22-0428_LENNAR HOMES OF CALIFORNIA INCORPORATED_Bond 0797194BOND NO. 0797194 _
INITIAL PREMIUM: $6,166.00/annum
SUBJECT TO RENEWAL
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of San Juan Capistrano ("City") and Lennar Homes of
California, Inc. ("Principal"), have executed an agreement for work consisting of, but not limited to,
the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and
installation of related improvements for The Farm — In Tract Street Improvements (Tract No. 190631
("the Work");
WHEREAS, the Work to be perfo ed by Principal is more particularly set forth in
that certain Grading Surety Agreement dated N[6,y IJ 6 , 20,� 1 ("Agreement"), which
Agreement is incorporated herein by this reference; and
WHEREAS, Principal is required by the Agreement to provide a good and sufficient
bond for performance of the Agreement, and to guarantee and warranty the Work performed
thereunder.
NOW, THEREFORE, Principal and Harco National Insurance Company_, as surety
("Surety"), a corporation organized and existing under the laws of the State of Illinois, and duly
authorized to transact business under the laws of the State of California, are held and firmly bound
unto City in the sum of Two million seven hundred forty thousand two hundred ninety-three and
00/100($2,740,293.0 Jor which amount well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, warranties and
provisions in the 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 intent and meaning, and shall indemnify and save harmless City, its officers,
employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and
specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its
Project No. Page 1 of 3
61147.02100\24835741.2
obligations 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, or to the Work or to the specifications.
IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto
affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly
authorized Attorney -in -Fact at Irvine, California, this 25th day of May, 2021.
Lennar Homes of California, Inc.,
a California corporation Harco National Insurance Company
Principal Surety
V 1 `t President Attorney -in -Fact
Kathy R. Mair
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY
PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE
ATTACHED TO THIS BOND.
Project No. Page 2 of 3
61147.02100\24835741.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies 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 )
COUNTY OF ORANGE )
On June 3, 2021 before me, Debra J. Peloza, Notary Public, personally
appeared Brian K. Bencz who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. COMM #2198310 Z
Notary Pubfic • California o
Orange Counly
. l y Comm. Expires June 8, 2D21
Signature
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies 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 )
County of Orange )
MAY 15 1011 Mechelle Larkin Notary Public
On before me, . , N
..__ _ _
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared Kathy R. Mair ------------------------------------------
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MECHELLE LARKIN
Rotary Public - California
Orange County
Commission N 23S339d - /144xj +Ay Comm. fa[,7iP9sApf I+, tC75
Signature of Notary Public
Place Notary Seal Above
------------------------------w--------------- OPTIONAL ------------------------ --------- ----_-----_
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Kathy R. Mair
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ® Attorney -in -Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signers Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney -in -Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
POWER OF ATTORNEY Bond# 0797194
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
MY HUA, KATHY R. MAIR, MECHELLE LARKIN
Irvine, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2019
`"' iNSUR
`SEAL ' o
6y {R+....... c
�tO��ITr �'�•rrj STATE OF NEW JERSEY STATE OF ILLINOIS
pP Q��y County of Essex County of Cook
o SEAL
,.-
1904 � o
�dJE� Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2019 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
�.�''%`i Ir0`'0,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
R �V �': New Jersey the day and year first above written.
'., .l, °p a°7° '�.� ,~� �► �"�-f �C fig
Jt3RS11: % shirelle A. outley a Notary Public of New Jersey
'i l l$W CERTIFICATION My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 25, 2021
A01631
I
Irene Martins, Assistant Secretary
BOND NO. 0797194
INITIAL PREMIUM: included in Perf. Bond
SUBJECT TO RENEWAL
PUBLIC IMPROVEMENT AGREEMENT
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano, California ("City") and Lennar Homes
of California, Inc. ("Principal"), have executed an agreement for work consisting of, but not limited
to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading,
roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage
facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract
Map No. The Farm — in Tract Street Improvements (Tract No. 19063) ("Public Offsite
Improvements");
WHEREAS, the Public Offsite Improvements to be performed by Principal are more
particularly set forth in that certain Public Improvement Agreement dated
2021, ("Public Improvement Agreement");
WHEREAS, the Public Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required by the Public Improvement Agreement before entering
upon the performance of the work to provide a good and sufficient payment bond to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division
4 of the California Civil Code.
