CG Menifee 1, LLC Faithful Performance Bond CUP2016-078 30003084f,irflffiillilff,I.?lHt*ffi"
FOR: Streets and Drainage
Water System
Sewer System
Total
125 000.00
500.00 Alt. No. lS16-0255
Bond No. 30003084
$135.5 0.00 Premium $1,951.00
$
$
$
I
Principal
Address
CG Menifee '1 , LLC
42540 o Nedo Road
City79131s Temecula, CA
zip code 92108 Zip 92590Phone 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 / lS16-0255 , 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 principa I and Western Surety Com pany ,ASsurely, are held and firmly bound unto the City of Menifee in the penal sum ofone Hundred Thirtv Five Thousan d Ftve Hundred and no/100 Dollars,$135 500.00
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, and
well and truly keep and perform the covenants, conditions and provisions in the said
agreement 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; otheruise, 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 in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
9,'gr I 5
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Condition Use Permit CUP 2016-078
Surety Western Surety Company466[s@0citylState@
Authorlzlng By-Lsw
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attomey is made and cxecuted pursuant to and by authoriry of the following By-Law duly adoptcd by thc shareholdcrs
ofthc Company.
Scction 7. All bonds, policies, undertakings, Pow6s of Attomey, or other obligations of the corporation shalt be execured in the
corpomt€ name of lhe Company by the President, Secretary, and Assistant Secactary, Treasurcr, or any Vice President, or by such other
officfis os the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attomeys in Fact or agents who shall have authoriry to issue bonds, policies, or undertakings in the narne of the Company.
The corporate seal is nol necessdry for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the
corporation. The signature ofany such omcer and the corporate seal may be printed by facsimile.
Western Surety Company
PO1VER OF ATTORNEY APPOINTING INDIVTDUAL ATTORIiEY-IN.FACT
kno* All tLn By Th... Pr..rntsr Thai WCSTERN SURETY COMPANY. a Sourh Drko6 corpo6.ioG is a duly organiz.d and *isting corporaoon
having rls princlPal oflicc rn th! city ofsiou Falls, rnd si!t. of Sourh Dako6. .nd rhrl ri do6 by vinuc ofrh. 3igrrturE lnd scal her.in rffixcd hc.rby
makc. constrtutc ard appoint
Lawrence F Mc Mahon, Sarah Myers, Lilia De Loera,.Ianice Martin, Christopher J Conte,
Rachel A )lullen, Individually
of S.n Dic8o, CA, ils lruc .nd lawful Attomey(s)-in-Fact with full po*cr and authority hcrcby confcncd to sig!, scal and cxacutc for and on irs bchalf
bonds, undc(.kiogsand othcrobligatory insEum.nts of simrlarn.tur.
- In Unlimited Amounts -
ahd lo bind rt lhccby as fully and lo lhc samc Gxt.nl as if slEh inslruncnrs wcr! siSr€d by. duly aurhonz.d omccrofrh€ corponrion and all thc act3 ofs.id
Attorncy, pursuart to th. authority hc.lby 8iv.n. arc hcEby Erifi.d rnd confirm.d.
Thrs Pow.' of Atlomcy is m.d. lnd cxtEutld pusuart b rnd by rutho.iry o f thc By-l.rw printcd on thc nvsrs. h.r!of, duly adoprcl, as rndoatcd, by
lhc sh.GholdcB of (h€ corDorarion.
to wlt!.t! Wt.raof, WESTERN SURETY COMPANY h.! caus.d thcsc prcscots ro bc sign d by it5 vicc Pr6idcnr .nd ils corpor.t s.!l ro b.
h€r.to amrrd on this lTth dayofJmu.'y,2017.
WESTERN SURETY COMPANY
T Brufllr, Vicc Prcsidan
Star. ofSoulh Dakota
County ofMinnchaha
On thrs lrlh day of ranuary,2017, b.for. mc pc$onally canc P.ul T. Brufl.i. to mc hrowr\ who, bcing by m. duly rwoBr did dcpos. and sayr thar
he r6id.s ir fi. City of Siour Falls, Slalc of South DakoE, rhar h. is rh. Vic. Pr6idcnr of WESTERN SURETY COMPANY dcscribcd in .nd *hr€h
?rccu(.d thc abovc instruncnl; th.l hc knows lhc 5"!l of said corDoation; thar rhc s€.l.mrcd to lhc i.id io$rumcnr is sucb corlorarc scal; rhar rr wa5 so
lEircd pursu. lo aurhonty grvcn by thc Board of Dir..tor! of slrd corDorarDn and rh.r h. srgncd his lurnc rlErdo pu8uant ro likc aufioriry, .nd
acknowl.dgca samc to bc th. !d and d€€d ofsaid corloralon.
