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Hillcrest Contracting, Inc. Faithful Performance Bond CIP20-04 7666122DocuSlgn Envelope lDr 9AD8CA50-2017-41aF-A6E8..50825aOF7CF Executed in Three Counterparts PERFORMANCE BOND KNOWALL MEN BY THESE PRESENTS, THAT WHEREAS, the City of Menifee, County of Riverside, State of California, by minute action passed rlrnr tL,2:-.t has awarded to Hillcrest conlraclins, lnc hereinafter desrgnated Bond #7666122 Premium $8,701 as the "Principal", a Contract for construction of the CIP 20-04 Paloma Wash Trail Improvements Prolect project together with appurtenances thereto, and WHEREAS. said Principal is required under the terms of sard Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE,1rys Hillcrest Contracting, lnc AS Principal, and Fidelity and Deposit Company of iilaryland a corporation organized and existing under the laws of the State of tinois , and duly authorized to transact business under the laws of California, as Surety, are held and firmly bound unto the City of Menifee hereinafter called the Contracting City, in the penal sum of one hundred percent (1 00%)of the amount of '-Dollars ($ 1 ,491,302.75), 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. "* one million four hundred ninety-one thousand three hundred two & 751100 THE CONDITION OF THE OBLIGATION lS SUCH that if the hereby bounded Principal, hrs/hers or rts herrs, executors, adminlstrators, 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 bet\tveen the Principal and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 5 DocuSrgn Envelope lD 9AD8CA50,2 01 7< 1 8F-A6E 8-4 508254D F7 C F Notrces, papers and other documenls required by Chapter 2 of Title 14 ol Pan2 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 Contracting, lnc.'1467 Circle Citv Dr.. Corona. CA 92879 and upon Surety at this address Fidelitv and DeDosit Com Dan of [ti1a rv land QIQ Zurich North America. 1299 Zurich Wav, Schaumburq, lL60'196 lN WITNESS WHEREOF, three (3) idenlical 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 24th day of June 2021 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, lnc Principal By Fidelity and Deposit Company of Maryland Surety By e ncer Flake / Attorney-in-Fact 6 A notary public or other oFlicer completing this certificate verilies only the identity of lhe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documenl. STATE OF CALIFORNIA County of Orange On 6124 /21 before me, Lexie Shen*ood , Notary Public, ln66rt Nam6 of Nolary oxaclly as appcars on lh. ollioslsgsl Spencer Flake ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nam.{6) ol Signo(s) LEXIE SHERWOOD COMITI # 2203287 NOIARY PUBLIC ' CAUFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2021 Plac€ Notary 56BlAbov€ Witness my hand and cial seal Signature Signatur€e who proved to me on the basis of satisfactory evidenca to be the porson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed lhe same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. oo erwo OPT'ONAL Thouoh lhe information below is not requircd bv law, it mav orove valuable to oersons re,yino on lhe document- and could prevent fraudulent rcmovdl and reattdchment of the forri to anothei ddcument. Description of Attached Document -l-itle or Type of Document: Document Date Number of Pages Signe(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name D lndividual E Corporate Officer - Title(s) E Partner E tlmitea E General E Attomey in Fact ! Trustee E Guardian or Conservator E Other: Signer is Representing Signer's Name: E lndividual ! Corporate Offlcer -Title(s)E Partner E Limited D ceneral E Attomey in Fact E Trustee E Guardian or Conservator E Other: Signer is Representing Top of thumb here RIGHTTHUMBPRINT OF SIGNER Top ot thumb here RIGHTTHUMBPRINT OF SIGNER Dale personally appeared ACKNOWLEDGMENT State of California County of Riverside ) before me,A. Gutierrez, Notary Public (insert name and title of the officer) personally appeared who proved to me on Glenn J. Salsbury the basis of satisfactory