FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225122M@ MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $-
Water System $ 41,250.00
Sewer System $ 20.250.00
surety@ary
Address PO. Box 5001
TracVParcel Map TR36803 (Holland Road)
Other Proj. Ref tP2'l-013U
Bond No. 225122M
Total 984.00
Principal FPG Sun Menifee 80 LLC
Address 27271 LasRamblas. Suite 100
City/State Westfie ld Center. OH City/State Mission Vieio, CA
zip 44251-5001 Zip 9269'l
Phone 330-887-0101 Phone 949-748-6714
WHEREAS, the City Council of the City of Menifee, State of California, and FPG Sun Menifee
80 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 TR36803 / lP21-013U, which agreement(s), dated
Ae!Sbr4{h, 2022 islare hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement(s), principal is required, before entering upon
the performance of the work, to file a good and suffictent payment bond with the City of
Menifee to secure the claims to which reference is made in Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code of the State of California;
NOW THEREFORE, said principal and the undersigned, as corporate surety, are firmly
bound unto the City of Menifee and all contractors, subcontractors, laborers, material
suppliers, and olher persons employed in the performance of the agreement(s) and referred
to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum
of Sixty-One Thousand, Five Hundred Dollars.6'l 500.00 for materials furnished or labor
thereon of any kind, or for amounts due under lhe 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 attorneyS fees, incurred by the City of Menifee in successfully enforcing such
obligation, to be awarded and flxed by the court, and to be taxed as costs and to be included
in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
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.
7 /2t/2022
$ 61.500.00 Premium $
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration' or
addition to the terms of the agreement(s) 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 November 7fh , 2022 .
NAME OF PRINCIPAL: FPG Sun Men 80 LLC
AUTHORIZED SIGNATURE(S):
By /1,,
/
Nbre \uo,
Title: ssg R--{-s-*\
r-\-g.:--4,*t
NAME OF SURETY: Westfield Nati
(rF coRPoRATrON, AFFIX SEAL)
c m an
, t5*
f n
AUTHORIZED SIGNATURE Stefan K. Engelhardt, Attory'.qqjn-Fact
ts ney-l n-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGilIENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
'/ t2t /2022
NOTARY ACKNOWLEDGMENT
STATE OF Oregon
COUNTY OF Multnomah
Emily Nagel,, a Notary
Public, personally appea fed Stefan K. ungelhardt
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me all that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WTNESS my hand and official seal.
Signat
My Commission ExpireS: si30/2023
OFFICIAL STAMP
EIILY I'AOEL
NOTABY PU 8L IC-OREGON
coM M rssroN No,987770
MY COMMISSION EXPIRES MAY 2023
On November 7th, 2022 befOfe me,
PRINCI PAL NOTARY ACKNOWLEDGMENT
STATE OF:
COUNTyOF: oo+\*\
On $st.-ra.s- -1, )o>-->-before me,<----d\ r$L]\\'t.s\.$-s, a Notary
Public, personally appeared \i'.r\i *-s,L^*r personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me all that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signatu
cARot A. THoMAS
NOTARY PUBLIC. STATE OF III
couNtY of oAxt xo
MY CoMMlSSlOtl EXPIRES i,Ly 1, 2025
ACTIN6 lN CoUNW 0F O o.X\,- \
.-$tj%
%;*-**
General
Power
of Attorney
CERTIFIED COPY
PO\ ER NO. 3616922 01
lltbstfi eld lrreurance Go.
llVestfield l,lational lrcuranoe Co.
Ohio Farmers lnsurance Co.\ bstfield Center, Ohio
Know Atl Men by These Presenls, Thal V\ESTFIELD INSURANCE COI\4PANY, \,ESTFIELD NATIONAL INSURANCE COMPANY and OHIO
fnnVgns truSUUtbE COMPANY, corporations. hereinafter referred to individually as a "Company" and colleclively as "-Companres." duly
organiied and exrsting under the laws oi the State of Ohro. and having ils principal ohrce in \,bstfield Center. Medina Counly. Ohro do by these
presents make, consttule and appointi.ilru croltus, BRAD MApEs; SaRAH HARREN, E[/ttLY N.aGE- E-IZABETH HARIUoN, sHANt'lA cox, KE-LY NIEME-A, NlcK
DEAN, STEFAN K. ENGELHAROT, JOINTLY OR SEVERALLY
lace and slead, to execute, acknowledge and deliver arry and all boncls, rocognizances,
and State of OR its true and lav!'ful Altorney(s)-in-Fact, wth fulI power and authority hereby conferred in its name,
undqrtaklngs, or othe. instruments or contlac{s olof PORTLAND
p
suretysh ip in any penal limit. -
\AESTFIELD INSURANCE COMPANY\ ,ESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COM PAiIY
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO D(ECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTE, OR BANK DEPOSITORY BOT{DS.
