CG Menifee 1, LLC Material and Labor Bond CUP2016-078 30003084MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $62 500.00 Conditional Use Permit CUP 2016-078
Water System $
Sewer System $Total $
Surety Western Suretv Comoanv
Address 1455 Frazee R d. Suite 300
5,250.00 Alt. No. 1516-0255
Bond No 30003084
bt 750.00
Principal
Address
CG Menifee 1 LLC
42540 Rio Nedo Road
City/State San D o CA City/State Temecula CA
Zip 92108 zip 92590
Phone 619-682-3550 Phone 951-719-1680
WHEREAS, the City of Menifee, State of California, and CG Menifee 1 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 CUP 2016-078 / lSt6-0255 , which
agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required, before entering
upon the 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 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California;
NOW, THEREFORE, said principal and the undersigned, as corporate surety, are held
frrmly unto the City of Menifee and all contractors, subcontractors, laborers, material
persons and other persons employed in the performance of said Civil Code in the sum
of Sixtv Seven Thousand Seve n Hundred Fifty and no/100 , Dollars,$ 67,750.00
for materials furnished 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 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.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit
of any and all persons, companies and corporations entitles to full claims under Title '15
(commencing with section 3082) of Part 4 of Division 3 of the civil code, so as to give a
iight of action to them or their assigns in any suit brought upon this bond. 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.
9/8/ t5
Premium $Premium lncluded in Performance Bond
Authorlzltrg By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPAI{Y
This Powcr of Attomcy is madc and cxecuted pursuant to atld by authority of the following By-L8w duly adoptcd by the shareholdcrs
ofthe CompBny.
Section 7. All bonds, policies, undenakings, Powers of Attomey, or other obligations of the corporation shall be executed in lhe
corporate name of the Company by the President, Secretary, and Assistant Secrctary, Trcasurcr, or any vice President, or by such othcr
officers as the Board of Directors may authorize. The President, any vice Presidcnt, Secretary, any Assistant Seffetary, or the Treasurer
may appoint Attomeys in Fact or agcnts who shall havc authoriry to issue bonds, policies, or undcrtakings in the name of the Company.
The corpoiate seal is not necessary for the validity of any bonds, policies, undertakings, Powcrs of Attomey or other obligations of the
corporation. The signature ofary such of6cer atld the corporate seal may be prinled by facsimile.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and
2017surety above named, on March 29
NAME OF pRtNCtpAL: CG Menifee 1, LLC
By:--=::4/.- - t14'l.r.4 bt,.
Name
Title:
(tF coRPoRAT|ON, AFFTX SEAL)
Western Surety Company
AUTHORIZED SIGNATURE
Janice M ^-b Aftorney-in-Fact
artin I rney-in-Fa Title
(rF coRPoRATION, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
9,8,15
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of this agreement 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 stipulates and
agrees that the provisions of Section 2845 of the Civil Code are not a condition
precedent to surety's obligations hereunder and are hereby waived by surety.
AUTHORTZED STGNATURE(S):
MATERIAL AND LABOR BOND
NAME OF SURETY:
CALIFORNIA CERTIFICATE OF ACKNOWLED GMENT
Optional lnformation
Description of Attached Document
The preceding Certificate of Acknow edgment is attached to a doLUment
titled/for the purpose of
Method of Signer ldenrification
Proved to nre on the bas s of satr!fa(tory evid.n( e
lirnrrl.,l den' tr, .l.rr , r.ri tr c ^ lrF$r..
The signer(s) capacrty or authoriry islare as
lndivrdu.r (!)
Attorney rn Feat
aorporate Otice(sl
conta rn in g pages, and dated
Nolarialevent is deta ed in notary tournal on
paqe { Entry I
Other
A l'l,l ofdl \,nne,l qner l, ThumbDr n(,
6uafdLan/Conse,vator
Partner - Limited/General
Trustee(s)
Other
otarv
indi'v
p
id
Ubt (oI other officer completing
ment toth CErtificate verifie5 onlvthe ident
s atiached, an
itv of
d'nottheuaI5rInedthedOCl.l hi(h t hi5 certificate ithetIUthfuhe5s,acauraC or va d of that do(U ent.
State of California
County of ?:rn*'J.
On IL*d^ 21 ?c'r't before me,UJ ,.II llaLt;
here rnse( n.rne and trtle of th.
personally appeared dou
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
W|TNESS my hand and official seal co M.t2t39089 a,o. $litomi!
Signatu re
(5eal)
l.ldltlon.l lnlorm.tlon
representrnq
)
the within instrument and acknowledged to me that he/stfelthey executed the same in his/j€lt*fienauthorized capacity(les), and that by his/hetlthclr signature(al on the instrument the persor(d, or ihe entityupon behalf of which the person(dacted, executed the instrument.
CALI FORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code S 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who 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
San Diego
MAR 2I20t7 before me, Lilia De Loera , Notary Public,
Date
personally appeared Janice Martin
lnse( Name ol Nolary exa.lly as I appears on the ofllclat seal
Sqne(s)
who proved to me on the basis of satisfactory evidence to
be the person( whose name(l) is/k subscribed to the
withrn rnstrument and acknowledged to me that hF/she/txl(Xexecuted the same in hi!{her/UEt authonzed capacity(r€gi.
and that by tiyher/ttEiD(signature(of on the instrument theperson(o0, or the entity upon behalf of which the person6l
acted. executed the instrument
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
-<LILIA DE t
CCMM, #:
NOT\RY PTJBLIC
c)@oSAN DIEG'
NOVEMSE\wr'I and correct
Wrtness my hand and official seal
Place Notary SealAbove Srgnalure ot Nola.y Publ€ Li ta De Loe Notary Public
OPTIONAL
Thouah the infotmation below is not required bv law. it mav Drove valuable to pe.s,ons rclvino on the document- and could Nevent traudulent removdl and reattachment of the form to anothei ddcument.
