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Sutter Mitland 01, LLC Faithful Performance Bond TM31822-2 TM5214562Comm unity Development Department FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREE]t'IENT CIrY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1 - Year lvlaintenance $848.40 Bond No: fM5214562 31422-2 Total Cost Estimate: $36,997.44 Other Project No PP 2018-123 The following to be com pleted by the Applicant Surety: The cua{antee Company of North America USA Princip-i: Sutter Mitland 01 LLC Address: One Town Square, Suite '1470 Address. 3200 Park Center Drive, Suite 1000 CrtyTSate: Southfreto, tra I City/State Costa N.4esa, CA Zp Code: 48076 Zp Code: 92626 Phone: z4B-zB1-0281 Phone: 714-200-1609 WHEREAS, the City of lvbnifee, State of California, and, Sutter Mtland 01 LLC, (hereinafier designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the described landscape, including any additional landscape materials, related to (TracUParcel) fracl 31822-2, Destry Drive Streetscape a HOA- lVhintained Landscape Area within Audie l\turphy Ranch Specific Plan (as shown on Exhibit L of Plot Plan No. 2018-123), 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, wethe principal bound unto the City of ltrbnifee in the penaGurnof TH-IFIYEIFiFoUSAIIDS INE HUNDRED 3od rr.e cuaranrao companyoi Nonh Amsn€ usa aS SU , are held and firmly NINTY.SEVEN OOLLARS AI\ID FOURTHY FOUR CENTS ($36,997.44). Iawfu| money of the United States, for the paymenl of which sum will and huly 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 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 lt/bnifee, 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, incuned by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. TracUParcel [\lhp No. FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT 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. lN WINESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November Sth 2018 NAME OF PRINCIPAL: Sutter Mitland 01 LLC rfuBy: DAVID E. BARTLETT Vlce President (IF CORPORATION, AFFX SEAL) NAME OF SURETY: The Guarantee Company of North America USA AUTHORZED SIGNATURE: fts Attorney-in-Fact I rtle Debra Watterson, Attorney-ln-Fact. (rF coRPoRATrON, AFFX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATU RES OF PRINCIPAL AND ATTORNEY]N-FACT. AUTHORZED STGNATURE(S): Name:'lltle: 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 truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA SS, COUNTY OF e- \q , 2018 icllc Moni ttc Moss , Notary Public, who r,l)0n c. personally appeared proved to me on the basis of satisfactory evidence to be k(lrryshe/they/executed the same in person\s.) whose name$are s;rQscribed to ( .h-il/ h e r/th ei r laoJ the within instrument and acknowledged to me that authorized capac iry]ieq) and that /their signature\Q on the instrument the person'('sl or the entity upon behalfofwhich the perso (q) acted, executed the instrument. I certif, under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Wl I-NESS my hand and official seal a DAfitEIL€ *0uQUE ross I{otary Publi. - C.lifornl. oraq! County Comfii$lon r 2l5,t6E3 y Comn, Etpk6Au| 17,2022 Notarv Public ) ) @ ACKNOWLEDGMENT State of County of Michigan Oakla rl ) On 11t5t2018 before me, Lora O'Briei (insert name and title of lhe officer) personally appeared Debra Watterson who proved lo me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inslrument and acknowledged to me that he/she/lhey execuled the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on lhe instrumenl the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumenl. I certiry under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correcl. TvllllESS my hand and official seal [!ra Otsden Nobry Publlc, Stato ol Michlgan County ot Oakland My Comml6slon Expire9 Aptil 21 , 2024 Aclhg ln oakllnd County S ignature r 1en (Seal) Cr A notary public or olher officer completing this certificate verifles only lhe identity of the individual who signed the document lo which this certilicate is attached, and not the truthfulness, accuracy, or validitv of that document. Illt The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY GUARANTEE NOw ALL BY THESE PRESENTS: Thal THE GUARANTEE COMPANY OF t{ORTH AMERICA USA, a corporation organized and existing under lhe laws ofthe State of Michigan, having ils principal office in Southlield, Michigan, does hereby constitute and appoint Debra Watlerson, Edward G Woods. Kathleen Runestad. Lora O'Brien. Sara Schrauben, Jeffrey Jubera, Katie Coalson. Edward Devries, DlMght'feler The Guaranlee Company of North America USA its true and lawful allorney(s)-in-fact to execule, seal and deliver for and on its behalf as surely, any and all bonds and underlakings, contracts o, indemnily and other writings obligatory in the nature thereol which are or may be allov€d, required or permitted by law, slalute, rule, regulation, contract or otheMise The execution of such instrumenl(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AiTERICA USA as fully and amply, lo all intenls and purposes, as if lhe same had been duly executed and acknowledged by ils regularly elected oflicers at lhe principal office The Po$€r of Allorney is execuled and may be certified so, and may be revoked. pursuanl lo and by aulhority of Arlicle lX, Seclion 9.03 of the By-Laws adopted bylhe Board of Directors of THE GUARA TEE CO PANYOF NORTH AITIERICA l,rSA at a meeting held onthe 31"dayof December,2003 The President. or