Stater Bros. Development, Inc. Faithful Performance GP15-027 08901273FOR GRADING:
Precjse Grading
Erosion Control
WQMP
Total
6 500.0
_ 23,500.00
23.000.00
573 000.00
l racl t\ilap
Other Project No GP 15-027
Bond No. 08s01273
Premium 15.157.00
s
$
$
s
Surety Fldelily and Depo6ii Company of Maryland
AddreSS 777 S Figueroa St., Sle 3900
City/State L os Angeles, CA
ztQ code 90017
Principa I Slaler Bros. Development, lnc
AddreSS 301 S Trppecanoe
Citv/State San Bemardino. CACityZio szqoapton"mffi-Phone 213,270,0802
WHEREAS, the City of Menifee, State of California, and ,
Stoter 8ros. Development, lnc
(hereinafter designated as "principal") have entered inlo, or are about to enter into, the attached
agreement(s) whereby principal agrees to install and cornplete the above designated grading project,
related to (Tract)
part hereof: and,
GP15-027, Stater Bros , which agreement(s) is/are hereby referred to and made a
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the
faithful performance of said agreernent(s);
NOW, THEREFORE, we the principal and Fidelily and Deposit cornpany of Maryland , as surety, are
held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Seventy Three
Thousand and noi 100 , Dollars ($ 573.000.00 ) 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,
adrr inistrators, successo.s or assigns, shall in all things stand to and abide by, and weil and truly keep
anci perforrn the ccvenanis, conditions and provisions in the said agreement and any alteration thereof
made as therein provided, on his or their part, to be kepi 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; otherwise, it shall remajn in full force and effect.
As a part of the obligation secured hereby and in additjon to the face amounl 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 obllgation, all to be taxed as costs and included in
any judgment rendered.
9/8/15
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND / OR EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FAITHFUL PERFORMANCE BOND
FOR GRADING PROJECTS AND OR/EROSION CONTROL
OR LANDSCAPE IMPROVEMENTS
The surety hereby stipulates and agrees that ro change, extensron of time, alteration or
addition to the terms of thrs 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, alteratron or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code ancj
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 Until the California Regional Water Quality Control Board
issues a Notice of Termination.
lN WITNESS WHEREOF, this instrument has been ciuly executed by the principal and surety
above named, on Decer",bet 22.2415
NAME OF PRINCIPAL: Staler Bros Development, rnc
AT.ITHORTZED SIGNATURE(S)
By /r,x,/*l^1,,
N ame.
rirc
NAME OfJ SURETY
(tF coRPoRATtON, AFFTX SEAL)
Fidelity and Deposil Company of Maryland
T kAUTHORIZED SIGNATURE,
Its A rney-in-Fact vicloria M. campbell tle
(tF coRPoRAT|ON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
9i8l15
\
AGKNOWLEDGMENT
A notary public or other officer completing this certiflcate 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 SAN BERNARDINO
On December 23,2015 before me,Deborah L. Antonucci Notary Public
Personally appeared Scott Limbacher
who proved to me on the basis of satisfactory evidence to be the personfi) whose name(fl is
subscribed to the within instrument and acknowledged to me that hele#€lttEy executed the
same in hislher{ttreir authorized capacity(iee)f and that by hislherltheir signature on the
instrument the person(f , or the entity upon behalf of which the personf) 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.
