Stark Menifee Land, LLC Faithful Performance PM36299-1 1164855FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR GRADING:
Precise Grading
Site Amenities
Landscape
Total
City/State Louisville KY
zip code 40223
Phone (615) 553-9500
Parcel ltilap 36299-1
Other Project No.GP15-028P / Park Site
Bond No. 1164855
Stark l/enifee Land. LLC
'12100 Wilshire Blvd.. Ste. 1750
City/State Los Ano eles. CA
zip 90025
$
$
$
$
250
0.00
0.00
250
Principal
Address
WHEREAS, the City of Menifee, State of California, and, 9ta.fI-@!&@!LLE (hereinafter
designated as "principal") have entered into, or are about to enter into, the attached agreement(s)
wheieby principal agiees to install and complete the above designated grading project,. related to (GP)
GPl5-O2bP, which -greement(s) is/are hereby referred to and made a part hereof; and,
2O WftfnenS, 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 Lexon lnsurance Companv. as surety, are held and firmly
bound unto the City of Meniiee in the penal sum of Two Hundred Fiftv Thou ,
Do ars ($250,000.60) lalvful money of the United States, for the payment of which sum will and truly
be mad-", 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 tntent 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.
G P l8-028P FaithfLl Performance
Premium
Phone (310) 806-9811
Surety Lexon lnsurance Companv
Address 10002 Shelbvville Road, Suite 1 00
NIF FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
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 Clty of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by 90% with the
remaining 107o held as security Until the California Regional Water Quality Control Board
issues a Notice of Termination.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,on February 5, 2019.
AUTHORIZED SIGNATURE(S):
RJ fttl u,^t },ra .[rru,cu L,.,kL
A ad^rt ( 0D-l (^.tB i^H^o or.,,kJ s aL &.luL (.g. GLJI,
By:
Name:
Title:
N,t le s (Aerc €
NAME OF SURETY
(IF CORPORATION, AFFIX SEAL)
Lexon lnsurance Company
AUTHORIZED SIGNATURE '.k,tf,'d,I.
Theresa Pickerrell, lts Attorney-in-Fact
(lF coRPoRATlON, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT,
GP I 8-028P Faithful Performance
NAME OF PRINCIPAL: Stark Menifee Land, LLC
\oc tra(.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctvtL coDE s 1.189
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.
On \?{^ Elrwo-*.tzo tq before me,YO., to ",,r(r[. coatJ
personally appeared
Here lnseft and Title of Officer
Nrchoto., Cr"Lt.,
Name(s) of Signe(s)
or the entity upon behalf of which the person6) 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 official seal
Signature
S ure f Notary Public
Place Notary Soal Above
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fraudulent reattachment of this form to an unintended document.
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Title or Type of Document:Document Date:
Number of Pages: _ Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Siqner's Name:
al Corporate Oificer - Title(s):tr Corporate Officer - Title(s):
who proved to me on the basis of satisfactory evidence to be the person(aI whose namq.d is/ue- -subscribed to the within instrument and acknowledged to me that he/s#ttrsy executed the same in -
his/h€rlth€ir authorized capacity(ies), and that by his/herAhe ir signature(€) on the instrument the persor(a), a-
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trPartner - tr Limited tr General! lndividual fl Attorney in Fact
D Trustee n Guardian or Conservator
tr Other:tr Other:
Signer ls Representing:
02014 National Notary Association ' www.NationalNotary.org ' 1-800-US NOTABY ('l -800-876-6827) ltem #5907
State of California €. Ltc' )
county ot Br.ttsl. V'oJt, lslall s
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trPartner- ! Limited E General
n Individual ! Attorney in Fact
E Trustee n Guardian or Conservator
Signer ls Representing:
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APOSTILLE
(CONVENTION DE LA HAYE DU 5 Octubre 1961)
I . Country: British Virgin Islands
This public document
2. has been signed by: GAIL CARRINGTON
3. acting in the capacity of: Notary Public
4. bears the seal/stamp of: GAIL CARRINGTON
CE,RTIFIED
5. at: Road Town, Tortol4 British Virgin Islands
dayof..\t ...,2019
by:Depr[y Governor
DA22i 31
No
9. Seal/Stamp rJ
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10. Signature ....
Deputy U tflcr
GO\
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CALIFORNIA ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certiflcate 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 Kentucky
County of J effe rson
On Februarv 5.019 before me,Sandra L. Fusinetti N Pu blic
)
personally appeared Theresa Pickerrell, Attornev-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
#she/th€y executed the same in his/her/their authorized capacity(ies), and that by
lcis/her/theif 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.
WTNESS my hand and official seal.
/gui, "tuPublic Signature (Notary Public Seal)
[,ry Commission expires Febt!€ry 13,2020
ADDITIONAL OPTIONAL INFORMATION
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fTitle ordescription ot attached document)
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Partne(s)
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POWER OF ATTORNEY
LX- 1 1078Lexon lnsurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home otfice inAustin, Texas, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, BarbaraDuncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa pickerrelt, Sheryon euinn,Beth Frymire, Leigh Mccarthy, Nlichael Dix, Susan Ritter its true and laMul Attomey(s)-ln-Fact to make, execute, seat and detiver for. and onits behalf as surety, any and all bonds, undertakings or othenrvritings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day ofJuly, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or otherperson or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or otherwritings obligatory in nature of a bond not to exceed $10,000,000.00 Ten l\4illion Dollars, which the Company might execute through its dutyelecled officors, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-tn-Fact shall be as bindingupon the Company as if they had been duly executed and acknowledged by the regularly elected otficers of the Company. Any Attorney-ln-
Fact, so appointed, may be removed for good causo and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorneygranted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any suchpower and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any suchpower so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 22nd day of June, 2018.
LEXON INSURANCE COMPANY
ACKNOWLEDGEMENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument, that he executed
said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
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AMY TAYLOR
Notary Public- Slat€ otTennessee
Davidson Counly
My Commission Expires 07-08-19 Amy ylor
Nota Public
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFy
that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and etfect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at MountJuliet. T"nn""."" th," 5fh Day of f eltua .zo ln
4.
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowlngly and wlth intent to defraud any lnsurance company oa other person, files and appllcatlon tor lnsuranc€ ol
claim contalnlng any materially false informatlon, or conceals for tho purpos6 of mistoadlng, informatlon concornlng any lact malerial lhoroto,
commlG a lraudulont insuranca acl, which is a crlmo and subjects such person to crlmlnal and civil penaltles."
SEAL
SEAL
u', 4H
Brian Beggs
President
BY
BY