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KA Menifee, LLC Faithful Performance Bond 333040002-003-004 4467238M FAITHFUL PERFORMANCE BOND CITY OF IVENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1 ) FOR: StreeVDrainage Dom Wtr Rec Wtr Sewer Total $ $ 4521 Highwoods Pkwy Glen Allen, VA 23060 333-040-002 003 004 tP21-057 4467238 $ 24,998.00 for a term of two years. Bond will renew annually thereafter at half the premium until released by the obligee. Surety Address City/ State Zip code Phone Principal Address City/State Zip Phone 27875 Encanto Drive Menifee, CA 92586 (800) 431-1270 ext 3858 (858)404-608s NOW, THEREFORE, we the principa I and Markel lnsurance Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Four Hundred ix -Six Thousand Five Hundred and 0/100 Dollars 466 500.00 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, admrnistrators, 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; otherwise, it shall remain in full force and effect. As a part 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 1 $ 1,466,500.00 $ 0.00 0.00 0.00 Parcel Other Project No. Bond No- Premium $ 1,466,500.00 Markel lnsurance Company KA Menifee, LLC WHEREAS, the City Council of the City of Menifee, State of California, KA Menifee. 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 333-040-002.003.004, which agreement(s), dated O\ / lo/ X9 , is/are hereby referred to and made a part hereof; and, -.ff' WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s). 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. 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 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 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 constructton 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 10% 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 January 4 2024 NAME OF PRINCIPAL: KA Menifee, LLC AUTHORIZED SIGNATURE(S) B Name Title: A)-<-4r\3t at1 aJ<-{. (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Markel lnsurance Company AUTHORIZED SIGNATURE M ArrAcHNorARrALAc**o*.froonJ"=J"],slitTorr*ESoFPRTNcTPALAND r\Biidlk :g: SEAI ii.: z?;;:-.l,Ts Its Attorney-in-Fact Title Richard Hallett, Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) CALIFORNIA ALL.PURPOSE ACKNOWLEDG]VIENT CIVIL CODE S 1189 A notary public or other officer completing this certificate verifies only the identity o, the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County or 3an Q,i e-oa ) State of California onfanqar, to U )oAq before me,9.r q^.,4rrn xi[o- , L[.,t-^r.^ q,rL=')Dot"ffi personally appeared k*-alh l\=si Name(s) of Signe4s) who proved to me on the basis of satisfaclory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me 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. I certify under PENALTY OF PERJURY under the laws of the State of Californla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ry Public ,l/.Signature Ploce Notqry Seol ond/or Stomp Above Signo OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reoftochment of this form to on unintended document. Descrlption of Attached Document Title or Type of Document: Document Date:Number of Pages: Signe(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name tr Corporate Offlcer - Title(s) D Partner - tr Limited tr General El lndividual tr Attorney in Fact tr Trustee tr Guardian ol Conservator trl Other: tr Partner - tr Limited Et General trl lndividual tr Attorney in Fact trl Trustee tr Guardian of Conservalor E Other: Signer is Representing O2017 National Notary Association @;r,;[t,'y,;;,, trl Corporate Officer - Title(s): Signer is Representing: ACKNOWLEDGMENT State of C County of alifornia San Diego JAN 0 1 2021 before me,Rebekah Eads, Notary Public (insert name and title of the officer) personally appeared Richard Hallett who proved to me on the basls of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.,@ ll8EloH EAosloUryPubd..G forit.in Dtafo Counry Cofiml$ton, 2.6640! Co.nfi, apir!. ,,lov r, 2027 ; Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document ) On -I2t""- JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Sur€Tec lnsurance Company, a Corporation duly orSanired and exininS uflder the laws of the State of Texat and having its princrpaloffice in the County ofHarris, Texasand Markellnsurance Company(the "Company''), a corporation dulyorgeniz€d and exrstinS underthe lawsofthe state of tllinois, and havint its principal administrative office in Glen Allen, Vir8inia, does by these presents meke, coistitute and appoinli Frederick M. Liebel, Elisabeth Georgeson, Lauran M. Graham, Brianna Steverson, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads Their true and lawful aSent{s) and attorney(s)-inJact, each in their separate capacily if more th.n one is n.m€d above, to make, execute, sealand delaver for and on thef own behalf, rndividually ar a surety orjointly, .r co-5ureties, and as their act and deed any and all bonds end other unde(akin8 in turetyship provided, however, that the p€nalsum ofany one such instrumenl executed hereunder shall not exceed the sum of: Thirty Million and 00/100 Dollars ($30,000,000.00) This Power ofAuorney is 8ranted and is siSned and sealed under and by the authority of the followinS Rerolutions adopted by lhe Board of Oirecto.s of SureTet lnsurance company and Markel lnsurance company: "RES0LVEO, That the President, anySenaor Vice President, Vic€ Presideht, Assistant Vice Pre5ident, Secretary, Assistant Secretary, Treasurer orAssrstant Trea!urer and each ofthem her€by is authorized to execute powers of attorney, and such authority (an be €xecuted by ute offacsimile si8nature, which may be attested or acknowledSed by any officer or attorney, of the company, qualifying the attorney or attorneys named in the Siven power of attorney, to execute rn behalf of, and acknowledte as th€ act and deed oflhesureTec lniurance companyand Markellnsurance Company, asthecase maybe, allbond undenakinSs and contractsof suretyship, and to affix the corporate saalthereto," SureTec lnsurance Company Ma n,lrld<SEAL 8y Michael C. Xeimig, Presiden, Onthis 27ur dayof Jan,ary , 2023 A.O.,beforeme,aNotaryPublicoftheStateofTexas,inandfortheCountyofHarris,dulycommis,ionedandqualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and otflcers described in, who executed the preceding instrument, and they a ckn owled8ed the executiofl of same, and beint by meduly rworn, disposed and said thatthey are the of{icers of the said companies aforesaid, and that the seals affb(ed to the proceedinB instrument are the Corporate Seah of !aid Companies, and the $id Corporate Seals and their siSnatures as officers were dLrly affi)(ed and 5ubscribed to the said instrumentbyth€ authority anddirection of the said companies, and that Resolutions adopted bythe Board ofDirectors ofsaid Companies rpfprred to in the preceding instrument is now in force By E. McClary, Notary PLrblic y commission expires 3/29/2026 We, the und€rsiSned Officers of S! reTec lnsurance Company.nd Markellnsurance Company do h€rby certify th.t the oriSinalPOWER OF ATTORNEY of which lhe foresornB is a Iull, true and correct copy i5 still in full force and effect and has not been revoked. lN WITNESS WHEREOF, we have hereunto set our hands, and affixed the S€als of said Companies, on the _jltlday of------------.llA!!4ry_ - 2024 Company Markel lnsurance Company lN TtSTIMONY WHEREOF, I have hereunto set my hand, and affixed my Offi€ial Seal at the County of Harris, the day and year first above written 8y M8 I Beaty, A W"Lc .j; !... JULTE E. MCCLAHY'U .' Notary Puotrc State of Teras _4.9..' Comnission # 1291766&5. " - Corirnrssion E&,res March 29, 2026 Any lnslrument ltsued in.x..ss ofti. p.n.hy ltated sbov. rr tot.lly voad.nd w.thout .ny validrty. Sl06O4 For v.ilficanon orth€.utho.ty of thl' Pow.r you may c.ll (713)812{800 on a6y businesr day betw..n 8r30 AM .nd 5:OO PM CST pOA[ 5106&4 lN WITNESS WHtREOF, Mark€l lnsurance Company and Surefec lnrurance Company have caLrsed their official sealto be hereunto affixed and these pr€sents to be riSned by their duly authoriu ed officers on the 27$ day of Jan"an , 2023