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Hillcrest Contracting, Inc. Faithful Performance Bond CIP20-11 7664352DocuSign Envelope lD: 0388BF3ti-50E3-4E 1 0-8A1 F-38BBti6EstiFC3 EXECUTED IN THREE COUNTERPARTS BoND //7664352 PREMIUM: $3,009 WHEREAS, the City of Menifee, County _o-f RiyCfqi*de, State of California, by minute action passed f i.l ,l-b has award"o to E6khfi*Eilui. noc. hereinafter deiignated as the "Principal", a Contract for construction of the'crp 20-t l scorr/I,IENTFEE RoA) STDEWALK PR0JECT project together with appurtenances thereto, and PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE HILLCR-EST CONTRACTING . INC.AS Principal, and FIDH,ITY A]D DEPOSIT (tl,IPA}w oF I'IARYLA]D a corporation organized and existing under the laws of the State of rllrnors , and duly authorized to transact business under the laws of California, as Surety, are held and firmly bound unto the City of lt/enifee hereinafter called the Contracting City, in the penal sum of one hundred percent (100%)of the amount of **Dollars 60,46 I . 30 lawful money of the United Stated of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.** FOUR HI]NDRED SIXTY THOUSAND FOUR HT]NDRED SIXTY-ONE DOLLARS AND THIRTY CENTS THE CONDITION OF THE OBLIGATION lS SUCH that, if the hereby bounded Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in said Contract and any alteration thereof, made as therein provided all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall faithfully fulfill the one- year guarantee of all materials and workmanship after final acceptance; and shall indemnify and hold harmless the City of Menifee, its officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder. 5 No final settlement between the Principal and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. DocuSagn Envelope lD: 03888F3t -50E3-4E10-8A1F-38BB6tiE56FC3 Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address:HILLCREST CONTRACTTNG, rNC. 1467 CIRCLE CITY DR., CORONA, CA 92879 and upon Surety at this address:FIDELITY AND DEPOSIT COMPANY OF MARYLAND C/O ZURICH NORTH AMERICA T299 ZURICH WAY SCHAM,TBURG, IL 60196 lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the lsr day of ocrorsn 2 O2O The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. HILLCREST CONTRACTING, INC. Principal By ffieun FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety L / ATTORNEY-IN.FACT By 6 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 ) 101112020 before me, Erin Sherwood , Notary Public, lnsert Name of Notary exactly as at appears on the official seal Spencer Flake On Date personally appeared CALIFORNIA ALL.PU RPOSE ACKNOWLEDGMENT ERIN SHERWOOD coMM. #2292388 MYCOMM EXPIRES JULY06. 2023 NoTARY PUBLlc. ceLtronun 3 oRANGE couNrY ! V) 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 ce(ify 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 Signature Signature of Notary Public n OPTIONAL Thouoh the information below is not reouired bv law. it mav orove valuable to persons relvinq on the document" and could prevent fraudulent'removal and reattac)hment of the form to anothei ddcument. Description of Attached Document Document Date Number of Pages Sioner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Title or Type of Document: Signer's Name: n lndividual ! Corporate Officer -Title(s)E Partner n Limiteo n General n Attorney in Fact ! Trustee I Guardian or Conservator [ ] Other: Signer is Representing Signer's Name n lndividual ! Corporate Officer -Title(s):E Partner E Limiteo fl General E Attorney in Fact ! Trustee ! Guardian or Conservator I Other: Signer is Representing Top of thumb here RIGHTTHUMBPRINT OF SIGNER Top of thumb here RIGHTTHUMBPRINT OF SIGNER Place Notary Seal Above 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 Riverside on October 07, 2020 before me,A. Gutierrez, Notary Public (insert name and title of the officer) personally appeared Glenn J. Salsbury who proved to me on the basis of satisfactory evidence to be the person whose name jg/are subscribed to the within instrument and acknowledged to me that @she/they executed the same in his/her/their authorized capacity(1/s), and that by his/her/their signatureJgJ on the instrument the person[p{, or the entity upon behalf of which the person(9, 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 t.la.mttorem'rlro.ClrlriErcgatrvrcrtr:troll!t 2kl $ Signature (Seal) YL 7.tI ttIcI I At\I URt(.,\\ I\St' R,\\('11 (:O\tP,,rNI ('ot.oNt,\ t. A I\t I.tRtcAN c,\s t ;A1.1'\,\\ l) sl I R lll'\' ('o\l I,,\ N \ T'IDF,T,I]'\ AND DEPOSIT (]ONIPANY O[' ]\TARYI,,\NT) POWT,R OI.' A'I"I'OITN EY KNOW AI,I- MI]N BY l.I.IESE I,RESENI.S: -I.hat the ZURICII NMERICAN INSI.JRANCE COMPANY. a corporatiON OIthe StAtC OI.NCTT. York, the COI-ONIAL AMERICAN CASUALI'Y AND SUREIY COMPANY, a corporation of'thc Statc ol'lllinois. and thc I-IDELI'IY AND DEPOSIT COMPANY OF MARYI,ANt) a corporation ol the State ol Illinois (herein collectivelv called the "Companies"), by Ilobert D. l\lurral', Vice Presidcnt. in pursuance of authority granted by Arriclc V, Scction 8, of the []1'-l-a*s ol'said Companies, u'hich are sct lbrth on thc rcverse side hereofand are herebl'certified to be in lull tbrce and ell-ect on the datc hereol, do hcrcby