Stater Bros. Development, Inc. Faithful Performance Bond PM36728 9233612ENIF I
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1 )
FOR: Streets and Drainage
Water System
Sewer System
Landscape
b 0.00 Parcel Map 36728
Ref. No.
Bond No
Premium
$
$
$
0.00 tP15-022L
0.00 9233612
S u rety Fdelity and Deposit Company of [.4aryland
AddrgsS 14oo American Lane
City/State Schaumturg. tr
$ o:s oo
Principal Stater Bros. Develooment. lnc
Address 301 S. Tippecanoe Ave
70 500 00
/State San Bernardino
Zip code ootgo Zip 92408
Phone 909-733-5005
WHEREAS, the City of Menifee, State of California, and Stater Bros. Development, lnc.
(hereinafler designated as "principal") have entered into, or are about to enter into, the
attached agreement(s) whereby principal agrees to install and complele the above designated
public improvements relating to Parcel Map 36728 -1P15-022L , 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 Fidelitv and Deposil companv or lvlaryland , as
surety, are held and firmly bound unto the City of Menifee in the penal sum of Seventy
Thousand Five Hundred and no/100 , Dollars, $ 70.500.00 lawful money of the United
States, for lhe 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; 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 judgment rendered.
City
9/8/15
r.;
Phone zr:-zzo-oaoz
FAITHFUL PERFORMANCE BOND
MENIFEE
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 anpvise 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 January i2 , 2017
NAME OF PRINCIPAL: Stater Bros. Develooment. lnc
AUTHORTZED SIcNATURE(S)
Na L a er
Title: V.P. Const.-Maint
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Fiderity and Deposit co aryland
AUTHORIZED SIGNATURE
Its Attoi -in-FaCt Kari Davis Title
(rF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL ANO
ATTORNEY.IN-FACT.
9/8/15
By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S1189
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 Los Angeles
JAii 1 2 2017
On before me,B. Wons. Nota rv Public,pe rso na lly a ppea red
Kari Davis who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/a+e-su bscribed to the within instrument and
acknowledged to me that he/she/they executed the same in h.is/her/tSeir
authorized capacity(ies), and that by his/her/theicsignature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALW OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
(sea l)Signatur
o o Notary u blic
2
Comm. Expires 0c124,
z
WITNESS my hand and official seal.
B, WONG
Commission # 2085888
Notary Public - Californir
Los Angeles County
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMEzuCAN INSURANCE COMPANY, a corporation ofthe State ofNew
York, the COLONIAL AMERICAN CASUALTY AND SUREry COMPANY, a corporation ofthe State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companics, which are set fonh on the reverse side hereof and are hereby certified to be in full force and effect on the date hereol do hereby
nominate, constitute, and appoint Kari DAVIS, of Los Angeles, California, its true and lawful agent and Aftomey-in-Fact, to make,
execute, scal and deliver, for, and on its behalfas surety, and as its act and deed: atry rlld lll bonds aDd utrdertnkings, and the execution of
such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as ifthey had been duly executed and acknowledged by the regularly elected oflicers ofthe ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected office.s of the COLONIAL AMERICAN CASUALTY AND
SLREry COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in O\yings Mills, Maryland., in their own proper persons.
The said Vice President does hereby ceniry that the extract set forth on the reverse side hereof is a true copy ofArticle V, Section 8, of
the By-Laws ofsaid Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his-trer names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAII CASUALTY AND SURETY COMPANY, ANd
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of September, A.D. 2015.
ATTEST:
ZURICH AMf,RICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURf,TY COMPANY
FIDf,LITY AND DEPOSIT COMPANY OF MARYLAND
B)4
{a )./e--f-*ft
a %/r,Ud
State of Maryland
County ofBaltimore
On this 4th day of September, A.D. 2015, beforc the subscriber, a Notary Public of the State of Maryland, duly cornmissioned and qualified, THOMAS
O. MCCLELLAN, vice Prerid.nt, and ERJC D. BARNES, S€cr€tary, of the Companies, to me pcrsonally known to be th€ individuals and ofticers
described in and who exccuted th. preceding inslrumcnt, and acknowledged the execution of same, and beirE by me duly swom, deposeth and saith, that
he/she is tre said officer of &e Company aforcsaid, aod tbat the s€als aflixed to the preccding inslrument are th€ Corpo.ate Scals of said Companies, and tharthe said Corporate Seals ard the sigiatu E as such officer were duly amxed and subscribed to rhe said instrument by the authority and dir€ciion of the saidCorpontiolx.
lN TESTIMONY WHEREOF, I have hereunto sct my hand and affixed my Official Seal the day and year lirst above wrincn.
",.llrl"l::l;j,..s",l.,r,.r J ,l;l'"-' 't:
C,--.t*u a a) *-- ',", ",'.''.'i.Jl'",:i..,11..'
Secrelary
Eric D. Barnes
Constancc A. Duru\ Notary Public
My Cornmission Expires: July 9, 2019
EEAL
POA-F 012-274AV
Vice Plesident
Thomas O. McClellan
1eoa
ACKNOWLEDGMENT
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 SAN BERNARDINO
On Januarv 25,2017 before me,Deborah L. Antonuccr . Nota ry Public
Personally appeared Scott Limbacher
who proved to me on the basis of satisfactory evidence to be the person(g) whose name$) is
subscribed to the within instrument and acknowledged to me that he/s'helthery executed the
same in his/herAheir authorized capacity(ies), and that by his/he#heir signature on the
instrument the person(g), or the entity upon behalf of which the person(g) 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.
OEBORAH L.
lLnx/[h]*hz)comlttlttm , 2[0377
t{otary PUDXG - Cal o{nlr
S.n 8trnrrdino Corx t
Signature Comm.ov 12 2019
(SEAL)
Faithful Performance Bond Offsite Landscaping