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FPG Sun Menifee 80 LLC Faithful Performance Bond TM36803 278954QFOR Surety Address City/ State Zip code Phone StreeVDrainage Dom Wtr Rec Wtr Sewer WQMP Total $ FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) 0.00 Parcel Map Other Project No Bond No. Premium $ 652 000 00 IP21-014U WATER 0.00 278954Q $000 $5,216.00 $0.00$ 652 000.00 Principal FPG Sun Menifee 80 LLC $ Westfield National lnsurance Company P.O. Box 5001 Westfield Center, OH 4425',1-5001 330-887-0't01 27777 Franklin Road, Suite 200 Southfield, Ml 48034 Address City/State zip Phone (248) 598-2595 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 National lnsurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Hundred Fiftv-Two Thousand and 0/100 Dollars 652 000.00 lawful 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. M EN IFE E TM36803 (ONSTTE) 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 - WATER ONLY, which agreement(s), dated January 31,2023, is/are hereby referred to and made a part hereof; and, 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.. Surety further stipulates and agrees that the provisions of Section 2845 ol the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. When the work covered by the agreement(s) is complete, the City of Menifee wlll 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 agreement(s). lN WTNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on January 31st 2023 NAME OF PRINCIPAL: FPG Sun Meni BO LLC AUTHORIZED SIGNATURE(S) By: Name: Title: ,[[rLyt)a LLI kwlhot tzrA Synavg (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Westfield National lnsuran Company AUTHORIZED SIGNATURE. A ey-in-Fact ie Kangas Title Attornsy-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEYJN-FACT.