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Stater Bros. Development, Inc. Material and Labor Bond TM36728 9233612MENIFEE FOR MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) TracUParcel Map 36728Streets and Drainage $_ Water System $_ Sewer System $_Landscape $ 35.250.00 tP15-022L Bond No. e233612 Pfemium $ included in Performance Bond S u rety Fidelity and Deposil Company of Maryland Principal Stater Bros. Devel oment. lnc Address 301 S. Tippecanoe Ave City/State Schaumburg lL City/State San Bernardino zip 60196 Zip 92408 Phone lzrs;zzo oaoz Phone 909-733-5005 NOW THEREFORE, said principal and the undersigned, as corporate surety, are held firmly 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 Thirty Five Thousan d Two Hundred Fiftv and no/l00 ,Dollars,$ 35.250.00 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. 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/ l5 Ref. No. Address 14oo Amercan Lane WHEREAS, the City of Menifee, State of California, and Stater Bros. Development, lnc., (hereinafter designated as "principal") have entered inlo, or are about to enter into, the attached agreement(s) whereby principal agrees lo install and complete the above designatedpublicimprovementsrelatingto@,whichagreement(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; It is hereby expressly stipulated and agreed upon that this bond shall inure lo the benefit of any and all persons, companies and corporations entitles to full claims underTitle 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this 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 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. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Januaty 12 2017 NAME OF PRINCIPAL: Stater Bros. Development, lnc AUTHORTZED STGNATURE(S) By Na me Title: VP. Con -Ma int (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Fiderity and DeposI compa AUTHORIZED SIGNATURE: Atto -in-Fa Kari Davis Title (rF coRPoRAT|ON, AFF|X SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN-FACT. 9/8/t5 MATERIAL AND LABOR BOND CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189 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. County of Los Ange les JAfi 1 2 2017On before me, B. Wong, Notarv Public, personally appeared 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 his/her/thei+ authorized capacity{ies}, and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which 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. WITNESS my hand and official seal. (seal)Signatur ong, N ota ry Public Commission # 2085888 t' Notary Public' California Los Aflqeles Counlyz Comm. ExPires ocl 24. 2 State of California ZURICH AMERICAN INSURANCE COMPANY COI,ONIAL AMERICAN CASUALTY AND SURf,TY COMPANY FIDELITY AND DEPOSlT COMPANY OF MAR}'I,AND POWER OF ATTORNIY The said Vice President doe.s hereby certiry that the exEact set fonh on the rwerse side hereof is a true copy of Alicle V, Section 8, of the By-kws ofsaid Companies, ald is now in force. IN WITNESS WHEREOF, thc said Vice-President has hereunto subscribed his,/her names and affixed thc Corporate Seals of thc said ZURICH AMf,RICAN INSURANCf, COMPANY, COLONIAL AMERICAN CASUALTY AND SURf,TY COMPANY, ANdFIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of September, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AIUERICAN CASUALTY AND SURETY COMPANY FIDELITY Al\D Df,POSIT COMPANY OF MARYLAND !^; Z. /h--*- qr Secretary Eic D. Barnes State of Maryland County of Baltimore On this 4th day of September, A.D. 2015, beforc the subscriber, a Notary Public ofthe State of Maryland, duly commissioftd and qualified, THOMAS O. MCCLELLAN, Vice Presid€nt, and ERJC D. BARNES, Secretrry, of the Companies, to me personally known ro be the individuals and oflicers 9Tcnbed rn and who exetuted the pr€codillg instrument, and ackrowledged the execution of same, and being by me duly swom, deposeth and saith, tha( hdshe is -the said oflicer of the Company aforcsaid, and that th€ seals afiixed to the preceding instrunent are th; C;rporate aeab of said Compani€s, and thatthe said Corporate Seals and the signaturt as such ofiicer were duly affixed and subscribed to the said instrument by the authority and direciion ofthe said Corporations. IN TESTIMONY WHEREOF, I have her€unto set my hand ar afiixed my Oflicial Seal the day aad year fir5t above \rritten. -fl o ,%/LU( Co-."r^-o a o-*- CorBtance A. Dunn, Notary Public My Commission Expires: July 9,2019 EEAL POA,F 012-2748V KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AN4ERICAN INSURANCE COMPANY, a corpomtion ofthe Statc ofNew York, the COLONIAL AMEzuCAN CASUALry AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELIry AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice Presidelt, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to b€ in full force and effect on the date hereof, do hereby nominate, constitute, and appoint K.ri DAVIS, of Los Angeles, Crlifornia, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalfas su(ety, and as its act and deed: ony and sll bonds and undertakings, and the execution of such bonds or undertakings in purcuance of these presents, shall be as binding upon said Companies, a-s fully and amply, to all intents and purposes, as if they 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 officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its ofiice in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYI-AND at its offlce in Owings Mills, Maryland., in their own prop€r persons Yice President Thomas O. McClellan s':li,;l;';;'i.li S' ,'.' : AGKNOWLEDGMENT 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 Janua 25.2017 before me,Deborah L. Antonucci Notary Public Personally appeared Scott Limbacher who proved to me on the basis of satisfactory evidence to be the person(p) whose name(/) is subscribed to the within instrument and acknowledged to me that heh+lelth€y executed the same in his/herAheir authorized capacity(ies), and that by his/herl{hei,r-signature on the instrument the person$), or the entity upon behalf of which the person(fl 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. / oEEoRAH L. Aifiol{l,ccl Commi.rlm , 2 1 30377 Iotary Publlc - Crlilolnl. San Brrnardino CountY Signature Comm res Nov'12,2019 (SEAL) l\4aterial & Labor Bond Offsite Landscaping