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FPG Sun Menifee 80 LLC Faithful Performance Bond TR36803 225121P?l I I t re FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 664S9.1) FOR: Streets and Drainage $_ Riv. Co. Flood Control $ Water System Rec. Water Sewer System Total Surety Westfield lnsurance Company Address P O. Box 5001 Tract Map TR36803 (On SiteI Other Proj. Ref IP21-014U SEWEB INLY Bond No. 225121P Premium $2,416 Principal FPG Sun Menifee 80 LLC Address City/State Zip Phone $302 200. WHEREAS, the City Council of the City of Menifee, State of California,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 / lP21-014U SEWER ONLY. which agreement(s), dated 6/30/2022 , 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 Westfield lnsurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three hundred two thousand and 0/100 Dollars. ($302.000.00) lavrrful 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, 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(s) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. $ Jo2.2oo.oo City/State Westfield Center. OH Zip 44251 Phone (330) BB7-0'101 FAITHFUL PERFORMANCE 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 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 to the terms of the agreement(s) or to the work or to the specifications.. When the work covered by the agreement(s) 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 ag reement(s). lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 30,2022. NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC AUTHORTZED STGNATURE(S) Name Title: Q-*CC-*\ 3{P, >c,sfc'q (rF coRPoRATtON, AFFIX SEAL) NAME OF SURETY: Westfield lnsurance AUTHORIZED SIGNATURE Karl Choltus Its Attorney-in-Fa Title (rF coRPoRATrON, AFF|X SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. \.i , r\. 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. By: