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FPG Sun Menifee 80 LLC Material and Labor Bond TR36803 225122JMATERIAL ANO LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) FOR: Streets and Drainage $_ Water System $ 31,000.00 Sewer System $250.00 Total $31 250.00 Surety Westfield National lnsurance Companv Address P.O. Box 500'l TracUParcel Map TR36803 (Corson Ave Other Proj . Ref. lP21-013U Bond No. 225122J Premium $500.00 Principa I FPG Sun Menifee 80 LLC City/State Westfleld Center OH City/State Mission Vieio, CA Zi 44251-5001 Zip 92691 Phone 330-887-0101 Phone 949-748-67'14 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 Thirty One Thousand, Two Hundred and Fifty Dollars, ($31,250.00) 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 attorney5 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 /212022 Address 27271 Las Ramblas, Suite '100 WHEREAS, the City Council of the City of Menifee, State of California, and ffG-.fu 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 aqreement (s), dated October 25th,2022, is/are hereby referred to and made a part hereof; and, 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 1 l'lare: \x. rr Title: S*t , b.,s.\.f **---t- (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Westfield Natio il urance Com n AUTHORIZED SIGNATURE Stefan K. En elha rdt Attorne y-rn-Fact Atto rn ey- in - F a ct Title (rF coRPoRATrON, AFFrX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL ANi] ATTORNEY-IN.FACT, 7 t2t t2022 NOTARY ACKNOWLEDGMENT STATE OF Oregon COUNTY OF Multnomah On November 7th,2022 before me,Emilt Nagel,, a Notary Public, personally appea lgd Stefan K. Engelhardt 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. Signatu My Commission Exp ireS: 5/30/2023 ,r'ffi OFFICIAL STAMP EIILY XAOEL NOTARY PU BL I C.ORE GONcoMMtSStoN No.9077rO s MAY 30. A)23MY COMMISSION EXPIRE PRINCIPAL NOTARY ACKNOWLEDGMENT STATE OF: On $ss--L >G>.-- before me {--.--\ S.:xr^. *-.*s, a Notary Public, personally appeared \Si\\-- *(c -*\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. Signatu CAROLA.I{O AS NOTARY PUBI.IC, STAIE OF UI COUNTY OF OX(A}IO ','? CoMM|SSIoN EXPTRES Msy4,aPs,iclNo lN couNTY 0F o,-A._\ COUNTY OF: o..-:r-r.. - \ A. .1oTAe; F(-lButc General Power of Attorney CERTIFIED COPY PO\ ER NO. 3616922 01 lftbstfield lnsurance Go. llUesfifield Mtional lnsuranoe Go. Ohio Farrners lnsurance Co. V\bstfield Center, Ohio KNOI,I AIl MCN bY ThEsE PTCENIS, ThAI V!€STFIELD INSURANCE COMPANY. \ ESTFIELD NATIONAL INSURANCE COMPANY ANd OHIO FARi.iIERS INSURANCE COI\4PANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of lhe State of Ohio, and having ils principal oflice in \,esfiield Cenler, Medina County. Ohio. do by these presents make, constitule and appoint KARL CHOLTUS, BRAD MAPES, SARAH HARREN, E'IIILY NAGE-, E-IZABETH HARII/ION, SHANNA COL KE-LY NIEIIIIE-A, NICK DEAN, STEFAN K ENGELHARDT, JOINTLY OR SE\r'ENALLY of PORTLANO and Stale of OR ils true and laMul Attorney(s)-in-Fact, wilh full power and authority hereby conferred in its name. place and slead, 10 execute, acknowledge and deliver arry and all bonds, aecognlzancos, undertakingq or ottpr i,lslrunErlts or contracts c,f surotyshlp ln any peml limlt. - - - UMITAI9N: THIS POWER OF ATTORNEY CANNOT BE USED TO DGCUTE NOTE GUARANTEE, MORTGAGE DEFICIEI{CY, MORTGAGE GUARANTE OR BANK DTOSITORY BONOS" and lo bind any of lhe Companies lhereby as fully and lo the same extenl as if such bonds were signed by the President, sealed with the corporate seal of lhe applicabie Company and duly attested by its Secretary, hereby ralrying and confirming all thal the said