WITNESS my hand and official seal
0E80RrH L. Ailrotiucct
Commiislon t 2130317
I'lotrry Publlc - Cell,ornla
San Brrrardino County
Comm.llov I 2019Signatu re
(sEAL)
Bond '197 Menifee
ZURICH AMERICAN INST]RANCE COMPAIIY
COLONIAL AII{ERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COM}AI{Y OF MARYLAND
POWER OT ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State ofNew
York, the COLONIAL AMERICAN CASUAIry AND SURETY COMPANY, a corporation of the State of Maryland, and ftc FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein colleuively callcd the "Companies"), by
MICHAEL BOND, Vice Presidert, in puNuancc of suthority granted by Article V, Scction 8, of the By-Laws of said Companies, which
are set forth on the revqse side hereof and arc hereby certified to be in fuil force and effcct on the date hereof, do hereby nominate,
constitute, and appoint Victori. M. CAMPBELL, Christirr JOHNSON lod Jscquelitre O, KIRK, rll of Irving Crlifomis, EACH its
tnre and la*frrl agent and Attomey-in-Fact, to make, exccute, seal and delivcr, for, atrd on its behalf as surety, and as its act and deed: ary
snd ell bonds and undertrkingr, aod the cxecution of such boDds or uoderbkings in pursuanc€ of thcse presents, shall be as binding upon
said Companies, as fully and amply, to all intents and purposes, as if they had been duly exe€uied and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its offce in New York, New York., the regularly elected ofiicers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its ofiice in Owings Mills, Maryland., and the reguiarly clected
ofiicers of rhe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Marylsnd., in their own propcr
pcrsons.
The said Vice President does he.eby certiry that the extact set forth on the reverse side hereofis a true copy of Article V, Section 8, of
the By-Laws ofsaid Compa[ies, and is now in force.
IN WITNESS WHEREOF, thc said Vice-President has hsreunto subscribed his/her naDes and afiixed the Corporatc Seals of the said
ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND ST,IRETY COMPANY, lld
FIDELITY AND DEPOSIT COMPAI.IY OF MAR)'I-AND, this 2nd day of July, A.D. 2014.
ATTEST:
ZI,RICII AMERJCAN INSURANCE COMPANY
COLONIAI AMERICAN CASUALTY AND SURETY COMPAI{Y
FIDELITY A-I{D DEPOSIT COMPAM OF MARYLAND
1tc8
g- ).f*"^*-l/Llfr Uw
Assislaht Secretary
Eric D. Bornes
State of Marylard
City of Baltimore
On this 2nd day of July, A.D. 2014, befor€ the subscriber, a Norsry Publjc of lhe Slatc of Maryland, duly commission€d and qualified, MICHAEL,
BOND, Vice President, rnd ERIC D. BARNES, As.istrnl S€cr€tiry, of the Compaflics, !o rnc psrsonally krowD to be tie individuals and oriccis
dcscribcd in and who executed thr prcccding instrumenl, and ackmwlcdgcd the cxecutiorl of samq aud bcing by mc duly sworn, del,oscth and saith, rhat
h./she is the ssid officer of the Company aforesaid, ard that thc scals aftixcd to thc prcceiing insuumcDt arE thc Co+rcratc Scals of said Compad6, and th.t
thc said Corporate Scals aDd thc signaturE as such officcr wcrc duly affrxed and subscribcd to tbc said instn meDt by lhc authority and dirEction of the $id
C.orporations.
IN TESTIMONY WHEREOF, I hsve hcrcunto sel my hand and afiixed my Official Scal thc day and y.ar first abovc writrm.
()n^r^,"* a /).^*,,i$Iit
: .i'. ,,,,""\11,\,;j;rn: i;lli..'
Corstancc A. DutrD, Notary Public
My Commission Expircsi July 14,2015
SEAL
Vice President
Michael Bond
POA,F U2-A1230
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Se{tion 3, Attonrevs-in-Iact. Thc Chicl Executive Officer, the President, or any Executivc Vice Presidenl or Vicc Presidenl
rnay, by wriflen instrument under thc altcsted corporate scal, appoint attomeys-in-fact with authority to cxccute bonds, policics,
recognizances, stipulatjons, undertakings, or othcr like insfuments on bchalf of thc Company, and may authorizc any officer or any such
attorney-in-fact to affix the corporate seal tiercto; and may wilh or without cause modify of revokc any such appointmenl or authority at any
time."
CERTIFICATE
l, the undcrsigned, Vicc President of thc ZURICH AMERICAN INSURANCE COMPANY, thc COLONIAL Ai'(ERICAN
CASUALTY AND SURETY COMPANY, and the FlDEt.lTY AND DEPOSIT COMPANY OF MARYLAND, do hcr€by ccrtify that thc
fbregoing Power of Attomcy is still in full force and effcct on the date of this ccrtificate; and I do fiirther ccrtiry that Aniclc V, Se.tion 8, of
the By-t,aws oftho Companies is sti)l in forcc.