evidence to be the person whose nameB1 islare/the same insubscribed to the within instrument and acknowledged to me that he/she/they executed his/her/their authorized ca pacity(ip4), and that by hiyher/their signature[C) on the instrument the onlS], or the entity upperson behalf of which the per5onfz') 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 offici al. a @Jr,'ff#,+jfi,, a Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certrficate is attached, and not the truthfulness, accuracy, or validi of that document. on )une28,202l ZTJRJCII AMERICAN INSIIRANCE COMPANI'(.OI,ONIAL A]\IERICAN (]ASTiALTI' AND SIIRT]]'\' ('o]\IPAN\ FIDELIT\. AND DEPOSIT CO}IPAN}, OI- NtARI,I-A}-T) PO\l'ER OF ATTORNEY KNOW ALL l\lEN BY THESE PRESENTS: That thc ZURICH AMERICAN INSURANCTT COMPANY, a corporation of the Sratc of Ne$ Yorlq the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ol.the State of Iltinois, and the FIDELITY AND DIIPOSIT COMPANY OF MARYLAND a corporstion of thc State of lllinois (herein collectively callcd tie "Companies"). by Robcrl D. Murrey, Vite Prcsid.nl, in pursuance ofauthority granted by Arlicle V, Section 8. ofthe By-Laws ofsaid Companies. u.hich are sel fonh on the reverse side hereof and are hereby certified to be in full force ard effect on the date hereof, do hercby nominate. constitute, and appoint Chrrlcs L. FLAKE, Spcnccr FLAXE, Devid L. CIILBERTSON, L.ri. SIIER\IOOD of Anrh.im, C.lifo.nir, EACtl, its true and lawful agenl and Attomey-in-Fact, to makc, exccutc, scal and detiver, for, and on its bchalfas surely, and as its act and dccd: rnyrndall bonds rttd u[dertskings, and t]e execution ofsuch bonds or undenakingi in pursuance ofthese presentJ, shall beasbindingupon said Companies, as fully and amply, to all intents and purposcs, as ifthcy had b.en duly executed aid ackrowledged b) tle regularl, elecred oflices ofthe ZURICH AMERICAN INSURANCE COMPANY at its office in New York, Nerr York., the regularly elec(ed officers ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Orvings Mills, Marylaad.. and the rcplarly elected omccrs of the FIDELITY AND DEPOSIT COMPANY Ot' MARYLAND at its office in Owings Mills, Maryland., in their o*n proper persons. The said Vice President does hercby ce(ify that the exlract sct forth on the reverse side hereofis a true copy ofArticle V. Section 8, o[ the By-Laws ofsaid Companies, and is now in forc€. IN WITNESS WHEREOF. the said Vice-President has hereunto subscribed his/her namcs and amxed tie Corporatc Seals of the said ZURICII ^MERICAN INSLIRANCE COMPANY, COLONIAL AIITERICAN CAST'AI.TI' AND SURETI' CONIPAh'}" ANd FIDELITY AND DEPOSIT COMPANY OF MARYL.{ND, rhis I Irh da} ofJune, A.D. 202 t. ATTEST: ZTIRICII ANIERICAN INSIJRANCf, CON{PANY COLONIAI, AIIIf,RICAN CASUALTY AND SURETI' COMPAN}' FIDELITT' AND DEPOSIT COIIIPANI' OF MARYLAND By: Robert D. Murray t'ice Prcsideht 1i],cr,.,,,, (.,'lrnn St.le of lvlrD lsnd Count) ofBeltimore Onthrsllthda)'ofJune,AD202l,beforcthcsubscribrr,aNotaryPublicoftheStareofMaryland.dulycommrssionedandqualrlled,RobertD. Murrry, Vic. Prcsidcnt ,nd Dawn E. 8rown, S.crctrD of(he Conrpanres. to me personally known to be the individuals and olliccrs describ€d in aod who executed the precedlng rnstrumenl, and acknowl€dged th€ execurion ofsame, and being by me duly sworn, deposeth and saith, that he/sh€ rs the sard omcer of the Company aforesaid. and lhat the seals afl'ix€d to the preceding instrumenr are the Corporat€ Seals ofsaid Companles, and thal the said Corporate Seals and the signalur. as such oflcer were duly amxed and subscribed to the said instrumenl by the aulhoriry and direction ofthe said Corporalrons IN TESTIMONY WHEREOF, I have hereunto se( my hand and amxed n)y Om€ial Seallhe da\ and year first above wntlen 4-\Ar4'<,-a.. b^-,r+J Constance A Dunn. Norary Publ,c My Commrssion Expires:July 9,2023 .,. i.l.r-,-':1". ..,lr'-t,\t\Y '1' '1 :':il.{' , l,.l: "'.1;lll:lji' r Anthenticity of this bol}d can be conlirmed at bondvalidator.zurichra.com or 410-559-8790 By. Dawn E. Brown Secretory