FPG Sun Menifee 80 LLC Faithful Performance Bond 36803 086995VFOR: Grading and Drainage
Erosion Control
WOMP
Total
FAITHFUL PERFORMANCE BONO
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
$384 000.00 Tract Map 36803
85,500.0 Other Proj. Ref. GP21-016
43 000.00 Bond No
Premium
$
$
$
086995V
512 500.00 $ 4,100.00
Surety Westfield National lnsurance Companv principal FPG Sun Menifee 80 LLC
Address P.. Box 5001 Address 27271Las Ramblas. Su ite 100
City/State MissionVieio.California
zip 92601
Phone (330) BB7-0101 Phone 949-348-8162
WHEREAS, the city council of the city of Menifee, state of california, and FpG sunMenifee80 LLC (hereinafter designated as "principal") have entered into, or are about toenter into, the attached agreement(s) whereby principal agrees to install and complete the
above designated public improvements relating to Tract 36803, which agreemen(s), dated
September 21. 2021, is/are hereby referred to and made a part hereof; and,
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 Westfield National lnsurance Companv ,dSsurety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundredand Twelve Thousand Five Hundred , Dollars, ($ 512.500.00) 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, andwell 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 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 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.
T
City/State Westfield Center. OH
Zip code 44251
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
ag reement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,on September 27,2021
AUTHORTZED STGNATURE(S):
By:
Name: lcr t ll,r?.-/&.^-r\lle: g.t44u,-r zr..l f z?'.,.sa* t44-4-<-
(rF coRPoRATrON, AFFrX SEAL)
NAME OF SURETY: Westfield National lnsurance Com n
AUTHORIZED SIGNATURE: Karl Cholt
Its Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGME NT OF SIGNATU RES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
NAME OF PRINCIPAL: FPG Sun Menifee B0 LLC
State of Michigan
County of Oakland t SS
l, Carol A. Thomas, Notary, attest that Bill Raffoul, Authorized Representative of FPG Sun
Menifee B0 LLC personally known to me onthe 5-\<1s of
,2021
arolA. Thomas (Notary)
My commission expires on MaV 4.2025
appea.ffi,[6f9re me
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%*^;i,s d;ffi#,H"w
State of Michigan, Oakland County acting in Oakland Countv, Ml.
NOTARY ACKNOWLEDGMENT
STATE OF OREGON
COUNTY OF MULTNOMAH
On September 27,2021 before me,IVichael Mertz a Notary
Public, personally appeared Karl Choltus personally
known to me (or 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 all 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.
WITNESS my hand and official seal.
Sig nature
My Commission Expires June '13, 2025
@
OFFICI,AL STAMP
iIICHAEL E I]IERIZ
NOTARY PUBLIC. OREGON
coMMtsstoN No.1013203
If,Y COMMISSION EXPIRES JUNE 13,2025
Genera I
Power
of Attorney
CERTI FIED COPY
THIS POWER OF ATTORNEY SUPERCEDES AIY PREVIOUS PO}VER AEARIIIG THIS SAMEpowER # a o tssuED pRtoR To 01/(5/21, FoR Ar{y pERSOX OR pERSOI{S r{AMED BELOW
POWER NO. 36,t6S22 00
Westlield lnsurance Co.
Westfield Nationa! lnsurance Co.
Ohio Farmers lnsurance Co.
Westfield Center, Ohio
KNOW AlI MEN DY ThESE PTESONIS, ThAt WESTFIELD INSURANCE @MPANY, WESTFIELD NATIONAL INSURANCE COMPANY ANd OHIOFARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a -Company" and co eciively as -Companies,, dutyorganlzed and exlstlng unde. tho laws ol the Stato of Ohio, and having its prlncipal office ln Westlietd Cbnter, Medtna C6unty, Ohio, do bi thos;,presents make, constitute and appoiht
KARL CHOLTUS, BRAD MAPES, STEFAII A. ENGELHANDT, SARAH HARREiI, JOI}ITLY OR SEVERALLY
of PORTLAT{D
p ace and stead,
suretyshiP - - -
and State ot OR its true and lawful Attorney(s)-in-Facl, with tull power and aLrthorlty hereby conlerred ln tts name,to execute, acknowledOe and delrver arry and rll bonds, recogniancoa, lrxloftatims, or otlt€r irEarirm6nts or contecas oi
LIMITATION: THIS POWER OF ATTORIIEY CAIII{OT BE USED TO EXECUTE IIOTE OUARAI{TEE, MORTGAOE DEFICIE CY, MORTOAOEGUAMITEE, oR BATK DEPoSIToRY Bolos.
