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SRP III LLC Faithful Performance Bond PLN22-0053 CNS0348746FOR LANDSCAPE: 1-Year Maintenance Total Community Development Department FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT CIry OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) $ 1.725.471.00 Surety:RLl I nsurance Company Address: 9025 N Lindbergh Drive City/State: Peoria lL Zip code: 61615 Phone: (2'13)787-2035 TracuParcel Map _ Other Project No. _ Bond No. CMSO348746 WHEREAS, the City of Menifee, State of California, and, SRP lll 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 landscape projec{, related to (PLN22-0053), which agreement(s) 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 RLI lnsurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of one million seven undred twentv five thousand four hundred seventv one , l$'1.725.471.001 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 lhe 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 and any alteralion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specitied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its ofiicers, agents and employees, as therein stipulated, then this obligation shall become null and void; otheruise, it shall remain in full force and efiecl. 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 in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. $ 1s6.861.00 Principal: SRP lll LLC Address: 24 Corporate Plaza Dr. Ste 100 City/State: Newport Beach, CA Zip: 92660 FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement 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. 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. lN WTNESS \ /I-IEREOF, this instrument has been duly executed by the principal and surety above named, on June 17,2022. AUTHORIZED SIGNATURE(S) NAME OF PRINCIPAL: SRP lll LLC a Delaware limited liability company By: Scott Road Partners, LLC a Delaware limited liability company By: Jupiter B-lll LLC, a Delaware limited liability company Its Member Its Manager By: Edmond F. St. Geme Manager NAME OF SURETY: RLI lnsurance Compa areta T. Thorsen,Attorney-in-Facta (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIALACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT. l-i By: Jupiter Advisors, LLC a California limited liability company 6t Lrt AUTHORIZED SIGNATURE: CALIFOiNIA AIL.PUNPO3E ACXNOWLEDGM!'{T CIVIL CODE 5 1189 A notarypublic or other officer completing tiis certificate verlffes onlythe ldentlty of the individualwho signed the document to vrhich this certific8le is attached, and notthe tfuuttulness, Eccuracy, orvalidlty ofthat document. State of Californla Sacramenlo On L(n ZZ before me, Sandra R. Black, Notary Public Here lnsen Ndme ond Title of the OfrcerDote personally appeared I\,,largarela T. Thorsen Nome(s) of Signe4s) ) who proved lo me on the basls of satlsfactory evldcnce to be the parson(s) whose name(s) is/are subscrlbedto the wnhln lnstrument and scknowledged to me lhrt he/she^hey erecuted the same ln htst/her^helr authorized capaclMles), and that by hiyherthrlr slgnaturc(s) on thc Instrument the person(s), or the entty upon behatf of which the person{s) acted, executed the lnstrument t I certify under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph ls true and correct hand and Slgnature Ploce Notory Seol ondlot Stomp Above of Notory Publtc OPTIONAL CompletinE this informotion con deter tor frdudulent reotttochment of this form to on D.scrlptlon of Attach.d Docum.nt Title or Type of Document: DocumentDate: Number ofPlges: _ Signer(s) Other Than Named Above Capaclty(lesl Claimed by Signer(s) Signel.s Name o Corporate Officer - Title(s):o Corporate Officer - Title(s): tr Partner - tr Limited El Generaltr lndividual tr Attorney tn Fact tr Trustee E Guardlan of ConseMator tr Other: Slgner is Representlng tr Partner - tr Limited E Generdl tr lndlvldual El Attorney h Flct tr Trustea tr Gu8rdian of Conservator tr Other: of the 02017 Natlonal Notary Association Slgner is Represanting: County of Comm Slgner's Name: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbsrgh Dr. Peoria, IL 61615 Phone: 80G645-2402 Ihow All Men by Thae Praen*: That this Power of Attomey is not valid or in effect udess attached to tbe bond whicb ir authorizes execute4 but may be detached by the approving offi