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Forestar (USA) Real Estate Group, Inc. Material and Labor Bond TM36852 CMS0344897MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) FOR: Grading/Electrical Hardscape Amenities Landscape Contingency Total Surety RLI lnsurance Companv Address 9025 N. Lindberqh Drive City/State Peoria. lL Zip code 61615 Phone (309) 623-5042 Tract Map TM36852 Other Proj. Ref tP20-024L 206 500.00 Premium lncluded on Performance Bond 41 250.00 o 247 750.00 $ $ $ $ $ Principal Forestar (USA) Real Estate Group, lnc. Address 2221 E. Lamar Blvd Suite 790 City/State Arlinqton, TX Zip 76006Phone (817) 769-1867 WHEREAS, the City Council of the City of Menifee, State of California,and Forestar (USA) Real Estate Grouo. lnc.(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 Tract Map 36852 - lP20- 024L , which agreement(s), dated 9120121, is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sumof Two Hundred Fortv Seven Thousand Seven Hundred Fiftv and no/100 Dollars, ($ 247,750.001for 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 of Menifee 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 entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 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; otheruise, it shall be and remain in full force and effect. Bond No. CMS0344897 MATERIAL AND LABOR 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 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 ol 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 October 6,2021 . By: e EreautfueVloe Proddont N NAME OF SURETY: RLI lnsuran AUTHORIZED SIGNATURE: Noah William Pierce, Attomey-in-Fact (rF coRPoRAT|ON, AFFrX SEAL) ATTACH NOTARIAL ACKNOWLEDGM ENT OF SIG NATU RES OF PRINCIPAL AND ATTORNEY.IN-FACT. (rF coRPoRATrON, AFF ce Conpany #{ uzrl NAME OF PRINCIPAL: Forestar (USA) Real Estate Group, lnc. AUTHORTZED STGNATURE(S): lll I Rea/ Jame D.Alen ,fllrl ,., q,' STATE OF North Carolina COUNTY OF Mecklenburq 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 {fl o^y ,r ehlk, -\.ssH''%:-- rror44r "ZZ --&, ?etrc s.-: ,r'kt *u*o$,*-.", Notary Pub the gth day of Aoril, 2022 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company '0" "ril:|:ltolil;rtoria' r r. 6 r 6 r s Knote All Men by These Presents: 'lhat this Powcr of Attorney is not valid or in efl'ect unless attached lo the bond which it authorizes cxecutcd. but may be detachcd by thc approving ofliccr il' dcsired. Illat Rl,l Insuruce Company and/or Co[tractors Bonding arld Insuraoce Comprny. cach an lllinois corporation, (separately and logcthcr. thc "Company") do hereby make. constitutc and appoint: Jcnnilirr ll. (iullctt- ('athcrinc l homnson- Amv R. Wauph- Noah William Pier{:r: lvnell MArie Whitchcad. iointlr or sererallv in t]lc ( ity ol'Charlotlc . State of r.-onh Carclina its truc and lawlul Agcnt(s) and Attorncy(s) in lract. with lull gtwcr and authority hercby confcrrcd. to sign. cxecute, acknowledge and dclivcr for and on its bchall as Surely. in general. any and all bonds and undcrtakin8s in an amount not to cxcccd ( 325.000.000.00 ) lbr an1 single obligation. SEAI, 'frrentv I c \lillion Dollars Ihe acknowlcdgmcnt and cxecution ofsuch bond b1 the said Attorncy in |act shall be as binding upon thc Company as ifsuch bond had becn cxccute{ and acknowledged by thc regularly clccted officcrs ofthe Company. RLI lnsurance Company and/or Contractors Bonding and lnsurance Company. as applicable. halc cach lirrther certilicd that the li)llou ing is a truc and exact copy ol- a Resolution adopted by the Board of