Attorney(s)-in-Fact may do inlhe premises Said appoinlment is made under and by authority ot lhe following resolulion adopted by lhe Board of Directors of each of the\ /ESTFIELD INSURANCE COMPANY. \ ESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COITPANY'8e I Reso/ved. that the President, any Senior Executive, any Secrelary o. any Fidelity & Surety Operations Execulive or other Aecutive shall be and is hereby vested with full power and authorily to appoint any one or more suitable persons as Attorney(s)-in-Facl to represent and acl for and on behalf of the Company subjecl to lhe Iollowing prousions The Atlotney-in-Facl. may be grven full power and aulhor ily for and in lhe name of and on behalf of lhe Company, to execute, acknowledge anddeliver, any and all bonds, recognizances, conkacts, agreements of indemnity and other conditional or obligatory undertakings and any and allnotices and documents canceling or terminating the Company's liabi,ity thereunder, and any such instrumenls so executed by any such Allorney-an-Facl shall be as binding upon the Company as if signed by lhe President and sealed and attested by the Corporale Secrelary.""Be il Furlher Resalved, lhal lhe signature of any such designated person and lhe seal of the Company heretofore or hereatter afllxed lo anypower o[ allorney or any cerlificale relaling thereto by facsimile, and any power of atlorney or cerlificate bearing facsimile signatures or facsamileseal shall be valid and binding upon the Company with respecl to any bond or undertaking to wtrjch it is attached." (Each adopted at a meeling held on February 8, 2000). IN VIINESI. V1lheTeof, \AESTFIELD INSURANCE COMPANY, \A,ESTFIETD NATIONAL INSURANCE COMPANY and OHIO FARI\4ERS INSURANCE COMPANY have caused lhese presenls to be signed by their National Suroty Lead6, and Sonlor E(ecutivo and lheir corporate seals to be hereto afiixed this 2oth day of JULY A.D..2022 . \AESTFIELD INSURANCE COMPANY \AESTFIELD NATIONAL INSURANCE COM PANY OHIO FARMERS INSURANCE COM PANY Seals Stale of Ohio County of Med na .*i'iiffitg:,..';".J "i'. igi seal ih!"-.*. .'3iz r........,... j ..;$w?,f;, i*Tsr*lh!"2*.. ,.'3iz ''..........t j,",,.,,,i,,,,..s" p On this 20lh day of JULY A.D..2022 , before me personally came Gary W. Stumper to 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 of u/ESTF|ELD TNSURANCE COMPANY, VIESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS iNSURANCE COIVPANY lhe companies described in and which execuled lhe above inskumenl; lhat he knows the seals of said Companies; that lhe seals alfixed to said instrumenl are such corporate seals;that they were so affixed by order of lhe Boards of Directors of said Companies; and thal he signed his name thereto by like order. Sea tulzn/6ftA Stale of Ohio County of Medina By /" ( Gary w ef, Nattona etv Leader and &ecutiveSerlor David A. Kotnik, Attorney at Law, Notary Public My Commission Does Nol Expire (Sec. 147.03 Ohio Revised Code)SS {"*A / h^sla4 SEtr,TF \AL € or BPOAC2 (combined) (03-22) Frank A. Carrino, Secretary ss I, FTANK A. CATTiNO, SecTetaTy of IAESTFIELD INSURANCE COMPANY. \AESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS.NSURANCE COMPANY. do hereby cerlify that lhe above and loregorng 's a lrue and correcl copy of a Power ot Attorney execuled by sard Compantes. whrch is still rn lull for& and 6ffect and furlhermore. lhe-res6lutions of lhe Boards of Diiectors sel out tn lhe Po'wer of Allo.nary arein full force and effecl. -.ln Vlltness Ulhercof, I have hereunto set my hand and affixed the seals of said Companies at \,bsmeld Cenler. Ohio, tNs 7th day ofNovember A.D , 2O2Z 5c."rvtr4r