FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225122DMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $
Water System $ 0
SewerSystem $ 0
Total
345 000.00 TracUParcel Map TR36803 (Corson Ave.)
$345,000.00
Other Proj . Ref. lP21-0135
Bond No. 225122D
Premium $$ $5.520.00
FPG Sun Menifee 80 LLCSurety Westfield National lnsurance Comoanv Principal
Address P.O. Box 5001 Address
City/State Westfield Center OH City/State
Zip CodezipCode 44251
Phone (360) 887-0101 Phone 949-348-8162
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 complete the
above designated public improvements relating to IED9Q3_J_IE!-1[!j!S, which
agreement(s),dated September 28,2022, islare hereby referred to and made a part hereof;
and,
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 lltle 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; otheMise, it shall be and remain in full force and effect.
7 /21/2022
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, 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 lltle 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum
of Three Hundred Fortv-Five Thousand and 0/100 Oollars, ($345,000.00) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment
lnsurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement(s) or to the specifications accompanying the same
shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are
not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on October 4 2022.
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
AUTHORTZED STGNATURE(S):
Name: Li',*--- e..*(:*\
NAME OF SURETY: Westfield Na lns
AUTHORIZED SIGNATURE:
Title: N--*r^."-rz-- ?-'{.'+*.'"<Uti're.-
(IF CORPORATION, AFFIX SEAL)
an
Karl C Itus, lts Atto y-in-Fact lltle
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIALACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN-FACT.
7 t21t1022
By:
NOTARY ACKNOWLEDGEMENT
SS
l, Carol A. Thomas, Notary, attest that Will
Sun Menifee B0 LLC personally known to
October 2022.
iam Raffoul, Authorized Representative of FPG
me appeared before me on 11," {+\ day of
_...".t:$ ;;2,
Carol A. Thomas (Notary)
My commission expires on May 4,2025
State of Michigan, Oakland County acting in Oakland County, Ml.
C{RO!A. THO AS
toT RY PUEl-tC. SIATE OF Mr
OOUNTY OF OAJ(AXD
lrY CCIIMISSION EXP|RES May 4. z!2S
ACTING lN couNTY 0F O q-(\"^{
State of Michigan
County of Oakland
NOTARY ACKNOWLEDGMENT
State of Oreson
Cou nty of Multnomah
On Qclober 4,2022 before me,Michael E Mertz
persona lly 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 and official seal.
MuNotary Signatu re:
Commission Expiration Date June 13 2025
OFFICTAL STAMP
f,ICHAEL E MERIZ
NOT'RY PUBUC - OREGON
coMMrssroN No.'1013m8
MY COMMTSSD EXPTRES JUNE 13,2025
Nota rv Seal:ffi\w/
General
Power
of Attorney
CERTIFIED COPY
Westfield
Westfield National
Ohio Farmers
POWER NO 3616922 01
lnsurance
lnsurance
lnsurance
Westf ield Center, Ohio
Co.
Co.
Co.
Know Alt Men bv Ihese Presents. That WESTFIELD INSURANCE COMPANY, WESTFIELo NATIONAL INSURANCE COMPANY and OHIO
fAnUfnS truSUneruCE COMPANY, corporations, hereinafter referred to individually as a '-Company and collectrvely as 'Companies," _dulyorqanized and existing under the laws cif the State of Ohio, and having its principal oiffrce rn Westfreld Cenler. Medlna County, Ohio, do by these
presents make, constitule and appoinl
KARL cHoLIUs, aRAD MAPES, SARAH HARREN, EMILY NAGEL, ELIZABETH HARMON, SHANNA COX, KELLY NIEMELA, NICK
DEAN, STEFAN K. ENGELHARDT, JOINTLY OR SEVERALLY
of PORTLAND and State of OR its true and la$'ful Attorne
place and slead. (o execLle. acknowledge and del ver any and all bon
suretyship rn any penal limit. - . -
y(s) ,n Fact. wrth furl power and authofily hereby conferred rn its name.