and io bind any of lhe Companies thereby as fully and to lhe same extenl as if such bonds were signed by the President, sealed with lhe corporate
seat of the ap6ticable Comiany and duli attesteil by ils Secretary, hereby ratifying and confirmrng all thal the sard Altorney(s)-in-Fact may do.in
the premrses said appoidtmdnt is made under and by aulhoi, of the lollowing resolut'g! a-dgpt9g.!y-l!9 ^qo?rd ot Direclors of each of the
\A,ESTTIELD INSURANCE CoMPANY \AESTFIELD NATIONAL INSURANCE COI\,,IPANY and OHIO FARI\4ERS INSURANCE COI\4PANY
"8e /t Reso/ved, lhat lhe Presidenl, any Senior Executrve, any Seqelary or any Fidelity & Surety Operalions Executive or other Executive shall
be and is hereby vested with full power ;nd aulhority to appo,ni any one 6r mord suitable persons as Allorney(s)-in-Fact lo represent and acl for
ano on behalt of the Company subject to the following prousions
The Attorney.In-Fact. may be given futt power and- euthorily for and an lhe name of and on behalf of the Company, to execule, acknowledge and
detiver, any anil all bonds, iecog-nizances, contracts, agreemilnts of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceli-ng or lerminating the-Company's liability thereundel and any such inslruments- so executed by any such
Afiorney-in-Fact shall be as bindin'g upon the Com-pany as lI !igned by the President and sealed and attesled by lhe Corporate Secretary."
"Be it Futher Resotved, lhat lhe- sibnature of any sllch designated person and the seal of lhe Company heretofore or hereafter affixed lo any
power of allorney or any cerlificate reialing lhereto by facsimi16. and any power ot attorney or cerlrficale beartng facsrmtle signalures oI facsimile
ieat shail be valld and brnding upon the Ctmpany with , especl lo any bond or under laking to vvhrch it is attached." lEach adopled at a meeling
held on February 8, 2000).ln Attness Vkereof. hESTFIELD INSURANCE COI\,4PANY, WESTFIELO NATIONAL INSURANCE COI.4PANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents lo be signed by their National Surety Loader and Senioa E(ecutive and their corporate seals lo be herelo
affixed this 2oth day of JULY 4.D.,2022 .
.1;.;i:i'via;3r'
:t-r SEAL ln:
".n:. ..ie...'Z',,........'J
Seals
State of Ohio
County of l\4 edina
Stale of Ohio
Counly of Medina
ss
By
Gary W per, Nafion Leader and
Senior ecutive
David A. Kotnik, Attorney at Law, Notary Public
N,ly Commission Does Nol Expire (Sec. 147.03 Ohio Revised Code)
On this 2oth day ofJULY A.D , 2022 , before me personally came Gary W. Stum per to me known, who, being by me duly sworn,
did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive ol V\ESTFIELD INSURANCE
coMPANY, \AEsTFiELD NATIoNAL INSURANCE.CoMPANY and OHIO FARN,4ERS ']NSURANCE COMPANY, Ihe companies described in and which
executed lhe above iostrument; thal he knows the seals of said Companies; lhat the seals afllxed to said inslrument are such corporate sealsl lhat
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Nolarlal
Seal tulzlfrfrA\AL
t'
ss G'ot
l, Frank A. Carrino, Secretary of \ /ESTFIELD INSURANCE COMPANY, \IESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARIVIERS
INSURANCE COMPANY, do hereby certiry lhat the above and foregoing is a kue and correcl copy of a Power of Attorney, executeo !y said
Companies, which is still in frrll force and effeclt and furthermore, the resoluljons of the Boards of Direclors, set oul in the Power ol Atloirrey are
in full force and effect.
ln Wtness Wrereof, I have hereunto sel my hand and affixed the seals of said Companies at \,esfield Cenler, Ohio. lhis 7th day ofNovember AD, 2022
6"JtX fu.:ii'i.oriii?-
!r*i sear- i6i'-,";.. ...'aiz ''..........' j
"",.,,,,i.,,,.'.'"
SEil.L r
BPOAC2 (combined) (03-22)
Frank A. Carrino, Secretary
6c.I,tluy
i