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22-0428_LENNAR HOMES OF CALIFORNIA INCORPORATED_Bond 0797195BOND NO. 0797195 INITIAL PREMIUM: $10,500.00/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 — Storm Drain Improvements gract No. 19063 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated /V„ ("w ' 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 CompanX, 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 Four million six hundred sixty-six thousand six hundred twenty-two and 001100 ($4,666,622.00), for 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 co oration Principal By: � \h CZ President ` A `G. t C --I C- 7 -- (print name) Harco National Insurance Company Surety By: Attorney -in -F ct Kathy R. Mair (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 CALIFOIZNIA ALL-PURPOSE ACK OWLEDGEiNIENT 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. Signature DEBRA f. P£LOZA COMM. #219£3310 Notaay Public - California O •.;,,, ()range County d My Comm. Expires June 8, 2021 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I 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 15 2021 DATE before me, _ Mechelle Larkin, Notary Public [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. arECKLLE WOON Notary Pubik . California _ Oran Be County Commission Y 2353398 +.y Comm. E7@{rayAa+ 2+, 2025 L Signature of Notary Public Place Notary Seal Above ---- ----- ------------------------------------- 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 — 0 Limited ❑ General ❑ Individual ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY Bond# 0797195 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, Attorneys -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 14 ��4�Ap90Rq�� o+ :x. SEAL o 0 �,pSTATE OF NEW JERSEY STATE OF ILLINOIS GgP4�4 © sea► to m Yy County of Essex County of Cook ,= 1904 o �� d• �lE�' a� Kenneth Chapman IMS 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 - I P"'�,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, A. aGj': New Jersey the day and year first above written. JE"G,0%` 5hirelle A.Outley a Nolary Public of New Jersey � fres CERTIFICATION My Commission Expires April a, 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 a�� Irene Martins, Assistant Secretary BOND NO. 0797195 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 — Storm Drain 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 20 al, ("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 Four million six hundred sixty-six thousand six hundred twenty-two and 00/100 ($4,666,622.00), 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 !�,L i c c �R L s i n%1: --J T- Harco National Insurance Company Surety /� �1 By l 4(�r Attorney -in- act Title Kathy R. Mari The rate of premium on this bond is $2.25 per thousand. The total amount of premium charges is $10,500 / 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 Newark. NJ 07102-5207 (Name and Address of Agent or Mechelle Larkin Representative for service of Marsh USA, Inc. process in California, if different 17901 Von Karman Ave., #1100, Irvine, CA 92614 from above) (Telephone number of Surety 949 399-5826 Agent or Representative for service of process in California) 61147.02100\24632175.1 CALIFORNIA ALL-PURPOSE ACI 'NOWLEDGEI'IENT 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. ~ nsMM. s. 19831 COMM. #2198310 s Notary Public California O I� z „ Qrailga County M Comm, F.xpirps Junp, 8, 2021 Signature •'`� (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 Mav 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. MECNELLE IARKIN Notary=Itc- CafHarnla WITNESS my hand and official seal - or ar.r County Commissipn N 5353398 - My Comm. Expires ear IA. IC IS ; 1• L Signature of Notary Public 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) ❑ Partner(s) ❑ Limited ❑ General Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of DOCurnent 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. 61147.02100\24632175.1 POWER OF ATTORNEY Bond # 0797195 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 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 (>�� p`9AR �pp't� x SEAL a o'. 1994 :V4,,. INON . Aa - 4`4�tlTr df: STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook SEAL m r 1904 �s a d�1 *E 9>a� 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. . IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, +f.V�:•OG�'r� New Jersey the day and year first above written. ,0TAVk .4 VI Xk 5hirelle A.Outley a Notary Public of New Jersey 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 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 a 46_4��_ Irene Martins, Assistant Secretary