Dircctoni ol-eitch such corporution. and is now in lbrcc. to-wit: "All txrnds, plicics. undcrtakings. Powers of Attomc)- or othcr obligations ol' thc corporation shall bc cxccutqd in thc corporate name of thc Company by thc Prcsident. Secrelary. any Assistant Secretary. Ircasurcr. or any Vicc ltcsidcnt, or by such othcr ofllocrs as thc lloard ol l)ireotors may authorirc. Ihc hcsidcnt. any Vice Prcsidenl.. Secretary, any Assistant Sccrctary. or thc -lrcasurcr may appoint Attomr)s in lract or Agcnts who shall havc authority !o issue bonds. policies or undcnakings in thc namc ol'frc C]ompany. lhc @rporate scal is not ncccssa,) Ibr the validity ofany bonds, policies, undcrtakings, Powcrs ol'Attomry or othcr obligalions r),-thc corporation. '1'he signaturc ol'any such ol'ficer and the corporate seal may bc printcd by lacsimilc." IN Wl lNllSS WIll.:RllOIr. thc RLI Insurance Company and/or Contractors Bonding and lnsurance Comp8ny. a-s applicable. havc csuscd thcsc prcscnts to be executed by its respective Vicc Prcsidcnt with its corporatc scal allixql this l3th day ol April Rl,l lnsurancc ( ompany(lontreclors Bonding and lnsursnce ( omprn) /a"1:s$'i'ilteg..-;-i'*ncoeer-1,-",i i SEA l, -.: .: .;in'd B\ Slatc ol lllrnois SS(ounly ol l'cona (h this _!J!!_ day of April , 2020 , beforc me, a Notar) ttblic,p(rsonall) appcarcd Barton W. Davis . who being bt" me dul) swom, aclinowlcdgcd thal hc signcd the above Power of Altomey as $e aforesaid olliccr ol lhc Rl-l lrsurrnca Comprny and/or Cotrtrrctors Bonding rnd lnsura[cc (]omprny and acknowlcdged said mstrumenl to be the volunury act and decd ofsaid corporalion. ,<.- Notary Public OFFICIAI SEAI- JACOUELINE M BOCKLER TOTAAY NJ8IIC STAIE OF ILLNOISfi Co{Xr9goll UPIRES Jl 1.2022 l. the undcrsigncd omccr of Rl,l lnsumncc Comprny and,/or Co[tractors Ronding rnd lnsurrmr Complny, do hcrcby ccnift dlat the attached Power of Atlomcy ls in full forcc eld effect and ls irrevocable. and lurthcrmorc, that lhc Rcsolution ol thc Company as set foni in the Power of Attomcy, is now in lorcc. In teslimony whcrcol. I havc hereunto set m, hand and thc scal of &c Rl-l Insunnce Comprny and,/or (lontr{ctors Bonding rnd l[sunnce Comprny this -.l6lL day of October . Z)2L RLI lnsurance (:omprny ContrrctoN Bording rnd Insurrncc (lomprny Q /t*o D 1;-k lla(on W l)avis Vice Prcsrdcnl ('uRl tFt( .\t [. Corporatc Secretary II o M l]ocklcr ll\ lacquc I}\l.Il'cilU"ff r Ar)058t)19 ""*'.1.9 il9"v,- .f,. """"*,i'i'r CITY OF MENIFEE ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET LANOSCAPE IMPROVEMENTS Tr 36852 Perimeter Streetscape and Slopes lP20{24L Prepared by 8t25t2021Jeff Tro owski Date 4.00S.F. $Maintenance Walk STD 1 13 LANDSCAPING b o 0.00 1,280.00128L,F. $Concrete Mow Curb 0.00$$S,F 10.00Colored Stamped Concrete 100.00 0.00UEABoulders 3,000.00$EA 100.00$Trees ( 15 Gallon ) 24,600.00$300.00EA$Trees ( 24" Box ) 4,800.008600.00EA$Trees ( 36" Box ) 16,191.007.00Shrubs(lGallon)2,313 30,880.001 ,930 16.00EA$Shrubs(5Gallon) 41 ,945.7 5$1.75S,F. $lrrigation 23,969 S,F 6.s0 239.414.50$36,833lrrigation_point to point 0.00$C,Y sLandscape Fill Material 7,000.00a7,000.00Water Meter 1 10,000.00$1 10,000.00S,F, $Electric Meter 12,500.001CalSense Controller 3,000.00EA$0.00$Remove trees 21 .280.70u0.35S,F, $One Year Landscape Maintenance 60,802 413,000.00$A Subtotal 82,500.00$Administrative Contingency (20% x A) 495,500.00$c Landscape Total (A+B) tP20-024t DEL ORO STREETSCAPE NO COMIVIENTS BY GARY HOYT oN9t20t2021 APPROVED FOR BONDING AMOUNTQUANTITYUNITUNIT COST ITEM 10.00 30 $ EA$ 27 .O0 EA$ EA $ 12,500.00 B.