FPG Sun Menifee 80 LLC Material and Labor Bond TM368036 278954QMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
Surety
Address
City/ State
Zip code
Phone
$0.00 Parcel Map
Other Project No.
Bond No.
Premium
TM36803 (oNSTTE)
$ 326 000.00
$0.00
$0.00
Westfield National
lnsurance Company
P.O. Box 5001
$5,216.00
Principal FPG Sun Menifee 80 LLC
IP21-014U WATER
278954Q
27777 Franklin Road, Suite 200
Southfreld, Ml
4425',1-5001 48034
330-887-0101 (248) 598-2595
WHEREAS, the City Council of the City of Menifee, State of California, and Epfu
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,
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.
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 l'ltle 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.
2/t 12023
Address
City/State
zip
Phone
FOR:StreeUDrainage
Dom Wtr
RecWtr
Sewer
WQMP
Total
$ 0.00$ 326,000.00
Westfield Center, OH
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 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 Three Hundred Twentv-Six Thousand and 0/100 Dollars. ($326.000.00) 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 ludgment therein rendered.
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 January 31"t 2023
NAME OF PRINCIPAL:FPG Sun Menifee B0 LLC
AUTHORIZED SIGNATURE(S) :
Name:
Title:
rli-i1l Raff*r
Mhureajndor1
(IF CORPORATION, AFFIX SEAL)
rt
NAME OF SURETY: Westfield National lnsuranc
AUTHORIZED SIGNATURT
n
Its y-in-Fact Jai ngas Title Attorney-in-FactI
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT,
2 /2023
MATERIAL AND LABOR BOND
By:
PRINCI PAL NOTARY ACKNOWLEDGMENT
STATE OF:t4 tCA rGAJ
COUNTY OF 0xzr*,t D V\awzc,t
\,/, llrrrn Pa
IAcV,nnevt,/*kton dcl 3t before me,
a Notary Public, personally appeared \,./, t(r um Ql^{dot 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
the instrument.
WITNESS my hand and official seal.
'..-.5gl;ffi;;ted
ignature
STATE OF: OREGON
COUNTY OF: MULTNOMAH
on r lat /aoaa before me,Emil Na el , a Notary
Public, personally appeared personally known to
me (or proved to me on the basis of satisfactory vidence) 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.orrrc nL suuiEIILY IIAGEL
NOTABY PUBLIC.OSEGON
coMMtSSION NO.987770
MY COMMISSION EXPrB€s MAY 30, 2023
Signatu
-a-
Qtr.tc
SURETY NOTARY ACKNOWLEDGMENT
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING IHIS SAME
POWER # AND ISSUED PRIOR TO 11/21122, FOR ANY PERSON OR PERSONS NAMED BELOW
POWER NO. 3616922 01
CERTIFIED COPY
Westfield
Westfield National
Ohio Farmers
lnsurance Co.
lnsurance Co.
lnsurance Co.
Westfield Center, Ohio
Know A Men bv These presents. That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
r nil,irins' iilsit iiNtr' triilrpnlv, iiirodiot,ons, rre;ernaftei ielerred to ,ndrvrdually as a ''company'' and collectrvely as'companres' dL'y
;;il];;; "il&,ri,;g unaei tne raws.if tne Stare of Ohro, and havrng ts pr rnc,par o-ll ce in westl eld Center, Medrna CoLrty, oh o, do by thesL
presenls make, conslrtute and appolntknii CHoriu's, -aCAo tr,lapES,'Snnnu HARREN, EMILY NAGEL, ELIZABETH HARMON. SHANNA COx, KELLY NIEMELA. NlcK
DEAN, STEfAN K. ENGELHARDI, JAIMIE KANGAS, JOINTLY OR SEVERATLY
ol PoRTLAND and stdre ol oR tts true and tdwlu Attorney(s) ,n [act. wrth lull power ano aulhorrly lcreby confelred ln ts rarre
pace and slead. to execule, ackFowledgc and delrver any and all bonds, recognizances, undenakings, or other lnslruments or contracls ot
suretyship in any penal limit. - .
LIMITATION: IHIS POWER OF AITORNEY CANNOT BE USED TO EXECUTE I'IOTE GUARANTEE, MORTGAGE DEFICIENCY, MORIGAGE
Corporat€
Seals
State of Ohio
County of Melrla
...Sl.t|4r.2;,
:Ti SEAL iN:''-.:;.. .-'3it, '"......."t j
WLS II.IELD INSU RANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COI\iIPANY
1
lBrlS
By
Gary w mper, /var urely Le,tder andor F etutiveSeri
David A, Kotnik, Attorney at Law. Notary Public
My Commission Does No( Expire (Sec.'147.03 Ohio Revised Code)
onthiszlst day o{ NoVEMBER A.D,?022, before me personally came Gary W. StUmpeJ to. mef(nown,_ who, belng by me duly sworn,
drd depose ar,tl rav, riar he resrdes rn Medrna, OH; that he rs National Surety Leader and Senior Executive ol WESIFIILD INSURANCI
COMPANY, wES ILLD NAITONAL TNSURANCL COMPANY and OHIO I-ARMERS INSURANCT COMPANY, the Lompanres described ,n and which
executed the above lnstrument; that he knows the seals of said companies; that the Seals affixed to said instrumefi are such corporate Seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal tulzl/ffrA
State of Ohio
County of Medina SS
SEAL
e or
t, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
NSURANCE COMPANY, do herebi cenrfy lhat the above and loreqornq is a lrue and correct copy of a Power ol Anolney, executed by sald
ComDantes, whtch rs sull in tull lorie and 6ffecl; and lurlhermore, the-resdlutrons of lhe Boards of Draectors, sel oul in the Power of Attorney arc
n full force and effecl
ln Witness Whercof, I have hereunto set my hand and affixed the seals of said Companres at We$field Center, Ohio, this 31St day ot
January A D. 2023
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r".rONA,,.'',...:\'Il'" " ";ri.'6 ".j r-j ".+',
:C! SEAI. ir:i1:9\ .i?-.'
'2 .......'. _.r
t
BPOAC2 (combined) (03.22)
Frank A. Carrino, Sccrctary
Socrs,a.y
General
Power
of Attorney
lhe Said under Board of the
INSURANCE COMPANY:
"Be lt Resolved, that the President,Executive,other Executive shall
be aod - n'Fact to represent and act for
lpower
and other conditional orcontracts,SUChtheandsuch
of thc
shall upon the meeting
held on
INSURANCE COMPANY,wESTFIELD NATIONAL INSLIRANCE COMPANY and OHIO FARMERS INSURANCEln Wi tess
COMPANY
afllxed thrs 21st
SE$J.