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International Fidelity Insurance Company Cash Bond GRIFSU669105 Premium: $984.00 Annual Performance & Payment Bond BOND # GRIFSU0669105 KNOW ALL MEN BY THESE PRESENTS: That Del Taco LLC hereinafter called the Principal),and International Fidelity Insurance Company(hereinafter called the Surety),are held and firmly bound unto City of Menifee,a California municipal corporation (hereinafter called the Obligee), in the full and just sum of Sixty Five Thousand Six Hundred Thirty One and 56/100 Dollars($ 65.631.56 )the payment of which sum,well and truly to be made,the said Principal and Surety bind themselves,and each of their heirs, administrators, executors,and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal and Obligee have entered into a written Agreement dated the 24th day Of February 12017 for Landscape Improvements outlined in bid documents project specifications. WHEREAS,the Obligee has agreed to accept a bond guaranteeing the performance of said Agreement for a period of one year, including the payment of labor and material furnished for use in the performance of said Agreement for a period of one year. NOW,THEREFORE,THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the Principal shall well and truly perform,during the term of this bond,each and every obligation in said Agreement at the time and in the manner specified, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void,otherwise to remain in full force and effect. PROVIDED,HOWEVER,That this bond is subject to the following conditions: 1. This bond is for the term beginning Februnry24 2017 and ending February 24,2018 The bond may be renewed for additional terms at the option of the surety,by continuation certificate executed by the Surety. Neither non-renewal by the surety,nor failure,nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. 2. In the event of default by the Principal,Obligee shall deliver to Surety by certified mail,a written statement of the facts of such default,within thirty(30)days of the occurrence. In the event of default,the Surety will have the right and opportunity,at its sole discretion,to: a)cure the default;b)assume the remainder of the Agreement and to perform or sublet same;c)or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Agreement price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines,penalties,liquidated damages,or forfeitures assessed against the Principal. 3. No claim,action,suit or proceeding,except as hereinafter set forth,shall be had or maintained against the Surety on this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs,executors,administrator or successors of } Obligee. 5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying Agreement,then the terms of this bond shall prevail. 7. This bond shall not bind the Surety unless the bond is accepted by the Obligee.If the Obligee objects to any language contained herein,within 30 days of the date this bond is signed and sealed by the Surety,Obligee shall return this bond,certified mail or express courier,to the Surety at its address at: Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and conditions,herein. Signed and sealed this 3rd day of March 2017 PRINCIPAL: SURETY: Del Taco LLC International Fidelity Insurance Company (seal) 11 `, _(seal) (Name&Title) Adam Martin ,Attorney-in-Fact 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. Connecticut State of aakkiwde County of Hartford ) On March 3,2017 before me, Ashley Sinclair (insert name and title of the officer) personally appeared Adam Martin 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 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. ASHLEY SINCLAIR NFLT. RYPUBLIC-173125 MY COMMISSION EXPIRES JAN.31,2022 i SignaturLII�U (Seal) Tel (973)624-7200 POWER OF, INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWAR.K, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint STACY RIVERA, AIZA LOPEZ, JENNIFER M. GARTEN, MICHELLE ANNE MCMAHON, JOSHUA SANFORD, NICOLE ANN CLARK, DONNA M. PLANETA, KERI ANN SMITH, DANIELLE D. JOHNSON, STEPHANI A. TRUDEAU, ADAM MARTIN, BRIAN PETERS, ASHLEY SINCLAIR, AIMEE R. PERONDINE Hartford, CT. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or.permitted by law,statute;rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President,Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,aggents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given ffor the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December,2015. STATE OF NEW JERSEY trNSUAtTy dt � � County of Essex ��,� 0 03• ' U o Ili1sa4� 4 1936 JE �s ROBERT W.MINSTER Chief Executive Officer(International Fidelity �E1vJERs�� Insurance Company)and President(Allegheny Casualty Company) On this 31st day of December 2015,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. •��gSioN• p0 NOTARY�t�•' / =� PUBLIC y: y ' �4�Fgp19 Co a` A NOTARY PUBLIC OF NEW JERSEY 5�c ......•. ` My Commission Expires April 16,2019 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this ✓ �� day of Hugh f oLUI� MARIA BRANCO,Assistant Secretary