and. to-blnd any olthe Companies theroby as fully and to the samo oxtent as lf such bonds were signed by the Presldont, seated with the corporateseal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming a that the said Attorney(s)-in-Fact mai do intn! pJ:ellses. sard appointment is made under and by authonty of the fotlowing reso[]tion adopted by the Board of Directors of each_of theWESTFIELD INSURANCE CoMPANY, WESTFIELD NATIONAL INSURANCE COMPANY ANd OHIO FARMEIiS INSURANCE cDMPANY:"Be it Reso/ved, that the President, any Senior Executive, any Secretary or any Frdelity & Surety Operations Ex€cutjve or other Executiveshallbe ahd rs hercby vested with tull powor and authorlty to appoint any one or more suitabto personj as Attorney(s)-in-Fact to represent and act torand on behalt of the company subject to the folloring provisaons:
. .The Atlotnoy'in-Fact may be given full power and authority lorand in the name of and on bohatf of the Company! to exacute, acknowledoe anddeliver, any and all bonds, recognlzances, gon!!.actsr agreements of lndemnity and other conditionat or obligatory irndertaktng! and any a]nd anotices and-documents canceling or termanating the Company's liabllity thereunder, and any such inst-rume-nts so exec-uted by alny suchAttorney-ln-Fac1 stlall be as binding upon.the Company as if signsd by the President and sealed'and attested by the Corporate Secr€,iary.,'Be il,Fu.nher Resolved, that the srgnature of any such designated person and the seal of the Company herdtofore or'hereafter affixdd to any
Power ol attorney or any certificato rolatlng thereto by facsimilo, and any power of attorneyor certlficato 5earing facsimile signatures or tacsimil;seal shall be valid and binding upon the Company with respect to any bond or undertakin{i to which it is attachied.' (Each atopted at a meetingheld on February 8, 2000).
IN W|INCSS WiETCOf, WESTFIELD INSURANCE @MPANY, WESTFIELD NATIONAL INSURANCE coMPANY ANd OHIO FARMERS INSURANCECOMPANY have caused these presents to be signed by therr [aaioaral Srroty Lrad€r and Sanior Exa<ulivE anct thetr cor@rate seals to be heretoaffixed this (Bth day ofJAtIUARY A.D.,2(rX.
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On thrs (Bth day of JAIUARY A.D., An21 , before me personaliy came Gary W Stumper to me known, who, boing by me duty sworn,did c,epose and say, that he resides rn Hartford, CT; that he is Natlonal Surety Leader and Senlor Executlve of WESTF|ELD TNSURANCECOMPANY, WESTFIELD NATIONAL INSURANCE COMPANY andOHlO FARMERS INSURANCE COMPANY, the companles described in and whichexecuted the abovo instrument; that ho knows the seals of sald Companies; that the sealsaffixad to said instrumont aro such corporat€ sgals; thatthey were so affixed by order ot the Boards ol Directors of said Companies; and that he srgned his name thereto by ttke order.
Notarial
Seat fulzl/6fr/A
State of Ohio
County ol Medlna ss,
Seals
State ol Ohio
County of M6dlna ss
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANYOHIO FARMERS INSURANCE COMPANY
{"*J1 / A*-
Gary W.mper, Nationa and
Sen
David A. Kotnlk, Attorney at Law, Notary Public
My Commrssron Does Not Expire (Sec. 147.m Ohio Revised Code)e or
l, Frank A. Ca.rino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL TNSURANCE COMPANY and OHtO FARMERS
INSURANCE @MPANY, do hereby cenlly that the above and tcrogoing is a true and correct copy ot a Power of Attornoy, o@cutod by said
Companies, which rs still in full force and efbct; and furthermore, th6 resolutions of theBoards of Oireclors, set out in the Power of Attorney are
rn tull forco and etfect,
September A.D., 202'l
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l84a
BPOAC2 (comblned) (06-02)
...:...".Frank A. Carrino, Secretary