FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225122GMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 777.500.00 TracUParcel Map TR36803 (Holland Road )
Water System $ 0 Other Proj. Ref.rP21-013SS
Sewer System $0 Bond No.225122G
Total $777,500.00 Premium $12.440.OO
Surety Westfield National lnsurance Comoanv Principal
Address
City/State Westfield Center.oH
zip Code 44251
Phone 360 887
FPG Sun enifee 80 LLC
949-348-81621
City/State
Zip Code
Phone
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 TR36803 / lP21-013SSD, which
agreement(s), dated September 28, 2022. 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;
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 Seven Hundred Seventv€even Thous nd Five Hundred and 0/100 Dollars.
($777.500.00) 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.
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; otherwise, it shall be and remain in full force and effect.
'1/2t /2022
Address P.O. Box 5001
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 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,October 4 2022.
Na me:ti',r\r.C__\1'-.-\ \
Tjtle: N..'t=s< z_^I Qe_tso..r.lfta*i.r <-
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY ld Natio lns n
AUTHORIZED SIGNATURE:
rl C Itus,Attorney -in-Fact Tiile
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
1 t2t /2022
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
AUTHORIZED SIGNATURE(S):
By:
NOTARY ACKNOWLEDGEMENT
l, Carol A. Thomas, Notary, attest that William Raffoul, Authorized Representative of FPG
Sun Menifee 80 LLC personally known to me appeared before me on the {+! day of
State of Michigan
County of Oakland SS
Oclober 2022.
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="'r7ri."..o,^, .'"Si
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in oa[i3hU'U8linty, Mr.
CAROI A, THOMAS
IOTARY PUBLIC. SIATE OF M]
Cot,Nry OF OAKI-AND
lf,YCoUUBS|oN EXP|RES May 4 202s
lcTrNG tN cor,NrY oF G . ',\_'o-Hq
State of Michigan, Oakland County acting
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Carol A. Thomas (Notary)
My commission expires on May 4,2025
NOTARY ACKNOWLEDGMENT
State of Oreeon
County of Multnomah
On October 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
/V/,
seal. r
,4,rft,
Commission Expiration Date:.,une 13, 2025
ffi,",#ffi',ffi"",\iwl coMMtsstoN No.1013203
XY COMMIiSION EXPIRES JUNE 13.2025
Notarv Seal:
General
Power
of Attorney
CERTIF IED COPY
Knaw Atl Men bv These Presents. That WESTFIELD INSURANCE COMPANY, WESIFIELO NATIONAL INSIJRANCE COI'.4PANY and OHIO
fenUgRS ttr:SUnlUbF COMPANY. corpo.alrons here'nafte' re,erreo lo rnd'vro.ralry as a Compa'y and colleal,vely as Companes. .dulyoreanized and existing under the laws df the State of Ohio, and having its principal oJfrce rn Westfield Cenler. Medrna County, Ohio, do by these
presenls make. conslitute and appoinl
KARL cHoLTUS, BRAo MAPES, SARAH HARREN, EMILY NAGEL, ELIzABEIH HARMON, SHANNA COX, I(ELLY NIEIVlELA. NICK
DEAN, STEFAN K. ENGELHARDT, JOINTLY ON SEVERALLY
of PoRTLAND and state of oR its lrue and lav!4ul Attorney(s),in,Fact, with full power and authority hereby conferred in ils name.
place and stead. to execute. ackno\,1/ledge and delver any and all bonas, rscognizancBs, undertakings, or olher instruments or contracts of
sur€tyship in any penal limit. - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE CUARANTEE. MORTGAGE DEFICIENCY. MORTGAGE
GIIAFANTEE, oR BANK DEPoSITORY BONDS.
