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KA Menifee, LLC Material and Labor Bond 333040002 4467238FOR $ 733,250.00 MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.2) $ 733,250.00 $0.00 333-040-002,003,004 tP21-057 4467238 $ lncluded in Performance bond $0.00 $0.00 Markel lnsurance Company KA Menifee, LLCPrincipal Address City/State Zip Phone 4521 Highwoods Pkwy 27875 Encanto Drive Glen Allen, VA Menifee, CA 23060 (800) 431-1270 ext 3858 (858)404-6085 WHEREAS, the City Councit of the City of Menifee, State of California, and 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 t I t o I X 9 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 ven H nd d Thi -Three Thousand Two Hundred Fi an t'l Dollars 733 250.00 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 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. 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. iaf Nrt t q Surety Address City/ State Zip code Phone StreeVDrainage Dom Wtr Rec Wtr Sewer Total Parcel Other Project No. Bond No. Premium 92586 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. 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 oI 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 January 4, 2024 NAME OF PRINCIPAL: KA Menifee. LLC AUTHORIZED SIGNATURE(S) By. Name: Title:flart F.aJat^ F.ss,' a* (IF CORPORATION, AFFIX SEAL) NAME OF SURETY. MarkeI lnsurance Companv AUTHORIZED SIGNATURE ts Attorney-in-Fact Richard Hallett, Title Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. .o\t$[fk +,;;iffi CALIFORNIA ALL.PURPOSE ACKI{OWLEDGMENT CIVIL CODE S 1'189 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 validity of that document. State of California )County of On 3q-L th-...,O before me, ere lnsen Nome Title of the (- te personally appeared As.'l Nome(s) of Signe4s) who 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her^heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certiry 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. ,,ly Conm. E.xpirer r.y 12. 2026 Signature Plqce Notary Seol snd/ot Stamp Above si9 tory Public OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date:NumberofPages: Signe(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name D Corporate Officer - Title(s)0 Corporate Officer - Title(s) TYRIAr{ [ILLEIot ry Pubtic. C.lifo.ni. San Dlelo County Commisrion a 2.00t89 D Partner - tr Limited trl General D lndividual tr Attorney in Fact tr Trustee tr Guardian of Conservator D Other: tr Partner - D Limited o General tr lndividual o Attorney in Fact E Trustee tr Guardian of Conservalor E Other: Signer is Representing 02017 National Notary Association Signer is Representing: ACKNOWLEDGMENT 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 validity of that document. State of California County of San Diego ) JAN 0 1 202r',Rebekah Eads, Notary PublicOnbefore me, (insert name and title of the officer) personally appeared Richard Hallett who 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 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. i REBEIGH E^DS Not ry Pobrlc. Gtjfornla Sin Dl.io Counf, comml$ion , 1,1664c1 I lV Comm. EJplr., lov 9. 1027 Signature (Seal) WITNESS my hand and official seal. At tzrr,..-... JOINT LIMITED POWER OF ATTORNEY Frederick M. Liebel, Elisabeth Georgeson, Lauran M. Graham, Brianna Steverson, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads Their Vue and lawful aSent(s) and attorneyls)-in,fact, each rn thear seperate capacity if more than one is named above, to make, execute, seal and d€liver for and on their own behalf, indivrdually as a surety or jointly, as co-rureties, and as their act and deed any end all bonds and other undertakin8 in suretYship provided, however, that the penalsum ofany one such instrument executed hereunder shallnot erceed the sum of: Thirty Million and 00/100 Dollars ($30,000,000.00) This power of Attorney is 8ranted and is sitned and sealed under and by th€ authority ofthe followint Resolutions adopted by th€ Board of Direclors ofSureTec lnsurance Company and Markel lnsurance Companyi "RESOLvEO, That the President, anySen|o. Vice Pre5ident, Vrce Presadent, Arsrstant vice Presdent, Secretary, Agsistant Secretery, Treasurer or Assistant Treasurer and ea.h ol them hereby is authorized to exe.ute power! ot artorney, and tuch authority can be executed by use offacsimil€ siSnature, whrch may b€ attested or a€knowledBed by any officer or attorney, of the company, qualifyinB the attorn€y or attorneys named in thQ Eiven power ofattorney, to exeaut€ rn behalf of, and acknowledSe as the act and deed ofthe SureTec losurance Company and Mark€l lnsurance Company, as the cas€ may be, allbond undertakin8S and contracts of ruretyship, and to affix the corporale sealthereto." tN WTTNESS WHEREOF, Markel lnsurance Company and SureTec lnsurance Company have caured their officlal sealto be hereunto 3ffi(ed and thes€ presentl to be siSned by their duly authorized officers on the 27lh day of J.nua.y 2023 . SureTec lnsurance Company M -.$ir!fi,t:A? #.j,,:,,,HS Onthrs 27rh dayof January , 2023 A. D., before me, a NotaryPublic of the state of Texas, in and lorthe CountyofHarris, duly commissioned and qualified, came THt ABOVE OFFICtRS Of THE COMPANItS, to me personally known to be the individualr and officers described in, who executed the precedinS anstrument, and they acknowledted the execution ofsame, and beinS by me duly sworn, disposed and gaid that they are the officers ofthe said companies aforesaid, and th.t the seals atfix€d to the proceedinB instrument are the Corporate Seak of said Companie5, and the said Corporale Seals afld their siSnaturet as officert were duly affixed and rubscribed to the sa d instrument by the authority and direction ofthe said companies, and that Resolutions adopted by the goard of Directors of said Companies referred to in the pre.edinS inrtrument is now in forc€. lN TtSTIMONY WHEREOF, I hav€ hereunto set my hand, and affixed my Offici.l Seal at the Co!nty of Harrir, ihe day and year fnst above w.itten. "^ *'*ry State of Texas County of H.rris WcBy: ie E. Mcclary, Nolary Public y commassion erpiret 3/29l2026 we, the undersigfled officerr ofSureTer lnsurance company and Markel lnsurence company do herby certify that the oriSinal POwER OF aTTORNEY ofwhich the foregornB is a full, true and correct copy is still in full force and effed and har not been revoked. lN WITNESS WHEREoF, we have hereunto ret our hands, and affixed th€ Seals of said Companies, on the 4th day of------------!e!!9ry-- 2024 Company Markel lnsurance Company By M, BI Beaty,r5ta Secretary I :J. JULIE E. MCCLABY Notary Public State o, Texas Comniseon # 129{7660'5 Conmission t-xo{es March E,2026 Any nttrurn.ntltsuedi.erc.srofthep€nahy!!at.dabovcrslotallyvoid.ndwfholtanyv.lidity.510664 Fo. v€nicanon olthe autho.rlv ofth r Pow.. you mav call(713)812-0800 on a.y businlsr day between 8:30 AM and 5:00 PM CST Ma pOA# 51066a XNOW Att MtN By THTSE pRESENTS:That SureTec tnsurance Company, a Corporation duly orSani.ed and €xisting under the laws of the State of Texas and having its piincrpal otfice in the County of Harr15, T€xas and Markei lnsurance Company (the "Compeny"), a corporalion duly o.Sanired and exrsling und€r the laws of the state ol lllinoi!, and havinS irs principal admlnistrative office in Glen Allen, virginia, does by these presents make, constitute and appornt: t,