NOW, THEREFORE, Principal and Harco National Insurance Company ("Surety"), a
corporation organized and existing under the laws of the State of Illinois, and duly authorized to
transact business under the laws of the State of California, are held and firmly bound unto City
and all contractors, subcontractors, laborers, material suppliers, and other persons employed in
the performance of the Public Improvement Agreement and referred to in Title 3 (commencing
with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of Two million
seven hundred forty thousand two hundred ninety-three and 00/100 ($2,740,293.00), said sum
being not less than one hundred percent (100%) of the total cost of the Offsite Public
Improvements as set forth in the Public Improvement Agreement, for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to
this work or labor, that the Surety will pay the same in an amount not exceeding the amount
hereinabove set forth.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
It is hereby expressly stipulated and agreed 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.
61147.02100\24632175.1
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Public Improvement Agreement, or to any plans, profiles,
and specifications related thereto, or to the Offsite Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499, et seq., of the California
Government Code as security for labor performed and materials provided in connection with the
performance of the Public Improvement Agreement and construction of the Offsite Public
Improvements.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 25th day of
May, 2021.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Lennar Homes of California, Inc.,
a California corporation
Principal
By
Title V t <ts' r--a(?�<-y t ot-e,,J 1 -
Harco National Insurance Company
Surety I
By /
Attorney -in -Fa
Title „Kathy R. Mari
The rate of premium on this bond is $2.25 per thousand. The total amount of premium charges
is $6,1661 annum.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM - Any claims under this bond may be addressed to:
(Name and Address of Surety) Harco National Insurance Company
One Newark Center
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
Newark, NJ 07102-5207
Mechelle Larkin
Marsh USA, Inc.
17901 Von Karman Ave.. #1100. Irvine, CA 92614
(Telephone number of Surety (949) 399-5826
Agent or Representative for service of process in California)
61147.02100\24632175.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies 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 )
COUNTY OF ORANGE )
On June 3, 2021 before me, Debra J. Peloza, Notary Public, personally
appeared Brian K. Bencz who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. co�nM #2�9~ $3 0
Notary Public California O
osango County
} Comm. expires Juni i. 2Q7.1
Signature Q--
9
(Seal)
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies 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
COUNTY OF Orange
On -May 25 , 2021, before me, Mechelle Larkin _, Notary Public, personally
appeared Kathy R. Mair , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
mECHELLE LARKIN
_ NCsary Public • California
Orange County I
Commission ■ 23S3398 -
, Comm, Expires Apr 24, 2025
'S%-afu—r—eoThFot6ry_P ublie
WITNESS my hand and official seal.
L".. ��' I.,,, K:7 )
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
✓ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of
Attorney to local representatives of the bonding company must also be attached.
61147.02100124632175.1
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0797194
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
MY HUA, KATHY R. MAIR, MECHELLE LARKIN
Irvine, CA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2019
tHSit
STATE OF ILLINOIS o`'p avoia p4
0 S STATE OF NEW JERSEY
SEAL�r`" County of Essex County of Cook
1904
n • D i 1994 7a
Kenneth Chapman ,•, H F .
Executive Vice President, Harco National Insurance Company "•• *''
and International Fidelity Insurance Company
On this 31st day of December, 2019 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
.�'t""`l''�. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
A: New Jersey the day and year first above written.
r °A ao71D dAAAC� 6Q
W JEAS,+ Shirelle A.Outley a Notary Public of New Jersey
'''lJ+ LO My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 25, 2021
A01631
Irene Martins, Assistant Secretary