This Powcr of Attomcy and Certificate may be signed by facsimile under and by aulhority of the following resolution of thc Board of
Dirccrors of thc ZURICH AMERICAN INSURANCE COMI'ANY at a mccting duly called anci hcid on thc l5th day of Dcccmber I998.
RESOLVED: "'lhat thc signature oi the Pre6ident or a Vicc President and lhc altesting signature ofa Sccrctary or an A5sistant Secrctary
and the Scal of thc Company may be aflixed by facsimilc on any Powcr of Attomey...Ary such Powcr or any certificate thercof beanng such
facsimilc rignature and seal shall bc volid and binding on thc Company."
This Powcr of Attomcy and Ccrtificate may be signed by facsimile under and by authority of thc following resolution of the Bosrd of
Dirccrors ol'the COI-ONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mccting duly called and hcld on thc 5th day of
May. 1994, and the following rqsolution of the Board of Dircctors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly callcd and held on the loth day ofMay, 1990.
RESOLl'LDi "'llral thc facsimile or mechanically rcproducerl seal of thc conrpany and tlcsimile or mechanioally reproduccd signaluro
of arry Vicc-Presidcnt, Secretary, or Assistanl Sccrctary ol the Co rpany, whether madc herctoforc or herealicr, whcrevcr appcaring upon a
certified copy ofany powcr of atromey issued by the Company, shall be valid aod binding uporr the Company with the samc forcc and effect
as though manually affixed.
lr.u TESTIMONY WHEREOI:, I have hcrcunto subscribed my nanre and affixed the coq)orate seals ol'the said Companies,this day of .20
(,. r
1904
SEAL
Thomas O. McClcllan. Vice President
I
CAL|FOBNIA ALL-PUnPOSE ACKI{OWLEDGMENT CIV|L CODE S 1189
'!.'i&E: f .u\-(c(.#i(6ffX2:Alrfj4r?ali$i$i!'l1 i:)G,:-irril6 ,a:.i/;i6 i a:'ik.i,:il4r, =&as,-i
vrirr (r*3e5Jt-i*i1-.!r, .
A notary public or other officer completing this certificate verifies only the identity of the individual \rho signed the
document to which this cedificate is attached, and nol the truthtulness, accuracy, or validjty of that document.
State of California
County of Oranoe
Cn DEC 2 2 2015 before me,L Clark, NolaTV Pubiic
Here lnsed Name and Title of the Ofticer
Victoria M. Campb€ll
Name(s) ol Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere
subscribed to the within instrument and acknowledged to me that tle/she/they executed the same in
his/herlt+leir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persong),
or the entity upon behalf of which the person(s) acted, executed the instrument
E Partner - fl Limited E General! lndividual 6lAttorney in Fact
r] Trustee D Guardian or Conservator! Other:
I certify under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and conect.
WITNESS my hand and official seal.
/,C]Jr."/'
Signature of Notary Public
lrt. ' I
!Padner- ELimited n General
D Individual n Attorney in Fact
fl Trustee n Guardian or Conservator
[J Other:
T. CLAFX
<t
0(,nly
ot 28. ?016 t
Place Notary Seal Above
AP I tAl;AL.
l-hough this section is optional, completing this information can deter alteration ol the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Oocument'litle or Type oI Document: Document Date
Number of Pages: _ _ Signe(s) Other Than Named Above:
Capacity{ies) Claimed by Signer(s)
Signer's Name:Signer's Name:I Corporate Officer - Title(s):! Corporate Officer - Title(s):
Signer ls Representing: -Signer ls Represenling
R ?."s,sJEa.rcL&e.gElrrEr=gr.d3&1i4E5ErB-ir-g,EFr qg.E:,!::14..v,.-.rir,Ig;iE:.G:ntcf=ri&: :: .:..z9!
@2014 National Notary Association . www.NationalNotary.org ' 1-800-US NOTABY (1-800-876-6827) ltem #5907
Date
personally appeared
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Signature