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American Ramp Company Faithful Performance Bond CIP17-01 30134669Bond Numbered: 301 34669 PERFORMANCE BOND KNOWALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, County of Riverside, State of California, by minute action passed November 12 2021 has awarded to American RamD Comoanv hereinafter designated as the "Principal", a Contract for construction of the Clp 17 -01 Evans Park Asohalt Pump Track project together with appurtenances thereto, and 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 American Ramp Companv as Principal, and Western Surety Company a corporation organized and existing under the laws of the State of South Dakota, 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 One Million Ninetv Seven Thousand One Hundred Nine and 751100 Dollars ($ 1 ,097,109.75), 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. 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 Tifle 14 of Parl 2 ot Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address: 601 South McKinlev Avenue. Joplin. Missouri 64801 and upon Surety at this address: 101 South Reid St , Suite 300, Sioux Falls. South Dakota 57103-7045 Ame n Ram Com pal By {-V J esMOSS,Sec ry Western Surety Companv Surety By S Brothers,ttorney-in-fact 6 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 16th day of December, 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. 't Civil Code of the State ACKNOWLEDGMENT of California, Section 1188, CERTIFICATE OF An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. (rNDrvrDUAL) State of California County of Riverside City of Menifee On this day of _, in the year 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name _ acknowledged that subscribed to the within instrument and executed the same. WITNESS my hand and official seal SEAL Notary Public - State of California (coRPoRATrON) State of Missouri County of Jasper City of Joplin On this 16th day of December, in the year 2021 , belore me, personally appeared James Moss, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named acknowledged to me that the corporation executed it. WITNESS my hand and official seal. SEAL ) VICKY LYN HATFIELO Notary Public - Notary Seal Jasper County " State of Mis!ourl Commls5ion Number 14629608 My Commission Explres Aug 17,2022 lEror! Unlnown documeflt property nane./Etror! Unknown docum€nt property na me.-Enorl Unknown document proPefi ErorI Unknowndocumentpropert,name.Erorl Untnown document p.operty name. a12116/21 Notary tc-e ofM un Page 1 ) ) ss. ) ) )ss. (PARTNERSHIP) State of California County of Riverside City of Menifee On this day of _, in the year 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public - State of California (ATTORNEY rN FACT) State of Missouri County of Newton City of Joplin On this 16th day of December, in the year 2021, before me, personally appeared Scott Brothers , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the aftorney in fact of Western Suretv Companv and acknowledged to me that he/she subscribed the name of Scott Brothers thereto as principal, and his own name as attorney in fact. WITNESS my hand and official seal SEAL SS ) ) ) - Notary Mlssoun Seal l,/ty sion ry Public - State Missou ri I N Error! unknown document property name./Errorl Unknown document prope.ty nalne.-Errorl Unknown do.ument pIoPertY E or! Unknown docunent prop..ty nime..Error! Unknown do.ument prop.rty name. a12116/21 Page 2 ) ) ss. ) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORN EY-IN-FACT Know All Men By These Preseots. l-hat wESTERN SURIi IY CoMPANY. a south Dalola corporation. is a duly organized and cxisting corporation having its principal oflicc ill the Cily ofSioux Falls. and State ofSouth Dakota. and thal it docs by virtue ofthe signature and seal herein amxed hereby malic. constitute and appornl Scott Brothers, Maria Stout, Dawn Oney, lndividually ofjoplin. MO, its true and lawful Attomey(s)-in-Facl wilh full power fid authority hcreby confcred lo sign, seal and execute for and on its behslfbonds, und€rtakings and other obligatory inslrumenls of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as ifsuch inslruments were signed by a duly authorized oflcer ofthe corporstion and all the acts ofsaid Atlomey. pursuarll lo lhe au&ority hercby given. are hereby ratified and conlirmed. This Power ofAttomey is made and executed puNuant lo and by authority of the By-Law printed on the reveme hereo! duly adopted. ss indicated, by the shareholders of the corporation. In witncss Wh€rco( WESTERN SURETY COMPANY has caused these presents lo be signed by its vice President and its corporate seal to be hercto aflixed on this 24th day ofJune,202l. WESTERN SURETY COMPANY aul 'l llrullal. Vice Presidenl Western Surety Company i'**iit'iEiH***i i@:Bri?i.'*r@i State ofsouth D.kola County ofMinnehaha ) On liis 24lh day ofJune. 2021, before me peBonally came Paul T. Bruflat to mc known, who, beinB by me duly swom, did depose and say: that he resides in the City ofSioux Falls, State ofSouth Datola;that he is the Vice President ofWESTERN SURITY COMPANY described in and which executed the above instrument;that he knows the seal ofsaid corporalionithat the sealaflixed lo $e saad insaument is such corporate seal; that itwas so aflixed pursuant to authorily given by lhe Board ofDirectors ofsaid corporation and that he signed his name thereto pursua,lt lo like authority, and acknowledges same to be (he act and decd ofsaid corporation. M Bent Notar!'Public (.T]RTIFI('A'I'T [, [,. Nelson, Assistant S€cretary ofWLSTERN SURETY COMPANY do hereby ccrti0, that the Power ofAtlorney hereinatrove set forth is still in force. and funhcr ccrlify lial lie By-Law ofthc corporation printed on the reverse hereofis still in forc€. In testimony whcreofl have hereunto subscribed my name and aflixed the seal ofthe said corporation this !6th day of Decemb€r. 202L WESTERN SURETY COMPANY L. Nelson. Assistant Secretary l{m F4280-7-]0ll Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. sqn My commission cxptes March 2.2026 Authorizing By-Lrw ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power ofAnorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the company. Section 7. All bonds, policies, undenakings. Powers of Attomey. or other obligations oI tie corporation shall be executed in the corporate name of the Company by the Presiden! Secrctary, and Assistant Secretary, Treasurer, or any Vice Presidenl, or by such other officers as the Board ofDirectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary. or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name ol the Company. The corporate scal is not necessary for the validity ofany bonds. policies, undertaliings, Powers of Attomcy or other obligations of lhe corporation. The signature ofany such officer and the corporate seal may be printed by facsimile.