FPG Sun Menifee 80 LLC Material and Labor Bond 36803 086995VMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Grading and Drainage $192 000.00
Erosion Control
WQMP
Total
42 750.00
$500.0021
$256.250.00
Surety Westfield National lnsurance Companv Principal
Address P O. Box 5001 Address
TracUParcel Map 36803
Other Proj. No.GP21-016
Bond No. 086995
Premium $ 4.100.00
FPG Sun lr/enifee 80 LLC
27271Las Ramblas. Suite 100
$
City/State Westfield Cen r, OH City/State Mission Vieio. California
zip 44251 zip 92601
Phone (330) 887-0101 Phone 949-348-8162
WHEREAS, the City Council of the City of Menifee, State of California,and FPG Sun Menifee
80 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 @!_3€.9Q3,, which agreement(s), dated
Seotember 2 2021 is/are hereby referred to and made a part hereof; and,1
WHEREAS, under the terms of said agreement(s), principal is required, before entering upon
thq performance of the work, to file a good and sufficient payment bond with the City of
Menifee to secure the claims to which reference is made in Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code of the State of California;
NOW THEREFORE, said principal and the undersigned, as corporate surety, are firmly
bound unto the City of Menifee and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the agreement(s) and referred
to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sumof Two Hundred and Fiftv-six Thousand Two Hundred and Fiftv Dollars, ($256.250.00)
for materials fumished or labor thereon of any kind, or for amounts due under the
Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
Should the condition of this bond be fully performed, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
\0126/20
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
MATERIAL AND LABOR 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 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.
Surety further stlpulates and agrees that the provisions of Section 2845 ot the Civil Code are
not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on September 27,2021.
AUTHORIZED SIGNATURE(S)
By:/)u^
Name: r,rit
Title: /{"r1.g"o.-.", o1 /a+es:ar-l]' v,<_
(rF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY: Westfield National lnsurance Co an
AUTHORIZEDSIGNATURE: KarlCholtus
Its Attorney-in-F tle
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIG NATURES OF PRINCIPAL AN D
ATTORNEY.IN.FACT.
10/26/20
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
(lF coRPoRATrON, AFFTX SEAL)
State of Michigan
County of Oakland SS
l, Carol A. Thomas, Notary, attest that Bill Raffoul, Authorized Representative of FPG Sun
Men B0 LLC personally known to me on the J'Irh of
,2021
A. Thomas (Notary)
My commission expires on Mav 4 ,2025
State of Michigan, Oakland County acting in Oakland County, Ml
"oo..s.fsJ'H9ry2r"
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SO...' .19rar,"..Q'r,
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CIROL A' IHOMAS
}loTARY PUBI'IC. SIATE Of III
coJNW Of o l(l^No
lfi COIIMISSION EIPnES M,, r' A2s .
AcTTNG rN coJ[IY oF O.\+\.*.L
NOTARY ACKNOWLEDGMENT
STATE OF OREGON
COUNTY OF MULTNOMAH
On September 27,2021 before me , Michael 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.@
OFFIClql STAMP
MICHAEL E TIER]iZ
NOTARY PUBLIC - OREGON
coMMtsstoN No.1013203
MY COMMISSION EXPIRES JUNE 13. M25
/w A^'h,Signature
My Commission Expires June 13. 202E
Genera I
Power
of Attorney
CERTIFIED COPY
THIS POWER OF ATIOR EY SUPERCEOES A'{Y PREVIOUS POWER BEARI G THIS SAME
POWER # AID TSSUED pRrOR TO fim6r21, FOR ANy pERSON OR pERSOIS iIAMED BELOW
POWER NO. 3616922 00
Wesffield lnsurance Co.
Westlield National lnsurance Co.
Ohio Farmers lnsurance Co.