ils, recognizances, undertakrngs, or other instiuments or contracts ot
LIMITATION: THIS POWER OF ATTORNEY CANI,IOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GTIAFANYEE, oR BANK DEPoSIToRY BoNDS,
and to bind any o( lhe Companies lherebv as fullV and lo the same extent as il such bonds were sr0ned by the Presrdent. sealed wrth lhe corporale
seal of the aool,cable Comdanv and oul\i attesteil bv rts Secrelarv. herebv ratrfvrno and confirmrna all thal the Said Attornev(s).in-Fact maY do tn
the premises Sard appo.ritmdnl is maile under aq-o bv autno.,ti of the lollor/'inq-resolution ado"pted bv the Boa'd of DirActors of each-of theweSIrIrI o IrusuneruCE CoMPANY, WESTFIELD NATIdI!AI INS(,RANCT CoMpAtrJY and OHIO FARMERS INSURANCI COIVPANY
' Be lt Resolved, that the President, any Senior Executive. any Secretary or anv Fidelity & Surety Operalrons Executrve or other Executive shall
be and rs hereDy vesled with lull power;nd authorrty to apporni any one 6r mor6 su,tabti: perso4(as Altorney(s).rn.Fact to replesent and act lor
and on hehall of lhe Comoanv suhrecl to the followrno Drovisrons
Tne Auot nav t.fad inal be d'rven fu ll oower antl iuthor nv for and rn lhe name of and on behalf ol the Comoanv. to execule acknowleooe ano
deriver. any and al bonds. iecoqirzances. contracls. agreem6nts of rndemn,ly and other conditionaror obkgaiory- underlakrngs and any;nd all
notices and documenls cance|nq or termrnatinq the Companys liab,lily thereunder. and any such rnstruments so execuled by any Such
A(ornev- n-Fact shall be as bindrni! upon the Company as rf srgned by the Presrdent and sealed end allesled by the Corporate Secretary.'Bcit lutlhur Re\olved, that the"s''onature of aiv s'uctr oositnatedoerson and the Seal ol the Comoanv ner6lofore oi hereaher attrx'eo lo anv
power of attorney or any certificate re'latinq thereto'by facsimrlE, and ary power of attorney or certificate 6eanng lacs,mie signatures or facsimil[)
sear shall bevafidandbindinquponlheCbmpanywithrespectroany6ondorundertakrngtowhichitisattached'(tachadopledalameelrng
held on Februarv 8. 20001.
ln Winess Whercot. WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leador and Scnior Executive and their corporate seals to be hereto
affixed th s 20th da of JULY
Corporale
A.D..2022 .
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Seals
o
WESTFIELD INSURANCE CON,4PANY
WESTFIELD NATIONAL INSU RANCE CONIPAiJY
OHIO FARI\,4ERS INSU RANCE COI\,4PAN/
sf,fi,L
State of Ohio
County of Medina SS
State of Ohio
County of Medina SS
I;llsBy
On this 20th day of JULY A.D,2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn,
drd depose and say. rhaL he resides in Medina, OH; thar he is National Surety Leader and Senior Executive ol wESTlEt D INSURANCF
COMPANY, WESIFlELD NAIIONAI INSURANCE COMPANY and OH.O FARMERS TNSURANCF COMPANY, Ihe compan,es descrlbed In and whlch
executed the above instrumentt that he knows the seals ol said Companiest that the seals affixed to said instrument are such corporate sealsi that
they were so affrred by order of the Boards of Directors of said Companiest and thar he signed his name thereto by like order.
Nolarial
Seal fulzl/6ft/A
Gary W ump er, Nalion
Seni
\rclv I ahdet and
or (xecutive
I Frank A. Carrino, Secrerary of WESTFIELD lNSURANCE COMPANY, WESTFIELD NATTONAL TNSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby cerlily that the above and loreqoinq is a lrue and correct copy of a Power of Attorney, executed by sard
Corpanies. which is strll in full forie and 6ffect, and lunhermore. the"resdlurions ot rhe Boards of Driecrors. set oul rn lhe Po-wer of Attorn6y are
rn full force and effect
ln Witness Whcrcol, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 4th day ofOctober A.0., 2022
6J1 / h^.*:.iffi4.*;;.,
:Ei SEAI- iN:"'-.*.. ,..,s.jZ 1..........r' ..s
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t: or
\AL
BPOAC2 (combined) (03-22)
Frank A. Carrino, Secretary
S.cratc,!
David A. Kotnik, Attorney at Law. Notary Public
My Commission Does Not Expire (Sec. 147 03 Ohio Revised Code)
SEAL