Heritage Square Menifee, LLC Faithful Performance Bond PM37624-1 800047307FOR: Streets / Drainage $
Flood Control $
Water System $
Rec. Water $
Sewer System $Total $
FAITHFUL PERFORMANCE BOND
CITY OF IVIENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
1,385,000.00
City/State [Vlurrieta CA
Project tVlcCall Sq uare PM37 624-1
0.00 Other Proj. Ref tP19-019
160,500.00 Bond No. 800047307
39 000.00 Premium $ 35,030.00
167,000 00
1,751,500.00
Surety Atlantic Specialty lnsurance Company Principal Heritaqe Square lVenifee, LLC
Address 605 Hiqhwav 169 North, Suite 800 Address 41391 Kalmia Street, Ste 200
City/State Plymouth, IVN
Zip code
Phone
55441 Zip 92562Phone (951\ 200-2376
WHEREAS, the City of l/enifee, State of California, an d Heritaqe Square Menifee, 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 tP19-019 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 Atlantic Specialty lnsurance Company , as surety, are
held and firmly bound unto the City of lVenifee in the penal sum of One Million Seven Hundred
Fifty One thousand Five Hundred and no/100, Dollars, $1.751.500.00 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, 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 lVenifee, 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.
952 852-2431
6taY os,t
MENIFEE
\/
FAITHFUL PERFORMANCE BOND
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 agreements(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above
named, on lVlav 8 2020
NATME OF PRINCIPAL Heritaqe Square Menifee, LLC
AUTHORTZED STGNATU RE(S)
NAIVE OF SURETY
AUTHORIZED SIGNATURE
ni I L,n(r) i1
r\ana5er
(rF coRPoRATrON, AFF|X SEAL)
Atlantic Specialty nsurance Company
T
(
By
Its Attorney-in-Fact Title
(tF coRPoRATlON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-
IN-FACT.
pr'fv os
J
MENIFEE
/I
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 Kentuckv )
County of Jefferson
On May 8,2020 before me,Theresa Pickerrell N
)
personally appeared Brook T. Smith, Attorney-ln-Fact
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/s,he/they executed the same in his/lrcr/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
*dl
Notary Public Signature Notary lD #: 633720 (Notary Public Seal)
commission res 1O12612023 -o
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUIMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date__
INSTRUCTIONS FOR COMPLETING THIS FORM
Thi.s.lbrm contplies lrtlh currenl (-ulilornia slutul?s rcgurding nolor.r' rording uttd.
r./ nceded, shotrld ba completed und uttat'hed to lltt dotuntenl. .lcknottledgmcnls
Jiotn other states may be completed.fbr document.s being senl to that statc so long
as the wording does not require rhe Cali.fornia nolary lo violate Californio notar.t'
latt.. State and County intbnlatlon must be the State and County where the docunrcnt
signer(s) personally appeared betbre the notary public tbr acknowledgnent.. Date ol'notarizatron must be the date that the signer(s) personally appeared whrch
nrust 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
ct-rrrrmission fblloued by a comnra and tlren 1"our trtle (notar) publrc).. l)rint the name(s) ol-docunrent signer(s) who personally appear al the tirrrc ol'
notarizat ion.
o lntlicatc the conect singular or plural tbrnrs bv crossing ou'incorrect lbnns (r.c
he/she/theyr is /i*e ) or circling the correct lirrms. l"ailure to corrcctl! rndicate this
inlbnnation may lead to re.jection of document recording.
. -lhe notary seal impression must be clear and photographically reproducrble.
Inrpression must not cover text or lines. lfseal impressron smudges, re-seal iia
sufilcient area permits, otherwise complete a ditferent acknowledgment fbrm.
. Signature of the notary public must match the signature on flle with the of'fice of'
the county clerk..!. Additronal rntbrmation is not required hut could help to ensure this
acknowledgment is not misused or attached to a diU'erent docunrent.* lndicate title or type ol'attached docunrcnt. nunrber ofpages and datc..l lndicate the capacitl clainred by the srgner Il'the clairred capacitl rs a
corporate ofllcer. indicate the title (i.e. C'EO. C'FO, Secretary).
o Sccurcly attach this docunrent to the signed docurnent with a staple.
CAPACITY CLAIMED BY THE SIGNER
n lndividual (s)
! Corporate Officer
-----trllef
Partne(s)
Attorney-in-Fact
Trustee(s)
Other
tr
E
n
tr
(Here insert name and lrtle of the offrcer)
OneBeacon
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.
Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its
under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all
other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of
the Company and sealed with the Company seal. This Power of Attomey is made and executed by authority of the following resolutions adopted by the Board of Directors of
ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attomey-in-
Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attomey or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-ninth day of April, 2019.
IN
o "gSP0R42""SEALI
r 986
'64, y6o+.
By
STATE OF MINNESOTA
HENNEPIN COUNTY
This Power of Attorney expires
January 31, 2023
Paul J. Brehm, Senior Vice President
On this twenty-ninth day of April, 2019, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
V
*
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby ceftify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set fonh above are now in force.
signed and seated. Dared-Bt h- aay or IYIA\ . 2Q?.o
q4'-
I
9 or eB!te* "oslV
Christopher V. Jerry, Secretary
ffi MANDALY ANN I.AMERE
NOTARYPUBUC MINNESOTA
My CommBsim Expires
January3l 2023
tid
N5
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctvtl coDE 51189
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
On before me,
Dote lnsert Nome ond Title of Officer
)
personally appeared )n,,tc L 1-t **n*nTN"*"(t).f slsr"r(t)
who proved to me on the basis of satisfactory evidence Q be the personp)'wh ose name!,slf7are subscribed
to the within instrument and acknow!99geO tb me that@she/they execuied the same ir@lherltheir
authorized capacity(ies), and that by@j/her/their signaturepfon the instrument the person(gf or the entity
upon behalf of which the person(gldcted, executed the instrument.
@
ctNDY R. Sr nH
Notary Public - Glifornia
Riverside County
Commission I 2257165
I'ly Comm. Erpires Aug ?.1, 7027.
I certiflT under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and seal
Sign
of Notory PublicPloce Notory Seol ond/or Stomp Above
Completing this
froudulent
Description of Attached Document
Title or Type of Document:
Document Date
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
tr Corporate Officer - Title(s):
tr Partner- D Limited D General
tr lndividual
E Trustee
tr Attorney in ct
n Guardian
tr Other:
Signer is Representing:
OPTIONAL
con deter olterotion of the document or
of this form to on unintended document.
Number ofPaoes:
ner's Name:
rate Officer - Title(s):er- tr Limited o Generaldual n Attorney in Fact
Other:
tr
tr
tr
tr
Si
@2017 National Notary Association
gner is Representing
o Guardian of Conservator