and to bind anv of the ComDan,es theretlv as rullv and lo lhe same extent as rl such Donds were srqneo by lhe Prestdenl sealed w'th the corporale
sear of the ao6lrcable Combanv and duli atteste-O bv its Secretary. herebv ratrfy'nq aad conlrrmriq all thal lhe saro Altorney(s).in Fafl may do in
lhe oremised ' Sard aoooirimdnt rs made under an-d bv authoritv ol the iollowjnq-resolutron adoated by the Board of Drreclors of each of thew[dIT To INSURANCE CoMPAI.{Y, wESTFIELD NATIONAI INSORANCE COMPAI'JY and OHIO FARMERS INSURANCE COMPANY:'Be tt Re,alved_ lhat the Pres,dent, anV Senror txecLrlive. any Secretary or any Frdelity & Surety Operatrons Executive or olher Executrve shall
be and rs hereby vesled wrth full power 6nd aulhonly to apporni any one 6r mo16 su{abli: Oersons as Atlorney(s)_in_Facl to represent and act fol
and on behalf of lhe Company sublecl lo tl'e followrnQ provrsrons'
tt,e AUotnev.tn.Fdct ;nai be a",ven full Dower and aulhor,lv lor and in the name of and on behall ol the Company to execule. acknowledge and
deriver, any and att bonds, iecoqi,zances.'contracts. aqreements of rndemnrty and other condrlronal or oblrgatory Lndenakrngs and any and all
notrces anij documents cancel-no or termrnalrne the_ComOanVs liabrlitv lhereJqder, and aav such inslrumenls so executed by any sucl
Atto.nev in.fact sialt be as bindri'a uDon the Com-oanv as if iiqni?d oy the?res,dent and s6aled and allested by the Corporale Secretary "
'Beil funhar Rcsotved, that the" si'qnatLre ol aiy duch desr-qnated person and the seal of lhe Company hetelofore or hereafter affixed lo any
power ol attorney or any ce-1ificate relatrnq tneretdby facsrmrl6 and dry power of atlorney or cenilicate 6ear'ng facsrmrle s gnaLures or facsrmr'b
;eat shatr be valio and bindr"q upon rhe C-ompany wirh respect lo any 6ond or undenakin'g to whicl- rl 's atlaclied (Eacl' adopled at a meeting
held on February 8, 2000).tn w ncs\ Whcrcol WFSTFIEI D tNStiRANCE COI\,,!PANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have ca!
affrxed this 20th da
ed these presents lo be srgned by the r National Sirrety Leader and S€nior Executive and their corporate sea s lo be herelo
of JULY A.D .2022s
Corp0.at€
Seals
Aflixed
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ii-i sEAL !n:
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WESTF IELD INSU RANCE CON/PANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FAR[,4ERS INSU RANCE CON,IPA|IY
SEil,L ,
Slate of Ohio
Counly of Medina SS
Stale of Ohio
County of Medina
U ."$wi.,,r:,-s'oi" ":94".
i;i SEAL'#:
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s /',
kBy
184a.ii...,'r
Gary w tumper, A/ali o urcly Lea.ler at\o
Ser/
On this 2oth day of JULY AO.,2022 , before me personally came Gary W. Stumper lo me known, who, being by me duly sworn.
drd oe0ose and say. rhar he resrdes in Medina, OH; that he rs National Suretv Leader and Senior Executive of WESTFIELo INSURANCI
COIVPANY wESTTTELD NAIIONAI INSURANCT COMPANY and OHIO FARMERS TNSURANCT COMPANY, Ihe companles desc,ibed 'n and whlch
executed the above instrument; that he knows the seals of said companiesi that lhe seals affixed to said rnslrument are such corporale sealsj that
they were so affixod by order of tho Boards of Drrectors of said Companiesj and that he signed his name therelo by like order
Nolarial
Seal tula(frfr^\AL
e of
r, Frank A. Carrino, Secrerary of WESTFIELD INSURANCE COMPANY, WESTFIEt0 NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCr COMPANY. do herebi cenily thar rhe above and foregorng rs a rrup and correcl copy of a Power ol AIorney. executed by saro
Companres. whrcl. rs st,ll in,Jll forCe and effect: and fu.thermore. the resolutrons ol the Boards ol Diiectors. set out in the Power of Allorney are
in full force and effect
tn Witness Whereof, I have hereunto set my hand and affixed the seals of said Compaoies at Westfield Center, Ohio, this 4th day of
October A D, 2022
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 14? 03 Ohio Revised Code)
{"*.A / A^,SE[.L
BPOAC2 (combined) (03-22)
Frank A. Carrino, Secretary
Scc"a,c,f
POWER NO. 3616922 01
Westfield lnsurance Co.
Westfield National lnsurance Co.
Ohio Farmers lnsurance Co.
Wcstfield Centcr, Ohio
ss.