nominate, constitute. and appoinr Charles L. FLAKE, David L. CULBERTSON, Lexie SIIERWOOD and Spencer FLAKE, all of Anaheim, California, EACII, its true and lau'ful agent and Atlorney-in-1.'act, to nrakc, cxccute, seal and deliver. for. and on its behall-as surety. and as its act and deed: an;,and all bonds and undertakings, and the execution of'such bonds or undertakings in pursuance ofthese presents. shall be as binding upon said Companies, as fully and amply. to all intents and purposes, as ifthel'had been dull cxecuted and acknorvledged by rhe regularly'elecied ofllcers olthe ZURICH AMERICAN INSLIRANCE COMPANY at its olllce in Nerv York. Nerv York., the regularly elected officers ol'the COLONIAL AMERICAN CASUALTY AND SURIII'Y COMPANY at its olJice in Orvings Mills, Maryland , and the regularly electcd otllcers olthe FIDEI-lTY AND DEPOSIT COMPANY OIr Mn RYLAND at its o{Iicc in Orvings Mills. Maryland.. in their o\!n proper pcrsons. The said Vice President does hereby certily that the extract set forth on thc reverse side hereofis a true copl'ol'Article V. Section 8' ol- the By-Laws olsaid Companies, and is nou'in force. IN WITNESS WHEREOF. the said Vice-President has hereunto subscribed his/her names and al1lxed thc Corporate Seals of the said ZT]RICH AMI]RICAN INSTIRANCE CON{PAN}" COI,ONIAI, A]\,TERICAN CASTIAI.TY AND STIRI'T}' CON{PAN}'' ANd FIDELITY AND DEPOSIT COI\{PANY OF NIARYLAND. this 7th da1'of June' A.D. 2019. ATTEST: ZI.IRICII A1\,IERICAN INST]RANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDE LIT}' A ND DEPOSIT COIVI PANY OF' ]IIART'LAND By: Robert D. ll,lurral, L'ice President By,Dav,n E. Brovn Secretary State of Maryland County of Baltimore On this 7th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified' Robert D' Murrey, Vice President and Dawn E. Brown, S€cretary of the Companiis, to me personally known to be the individuals and officers described in and who execut;d the preceding instrument, and acknowledged the execution ofsame, and being by meduly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and rhat the seals affixed to the preceding instrument are the C;rporate Seals ofsaid Companies, and that the said Corporate Seals and the signaiuri as such officer were duly affixed and subscribed to the sard instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed my Oflicial Seal the day and year first above written c"".t^a.- A.b^,.*,r.J Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 .\rlll'Ilr,i,+{i:il t'lri:z -\ \;J .\:\Y 1., : a- ;r;_.rr\, - ) 1,. t':,;j' ) !-l:''.,\'- ,/ r(, jS -':, ;. .rrr{'1rs'j 4;;lllt;tis EXTRACT FROM BY.LAWS OF THE COMPANIES "Articlc V, Section 8. Attornevs-in-Fact. I'he Chiel-Execulive Olficer, the l)resident, or an1' l:xecutive Vice Pre'sident or Vicc l)residcnt may. bl rvritlen instrument under the ancsted corporate seal, appoint atlorneys-in-fact $,ith authority to execute bonds, policies. recognizances, stipulations. undertakings. or other like instruments on behall of the Companl'. and rnal' authorize an1, oflicer or any such attorney-in-lact lo aftlx the corporate seal thereto: and ma1' rvith or rvithout cause modify olrevokc anl,such appointment or authority at any tinre. " CERTIFICATE l. the undersigned. Vice President of the ZURICII AM[:RICAN INSURANCE COMPANY. the COLONIAL AMITRICAN CASUAI.TY AND SURETY COMPANY, and the I'-IDEI-ITY AND DEPOSITCOMPANY OF MARYLAND, do hereby'certil)'that the tbregoing Porver olAttorney is still in full lorce and ellbct on the date olthis certitlcate: and I do furthcr certil)' that Article V, Section 8, ol the By-Lau's olthe Companies is still in lbrce. 'l'his Porver of Attomey and Certificate may be signed by lacsimile under and by authoritl'of the lollorving resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on lhe l5th day of December 1998. RESOI.,VED: "ThatthesignatureolthePresidentoraViccPresidentandtheattestingsignature ol'aSecretaryoranAssistanlSccretary and the Seal olthe Company may be affixed by facsimile on any Power of Anomey...Any such Porver or any certificate thereof bearing such lacsimile signature and seal shall be valid and bindingon the Company." This Power of Attorney and Certificate rnay be signed by facsirnile under and by authority ol'thc lollowing resolution of the Board of Directors of the COLONIAt. AMERICAN CAS[JAI-TY AND SURIITY COMPANY at a meeting duly called and held on the 5th day ol May, 1994, and the lollorving resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a mecting duly called and held on the lOth da1'of May. 1990. RESOLVED: "That the lacsimile or mechanically reproduced seal of the company and lacsirnile or mechanically reproducrd signature ofany Vice-President, Secretary, or Assistant Secretary ofthe Company, whether made heretofore or hereafter, whcrever appearing upon a certified copy olany power olafiomey issued by the Company, shall be valid and binding upon thc Conrpany rvith the same lbrce and eff-ect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and allixed the corporate seals of the said Companies, this 1st dal,of October 2020 Bn;UleX.- Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 ZurichWay Schaumburg, IL 60 I 96-l 056 rvww.reports fc I ai m sG)zuri ch n a.com 800-626-4577 ln 19elt