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Woodside 05S, LP Faithful Performance PP2019037 1163795Community Development Department FAITHFUL PERFORMANCE BOND FOR MODEL HOME COMPLEX CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1 ) TRACT/PARCEL IVIAP R 36788 OTHER PROJECT NO PP 2019-037 PROJECT NAME: S/LVER TRAIL BOND NO: 116379s EOND AI\,,lOUNT, $25 500.00 Surety Lexon Insurance Company Principal: Woodside 05S, LP Address: 12890 l,ebanon Road Address: 11870 Pierce St. #250 City/State/Zip: Mt- )uliet, TN 37122 City/State/Zip Riverside, CA 92505 Phone: 8 00-9625212 Phone: 951-710-1900 WHEREAS, the City of t\,'lenifee, State of California, and,Woodside 05S, LP (hereinafter designated as "principal") have entered into, or are about to enter into, the attached lvlodel Home Complex agreement whereby principal agrees to remove and refurbish the above designated plot plan, related to (TracuParcel) TR 36788, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under lhe terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal s66 Lexon Insurance ComPany , as surety, are held and firmly bound unto the City of Menifee in the penal sum of IIEISTEIE_I!9.IJSAI1d_EIyS Hundred Dollars and No Cents ($25.500.001 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 ofthe obligation secured hereby and in addition to the face amounl 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 judgmenl rendered. ?.t^ FAITHFUL PERFORMANCE BOND FOR MODEL HOME AGREEMENT The surety hereby stipulates and agrees that no change, elitension 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. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on March 26, 2019 NAME OF PRINCIPAL: Woodside 05S, LP By Name Title: NAIVE OF SURETY (IF CORPORATION, AFFIX SEAL) Lexon Insurance Company Its Attorney-in-Fact MelissaSchmidt Title Attornei,-ln-Fact (rF coRPORAT|ON, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT. AUTHORIZED SIGNATU RE(S): C\C-L- AUTHORIZED SIGNATURE, POWER OF ATTORNEY LX - 1079 Lexon lnsurance Company KNOWALL MEN BY THEsE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home ofltce inAustin, Texas, does hereby constitute and appoint: James l. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner,'Elaine Marcus,Jennifer J. Mccomb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett ils true an'd lawfut'Attorney(s)-tn-Fact to make,execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in n;tu;e of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Djrectors of LEXON INSURANCECOMPANY on the 1st day of July, 2003 as followsr Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or otherpe6on or persons as Attorney-ln-Fact to execute on b_ehalf of the Company any bonds, undertakinga, policies, contracts of indemniti or otherwritings obligatory in nature of a bond not to exceed $8,ooo,ooo.o0, Eight Million dollars, which $rE company might execute through its dulyelected officers. and affx the seal of the Company thereto. Any said execution of such documenls by an Attomey--ln-Fact shall be is bindiniupon the Company as if they had been duiy executed and acknowledged by the regularly elected o?licers of thj Company. Any Attorney-ln--Fact, so appointed, may be removed for good cause and the authority so granted may be ievoked as specified in the poweiof Atiorney. Resolved, that the signature of the President and the seal of the company may be afllxed by facsimile on any power of attorneygranted. and the signature of the Assistanl Secretary, and the seal of the company may-be affixed by iacsimile to any certificate of any suchpower and any such power or c€rtificate bearing such facsimile signature and seal shall be valid ind binding on the Company. Any suchpower so executed and sealed and certificale so executed and sealed shall, with respect to any bond of undertaking to whi;h it'is attached,continue to be valid and binding on the Company. lN W|TNESS THEREOF, LEXON INSURANcE COMPANY has caused this anstrument to be signed by its President, and its CorporateSealto be afllxed this 22nd day ofJune, 2018 LEXON INSURANCE COMPANY 8Y ?Vr+r Brlan Beggs Pres dent ACKNOWLEDGEMENT On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he ;xecutedsaid instrument on behalf of the corporation by authority of his oflice under the By-laws of said corporation ..".rr:.f.^I";,z :,-.1-:: i,l,##.s AMY TAYLOR Nolary Pubtic. Stalr ol Tennessee Davidson County My Commi$lon Expi.es 07-08-19 CERTIFICATE l, the undersigned, Assistanl Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFYlhat the original Power ofAttorney ot which the forgoing is a true and correcl copy, is in full force and effect and has not been revoked and theresolutions as sel forth are now in force. BY Amy lor Nota Public Signed and Seal at Mount Juliet, Tennessee this 26lh Day of [,4arch 2019 BY Andrew Smith Assistant Secretary "wARNl G: Any porgon who knowlngly and with lntgnt to delraud any Insurancs company or olho, psrson, files and applicatlon lor ln3uranco ofclalm contalnlng any matgrlally talso inlormatloh, or conceals tor the plrposo of mlslsadlng, information concsmlng any fact matorial thoreto, commlt3 a fraudulent lnsurancE act, whlch is a crimo and sublects such person to criminal .nd clvil p6nalties.,, SEAL SEAL State of Illinois) ) ss. County ofDupage ) On March 26.2019, before me, Tariese M. Pisciotto, a Notary Public in and for said Melissa Schmidt known to me to be Attomey -in'Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalfofthe said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. M res se M. 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