FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225121P,?l'r-rrn-MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $
Water System $-
Sewer System $Total $
151.000.00 TracVParcelMaP TR3680 3 (On Site)
Other Proj. Ref
Bond No. 2251
tP21-014 U SEWER ON
1P
Premium $2,416
Surety Westfield lnsurance Companv Principal FPG Sun Menifee 8O LLC
Address P O. Box 5001 Address
City/State
Zip 44251
Westfield Center. OH City/State
Phone (330) 887-0101 Phone
WHEREAS, the City Council of the City of Menifee, State of California, and FPGSun
Men ifee 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 TR368O3 / IP21.O14U - SEWER ONLY,
which agreement(s), dated 613012022 is/are 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 sufficient 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, Westfield lnsurance Company, as
corporate surety, are firmly bound unto the City of Menifee and all contractors,
subcontractors, laborers, material suppliers, and other 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 One hundred fifty-one thousand and 0/100
Dollars. ($151 . 00.00) 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 of
Menifee 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.
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.
zip
10t26i20
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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, .alteration, or
addition to the teims of the agreemLnt(s) or to the specifications accompanying the same
shall in anywise affect its obligition 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 tondition piecedent to suiety'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 June 30,2022.
NAI\,,lE OF PRINCIPAL: FPG Sun Menifee 80 LLC
AUTHORTZED SIGNATURE(S)
By:
ame: Ua'Q-*\{<,-\
Title: 5s<, sf,-,.',..\-j.--*.-r-\
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Westfield surance o
AUTHORIZED SIGNATURE:rl Choltus
Its Att rney-n-F ct Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
,1
t0126/20
NOTARY ACKNOWLEDGMENT
State of
County of O ..,v-\.-,.,--.!
On ta before me,
personally appearea \iSfi.,.* (2.-.-S'.,-f personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal
Commission Expiratio n Date:
Notarv Seal:r CAROLA THO'IAS. toT FY Pt 8l0, sr rE 0F ifl
CUJNTY OF OAXLANO
tlY COII$lSSrOtl EXPIRES M.v4' Xy25
rcING lN cqrNw 06()G{_\*\
N.-a\
t tota.y sisnature-- -A S.-:a\:='=-:\
A.
$OT44,
A(.rg Ltc
NOTARY ACKNOWLEDGMENT
State of Oreeon
County of Multnomah
On 6130 022 before me,Michael Merlz
persona lly appea red Karl Choltus personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and officialseal.
Nota ry Signature:
Commission Expiration Date:.,une 13. 2025
Notarv Seal:
THIS POWER OT ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUEO PRIOR TO 09/03/20, FOR ANY PERSON OR PERSONS NAMED BELOW
General
Power
of Attorney
POWER NO. 3616922 00
Westfield
Westfield National
Ohio Farmers
lnsurance
lnsurance
Insurance
Co.
Co.
Co.
K ow All Men bv Tnese Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMTRS INSURANCE COMPANY. corporations. herernafter referred lo rndrvrclually as a "Company and collectrvely as Companies.' duly
organrzed and exrsting under the laws df lhe Stale ol Ohro. and havrng tts pllnctpal olrrce rn Wesdield Cenler. Medrna County Ohio. do by lhese
presenrs make. conslilute and appoint
KARL CHOLTUS, NATHAN WONbER, EMILY NAGEL, BRAD MAPES, SARAH HARREN, JOINTLY OR SEVERALLY
CERTIFIED COPY Westf ield Center, ohio
COMPANY have.a
affixed this 03rd da
ed these presents to be signed by therr lational Surety Leader and Senior Exscutive and their corporate seals to be hereto
or SEPTEMBER A.D.. 2020 .
of PoRTLAND and State ol OR rts lrue and laMul Attorney(s) rn Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and delrver any and all bonas, rocognizancos, undertakings, or othar instruments or contracts of
sur€tyship-
LIMITATION: THIS POWER OF ATTORNEY CANNOT B€ USED TO EXECUTE NOTE GUARAiITEE, MORTGAGE DEFICIENCY, MORIGAGE
GIIAFAFTEE, oR BANK DEPoSIToRY BONDS.
