Newport Road, LP Faithful Performance Bond 8003316053 Bond#72005475
lM�ro,R Community Development Department Premium$1,416.00
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT
AGREEMENT
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
Tract/Parcel Map No.
Total Cost Estimate: $ 47,206.33 Other Project No. PP 2016-196
-The following to be completed by the Applicant: _
Surety: Western Surety Company Principal: Newport RoaL, LP
Address: PO Box 5077 Address: 4909-405 Murphy Canyon Road
City/State: Sioux Falls SD City/State San Diego,CA
Zip Code:57117-5077 Zip Code: 92123 i
Phone: 800-331-6053 Phone: 858-292-5185
WHEREAS, the City of Menifee, State of California, and, Newport Rd, LP., (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 described on-site landscaping and irrigation within the project site,
known as, "The Shops at Newport Road". The principal agrees to install and maintain all landscape
and any additional landscape materials, related to Plot Plan 2016-196 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, we the principal and Westem Surety Company as surety, are held and firmly
bound unto the City of Menifee in the penal sum of FOR T Y-SEVEN THOUSAND TWO HUNDRED
SIX DOLLARS AND THIRTY THREE CENTS ($47,206.33) 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 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.
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.
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on March 13 2018
NAME OF PRINCIPAL: Newport Rd LP
AUTHORIZED SIGNATURE(S):
By: ( 7
Nam 7,;,
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Western Surety CoJmpa/nyln
AUTHORIZED SIGNATURE:
Lyn Genito Its Attorney-in-F act Title Attorney in Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
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 )
ss
County of Fresno }
On L�� l J��, 1 , before me, Bonnie Gonzalez, Notary Public, personally
appeared Lyn Genito, who proved to me on the basis of satisfactory evidence to be the
person{&} whose name{4 is/a4:e subscribed to the within instrument and acknowledged to me
that 4e�sheA4ey executed the same in # her, ;F authorized capacity4e-4, and that by
4i&�her,their 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.
BONNIE GONZALEZ
NOTARY PUBLIC-CALIFORNIA
COMMISSION#2202238
FA COUNTY
My Comm.m.Ex Exp.July 12;2021 Signatur .
(Seal) Bonni Gonzalez, Notary Public
Western burety Company
POWER OF ATTORNEY APPOLNITING INDIVIDUAL.ATTOWNEY-EN-FACT
Knew All Bien By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Siottx Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
John C Day, Steven P Edwards, Lyn Ge;nito,Cody Lyman,Bonnie Gonzalez, Individually
of Fresno,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory insuw-nents of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Wbereof,WESTERN SURETY COMPANY has caused these presents to be signed by is Vice President and is corporate seal to be
hereto affixed on this 8th day of August,2016.
WESTE SURE Y COMPANY
Paul T Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 8th day of August,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say' that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is.such corporate seal,that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporation.
My commission expires
J.itAOHR
6232021 �sYmAXOTA� j�y�„ 1
�' J Mohr,Notary Puhlic
CERTIFICATE
1, L.. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation i qd on the reverse hereof is still in f r�Ine�stunonn� w er f hereunto subscribed
my name and affixed the seal of the said corporation this day of 1
y¢Er}C WESTERN SURETY COMPANY
+ 4DID
L.Nelson,Assistant Secretary
Form F4280-7-2012
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 San Diego }
On 2/16/18 before me, Robert Hernandez Peimbert
(Here insert name and uUe of the officer).
personally appeared Teofilo Hamui
who proved to me on the basis of satisfactory evidence to be the persons-) whose
name(s-) is re subscribed to the within instrument and acknowledged to me that
(':e she/they executed the same inqtDsher/their authorized capacity(ies), and that by
Sher/their signature(6-) on the instrument the persons-), 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.
ROBERT HERNANDEZ PEWERT
WITNESS my hand and official seal. .� commission No. 2219Q2
" NOTARY PUBLIC-CALIFORiVA
SAW DIEGOCOUNTY
My Comm.Eq ns OCTOBER 22,2021
N u lic Signature (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
Faithful Performance Bond as the wording does not require the California notary to violate California notary
raw.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.