FPG Sun Menifee 80 LLC Faithful Performance Bond TR36803 225122FFAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $540 000.00 Tract Map TR36803 (Evans Road)
Riv. Co. Flood Control $ 0
Water System $_________Q_
Rec. Water $ 0
Sewer System $ 0
Total $1 540
Surety Westfield National lnsurance Companv Principal
Address PO. Box 500't Address
City/State Westfield Center OH City/State
Zip Code
Phone
Zip Code 44251
Phone (360) 887-0101 949-348-8162
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
aftached agreement(s) whereby principal agrees to install and complete the above designated
public improvements relating to TR36803 / lP21 -013SSD, which agreement(s), dated
dated September 28,2O22, is/are hereby referred 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 Company,as
surety, are held and firmly bound unto the City of Menifee in the penal sum of On One Million
Five Hundred Forty Thousand and 0/100 Dollars,540 000.00 lawful 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; othenrvise, it shall remain in full force and effect.
As a pa( 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.
1
Other Proj. Ref. lP21-013SSD
Bond No. 225122F
Premium $12,320.00
FPG Sun Menifee 80 LLC
,|
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 1 0% 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.
NAME OF PRINCIPAL: FPG Sun Me nifee 80 LLC
AUTHORIZED SIGNATURE(S):
By:/a
Name: si.-s(.*\lltle: N*rr**t., -\ 9-,.r{.:*-'rS\N'so-
(rF coRPoRAT|ON, AFFTX SEAL)
NAME OF SURETY: Westfield Nati ln la o n
AUTHORIZED SIGNATURE:
Karl Itus,ts rney-in-Fact Title
(rF coRPoRAT|ON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN-FACT.
NIF
E
State of Michigan
County of Oakland
October 2022
Carol A. Thomas (Notary)
My commission expires on May
State of Michigan, Oakland Cou
NOTARY ACKNOWLEDGEMENT
SS
I
_t
l, carol A. Thomas, Notary, attest that william Raffoul, Authorized Representative of FPG
Sun Menifee B0 LLC personally known to me appeared before me on the -$$- daV of
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nty acting in d'dffanstbounty
CAROT A, THOI,IAS
NOTARY R',8I.IC, STAT€ OF MI
COI'NTY OF OAXTAND
UY CotlMlsslo}l EXPIRES M.y a, 2025
ACnrc IN CoUNTY 0F b.L!L\,J
Mt.
NOTARY ACKNOWLEDGMENT
State of Oreson
County of Multnomah
On October 4,2022
persona lly appeared Karl Choltus
before me,Michael E Mertz
ersonally 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.
Notary Signature:
@
OFFICLqL STAMPitICHAEELERT:Z
NOTARY PUBLIC OREGON
toNCOMMISS 1NO 3m30'lCOMMISSJONEXPIRES1JUNEtu253,
rfu
Commission Expiration Date: June 13,2025
Notarv Seal: