FPG Sun Menifee 80 LLC Faithful Performance Bond TR36803 225122GI I
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mGI
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(covernment Code Section 66499.1)
FOR: Streets and Drainage
Riv. Co. Flood Control
Water System
Rec. Water
Sewer System
Total
$555 000.00 Tract Map TR36803 (Holland Road)1
$0 Other Proj
Bond No.
Ref. lP21-013SSD
225122G$
$
$
$
U
n Premium $ 12,440.00
FPG Sun Menifee 80 LLC
0
1 555 000.00
Surety Westfield National lnsurance Companv Principal
Address P.O. Box 5001 Address
City/State Westfield Center OH City/State
Zip Code
Phone
Zip Code 44251
Phone (360) 887-0101 949-348-8'162
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 / |P21-013SSD, which agreement(s), dated
SeDtember 28,2022. is/are 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 Westfield National lnsurance Com Danv ,as
surety, are held and firmly bound unto the City of Menifee in the penal sum of On One Million
Five Hundred Fiftv-Five Thousand and 0/100 Dollars,(Sl .555.000.00) lav,rful 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; othenryise, 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.
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 of 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 October 4 2022.
AUTHORTZED STGNATURE(S):
By
Name:e*s{*-\
Title: $,*3r.1r*.;z--\ {f--(s.s,r-\.-\s-
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Westfield Nati al I su
AUTHORIZED SIGNATURE:
Karl holtus, lts Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
Titie
ATTACH NOTARIAL ACKNOWLEDG ME NT OF S IGNATURES OF P RI NCIPAL AN D
ATTORNEY.IN.FACT.
n
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
State of Michigan
County of Oakland
NOTARY ACKNOWLEDGEMENT
SS
l, Carol A. Thomas, Notary, attestthatWilli
Sun Menifee 80 LLC personally known to
October 2022.
Carol A. Thomas (Notary)
My commission expires on May 4,2025
am Raffoul, Authorized Rep
me aooeared before me on''''\\\\\llllr'r""
.r.r[oL A ,, 4,.r.
s;r_.. " . '.i,_
S -." *" t:,, -zZ: . '- u)--
resentative of FPG
the *'..- day of
otRO{. A, THOMAS
iOIARY PUEIIC STAIE OF MI
COUNW OF OAKLAND
tlY Cottttls,sloN EXPIRES M.y 4.2025
AgTlr{G lil COUNTY 0F C<^{_\* }-
=gt
rL-..- |
==--V ". ^ -j > ==z;,r-*"N
State of Michigan, Oakland County acting in Oakland County, Ml.
,-1 t a-ru=*-\
NOTARY ACKNOWLEDGIMENT
State of OreRon
County of Multnomah
personally a ppeared Karl Ch oltus 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 officialseal.
Notary Signature:
Commission Expiration Date:
Notarv Seal:
June 13, 2025
ffi ,?i,,&t'JHL
\\\G"y'/ NOIARY PUBLIC - OREGON\4s-7 COMM|SS|ONNO.l0t3203
MY COMMlSStOr.l ExptREs JUNE 13.2025
On October 4, 2022 before me, Michael E Mertz