FPG Tricon Menifee Property LLC Faithful Performance Bond TM32628 K40279088FOR: Grading
Drainage
Erosion Control
WQMP
Total
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Tract Map 32628
Other Proj. Ref
Bond No.
Premium
K40279088
$4,408.00 / Annually
$ 232,000 lnitial Term is Fully Earned
Surety Westchester Fire lnsurance Companv Principal FPG Tricon Menifee Property LLC
Address 436 Walnut Street P.O. Box 1000 Address 27271 las Ramblas Suite 100
Cig/State Philadelohia. PA City/State Mission Viejo, CA
Zip code 19106 zip 92691
Phone (21s) 640-1ooo Phone (949) 44s-6929
WHEREAS, 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 Westchester Fire lnsurance Comoanv, as surety,
are held and firmly bound unto the City of Menifee in the penal sum of @roldlgglh!.ry
Two Thousand and 00/100 , Dollars,232 000.00 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(s) 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 indemniff 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 of Menifee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
$=22J00_$ 94.000$ 42.000$ 69.000
WHEREAS, the City Council of the City of Menifee, State of California, and Ep.ldq
Menifee Propertv LLC (hereinafter designated as "principal") have entered into, or are about
to enter into, the attached agreement(s) whereby principal agrees to install and complete the
above designated public improvements relating to TracVParcel Map 32628, which
agreement(s), dated @!@ is/are hereby referred to and made a part hereof; and,
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement(s) 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 to the
terms of the agreement(s) or to the work or to the specifications..
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(s) is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by 90% with the
remaining 10% held as security for the one-year maintenance period provided for in the
agreement(s).
lN WTNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,On October 12th 2021
NAME OF PRINCIPAL:FPG Tricon Menifee Propertv LLC
AUTHORIZED SIGNATURE(S):
By
ame h
fr"WI
()'\
(rF coRPoRATrON, AFFrX SEAL)
NAME OF SURETY: Westchester Fire lnsurance Com
AUTHORIZED SIGNATURE:
Its Attorney-in-F eli Lopez
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
k1-
Title:
(IF CORPORATION, AFFIX SEAL)
CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT
A Notary Public or other otficer completing this certificate verifies only the identity ofthe individual who signed
the document to which this certificate is aftached, and not the truthfulness, accuracy, or validity ofthat document.
State of Califomia
County of Orangeafi lZuti
On
personally appeared Melissa Lopez
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 inslrument
the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of State of Califomia that the foregoing
paragraph is true and correct.
\
I
. before me.Christina Marie Rogers No1ar\Public
CHRI'TIT{A IAARIE RO6TRS
Iotary Publi( . Glirorni.
0r.nte County
Comlrllrsion ,2305241
't{y Comm. Erpire5 Sep t4, 2023
WITNESS my hand and official seal
Srcrlrun
,
PI-ACE NOTARY SEAI, ABOVI]
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent remoyal and reattachment ofthis form to another document.
Description of attached document
Title or type of document:
I)ocument Date Number of Pages:
Signer(s) Other than Named Above:
EHUBE}
Power of Attomey
Westchester Fire Insurance Company I ACE tunerican klslrrance Company
Ihoe ,lJl by The!. Itr.tota that IXE'IIHESIBR FIRA INSURANCB ()oMPANY and ACE AMERIC N INSUnANUB COITiPI}{Y coryoratioDs of the commonwea]th of
Permsylvenia do each hereby consdtute and appoht lennifer Anaya, Kevin S. Bo8art, Erik Johansson, James W. Johnson, Frances Lefler, Melissa Lopez,
S,cott M. Milne and Leticia Romano of Tustin, California --------
hstnrments ammding or altedig trhe same and consents to tie modlflcadoD or altemdclrr of any instmment refened to t1 said boDils or obligdoD8.
h lrlbels Clhateol WXST*IESTER FIRE IIISUnANG COMPAI\Y aDd AG AMERICAN INSURANCE COMPAIry beve each enecuted snd dtested these presents md ffi(ed then
rorp o rBre seals on tlls l5r dey ofJatuary. 2019.
f,)uur.rn. thl.o €(
Itiun ll (lhllIrr.. \\.r'runr xrrLl] ]\r(ph(n ll.llrnq. \irc ['r(\i cnt
ffiffi
STA1E OF NEW]MSEY
County oiHunterdon ss
tlo thls I5o day ofJbnEsy, 2019, before me a Notary firblic ofNewJersey, personally came Dawn M. Chlorcs, to me lG'lown to be Assist Dt Secretery of \i,ESTCHESTER FIru
INSLIRANCE COMPANY a,'rd AG AMERICAN INST IIANCI COMPAI\ry, the companies whi€h execlted the foregolng Power ofAuorney. aDd tlre seid DawD M. ft oms. beiDg by me
duly stvom, did depose and say tbat she ls Asslstant S€cretary of WESTGIESTER FIRI INSURANCE COMPAM and ACE AMERICAN INSURANCE COMPANY ed kloes tle
by authorlty of s3id Companies and ln deponent s presence.
Notadal seal loll+Rll{E ,r. aIEurRNCIMY FIJI.E G !!IY .IEEY!o alGECffiir/d F$..r!, ra. 2oro
CBRTtsICATION
Resoludons edopted by the Boerds oi Dlrerto$ d WISTOIESTER FIRE INSURANCE mMPANY on Dec€mber 11, 2006 : ACE AMERIG{N INSI xANm CoMPA\Y oD March 20.
2009
dtered itto intbe ffdirlary olrs€ dh$jruss (€adr a 'lltltr€n C6mtr$.flt')
sal ofttE Conprty a oth€r{rie.
turstnile m srdl \ttitlen Comn'dtn€rt tr vrimdt appointnen or ddesadm.
itE Compey, ad sdr l6duim SDll rd nmn tr dll€rqise ,tred ltE ererri* dany sudt pd6 d euthnfty od'rryBe Elidly g&ted a wded.'
l, Dawn M. Chloros, AssistaDt SeseEry ofWESTGIESTER rIRE INSUnANG COMPANY and AG AMERICAII IITISIJRANCE COMPANY (the "CompaDles") do her€by cffiry that
(1) nhe foregoing Resoludons adopted by ibe Board ofDlrectors of tbe Compardes ere true, corect and in fiiI forc€ and effect.(jl) the foregolqg Power ofAttomey Is true. correct and ln tull iorce and effect
Givm under my hend end seals ofsaid CompaDles at Whltehouse Station. N, thb OCtObef 12th, 2021 .
otteBise, to tlE drent tlEt slrn adidl is auhir€d by tle girxr ofpov,€Is lrovid€d for in srdr pelsms writt€n appdrtm€rr a! srdr atttrney,irlfaci
infad of dle Cnnpany with tull povr€r andaudlfftyroo.e.ut€, f6 and m bdDlfofdle Comlany. under tfE seal dthe Compenyffdh€rsise, sudr\rnttencmritms&ofthe
Corpanyas may b€ spedfled in srdr *,ritten .ppoinEnen. *iidr 9€dfi(:dm may be bygers:l Cpe or da$ of !\htr5l Canmitrn€rls c. by pedfdim d oE d mre Daniorlrr
wiitt€n CGunitmerts.
Companyth€ authdityto execln€, for and m bduf d rtE Cdrpary, u-rd€r the Csnpany3 seal or o.herwise, su.i wntten C€l:rmnm€rts oftl€ Cnnpuny s re sp€cifled in sudt
wrifien delegatim, whdr spedfledm may be by gerEral typeor da$ d \4iidm Ccmtmens tr by specifl(:lim €fore tr mtre particdar Wnt€n Comnritmnts.
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VIFIC- AAla rev 06-181
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IN TH! XIIEI{T YOU W]SHTO !'ERIIY THX AUTTiXNIICITY OI TIIS DOND Of, NOI'IFY US OI ANY OIHIA MAIIXR PLEA$ COI!'TACT US At
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EHIJEIEI
WESTCHESTER FIRE INSURANCE COMPANY ("WESTCHESTER FIRE") has authoTized
its respective Attorneys-in-Fact to affix WESTCHESTER FIRE'S corporate seal to any
surety bond executed on behalf of WESTCHESTER FIRE by any such Attorney-in-Fact
by attaching this Notice and Addendum to said bond.
To the extent this Notice and Addendum is attached to a surety bond that is executed
on behalf of WESTCHESTER FIRE by its Attorney-in-Fact, WESTCHESTER FIRE
hereby agrees that the corporate seal below for WESTCHESTER FIRE shall be deemed
affixed to said bond to the same extent as if its raised corporate seal was physically
affixed to the face ofthe bond. WESTCHESTER FIRE hereby further agrees that the
execution of said bond on behalf of WESTCHESTER FIRE by its Attorney-in-Fact with
said Attorney-in-Fact's digital signature shall be considered acceptable to the same
extent as if the Attorney-in-Fact executed the bond with their original, wet ink
signature.
Dated this 25th day ofAugust, 2O2O.
WESTCHESTER FIRE INSURANCE COMPANY
Byt
Stephen M. Haney, Vice President
4
SURETY BOND DIGITAL SIGNATURE A]\ID CORPORATE SEAL
NOTICE AND ADDENDUM
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