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Sutter Mitland 01, LLC Faithful Performance Bond TM36485-9 TM5207444FOR Surety Address FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1 ) $2 935 000.00 Tract Map 36485-9 60s 000.00 Other Proj. Ref 8.000.00 Bond No Premium rM5207444 623,500.00 s23.778.00 4,171 ,500.00 The Guarantee Company of North America USA Streets / Drainage Water Syslem Rec. Water Sewer System Total $ $ $ $ City/State Southfield. Ml One Town Douare Suite 1470 Princapal Sutter Mitland 01 , LLC Address 3200 Park Center Dr.. Suite 1000 City/State Costa Mesa CA 48076 Zip 92626Zip code Phone (248\ 281-0281 Phone (714) 200-1533 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 , as surety, are held and firmly bound unto lhe City of Menifee in the penal sum of Four Million One Hundred Seventv-One Thousand Five Hundred ---------00/100 Dollars, $4.171,500.00 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, .iointly 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 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. 9i 8/ l5 WHEREAS, the City of Menifee, State of California, and Sutter ilitland 01. LLC (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 TM 36485-9, which agreement(s) is/are hereby referred to and made a part hereof; and, 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. 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 agre€ments(s). lN WITNESS WHEREOF, this instrument has been duly execuled by the principal and surety above named, on February 281h, 2018. FAITHFUL PERFORMANCE BOND Sutter Mitland 0'l LLC AUTHORIZED SIGNATURE(S) c(l By Name: David E. Bartlett Title: Mce President (IF CORPORATION, AFFIX SEAL) NAME OF SURETY ta Com n of Nort AUTHORIZED SIGNATURE: I Attorney-i Fa Title Richard L ngland, Attorney-ln-Fact. (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN. FACT. IL/ 9/8/15 NAME OF PRINCIPAL: A notary public or other officer completing this certificate verified only the identity of the individual who siped the document to which this certificate is attached, and not the trulhfulness, accuracy, or validity of that document. STATE OF CALIIORNLA SS COUNTYOF O On f^fL,cng .2018, before me, . Notary Public, personally appeared ) ) l(.tu;.;'^* who proved to me on the basis of satisfactory evidence to be the person(s)+vhose narne(s) iVcr6 subscribed to the within instument and acknowledged to me that he/shotry/executed the same rn hiVhorltheir authorized capacit-{ies) and that by his&e;lllreir signatur{s}on the instn-rment the person(sf, or the entity upon behalfofwhich the p€rson(€|acte{ executed the instrument. I certi& under PENALry OF PERJIJRY under the laws of the State of Califomia that the foregoing paragraph is true aad correct. WITNESS my hand and official seal. MEAGAN XNEC}TT cotr.t2117799tad! r\I.calo.iboR ic! corraTY Cqtrr I.lf mE N6l|l