FPG Sun Menifee 80 LLC TR36803 22522FMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $770 000.00 TracUParcel Map TR36803 (Evans Road)
Water System $ 0 Other Proj. Ref.tP21-013SSD
Sewer System $Total $
Bond No. 225122F
Premium $$12,320.00
FPG Sun Menifee 80 LLC
0
770..00
Surety Westfield National lnsurance Comoanv Principal
Address P.O. Box 5001 Address
City/State Westfield Center, OH
zip Code M25'l
Phone (360) 887-0101
City/State
Zip Code
Phone 949 -3r',8-8't62
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 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 Seotember 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 lltle 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum
of Seven Hundred Seventy Thousand and 0/100 Dollars,770 000.00 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.
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 /2112022
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 fitle 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.
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 speciflcations 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,October 4 2022
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
AUTHORTZED STGNATURE(S):
By:
\.c R.-+-*tName:
Title:
NAME OF SURETY: Westfield Nationa lns an
AUTHORIZED SIGNATURE:
Karl C
$*,St.-.r z--,..f a--"-1s-lrs,-\.\C'r-
(rF coRPoRATrON, AFF|X SEAL)
Itus, lts Atto -in-Fact Title
(rF coRPoRATrON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF P RINCIPAL AN D
ATTORNEY-IN.FACT.
'1t2t t2022
NOTARY ACKNOWLEDGEMENT
State of Michigan
County of Oakland SS
l, Carol A. Thomas, Notary, attest that William Raffoul, Authorized Representative of FPG
Sun Menifee 80 LLC personally known
October 2022.
Carol A. Thomas (Notary)
My commission expires on May 4,202
State of Michigan, Oakland County acting in Oakland County, Ml
to me.a,RR,?,flf,9r,before me on the L\VI'. day of
..+*,^,u A rr" 1",,.
-..+'!_+".........,.,-zs o'.," *o' t ,- l*.r= ..- cARoLA. rHoMAs
iCi -'- j=== ...*'fil,H,tf;'il',3"-"'ji1..ouu'., *{S gtrfiT.tx#:r;ror-*t z#m,.slN
---1- \ tl.-rs:])..,
NOTARY ACKNOWLEDGMENT
State of Oregon
County of ultnomah
On October 4 2022 before me,Michael E Mertz
personally a ppea red 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 offici I seal
Nota ry Signature:
Commission Expiration Date: June 13.2025
Notarv Seal:
@ STAMPOFFICIALlltcHAELEERI':Z
NOTARY PUBLIC OREGON
COMMISSION NO 0,1 3203COMMISSIONEXPIRES1JUNE3,
General
Power
of Attorney
CERTIFIED COPY
Westfield
Westfield National
Ohio Farmers
POWER NO. 3616922 01
lnsurance
lnsurance
lnsurance
Westfield Center, Ohio
Co.
Co.
Co.
Know Atl Men bv These Presents. Thal WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
flnUEnS rlSUnnHtE CO|\,PANY. corporatrons. here,naher re,erred to indivrdually as a Company' and collect'vely as 'Companres," dtly
organized and existing under the taws cif rhe Slate of Ohro. ano having rts pnncipal otfice 14 Westfreld Center. Meotna County. Ohio. do by lhese
Dresents make, conslilute and appoint
kARL cHoLTUS. BRAo MAPES, SARAH HARREN, EMTLY NAGEL, ELIZABETH HARMoN, SHANNA cox, KELLY NIEMELA, NlcK
DEAN, STEFAN K, ENGELHARDT, JOINTLY OR SEVERALLY
of PoRTtAND and Stale ol OR rts true and lawlul Attorney(s)-in.Fact. wilh full power and authoflty he'eby confe'red rn rts name
place a^O slead. lo execute. acknowlectge and delrver any and all bonas, recognizances, undertakings, or other inslruments or contracts ol
suretyship in any p6nal limit.