any Vice President. acting wilh any Secretary or Assistant Secrelary shall have power and autho.ity 1 . To appoinl Attorney(s)-in-fact, and to authorize them lo execule on behalf of the Company, and attach the Seal of the Company the.eto, bonds and undertakings, conlracls of indemnity and other writings obligatory in the nature thereof; and2. To revoke, at any time, any such Attorney-in{act and revoke lhe authority given, excepl as provided below3. ln connection wilh obligations in favor of lhe Florida Department of Transportalion only, it is agreed that the power and aulhority hereby given to the Attorney in-Fact includes any and allconsenls forlhe release of retained percentages and/or finalestimates on engineering and construclion contracls required by lhe State of Florida Department of Transportation. lt is fully underslood lhat consenling to the State of Florida Departmenl of Transportation making paymenl ofthe finalestimate lo lhe Conlractor and/or its assrgnee. shall nol relieve this surety company ofany of its obligations under its bond.4 ln conneclron wilh obligalions in favor of lhe Kenlucky Deparlmenl of Highways only, it is agreed lhal the pov\,er and aulhorily hereby given to the Atlorney-in-Facl cannol be modilled or revoked unless prior written personal notice of such inlent has been given to the Commissioner - Departmenl of Highways of lhe Commonu,ealth of Kentucky al leasl thirty (30) days prior to lhe modificalion or revocation. Further, this Pov€r of Attorney is signed and sealed by facsimale pursuant lo resolulion of the Board ol Directors of the Company adopted at a meeting duly called and held on lhe 6th day of December 2011, of which the following is a kue excerpt: RESOLVED lhat the signalure of any authorized officer and the seal of lhe Company may be affixed by facsimile to any Pov/er of Attorney o. certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and olher writings obligatory in lhe nalure thereof, and such signalure and seal when so used shall have the same force and effect as though manually affixed. lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AIIERICA USA has caused this instrument lo be signed and ils corporate seallo be affixed by its authorized officer, lhis 1d day of March, 2018 THE GUARANTEE COMPANY OF NORTH AMERICA USA &u*1/* STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, President & Chiof Operating Officer Raodall Musselman, Secretary On this 1sl day of March 2018 before me came lhe individuals who executed the preceding instrumenl. lo me personally knowrr, and bejng by me duly sworn, said thal each is the herein described and aulhorized offcer ol The Guarantee Company of North America USA; thal the seal affixed to said inslrument is the Corporate Seal ol said Company; lhat the Corporate Seal and each signature r4€re duly affixed by order of lhe Board of Direclors ol said Company '_ i': ''.j.:' Cynthia A. Takai Notary Public. Slate of Michigan Counly ol Oakland My Commission Expires Februory 27,2024 A.ting in Ooklond County lN WITNESS WHEREOF, I have hereunto set my hand al The Guarantee Company of North America USA ofiices the day and year above Mitten. /7'7 ^-ta'^, A 7-a-Za<- l. Randail IUusselrnan. Secretary of THE GITARANTEE COtIPANY OF l{ORTH AMERICA USA do hereby certify thal the above and foregoing is a lrue and correcl copy ol a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effecl Randall Musselman, Secrstary ,e\ (:{G}:)\&/tu lN WITNESS WHEREOF, I have lhereunto set my hand and anached the seal of said Company this sth day of November , 2018vfu@ THE GAARANTEE COMPANY OFNORTIIAMERIC4 USA flonc OSicz, Sotdhtiely' Michtgan STATWORY BAI./INCE SH EET December iI, 2017 ASSETS Cash and Short-Term Investments Marketable Secorities Premium and Agents Balances (under 90 days) Roinsurance Receivablo on paid losses Accrued Interest and Dividends Net Deferred Tax Asset Other Asseb Total Admitted Assets LIABtr.ITIES CAPITAL AND SIIRPLUS Common Stock and Paid-In Capital Surplus Total Policyholders' Surplus Total Liabilities, Capilal snd Surylus $230,52',1,765 $ 78,963,167 't44,488,213 4,35t,703 419,972 1,129,133 537,E15 637.702 $ E,727,339 19,5E2,956 3,2E1,062 1,091,893 255,235 3t3,424 6,762,987 $144,020,910 45.929.378 $189.950.348 YYIL Stephcn C. Rwohak b.ing duly swor4 says: That he is the PresidcEt & COO ofThc Gua$trtce Coopany ofNo t Amcrica USlq that said compary is a corporatior duly organizcd, cxilrting and ougagcd in businoss as a surcty by virtue oflh6laws ofthc Shtc of Michigal, s.nd has duly complicd with rll thc rcquircmert ofthe laws of said ctatc applicable to s{id compaay ard is duly qualifi€d to ad as surety undr( such laws; tiat said coDpey has also coruplied with and is duly qualified to act as suety under tho Act of Cotrgrcss ofjuly 30, 1947, ss srrctrdcd (6 U.S.C. 6-13); hat thc forcSoirg is e fiill" huc ed coEcct statcltrcnt of thc fin ncirl condition of said crrnpany otr thc 3 I . day of Dccohbcr 2017. Swo.n to bcfot. oe this 5th dsy of March 201t.m,ile/r/"-n-fr)4, C. -tola- Cynthh A Tskal Notary Public, State of MichlgEn County of Oaklard My ccmrisslon Explres Feb.usy 27, 2024 Acting in Oakland County /) Not4, Stcphco C. RBchak, P(€$i&Et & COO Reserve for Losses and Loss Adjustment Bxpenses Uneamed Premium Reserve Accrued Expenses Ceded Reinsurance Premiums Payable Taxes, Licenses and Fees Payablo Federal Inoomo Tax Payablo Funds Hold Other Liabilities Totsl Liabilities $ 40.577.4t7 Statc ofMichigan County ofOakland