FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225122KMATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
TracUParcel Map TR36803 (Evans Road)FOR: Streets and Drainage $_
Water System $ 84,250.00
Sewer System $250.00$84Total
Surety Westfield National lnsurance Companv
Address P.O. Box 5001
Other Proj. Ref tP21-013U
Bond No. 225122K
500.00 Premium $352.00
Principal FPG Sun Menifee 80 LLC
Address 27271 Las Ramblas Suite 100
1
City/State Westfield Center OH City/State Mission Vieio, CA
zip 44251-5001 Zip 92691
Phone 330-887-0101 Phone 949-748-6714
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 / lP21-013U, which agreement(s), dated
October 25th 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 Eighty-Four Thousand, Five Hundred Dollars, ($84,500.00) 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 attorneyb 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 Title 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.
7 t2t t2022
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 November 7th , 2022 .
NAME OF PRINCIPAL: FPG Sun Menifee 80 LLC
AUTHORIZED SIGNATURE(S)
By
NAME OF SURETY: W ld Na I lnsurance Com n
AUTHORIZED SIGNATURE:Stefan K. Engel[ald!, Attorney.-i11-Factttorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
Title: 3.tt , t>-,:-\-(:*.r..-\
(IF CORPORATION, AFFIX SEAL)
712V2022
NOTARY ACKNOWLEDGMENT
On November 7lh, 2022 before me Emil) Nagel,, a Notary
Public, personally appeafed Stefan K. Engelha rdt
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me all that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Sig nature
My Commission Expipss 5/30/2023
@
OFf ICIAT STAMP
EIILY ]IAOEL
NOTARY PU BLIC.O REGOI,I
coMMtsstoN No.987770
MY COMMTSSTON €XPrf,ES MAY tO, 2023
STATE OF Oregon
COUNTY OF Multnomah
STATE OF:
PRI NCI PAL NOTARY ACKNOWLEDGMENT
Fr: -\-: ^ -,,..-T
COUNTY OF: ,e -Yr-*-\
On N st.*--\s-<- -1 *!r>l- before me,.,/ -.*.-r R. -\\.r-...*q a Notary
Public, personally appeared \FSi\\t ^ e-.+t*I personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me all that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and
Signature ! r.1-
f.,IETARY PUBI.IC' STATE OF MI
CAROL A. THOMAS
COIJNTY OI OAI(LANO
uY cotMlssotl EXPIRES MaY 4, 2025
ACTING IT,I COUNTY oF Q 6-\qE-;
a(rB utc
General
Power
of Attorney
CERTIFIED COPY
PO\ ER NO. 3616922 01
\ftIestfi eld lnsurane Co.
lftlestfield Mtional lnsurance Co.
Ohio Farmers hsurance Co.\ bstfield Center, Ohio
Know At Men by The!€ Preents, That y\ESTF|ELD TNSURANCE COMPANY, \ ESTFIELD NATIONAL INSURANCE COIVPANY and OHIO
FARMERS INSURANCE COMPANY corporations, hereinafler referred to indrvidually as a "Company" and collectively as "Companies," duly
organized and exisling under the laws of the Slate of Ohio, and having its principal ofllce in Vvestileld Center, Medina County, Ohio. do by lhese
presents make, constitute and appoinl
KARL CHOLTUS, BRAD MAPES, SARAH HARREN, EIrilLY NAGEL, AJZABETH HARI ON, SHANNA COX, KELLY NIEI'IE-A, NICK
OEAN, STEFAN K. ENGELHARDT, JOINTLY OR SEVERALLY
of PORTLANO and State of OR its lrue and laMul Attorney(s)-in-Facl. with full power and aulhority hereby confer.ed in its name,
place and slead. to execute. acknowledge and deliver arry and all bo{rds, rocognizances, undertakhgB or dher iftStrunents oa conlracts of
surotyship in arry p6ml limlt. - - -
LlillTATlON: THIS POWER OF ATTORNEY CANNOT BE USED TO E(ECUTE NOTE GUARANTEE, iTORTGAGE DERCIE}ICY, MORTGAGE
GUARANTE OR BANK DEPOSITORY BONDS,
and to bind any of lhe Companies thereby as fully and to lhe same extenl as if such bonds were signed by the President, sealed with the corporale
seal of the applicable Company and duly altested by ils Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by aulhorily of the following resolution adopted by the Board of Direclors of each of lhe
\^ESTFIELD INSURANCE COMPANY, \AESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:.Be lt Reelved. that the President, any S€nior Execulive, any Secretary or any Fidelity & Surety Operations Aecutive or olher Executive shall
be and is hereby vested with full power and authority to appoinl any one or more suitable persons as Altorney(s)-in-Facl to represenl and act for
and on behall of lhe Company subjecl lo lhe following provrsrons:
The Attorney-in-Fact may be given full power and aulhonly lor and rn lhe name of and on behalf ot the Company, to execute, acknowiedge and
deliver, any and all bonds, recognizances, conkacts, agreements of indemnity and other conditional or obligatory underlakings and any and allnolices and documents canceling or terminaling the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Facl shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Futhet Resolved, that lhe signature of any such designated person and lhe seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of altorney or certificale bea.ing facsimile sagnatures or facsimile
seal shall be valid and binding upon the Company with respect lo any bond or undertaking to which il is attached." (Each adopted at a meeting
held on February 8,2000).
ln Wtness Vyhereof. \ ESTFIELD INSURANCE COI,4PANY. \ ESTFIELD NATIONAL INSURANCE COMPANY and OHIO FAR[4 E-RS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Load6r and Senld Executivo and their corporate seals to be hereto
atfixed this 20th day of JULY 4.D.,2022 .
Serls .g;:.i'.i.riuft"
:Ei SEAL iN:'+.. ..'si-t .............' .s
'r,,...,L,.,.'.t'
\AESTFI ELD INSURANCE COM PANY
\AESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
1
On this 20th day ofJULY A-D-,2022, before me personally 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 Natioml Surety Leader and Senior Executive of \ ESTF|ELD |NSURANCE
COMPANY, IIESTFlELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. the companies described in and which
executed the above inskument; lhat he knows the seals of said Companies; lhat the seals affixed to said instrumenl are such corporate sealsi thalthey were so affixed by order of th€ Boards of Di.ectors of said Companies; and lhat he signed his name therelo by like order
Seal tulzl/6frA
f"*&/ fu
Stale of Ohio
County of Medina ss
State of Ohio
County of l4edina SS
David A. Kotnik, Attorney at Law, Notary Public
My Commissaon Does Not Expire (Sec. 147.03 Ohio Revised Code)
i, Frank A, Carrino, Secretary of V\ESTFIELD INSURANCE COIVIPANY, \ ESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERSINSURANCE COI\4PANY. do hereby cerlrty thal lhe above and foregoing is a lrue and correcl copy of a Power ol Attorney. exc:uied by sardCompanies. which is slill in full for& and dflect; and furthermore. the-res6lulions of lhe Boards of Diieclors. sel out in the Po',^,er o' Atorn6y ar.'
in full force and effect.
ln t/6tnes, Weteof, I have hereunlo set my hand and affixed the seals of said Companies at Vl,estfield Cenler, Oh:o. this 7th dav oiNovember Ao. 2022
By
Gary w.per, Naf/and
,
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i:9.' '.2.-
:Hi SEAL iP:*.. ,ai,.,. ............. j
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BPOAC2 (combined) (03-22)
Frank A, Carrino, Secretary
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Serlor