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DBX, Inc. Faithful Performance Bond CIP20-06 AND 20-07EXECUTED IN THREE COUNTERPARTS designated as the "Principal", ? Contract for construction BOND/I 36K013524 PREMIllt"l: $6,405 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, County of Riverside, State of California, by minute action passed ApRrL 15. 202fias awarded to DBX. INC.hereinafterof the crP 20-06 & 20-0 7 TRAFFIC SIGNAL project together with appurtenances thereto, and AT MENIFEE/HOLI^AND RD AND MENIFEE/CAMINO CRISTAL RD 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 DBX, rNC. as Principal, and uu cuo cesnr,ry rxsun-lxcr cowmrv a corporation organized and existing under the laws of the State of tlrx_MWSIfIP and duly authorized to transact business under the laws of California, as Surety, are held and firmly bound unto the City of Menifee hereinafter called the Contracting City, in the penal sum of one hundred percent (100%)Of the amOunt of 7t*Dollars ($930, 898. 00 ), lavyful 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, jointry and severally, firmly by these presents .. Xi}I*Xi"ili|rTillffir'l'X3flBo'i3ll^., 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. No final settlement between the Principal and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 5 Notices, papers and other documents required by Chapter 2 of Title 14 of Parl2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address 42024 AVENIDA ALVARADO, SUITE A, TEMECULA, CA 92590 and upon Surety at this address:P.O. BOX 33526, SEATTLE.I.JA 98t 24 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 aru day of MAY 42e_ 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. DBX. INC. Principal fiJyq. 0-, THE OHIO CASUALTY INSURANCE COMPANY Surety ENCER FLAKE / ATTORNEY-IN-FACT 6 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ClVlL CODE 5 1189 { ifiisEs}r#&x*}6tr+**1$tr *xiffitrtr$*} A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County og Riverside ) 9, May 5, 2020 before me, Dote Phyllissa Martz, Notary Public Here lnsert Nome ond Title of the Officer personally appeared James C. Perry Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sisnature Qll qtlci (/tart6, U Signoture of Notory?ioticPloce Notory Seol ond/or Stomp Above OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: DocumentDate: NumberofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name: tr Corporate Officer - Title(s):E Corporate Officer - Title(s): tr Partner- tr Limited tr General tr lndividual D Attorney in Fact tr Trustee n Guardian of Conservator tr Partner- tr Limited tr General tr lndividual D Attorney in Fact tr Trustee o Guardian of Conservator tr Other:tr Other: Signer is Representing Signer is Representing .t*i*'#ffi Fffi ,*I$M4#'*+{r*iE#e#*Xir}rffi**X*&e##F##ffi + @2017 National Notary Association @ t{otrry Public - Crlllornir RiYartlo Counly Commlttlon , 2159E11 11 2020Comm, Er 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 20 before me, Lexie Shenryood , Notary Public, lnsert Name of Notary exacuy as it appears on lhe o{licial seal personally appeared Spencer Flake CALIFORNIA ALL.PU RPOSE ACKNOWLEDGM ENT LEXTE SHERWOOD coMM. *2203287 XOTATY PUBLIC' CALIFORI'IA ORANGE COUNTY JULY 2021 Place Notary Seal Above Witness my hand and official seal 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 instrurnent 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 Califomia that the foregoing paragraph is true and correct. Signature Public OPT'ONAL Though the information below is not reouired bv law. it mav orove valuable to persons relyino on the document- and could prevent fraudulent'removdl and reaftachment of the form to anothei ddcument. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: f]Corporateofficer-Title(s):-!Corporateofficer-Title(s) Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name E lndividual E Partner n Limiteo E General E Attomey in Fact ! Trustee fl Guardian or Conservator ! Other; Signer is Representing Signer's Name: E lndividual ! Partner ltimiteO ! General E Attorney in Fact ! Trustee ! Guardian or Conservator ! Other: Signer is Representing Top of humb here RIGHTTHUMBPRINT OF SIGNER Top of thumb here RIGHTTHUMBPRINT OF SIGNER This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual lnsurance Company The Ohio Casualty lnsurance Company West American lnsurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Culbertson, Charles L. Flake, Spencer Flake, Lexre Sherwood, Heather Willis all of the city of Anaheim state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper pers0ns. lN WITNESS WHEREOF, this Power ol Attorney has been subscribed by an authorized offcer or otficial of the Companies and the corporate seals of the Companies have been affixed thereto this I lth day of December 2019 Libefi Mutual lnsurance Company The Ohio Casualty lnsurance Company West American lnsurance Company By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTG0MERY LibertvMutuil.Certrficate No: 8202720- 9719'19 SURETY 0n this I I th day of December , 20 I 9 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual lnsurance Company, The Ohio Casualty Cornyanya and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalfofthe corporations by himselfas a duly authorized officer. lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. OF PENNSYLVANIA Notarial Seal Tor€sa Pastella, Notary Public Upper Merioa Twp., Montgomory County My Commission Expires March 28.2021 By /-frlb Thts Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows: ARTICLE lV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the have full potver to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or otlicers granting such power or authority. ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. has not been revoked. lN TESTIMoNY WHEREoF, I have hereunto set my hand and affixed the seals ofsaid Companies this 4th day of May 2020 1912 1919 1 991EI4. (!! rna(l) C.'a =-o c(I, co _F Efr>.c PE_ €F<\rbEL(E(l)_}Eo(UO-6 .qo--c O, .*Coq)-(l)g=p6 E_o>O PXe@ -lbNL (r)E9ooot-o9F- ooIco--i s =G96,oq1 F*d> EE.E 8U 6;O6q)cO 0)*AMx'o 9'Eo_!tr--o)oo lC >,:c)Oc>ogFo=z6 l..5 iri ts PAs 1912 1919 1 991 LMS-12873 Ll\rlc OCIC WAIC Multi Co 12l19 By: w