cer if desired. That RLI Insurance Company and/or Contractors Bonding and ltrsursnce Company, each an lllinois corporation, (separatcly and together, the "Company") do hereby make, constitute and appoiut: Marcarela T- ThoFen in the City of _PjseIlgrg_. State of Califonria its true and lawful Agent(s) and Attomey(s) in F'act, with full power and authority hereby confcmd, to sign, execute. acknowledge and deliver for and on its behatf as Surety, in generdl, any and all bonds and uodertakings in an amouDt not to exceed L_125.000.000.0!L_) for any single obligation. Twcntv l\{ illion Dollars The acknowledgment and execution of such bond by the said Anomey in Fact sball be as binding upon the Company as ifsuch bond had been executed and acknowledged by the regulady elecled ofrcers ofthe Compaoy. RLI lnsurrnce Company and/or Contrsctors Bonding rnd Insurence Company, as applicable. have each further certified that thc foltowing is a truc and exact copy ofa Resotution adopted by the Board of DirectoB ofeach such corporation, and is now in force. to-wit: "All bonds, policics, undertakings, Powers of Attomey or other obligations of thc corporation shall tbe Company by the President. Secraary, any Assistant Secretary, Treasurer, or any Vice Presideot, of DirectoE may authorize. The Presidert, ary Vice President, Secretary, atry Assistant SecrEtary, or thc Treasurer may appoint Attomeys in !'act or Agents who sball have authority to issue bonds, policies or undertakings in the name ofthe Company. The corporate seal is not oecessary for the validity of any bonds, poticies, undertakings, Powers of Attomey or other obligations of the corporation. Thc signature ofany such officer aDd the corporate seal may be prirted by facsimile." be executed in tbe corporate name of or by such other ofticers as the Board tN WITNESS WIIEREOF, the RLI tnsursnce Company and/or Cotrtractors Bonding aud lnsursnce Company, as applicable, have caused these presents to be cxecuted by its respectivc Vice President with its corporate scal afflxed this lSth day of March 2021 RLI InsuEDce CompiDy Contrsctors Bondlng !trd ltrsurarc€ Compony s},ffifiiai i SEAL.J S 2;*"'J / u.d'By: Vice President Corporate Secrctary On this l Srh day of Marcb 2021 . betbre me, a Notary Public, personally appearcd Barton w. Davis , who being by me duly swonl acknowledged ttnt he signed the above Power of Anorney as the aforesaid ofiicer of the RLI ltrrur.nce Company andlor Contractors Bondlng rtrd Itrsuro[ce Compony and acknowledged said instrumenl to be the voluotary I, the undersigned officer of RLI ln3urotrcc Compatry and/or Coltractors Bondiog and ltriurr[cc Comptry, do hereby ceniff thar the attached Power of Atlomey is in full force and ef[ect and is irevocable; and furthennore, that the Resolution of the Company as set fbrth in the Power of Attomey, is now in force. In testimony whereoe I have hereuoto set my hand and the seal of the Rl-I ItrturaDce Comp.Dy and/or Contractors Botrditrg strd losurrnce Bsrton W. Davis CERTIFICA'I'E Ccmoanv this tar dav RLI ltrrur.trce Comptny Co[a]rctors Boodltrg rnd lnsursnce CompaDy State oflllinois )SS County of Peoria act and deed of said corporation. C*,*.,"\0*t Nottry fitblic CA dofrrcutaE,f By By Jeffiey D Am58Dl9 .;#.r,h%' 'ii:$:irt Catherine D. Glover CALIFORNIA ACKNOWTEDGI,IENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of on Ju Lu 5. a0la before me,Ael hdt'' ootle Here lnsen Nome ond of the O personally appeared edvnorU F. St 6ervr€ Nome(s) of Signe4s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , ELTZAEETH r. @rr0^ Not ry Publi( . C.lilorni. orlnge CountY Commi$ion , 2360185 I certify under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ry Colnm. Epire! Jun 7, 2015 Signature Ploce Notory Seol ond/or Stomp Above 'noture of Notory Public OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date Number of Pages:- Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signeis Name:Signer's Name: o Corporate Officer - Title(s)tr Corporate Officer - Title(s): D Partner - tr Limited E General E lndividual tr Attorney in Fact El Trustee tr Guardian or Conservator tr Partner - tr Limited Et General tr lndividual tr Attorney in Fact tr Trustee tr Guardian or Conservator tr Other:tr Other: Signer is Representing Slgner is Representing: 02019 National Notary Association 6ranapv