and to bind anv of the ComDantes thereby as tullV and to lhe same exlent as il such bonds were srqned by the Presrdenl. sea,ed w,lh the corporate
seat of the aoStrcable Com6anv and duli attesteil bv its Secrerarv, hereby rarifvino and confrrminq all thal the sard Allorney(s)-rn-fact may do rr
lhe orem,sei.' Sard apporrirmdnr is maale under anij bv authoriti of lhe lollowinq-resolut,on adoited by lhe Board of oir'ectors of each of the
WESIFIELD INSURANCE CoMPANY, WESTTIEI D NATIONAL INSTIRANCT COMPANY and OHIO FARMERS INSURANCE COMPANY:'Be lt Resotved,lhal the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or olher Executive shall
be and is hereby vesled wrlh full powor 6nd authoflty to appo,n't any one br mo,e suitable persona as Anorney(s).,n.fact to Iepresenl and act for
and on behall of the Company sub,ecl to lhe followrnq provisions:
lt,d AttotnL:v tn Faal haibe o_iven full power andaulhority forand rnlhe name ofand on beha'fofthe Company, to execute. acknowledge ano
detiver. any and atl bonos, iecoqirzances, contracts. aqreem6nts ol indemn'ly and other cond,tional oI obl,gaiory- undenakings and any 6nd all
nolrces an_d documents canceh-nq or term,natinq lhetompany's lrabrhly thereunder, and any such rDstruments so execuled by a,]y such
attorney-rn-Fact shatl be as oindrn"q upon the Comipany as rf irgn'eo bythe?resrdent and sealed 5nd attested by the Corporale Secretary -
'Bait I unhcr Resotvea. that the" sr'qnature ol airy slch Oesr"gnatedperson and the seal ol the Company herblofore oi hereatte' atfixad lo any
oower of altornev or anv cenrfrcate relatinq theretdby facsimi16, and dny Dower o{ attorney or certrfrcate 6ea'rnA facsimile siQnatures or lacsrmrl_e
ledt shall be val'io and 6,nd,ng upon the C"ompany with .espoct to any 6o'nd or undeflakirig to which it is attach-ed." (fach alopted at a meet ng
held on February 8, 2000)
tn WiLness Whereot. WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
s
Corporate
Seals
Stale of Ohio
County of Medina
State of Ohio
County of Medina
.;*5''Solft,,
!r-i spar- ifi::o).i .'^ i'.V'. ..'ol-s'i a....-.-...r' ..'
'r,.,,.,,1,,..,..J By
Gary W mper, A/at and
David A. Kotnik, Attorney at Lav,t, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohao Revised Code)
WESTF IELD INSURANCE COI\IPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARN/ERS INSURANCE COMPANY
f"*J / A"*,
la4a
On this 03rd day of SEPTEMBER A D., 2020 , before me personally came Gary W. Stumper ro me known. who, being by me duly sworn,
d,d oepose a,1o say. thar he resioes rn Hanford, CT; that he rs National Surely Leader and Senior Executive of wESIFIELD II/SURANCE
COMPANY. WESTFIEI D NATTONA| TNSURANCE COMPANY and OH|O FARMERS I}'JSURANCE COMPANY. rhe companies descflbeo in and wh.ch
executed the above instrumentj that he knows the sealS of said Companies; thal the seals affixed to sard rnslrumenl are such corporate Seals;lhat
they were so alfixed by order of the Boards of Directors of said Companies; and lhat he signed his name therelo by like order.
Notarial
Seal tul/fifrftA
SS e or
I, FTANK A, CATTiNO, SecTeIaTY oI WESTFIELD INSURANCE COI\,iIPANY, WESTFIELD NATIONAT INSURANCE COMPANY and OHIO FARMERSINSIJRANCE COMPANY. do herebv ce(ity thal the above and foreqoinq rs a lrue and correcl copy of a Power of Attorney, executed by said
ComPanres. whrch__'s strl' rn full forie and 6ffect: and funhermore the-res6lulrons of the Boards of driectors. sel out rn the Po-wer of Alto'n6y arein full force and effect
ln Wihcss Whcreof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 30th day ofJune AD ' 2022
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iE.i sear #'--'.i'. ..b.''.-4\. J oj', a'....... / -.s,r,.,,,,i,,,,,.,u4
SET.t
BPOAC2 (combined) (06-02)
Frank A. Carrino, Secretary
Sectacry
Senior
RIDER NO.
