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Sutter Mitland 01, LLC Faithful Performance Bond 36485-8 TM5207443FOR FAITHFUL PERFORMANCE BOND CITY OF MENIFEE. STATE OF CALIFORNIA (Government Code Section 66499.1) Premium $19.836.00 $ 3,480,000.00 Streets / Drainage Water System Rec. Water Sewer System Total Principal Address Sutter Mitland 01 . LLC 3200 Park Center Dr.. Suite 1 000City/State Southfield. Ml Cityi State Costa Mesa. CA 48076 92626Zip code Phone (24 281-0281o Phone (.714\ 2OO-15aa NOW, THEREFORE, we the principa I and The Guarantee Compan v of North America USA,as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Mi lion Four Hundred Eiohtv Tho and -------------00/100 Dollars, $ 3.480.000.00 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. The condation 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 Mentfee, 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 specifaed 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. $ 2.537.000.00 Tract Map 36485-8$ 505.s00.00 Other Pro.i. Ref. --$ 20.500.00 Bond No. TM52O7443$ 417.000.00 Surety The Guarantee Comoanv of North America USAAddress One Town Souare. Suite 1470 zip WHEREAS, the City of Menifee, State of California, and Sutter Mifland 0i. LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the aftached agreement(s) whereby principal agrees to install and complete the above designated public improvements relaling to TM 36485-8, 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 fumish bond(s) for the faithful performance of said agreement(s); 9./8/t5 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 il does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Sectaon 2845 of the Civil Code and commencement of construclion 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 oblagataon 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 February 28th, 2018. NAME OF PRINCIPAL: Sutter Mitland 01 LLC AUTHORIZED SIGNATURE(S) t tfl Name: David E. Bartlett Title: Vice President AUTHORIZED SIGNATURE i? r"L Attorna! iilFaai. 'l-itte Richard Lbngland, Attorney-l n-Fact. (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN. FACT. 9/8/15 By: (rF coRPoRAT|ON, AFFIX SEAL) NAME OF SURETY: The Guarantee Comoanv of North America USA A notary public or other officer completing this certificate verified only the identity of the individual who signed the document to which this certificate is attached, and not the truthflness, accuracy, or validity of that document. STATE OF CALIFORNIA ss. COTiI\ITY OF on \tlu<xtt4 2018, before me, _, Notary Public, personally appeared E. who proved to me on the basis of satisfactory evidence to be the person(+).:whose name(s) is/a:esubscribed to the within instrument and acklowledged to me that he/slnltteylexecuted the same in his/herltltcir authorized capacity(ies) and that by his/he#their signature(slon the instrument the person@, or the entity upon behalfofwhich the person(s) acted, executed the instrument. I certift under PENALTY OF PERIL'RY under the laws of the State of Ca.lifomia that the foregoing paragraph is tue and correcl. WITNESS my hand and official seal. MEAGA}I XNECXT co,fi.t2117799r.oailn*'Cfr oi^lroE couxw Itlg ) ) N C.s n r,C 20r9 6ul