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FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225121NMATERIAL AND LABOR BONO CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) FOR: Streets and Drainage $2,166 500.00 TracUParcel Map TR30803 (On Site) water System $- other Proj. Ref tP21-014SSD Sewer System $Total $ Surety Westfield lnsurance Companv Address P. O. Box 500 Bond No.225121N Premium $34.664 Principal Address FPG Sun Menifee 80 LLC City/State 1 zip Phone 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 comp lete the above designated public improvements relating to TR36803 I lP21-0145SD , which agreement(s), daled @ 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 Two Milli onOne Hundred Sixtv-Six Thousand Five Hundred and 0/1 00 Dollars.2 166 s00.00 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. 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. 10/26/20 City/State Westfield Center. OH Zip 44251 Phone (330) 887-0101 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 ot 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 June 30, 2022. AUTHORTZED STGNATURE(S) By.w,( Name: Title: \n'I\q^{i{s *\ S{Q, D-*r-\=-e.'-'-- (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Westfield lnsurance C a AUTHORIZED SIGNATURE:Karl Choltus Its Attorney-in-Fact Title (rF coRPoRATrON, AFF|X SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT. NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC 10t26120 NOTARY ACKNOWLEDGMENT State of \\:&:(rs<.) Cou nty of r-v-rtr.--l On before me,C _-,-__o\ N-\L_^,"_..s personally appeared \)-\\l*.- g.*e{-.-\persona lly known to meto bethe 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. Notary Signatu Commission Expiration Date: Notary Seal: \r- C.AROL A, THOMAS NOTARY PUETIC, STATE OF MI CO'INTY OF OAKUND MY COMMISSIoN EXPTRES MaY a, 2025 ACTING lN CoUNTY 0F 6 -\!\ *-\ A t??*" +(' CC o+:s =-o', %ry (, NOTARY ACKNOWLEDGIUENT State of Oreson County of Multnomah On 6130/2022 before me, Michael Mertz personally app eared Karl Choltus ersonally 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 Notary Signature: and official seal./a, lrl^.laz Commission Expiration Date: Notary Seal: Ju ne 13, 2025 @ oFFICIAL STAMP t{ICHAEL E lilERTil NOTARY PUBLIG OREGON COMMI SION NO.,l013203 COMMI95ION EXPIRES JUNE 13 2d25