This Rider to be attached to and form part of Bond No. 225l2ll'effective 6il012022 , coveflng
I'crlornrancc Bond
on behalf of l- l'](; S,,n Mcnili:t:80 1.1.('
and in favor of Citv [i)uncil ofthc Cirv ol Mc ili.: Srxlc ol'( alitbrnia
Change the Surety Company:
From: Westfield Insurance Company
'l'o: Westfield National Insurance Company
The attached bond shall be subject to all its agreements, limitations, and conditions except as herein expressly modified
This Rider is effective from the .lolh day of .lune 2022
si9 ned and dated this 5th day of .lul\2022
E WESTFIELD INSURANCE COI\,4PANY
E WESTFIELO NATIoNAL INSURANCE CoMPANYE oHto r ERS INSURANCE COMPANY
B
Ilrad M Attorney-in-Fact
B
BD ss96 OFWWN (03-01)
Accepted
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR IO 09/03/20, FOR ANY PERSON OR PERSONS NAMED AELOW
General
Power
of Attorney
POWER NO. 3616922 00
Westfield
Westfield National
Ohio Farmers
lnsurance
lnsurance
lnsurance
Co.
Co.
Co.
CERTIFIED COPY Westfield Center, Ohio
Know AII f,)lcn bv Thcse Presenls- lhal WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY ANd OHIO
ranilia.s ir'rs,;irlri6r cor,rrperttV co1oo'ation.. her ernif lo,cle'red lo rnotvioually as a 'conrpdny" and collectrvely as 'Comoanres. duly
o.qanrzed and cxrstrng under lhe laws of tne Sldle o{ Ohro. .rno hdvrng ils princrpJl ollice rn Wesllrcld Ccnlcr. Mcdind Counly. Ot\ro. do by these
presents makc. conslilute and appoinlknnr cgorrus. NATHAN woNbER, EMTLY NAGEL, BRAD MAPES, SARAH HARRtN, JoINTLY oR SEVERALLY
ol PORTI AND and Stale ol OR its true and ldw,lut Altorncy(s) rn.t dct. wrlh f ulr power dnd dulhor rly hereby conlcl I ed rn rls namc
piace int iGaO. lo execure. actnowledge and de|ver any and all bonAs, recognizances, undertakings, or other instruments or contracE ol
suretyship-
WESl F IELD INSURANCI- COTIPANY
WESl FIELD NATIONAL INSURANCE COIV]PANY
OTlIO FARIV]E RS INSURANCE CON,IPANY
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGT
GIIAFANTEE, oR BANK DEPOSITORY BONDS.
and to brno anv ot the Comoanres lhc.cbv us lulrv and ro lhc s,rnc exLcnl as rf suc4 bonos wc'c siqncd by thc Prc\idenl. scalcd wllh lhe roroo'alc
spjrt ot rhe aodlcable Combanv 3nd d,rlv dtte5le-o bv (S Scc.cta.V hc'ebv ralrlyrnq und confr'm'riq dll lhal lhc said Allorncy(s)_in l act rnay do rn
Lhc orcmtscs' Said aoooidtmdnt 's made under antj bv authorit'; ol rhe followlnq-rcsolulron adoalcd by lhc Eoard of Direclors of nach of lhc
wLsII ItI D INSURANCL CoMPANY WTS IT IT I D NAIIONAL INSURANCL COMPAI{Y and OHIO fARIr'TRS INSURANCT COMPANY'Be lt Rcsotvrd. th.tt the Presrdenl. dny Senior Ixecutrve. any Secretary or any lrdelily & Su ety Opcralrons Lxecutrve or olhcr Ixecutive shdll
Uc anO is r'crefry vestcd wilh futl powcr jno duthoriry to apporni any one 6r mori \urlahl6 Ocrsoni as Atlorney(5l.in ldcl lo rcp/cscnl and dcl for
dro on hehall of tho Compdny subicc( lo Ihc followrnq provisronr
Ihe Attorncv. l.faq. hat' tc Oivcn tult powcr anal ;ulhor rty lor dnd rn rhc nanrc ol irnd on bchdll ol lnc Cornpdny. lo cxcculc iLlnowledgc dnd
octrver. dny dn'o att bonos. /ccoqi'ranccs. cont,acts. aqrccm6nt: ol rndemnrry and olher conditiondl o'obliq,rlo y underldkrnqs,rnd any and a1l
nol'cet anb documcnts canccliio or tc.rnrnarrne Ihe-Cornoanv s liabilily lhcrcundc.. and any such tnslrumcnls so exccuted by dny such
Attornev in I act shail bc as brndtio uoon the Comiodnv as ,, srqn-cd bv the ?.e\idcnl and sealed ind Jltesled by lhe Cor po'atc Secrelary. '
Beit fnrha Rcso/t/ed that rhd sronaturc ot anv sil]ch ocsr-qnarcd Oc.son ano thc scal ol lhc Cornpany hcrclofo'e or he'cdllc' alfixed to lny
oowcr oi dflorncv o. dnv ccrtrlicdLc relatinA lherero'hV l,rcsimr16. ano jnV powcr ol ii(rorncy o'c.rliticalc hcar'nq facsimrlc srqnalurcs o, foc5,'nllp
5cdl shatt bcv.ifidandbindirOupontheCb'npanywilhrcspcLrtoany6onoorunocrldkingrowhr.hrrrsdttached.'(taLhJdooteddld'neetrnq
held on Februdrv 8.2000).h WihCSS W\ATCOI, V\iESTFIELD INSURANCE CO['PANY, WESTFIELD NATIONAL INSURANCE COMPANY ANd OHIO FARMERS INSURANCE
COMPANY havc caused these prescnts to be signcd by thcir National Suaety Leader and Senior Executive and lheir corporatc scalS to bc hcrcto
alfixed this 03rd day ol SEPTEMBTR A D. 2020 .
I
ionaYsuretv Lcadcr and
Senior (xecuttve
On rhis 03rd day of SEPTEMBER A.D., 2020 , beforc nrc personally came Gary W. Stumper lo nrc known who being by mc duly sworn,
did depose and sav. rhar he resides rn Hanford, Ct; that he rs National Surety Leader and Senior [xecutive ol wtsII ILI IJ INSURANCI
cOvphtrv. wt S tt It r u un t tout TNSURANCL COMPANY and OHrO rARMLRS tltSunaruCt CO[,,IPANY. rhc companies oescflbeo In ano whrch
executed the afrove instrumentr that he knows the seals of said Companies; tha( the seals affixed lo said instrument are such corporate sealsi lhat
thcy werc so affixcd by order of lhe Boards of Directors of said Companies; and thal he signed his namc thereto by like order.
Seal tutz/6,
Stale ot Ohio
County of L4cdina
Slatc of Ohro
Counly of Medina
s
tly
Gary W mper, ruat
David A. Kotnik, Attorney at Law, Notary Public
My Commission Docs No{ Expire (Sec 147 03 Ohio Revised Code)
e or
I FTANK A CATTiNO, Sec IeIaTy of WESTF IELD INSURANCE COMPANY. WES I F IE LD NATIONAL INSU RANCE COMPANY and OHIO FARME RS
INSURANCI COMPANY. do hcrcbi ccflrfy rhar rhe abovc and foreqornq rs il truc ano co'recr Lopy of a Powcr ol Alro'ncy. cxeculed bV saioCompdnics. whrch rs slirl in full lorie ano illcct: dnd lurlhcflnorc. the"'esdlulions of the tsoa'os of Cir/ectors scl out rn the poirc'of Alto'n6y arcn full forcc and effcct.
ln Wilness Whereof, I have hcrcunto set my hand and affixed the seals ol said Companies at Westfield Center, Ohio, this sth day ofJuly ^D 2022
6^a I A-,^o,"*"or:
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:Ei snnr, ih:'1"i'. . r;
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a
BPOAC2 (combaned) (06-02)
Frank A. Carrill(,, iccrctilry
SE,[,1