Westfield Center, Ohio
KNOW AII Men by Theso PTosonts, That WESTFIELD INSURANCE COMPANY, WESTFIELO NATIONAL INSURANCE COMPANY and oHIoFARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectavely as "Companies," dulyorganizod and existlng undor the laws of the State of Ohto, and having its prlncipat office In Westfietd Cent6r, M6dtna County, Ohio, do by thesepresents make, constitute and appoint
KARL CHOLTUS, BRAD MAPES, STEFAN A. ENGELHARDT, SARAH HANRE , JOII{TLY OR SEVERALLY
of PORTLAIDplace and steadsur6tYshlp- - -
and State ot OR its true and lawful Attorney(s)-ih-Fact, wrth futt power and authortty hereby conferred tn tts name,, to execute, acknowledge and delrver lrry and all bonds, rocognizficas, trd€rtal(ings, or other insbum€nls or cmtracts of
LIMITATIO}I: THIS POWER OF ATTORI{EY CAI OT BE USED TO EXECUTE iIOTE GUARAIITEE, MORTOAOE DEFICIE CY, MORTGAoEGIIAEmYEE, oR BAIK DEpostToRy BotlDs.
and to bind any olthe Companles thoreby as fully and to the same extent as lf such bonds w6r6 signed by the President, seated with the corporateseal ot the appltcable Company and duly aftested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do inthe premises. Said appointment rs made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:'8e ,t Reso/ved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executave or other Executiv€shatlbe and is horeby vested with lull powor and authorlty to appoint any one or more suitable persons as Attorney(s)-ln-Fact to represent and act forand on behalf of the Company subject to the following provisions:
The Atlotney-ln-FacL may bo givon full t)ower ancl authority forand in tho namo ot and on behalt of the Company, to ex6cute, acknowledoe anddeliver, any and all mnds, recoOnl2ances, contracts, agreements ol lndemnity and other conditional or obllgatory undertaktngs anc, any and allnotices and documents canceling or terminating the Company's liabilrty thereunder, and any such rnstruments so exeched by any suchAttolney-tt-Fact shall be as binding upon tho Company as if signed by the President and sealed and attested by the Corporate S6cr6tary.''Be it Further Resolve4 that the sjgnature of any such designated person and the se€l ot the Company heretofore or hereaner affxed to anypo/vor ot attorngy or any certifcate relatlng thereto by tacsimllo, and any pod6r ot attorneyor cgnlicato boaring lacsimile signatures or facstmileseal shall be valid and binding upon the Company with respect to any bond or undertaking to which jt is aftached.' (Each adopted at a meetingheld on February 8, 2(m).
IN WiINCSS WiEIEOI, W ESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY ANd OHIO FARMERS INSURANCECOMPANY have caused these presents to be signed by therr l{aliord Srr€ty Laadar and Ssnior Exoculiw and their corporate seals to b€ heretoafiixed this (Elh day of JAI{UARY A.0.,2(121 .
Se3s
State of Ohlo
County of Modlna
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WESTFI ELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
6-J x *,*,
la4a
Gary W.umper, Natio and
\AL
State ot ohio
County of Medina
David A. Kotnlk, Attorney at Law, Notary Public
My Commrssron Does Not Expiro (Soc. 147.03 Ohlo Revised code)
I, FTANK A. CaTTino, SecTetaTy of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE @MPANY, do horoby cartify that the above and ficregolng is a true and correct copy of a Power of Attorney, executed by saidCompanies, which is still in full force and effect; and furthermore, the resolutrons of th6Boards of Directors, set out in the Power of Attorney arein full torce and elfe6,t.
ln Witnoss Whotoof, I have hereunto set my hand and afflxod the s6als ol said Companies at Westfleld Center, Ohio, this 27th day of
September A.D., 2021
On thrs (Bth day of JAIUARY A,D.,ml , b€fore me personally camo Gary W. Stumper to me known, who, being by me duly sworn,
did depose ahd say, that he resrdes in Harttord, CT; that he rs l{ational Surety Leader and Senlot Executlve of wEsTFtELD TNSURANCECOMPANY, WESTFIELD NATIONAL INSURANCE COMPANY andOHlO FARMERS INSURANCE @MPANY, the companies described in and whichexecqted the above instrumont; that he knows the seals of said Compana€s: that the sealsafrrxed to sald instrument are such corporate seals: thatthey were so aflixed by order ot the Boards ot Orrealors ol sard Companres: and that he signed his name thereto by like order.
Notarial
Seal tuzlfrfrA
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BPOAC2 (comblned) (06-02)
".i.."'r Frank A. Carrino, Secrerary
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