Newhawk, LLC Faithful Performance Bond 4416822FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT
AGREEMENT
CITY OF MENIFEE. STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR LANDSCAPE:
1-Year Maintenance
Total
$
$
4.200 TracUParcel Map
Olher Pro.iect No PP2017-168
45.698.95 Bond No. 4416822
Premium: $1,142.00
Surety
AddreSS 313,| Camino del Rio N Suire 1450
Principal Newhawk LLC
Address 310 Pointsettia Avenue
City/State San Dieoo, CA City/State C-orona Del Mar. CA
zip code 92108 zip 92625
WHEREAS, the City of Menifee, State of Califomia, and,Newhawk, LLC
(hereinafter designated as "principal") have entered anto, or are about to enter into, the atlached
agreemen(s) whereby princapal agrees to rnstall and complete the above designated Auto SeNice
Building landscape materials and installation, related to (Plot Plan) PP2017-168, which agreemenl(s)
is/are hereby referred lo and made a part hereof: and,
WHEREAS, said principal is required under the terms of said agreement(s) to fumish bond(s) for the
faithful performance of seid agreement(s);
NOW, THEREFORE, we the principal and Newhawk LLC as surety, are held and firmly bound unto
the City of Menifee in the penal sum of Foftv five thousand. six hundred and ninetv eioht and
95/100. Dollars (!!!Egqg!i) 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 obligalion is such thal if the above bonded principal, his or its heirs, execulors,
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 kepl and performed at the time and in lhe 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, agenls 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 in successfully enforcing such obligation, all to be taxed as costs and included in
any.iudgment rendered.
SureTec lnsurance Company
Comm unity Development Department
Phone BoG2B8-o3sl
FAITHFUL PERFORMANCE BOND
FOR
RECREATION FACILITIES, LANDSCAPE AND IRRIGATION
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 WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on January 10 2018
NAME OF pRtNCtpAL: Newhawk, LLC
AUTHORIZED SIGNATURE(S)
By
Name:
Tifle
NAME OF SURETY
(rF coRPoRATrON, AFFrX SEAL)
SureTec lnsurance Company
AUTHORIZED SIGNATURE l'2zra'zyrz,--
ts Attorney-in-Fact Tltle
Janelle L. Tuominen, attorney-in-fact
(rF coRPoRATrON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
I.
PoA *. 510458
SureTec Insurance Company
LIMITED POWER OF ATTORIIEY
Know All Men by These Presents, That SURETEC INSURANCE COMPAI.IY (tbe "Compatry"), a corporation duly orgauized aad
existing under the laws of the State of Texas, and having its prhcipal office in Houston, Harris County, Texas, does by these preseuts
make' constitute and appoint
susan c. Monteon, Jane[e L. Tuominen
its t:ue and lawful Attomey-is-fact, with full power and authority hereby confened in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recogoizances, uudertakiugs or other inskuments or coDtracts of suetyship to include waivers to th€
conditiors of cotrhacts and consents of suety for, providing the bond peualty does uot exceed
Five [,lillion and 00/100 Ooltars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were si$ed by the Prcsident, sealed with the corporate
seal ofthe Company aud duly attested by its Secretary, hereby ratif,ing and confirming all that the said Attomey-iD-Fact may do in the
premises. Said appoiDtmetrt shall continuc in force uutil 1?J31/2019 aud is made under and by authority of the following
resolutioDs ofttre Board ofDirectors ofthe SureTec Insurance Company:
Be it Resol,red, tbat thc PrcsidcDt, any Vice-Prcsidctrq any Assistatrt Vice-Prcsident, any S.crctary ot any Assistant Secletary shsll be and is
hcreby vcstcd with full powcr a.od aufiority to appoint any otre or more suitablc persons as Attomcy(slh-Fact to rcprcscDt and act for aod on
behalf ofthe Company subject to lhc following provisions:
Attorney-in-Fact may be givctr futl power and authority for and in the namc of and of behalf of thc Company, to exccutg acktrowlcdge and
deliver, a.ny and all bonds, rccognizalc.s, contr.rcts, agreements or iDdernnity atrd other colditioBl or obligatory undcrtakiqgs and aoy altd all
troticcs and docum. s canccling or tcrmhatiDg thc Company's liabitity thcrcundcr, and any such instruEents so cxccuted by any such
Atromey-itr-Fsct shall be binding upon the Company as ifsigned by the President aod scalcd and cffccted by the Corporatc Sccretsty.
