindberEll)r ?eoria ll. 61615
Know All Men by These Presents:
lhal this Power ol'Attomc) is not valid or in clTect unless attachcd to the bond which it authorizes cxecutcd. but may be detachcd by thc
approving olliccr if dcsired.
ltlat RJ-l Insurance Company an(ror Contractors Bondiog snd lnsurrnce Compaly. cach an lllinois corporation. (separdtcly and
togcthcr. the "Company") do hcreby make- constitutc and appoint:
lennil'cr I]. (lullctt. Ca r.rinr: Ihomnson Amr R- Waur:h. \oah \\'ill m l)ierce- Jrnell Maric Whilchcad. iointl] or erallr
in $e City of Charlottc , Statc ol'North Carolina its true and lawful Agent(s) and Attomc)(s) in !act. with
futl power and authority hereby confened, to sign. cxecute, acknowledge and deliver for and on its behall'as Surety. in Seneral. any and all
bonds and undertakings in an amount not u) excecd
( $25.000.000.00 ) lbr ary singlc obligation.
I wcntv I ive ]lillion I)ollars
Itc acknowledgment and cxecution of such bond by thc said Attomcy in lact shall bc as binding upon the Company as if such bond had bcen
cxccuted and acknowlcdged by thc rcgularly electcd olliccrs ol the Companl.
Rl,l lnsurance Company and/or Contractors Bonding and tnsuraoca Company. as applicable. have cach llrthcr ctnified that thc
lbllowing is a true and exact copy of a Rcsolution adoptcd by the Uoard ol'l)irecton o[ each such corporation. and is notv in forcc. to-!vit:
"All hrnds. Jnlicies. undcrtakings. Powcrs of Attomcy or othcr obligalions ol'*rc corporation shall bc exccuted in thc corporatc namc of
the Compan) by thc Prcsident. Sccrctar). iuty Assislant Secretary. -l'rcasurcr, or any Vice ltesidcnt, or by such othcr olficcrs as lhc lJoard
ol'l)ircck)rs may authorize. 'lhe Prcsident, any Vicc President. Secretary. any Assistant Sccrclary. or thc Ircasurcr may appoint
Attomcys in Fact or Agents who shall have zu-rthority to issuc bonds. rnlicics or undcrtakings in thc name of lhe Company. l}lc orporatc
scal is not ncccssary fur thc validity ol'any bonds. policics, undcrtakings. l'owers ol' Attorney or othcr obligations t)f the corporation. 'l-hc
signaturc ofany such olficer and the corporate seal may be printed by lacsimile."
IN WITNFISS WllllRlrol . fie RLI lnsurance Company arrilor Contractors Bonding and lnsurrnce Company, rs applicablc, harc
causcd thcsc prcsenls to bc cxccutcd by its rcspectivc c I>rcsidcnt uith its corporatc scal at'fi \cd this llth d!) ol'
Rl,l Insurrnce ( ompant( ontrsctors Bonding and Insurancc ( omp{ny
SEAI,L,t .!
..i;s$ijti32
='"=.":::"..,"4 6/ uS
(h thrs _L]]!- day of April . -2021L,
brforc mr. a Notar_v l\blic.
personally appeared Barton W. I)avis , who bcing by mc duly sworn.
acknowlcdgcd fial he siBncd lhe above Power ol Attomey as fie aforcsaid
officer o[ lic R[-l lnsureltcc Comprny and./or Contrrclors Bonding sndllsurrocc (ompeny and acknowledged said instrurncnl to be the voluntar_v
acl and dccd ofsaid corporalion.
I}\
Iladon \\' t)a!is Vicc President
('!tRt IH('.\I u
I. fle undcrsigncd ofllcer of RLI lnsurrnce Comprn] and/or
Contrsctors Bonding rnd Insuasncc Comprlry. do hcreby cartify
that thc allachcd Porvcr of Atlomey rs in full lbrce and effcc1 and is
irrcvocablct and furthermore. thal thc Rcsolution of the Compemy as$t fonh in lie Po\r'er ol Attomc). is nou in lbrcc ln tcstimony
whcreol I havc hcreunlo sct my hand and thc scal o[ t]rc Rl,l
lnsurrnca Comprnt and,/or Co[trrctorr Bording rnd lnsurr[cc(lomprny this.l0l[_ day or_QC!qheI_, 202L.
RLI Insursnc€ (lompany
(lontrrators Bonding rnd Insursnce Comprny
( omoralc Sccrctary
i iSEA
".,!! t r toSlatc o!'lllinois
County of Peoria )ss
\_-,/-:*d;)n.t4az"-
Nolarv Public
OFFICIA! SEAI
JACOUELINE M BOCKLER
ilOI$Y Pt-r€trc SIAIE Ot rLLrnOrS
frCofl*SSroi Urtn55.!r ,1 20,
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Jc lTrc\'
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April 2020
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