Dascription of Attached Document
Title or Type of Document:
Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
! lndividual
E Partner n Limited ! General
M Attorney in Fact
E Trustee
E Guardian or Conservator
n Otherl
Signer is Representing
Signer's Name
E lndividual
O Partner E Limited ! General
O Attorney in Fact
El Trustee
E Guardian or Conservator
O Otherl
Signer is Representing
Top of lhumb here Top ol thurnb here
:FA77fi
,IFORNI
IJNTY
2O17
Signature
Document Date Number of Pages:
Ecorporateofficer-Title(s):-ocorporateofficerTitle(s):-
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUr\,lBPRlNT
OF SIGNER
\A/estern Surety Comparry
POWER OF ATTORNEY APPOINTING INDIVIDUAL AT'TORNEY-IN.FACT
l(,row All Men By The.c Pr.sentt, That wEsl'ERN SURETY CoMPANY, a south Dakotr corpomtion, is a duly oqanizcd and existing corporarion
having its principal offic. in thc City ofsioux Falls, and Slatc of Sourh Dakors, and that it docs by virtuc ofrhc siSnaturc and scal hcrcin affixcd hatby
mak , constitute and appoint
Lrwrence F Mc Mahon, sarah Myers, Lilia De Loera, Janice Martin, christopher J conte,
Rachel A Mullen, Individually
of san Dic8o, cA, iB truc snd lswful AttonE(slin-Fact with full power and authority hcrcby confcrEd ro sign, scal ard cxccutc for and on itJ bchalf
bords, und€rtakints snd other obligatory instromaots of simib,r nah[.
- In Unlimited Amounts -
8nd to bird it thclEby as fully and to lha sarne cxtcnt as if such inslrumcrrts werc si8n.d by a duly auiorizcd offic.r ofth. corpontiofl urd all thc ac6 of srid
Attomcy, puBuant to the aulhority hercby givcn, arc heEby ratificd and corfirmad.
This Powc. of Atlorncy is madc atd cxecutad pusrlant to ard by audErity of thc By-trw printcd on thc rEvc6c heEof, duly rdoptcd, ss indicatad, by
lhc sharcholders of th€ corporation.
h wltn€tt wh.r.of, WESTERN SURETY COMPANY has causcd th6c prEcnts to bc signad by its vicc Pr6idcnt and its corpordtc sEal to bc
hcr.to affrx.d on this lTth day of J.ou.sly, 2017.
WESTERN SURETY COMPANY
T. Bruflat, Vice Pcsident
Statc of South Dakota
County of Minnchaha )"
On lftis l Tlh day of Janusry, 2017, bcforc mc pcrsornlly camc Paul T. Bruflat, to mc kmsm, who, bcing by mc duly swom, did d@sc and sayt that
hc rEsidcs in th. City of Sioux Falls, statc of South Dakota; that hc is th6 Vicc Pr6idcm of WESTERN SURETY CoMpANy dcscriM in and which
ex€cuted thc abovc instrumoq thst hc kno$/s thc s.al of said corporalion; that thc s.al affircd to lh. said instruncnt is such corpor.tc s€al; that it was so
a{Iired pursuanl lo authoriry Sivcn by the Board of Dircctors of said corpoiation and thal hc siSncd his r|amc thcrrto pursusnt to like authority, and
acknowlcdg6 samc to b. thc dct snd dccd of $id corpor.tion.
My conunission cxpircs
June 2 202t
J. Mok, Nolary t\rblicCERTIFICATE
I, L. Nclsol! Assislsnt S€crctary of WESTERN SURETY COMPANY do hcnby ccniry $et thc Powcr of Artomcy hctlirEbovc scr fonh is sti[ in
force, and further ccrtiry that rhc By-taw of rh. corporation priorcd on thc rcvqse hcreof is srill in forc€. ln testimony *hercof I havc hereunlo subscribcd
my nsmc and .mxcd thc seal of the said corpontion this 29th March 2017
WESTERN SURETY COMPANY
s€rt
(4U
J.MOHR
Fom F4280-7'r012
day of
L. Nelson, Assistant Sccrcrary
Authorlzhg By-L8w
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Pow.r of Attomcy is madc and cxecuted puGuant to 8nd by authority of the followinS By-law duly adoptcd by the sharcholdcrs
of thc Comp8ny.
Sccrion 7. All bonds, policies, undcnakings, Powcrs of Attomcry, or oth.f, obliSatiofls of the corporation shall bc o(ccuted in the
cotporatc namc of thc Company by thc President, Sccraary, and Assist$t Secretary, Trcasurcr, or any Vicc Prcsident, or by ruch othcr
officcrs as thc Board of DircctoE may suthorizc. Thc Prcsidcnt, any Vic€ Prcsidq[ Sccraary, ony Assistant Sccfttary, or thc TreisuEr
may appoint Attom.?s i[ Fsct or agcnG who shall havc authority to issuc bonds, polici6, or undqtakings in $e name of thc Company.
The corporatc scal is not ncccslrry for thc validity of roy bonds, polici6, undcrtakings, Powcrs of Attomcy or othcr obligations of th€
corporation. Thc signaturc of 8ny such officcr 8nd thc corporatc scal may bc printcd by facsimilc.