Be it Resolved that ftc signaturc of aoy authorizcd officcr and seal of thc Compaoy h€rctofor. or hcrcafter aftxcd to afly pow€r of attomey or
any ccrtificate rclatiog thercto by facsimile, ald any power of attomcy or certificalc bcariog facsimilc signaturc or facsimile scal shall be valid
ana binaing upoo ttrJcompary'with rcspect to a.ny iood or undertaking to which it is afia;hed. (Adopted at a neeting held on 2d of April,
) 999.)
In Wilnes$ llhereoJ SIJRETEC INSLTRANCE COMPANY has caused tlese prese!.ts to be signed by its President and its corporate seal
to be heroto affixed this 17rh day of March , A.D. 2017
SI]RETEC ANYu
By:
Joho Knox t
State of Texas
County of Harris
On this 17lh day of March , A.D. 2017 beforo mc pcrsonally camc Johtr Klox Jr., to mc krowD, who, bcing by mc duly swom, did depose alrd say, that
he residcs in HoustoD, Tcxas, that hc is Presidcnt of SURETEC INSURANCE COMPANY, thc compatry dcsnibcd in and which exccuted the abovc
irstrument; that he hows thc scal of said CoEpany; that thc scal af6xcd to said instrument is such corpotatc scal; that it was so affixed by order of the
Board ofDirrctors ofsaid Company; and that hc signed his name thcreto by like order'
Notary Public
y commission expires September 10, 2020
l, M. Brent Beaty, Assista.Dt Secletary of SURETEC INSURANCE COMPANY, do hercby ccrtiry that thc abov. snd foregoitrg is a tsue ard corect copy
ofa Power of Attol-/rey, executed by said Compa[y, which is still h full forcc and cffcct; and furthermore, the resolutions ofthe Board of Dircctors, set
out iD the Power of AttorDey arc in full forcc and cffcct.
Given under my hand and the seal of said Compauy at Houston,Texas this 1oth of 2018
, Assistant
Any instrument issuod in excess of (he penalty stated above ia totally void aod without any validity,
Fo; verification of the authority of thls power you may call (7{3) E12-0800 any business day between 8:00 am and 5:00 Prn csT-
-...$!i-rjz xENrA cHAVEz
=---l';$:!!Notarv Public, Srale ol Texas:.5.-lr:i?-s- comm. Expir€s ogn 0-2020-";,r91.$s Notarv lD 129117659
ssl
A.D.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer comp
document to which thts certificate is
leting this certificate verifies only the identity of the individual who signed the
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside )
On Janua 10, 2018 before me, Susan C. Monteon Notary Public,
Dare lnseri Name ol Nolary exactly as n appears on the otllcaat seat
personally appeared Janelle L. Tuominen
Nam€(s) ol Sgne(s)
T
..tEFb\ SUSAtt C. frOilTEOt{
W-ffit;rff'!
who proved to me on the basis of satisfactory evidence tobe the person(s) whose name(s) rvare subdcribed to thewithin instrument and acknowledged to me that heishe/thevexecuted the same in his/her/their authorized capacrtyliesjand that by htvher/their stgnature(s) on the instrument theperson(s), or the entity upon behalf of whtch the person(s)
acted, executed the instrument
I certity under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph ts trueand correct.
Wtness my hand and official seal.
Signature c
Plece Nolary SeatAbove nalure ol Nolary PuDlc usan on
OPT'ONAL
Though the in.tormation below ts nol requ,red by law, il may prove valuable to persons relyino on the documentand could prevent lraudulent removal and reaftachmenl of the form to anothei do:cument.
Description ot Attached Documont
Title or Type of Document:
Document Date Number of Pages
Signe(s) Other Than Named Above
Capacity(iesl Claimed by Signer(s)
Signer's Name
[] lndividual
Signer's Name
E lndividual
E Partner [Limited E General
n Attorney in Fact
E Trustee
D Guardian or Conservator
D Other
E Partner ! Limited E General
E Attorney in Facl
E Trustee
E Guardian or Conservator
E Olher:
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Signer is Representrng
E Corporate Offlcer -Title(s):_ fl Corporate Offcer -Title(s):--
RIGHT THUI\,18PRINT
OF SIGNER
RIGHT THUI\,4BPRINT
OF SIGNER
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Signer rs Representing.