FPG Sun Menifee 80 LLC Faithful Performance Bond TR36803 225122DFOR: Streets and Drainage
Riv. Co. Flood Control
Water System
Rec. Water
Sewer System
Total
City/State Westfield Center. OH
zip Code 44251
$690 000.00 Tract Map TR36803 (rson Ave.)
0 Other Proj. Ref rP21-0135
0 Bond No 225122D
0 Premium $ $5.520.00
0
$
$
$
$
$690,000.00
City/State
Zip Code
Phone 949 -348-8162Phone (360) 887-0101
WHEREAS, the City Council of the City of Menifee, State of Califomia,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 / tP21-0135 , which agreement(s), dated
September 28, 2022 islare hereby refened 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 , as
surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Hundred
Ninetv Thousand and 0/100 Dollars. ($690.000.00) laMul 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; othenarise, it shall remain in full force and effect.
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
Surety Westfield National lnsurance Companv Principal FPG Sun Menifee 80 LLC
Address P.O. Box 5001 Address
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, incuned by the City of Menifee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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 ot 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 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
agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named,on Oclober 4,2022.
AUTHORTZED STGNATURE(S):
By:
Name: '.,J P--'<'q-.-a
NAMEOFSURETY: W
AUTHORIZED SIGNATURE:
'fi fl e: N^\*r:z-,\ (l-,e{r-e-rair-\-S'' {-
(IF CORPORATION, AFFIX SEAL)
Karl holtus, Its Attorney-in-Fact
n
Titie
(IF CORPORATION, AFFIX SEAL)
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY{N.FACT.
State of Michigan
County of Oakland
NOTARY ACKNOWLEDGEMENT
SS
l, Carol A. Thomas, Notary, attest that William Raffoul, Authoriz
Sun Menifee 80 LLC personally known to me.GppQALFd before
Oclober 2022. .'.''.'NoL A' ri:'z
_--W.i",^i;::.:42-- == j .."' a-_(-*J G asi-----^) ie: Go- :
=Carol A. Thomas (Notary) ------!j.. "rru" .r o€j
My commission expires on May +, zozi4':,ir$r,6,,,1X1:N
ed Representative of FPG
me on the ,-lr\ day of
cARo{. A. THOM S
iOTARY R,BLIC, STATE OF MI
COUI{IY OF OAXLANO
tfvCO,IMISSIO EXPIRES May 4, 2025
ACTIi'IG lN CoUNTY OF O *$\*,.L
State of Michigan, Oakland County acting in Oakland County, Ml.
NOTARY ACKNOWLEDGMENT
State of Oregon
County of Multnomah
On Octobe r 4 2022 before me,Michael E Mertz
personally appeared 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
Notary Signature:
and official seal/fu
Commission Expiration Date:
Notarv Seal:
J une 13, 2025
ffi-",flIffi,:,ffi""-\iW/ coMMtssroN No.1013203
MYCOMMISSION EXPIRES JUNE 13.2025