My commrssion.tpires
,unc 2l 202 r
J. Mohr. Nolary lic
CERTIFICATE
I, I- NEhon, Assist nt Sccrctary of WESTERN SURETY COMPANY do hcr€by ccnify that lhe Powc. of Anomcy her.inabovc sct fonh is still rn
lbrc€, rnd funh.r c.(rfy that th. By-Law ofth. corporation printcd on thc rcv.rs€ h.reofis snll in forcc. ln tcstimony *hcrcofl hav.hcr.unro subscribd
my nam. and amrcd th. scal of ftc said corporztion rhis--f!-- day of November
WESTERN SURETY COMPANY
J MOHR
Fom F4280'r.l0l2
L,r\ Assistant Saarctary
)
2018
CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT civir code S 118e
A notary public or other officer completing this certificate verifies only the identity ofthe individualwho signed
lhe documenl, to which this certificate is anached. and not the truthfulness,or validity of that document.
STATE OF CALIFORNIA
County of San Oiego )
On Nov 2 I 2018
personally appeared Lawrence F. NilcMahon
tl
JANICE R. MAAiiN
who proved to me on the basis of satisfactory evidence lobe the person(il, whose nameffi is/d/H subscribed to thewlthln lnstrument and acknowledged ro me thathelHfldllll$
executed the same in hislll{tllllfll authorrzed capacrlyU#gi.and that by h'silrHl/Inu, srgnaturelfll on the rnstrumenr rheperson(fl) or the entrty upon behalf of which the person0{,
acted. executed the instrumentoarro
COMM. #2158852 o
I,IOIARYPUBLTC.CALIIOFNIA PSANOIEGOCOUNTY :i I certrfy under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is trueand correct.
My Commalsion E €l'€s
JULY 29, 2gM
WItneSS nd officral seal
Srgnatu , Janice R. Martin
OPTIONAL
Though lhe nfotmalron below ls nol rcqurcd by law. i may prcve valuable to persons relyne on the documenland could prevenl ftaudulent removdl and rcaftechmenl of lhe form lo anolhei do-cument
Osscription of Attached Document
Tille or Type of Document:
Oocument Oate
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
! Partner E Lrmited E Generat
M Altorney in Fact
n Trustee
D Guardian or Conservator
E otheri
E Partner E Limrted D General
E Attomey in Fact
E Trustee
E Guardian or Conservator
E other:
Srgner rs Representrng
Top of thurnb here Top of lhumb here
Suretv ComDa
Srgner rs Represenlrng
. Notary Public.['efore me Janice R Martrn
Number of Pages:
Srgner's Name:
! lndividual
E Corporate Officer -Title(s):_
Signer's Name:fl lndividual
E Co.porate Officer -Title(s): _
RIGHT THUMEPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
FAITHFUL PERFORMANCE BOND
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.
When the work covered by the agreement 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
agreements(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on 2017
NAME OF pRtNCtpAL: CG Menifee 1, LLC
AUTHORIZED SIGNATURE(S)
-"-- /.a'- 11'tc txb cr
NAME OF SURETY:
(rF coRPoRATrON, AFFTX SEAL)
Western Surety Company
AUTHORIZED SIGNATURE:Attorne -in-Fact
Janice Marti Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
s.8, t5
March 29
By:
Name:
Title:
Title
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY{N-FACT.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
Optional lnformation
Description of Attached Document
The preceding Certi6cate of Acknowledgmenr is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority islare as
Method of Signer ldentification
Proled to me on thc bas s of sdl5fa(tory a.vldenae
lom(s of id..rrh.rt on ,.red b e wiinein.i)
Notar,r event rs detarled in nonrry lourna on:
Page , Entry fl
lndividual{s)
Co.porateOffice(t
Other
l,ni r .,rd )1llr ,,rt!
6!ardian/Conservator
Parlner' Limired/General
Trusree(5)
Otherl
A notary publ( or other oFhcer comolettnq this certificate verifre5 onlv the identitv otthe rndividual who 5iqned the document to whi(h this certihcate is atiached, andhotthe truthfulness, accuracy, or validity ofthdt do(ument.
State of California )
County of 4iu*r, J )
On ot7 before me,
OJo*-
L rl. k);t Lt,
personally appeared 'To./rJ
who proved to me on the basis of satisfactory evidence to be the person(si whose name(, lsla}{ subscribed to
the within instrument and acknowledged to me that he/sklthy executed the same in hislbeilthfi'r
authorized capacity(ie9, and that by his/hgtltb€j,t signature(r) on the instrument the person(, or the entity
upon behalf of whi€h the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
coMH. 12r39089 avot{olr.y Pnblic
Ri{arida
. C.lilornh
Ccnltl Xo,M
Signature
(5eal)
Addition.l Inlorm.llon
representrng
;iqner(nlhumborn(t
I
WITNESS my hand and official seal.