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GIIAtrANTEE, oR BANK DEPoSITORY BONDS,
and to btnd anv ol the Comoantes thereby as furlv and ro the same extent as rf such bonds were siqned by Ihe Presrdent. sealed wllh the corporate
seal ol the aoSltcable Combanv ano duli attesle-d bv rts Secretary, herebv ratrfyrne and confrrmrn_q all lhal lhe said Attorney(s) rn.Fact may do r'r
lhe nremrsed ' Sard aoooiritmeint rs maile under an6 bv authonti of the lollowina-resolLrtron aoo-Dted by the Boa'd of Drrectors of each of the
wTSTTIELD IrusunaruCI coMPANY WTSTTITI D NATIONAL INS[,RANCE COMPAIY and OHIO TARMERS INSURANCT COMPANY
Bc ll Rcsolved, ttat the Presrdenl. anV Senror Ixecutrve. any Secretary or any Frderity & Surety Operalions Execulrve or olhol Ixecutive shall
be and is hereby vested wrlh full power 5nd authorrty to apporni any one il' mor6 sunabt6 persond as Attorney(s).rn-Facl to represenl and acl lor
and on beharf of the Comoanv subiect to the followrna orovisions:
Thu Altotney-itiact inaf be q-'ven fult po\aer and author rty for and , n the name ol and on bPhalf of lhe Company. lo execule. acknowledge and
deltver. any an'd all bonds. iecogirzances. contracts, agreem6nts of indemn,ty and other condrtronal or obligalort undertakings and any and all
nolrces ant documeqis canceli;g or termtnatrnq the-Companys laDrlity thereunoer. and any sJch instiuments so execirled by any such
Attornev.rn-Fact shalr be as btndrn_a uoon the Com"Danv as if sronigd by the ?res,dent and Sealed and attested by lhe Corporate Secretary."'Be it I u4hu Resolvad. trrat tl'd siqnature of any {ucn desrtnated per son and the seal of lhe Company heretofore or hereafter afftxed to any
oowei of altornev or anv celilicate relatrno thereto'bv facsimitE. and dny power of attorney or cenilicite 6earrnq lacsimrle s,g'ralures or facsrm'l'e
seat shatt be valid andbtndrnq upon the C-ompany witn respect to any 6ond or undenakrng lo whrch rl rs altached (fach adopted at a meeting
held on February 8, 2000)
ln WtLness Whereof. WESTFIELD INSIJRANCE COi\.4PANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
CO[.4PANY have caused these presents to be signed by their National Sur6ty Leadsr and Senior Executive and their corporate seals to be hereto
afflxed this 20th of.ltltY
Corporare
A.O . 2022 .
.1:i"'ii';iii?."
.;'i sBar- l'ni"A.. ,.'3i', 1.-...,..'.'"' j,r,,,,,,f,,,,,.a4
Seal5
WESTFIELD INSU RANCE COMPANY
wESTFIELD NATIONAL INSURANCE COtvlPANY
OHIO FARMERS INSURANCE COMPANY
On this 2oth day of JULY A.D.,2022 , before me personaliy came Gary W. Stumper lo me known, who, being by me duly sworn,
did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive ol WESTFIELD INSURANCE
coMpANy, wESTFiELD NAIoNAL tNSURANcE coMPANY and oHto FARMERS fNSURANcE CotvlPANY. rhe companies described in and which
executed the above instr!mentt that he knows the seals of said Companiesi that the seals affrxed to Sard rfslrument are such corporate sealsr that
they were so affixed by order of the Boards of Directors of said Companiesi and that he signed his name thereto by like order.
Nolarial
S€al fulm(frft/b
State of Ohio
County of Medina SS
State of Oh o
Counly of Medina ss
.,11;.:i'riui7g.'
ig"i sBer. ihl-'..*.. ,.'ss,; 1,..........r j
'r,.,,,.L ,,.,.u'
BY'Gary W tumper. Nali
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
E or
I, FTaNK A CaTTino, Secre|arY of WESTFIELD INSURANCE COMPANY, WESTFIELO NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY do herebi ce(ify lhat the above ano foreqornq rs a true and correct copy of a Power of Anorney, execuled by sard
Companres. which is strlt rn lull torae ano effect: and funhermore. lhe resolutions of the Boards of Directors. set oul ,n lhe Power of Attorney are
n full force and effect
ln Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 4th day of
October A.D, 2022
{"*A / 4,,.L,".*n
Frank A. Carrino. Secrelary
a4aI
u
sE[.L
BPOAC2 (combined) (03-22)
Senior
ano