CITY OF
-MENIFEE
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage 892,500.00 Parcel Map 37130
Flood Control $ 0.00 Other Proj. Ref.IP18-030
Water System $ 66,500.00 Bond No. HACS-10-A-0009
Rec. Water 0.00 Premium $ 14,558.00
Sewer System $ 11,500.00
Total $ 970,500.00
Surety Hudson Insurance Company Principal_McCall Plaza, LP a California Limited Partnership Address 100 William Street, 5th Floor Address PO Box 1958 City/State New York, NY City/State Corona, CA
Zip code 10038 Zip. 92878-1958
Phone (212)978-2800 Phone (951) 280-3833
WHEREAS, the City of Menifee, State of California, and_McCall Plaza, LP _ (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to PM 37130, IP18-030, which agreements) is/are hereby referred to and made a part hereof; and, *a California Limited Partnership
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
Hudson Insurance Company , as surety,
NOW, THEREFORE, we the principal and
are held and firmly bound unto the City of Menifee in the penal sum of Nine Hundred Seventy Thousand Five Hundred and no/100, Dollars, $970,500.00 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, administrators, 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 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 reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OF
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under or 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 and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety When the work covered by the agreement 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 agreements(s).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 14
NAME OF PRINCIPAL: McCall Plaza, LP a California Limited Partnership AUTHORIZED SIGNATURE(S):
By: RKJK A Nevada Co., LLC
Mera lied liabily company.
By Hagop Kordarali, Manager
(IF CORPORATION, AFFIX SEAL)
AUTHORIZED SIGNATURE: Vanessa Copeland, Attorney-in-Fact Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY- IN-FACT.
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 Riverside
February 19, 2020 Yuriko Elizabeth Rodriguez Godoy, notary public On. before me, -
(insert name and title of the officer)
personally appeared Hagop Kofdarali
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.
WITNESS my hand and official seal. YURIKO ELIZABETH RODRIGUEZ GODOY { Notary Public - California
Riverside County
Commission # 2204456
My Comm. Expires Jul 10, 2021
com Jou Call Co
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
I notary public or other officer completing this certificate verifies only the identity of the individual who signed th locument to which this certificate is attached and not the truthfulness, accuracy, or validity of that documen State of California )
County of Orange _ )
on 2/14/20 before me, Natassia Kirk-Smith _ Notary Public, personally appeared Vanessa Copeland
Name(s) of Signer(s)
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
NATASSIA KIRK-SMITH
Notary Public - California paragraph is true and correct.
Orange County
Commission # 2253818
My Comm. Expires Aug 12, 2022 WITNESS my hand and official Signature: Met Du(
Signature of Notary Pub
Place Notary Seal Above
_ OPTIONAL.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): Corporate Officer - Title(s):
• Partner: •Limited • General Partner: •Limited • General X Attorney in Fact Attorney in Fact
• Trustee Trustee
• Guardian or Conservator Guardian or Conservator
• Other: • Other:
Signer Is Representing: Signer Is Representing:
Rev. 1-15
HUDSON HACS-10-A6-0009
INSURANCE GROUT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Eric Lowey, Vanessa Copeland, Shawn Blume, Jennifer Anaya, Kevin Cathcart of the state of California
its true and lawful Attorney(s)-in-Fact, at New York, New York, cach of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00).
Such bonds and undertakings when duly executed by said Attorey(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. .IDWitness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly , 20 19 at New York, New York.
SEAL
Corpotatosed HUDSON INSURANCE COMPANY
- DOLAN
Wah!
Attest.. By......
Dina Daskalakis Michael P. Cifone
Corporate Secretary Senior Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS.
On the 8th day of November before me personally came Michael P. Cifone to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the corporation described herein and which executed the above instrument, that he knows the seal of said Corporation, that the scal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name fleetary theorier.
CONCRON COUNTY CAMERON GOURLAY
(Notarial Seal)
NOTARL No. 01G06372305
Qualified in New York County
Commission Expires June 4, 2022
PUBLIC
CERTIFICATION
STATE OF NEW YORK
COUNTY OF NEW YORK
The undersigned Dina Daskalakis hereby certifies:
That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27", 2007, and has not since been revoked, amended or modified:
"RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys-in-fact, to execute and deliver, under this Company's scal or otherwisc, bonds obligations, and 7222220237 recognizances, whether made by this Company as surcty thercon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surcty business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made: and
FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's scal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original scal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed."
THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorncy is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorncy is now in force.
davor relamam _. 2020
Witness the hand of the undersigned and the scal of said Corporation this Doraic Seat)
By.
Dina Daskalakis, Corporate Secretary
CITY OF
(MENIFEE!
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 446,250.00 McCall Plaza PM37130 Flood Control $. 0.00 Bond No. HAS 10A0-006
Water System $. 33,250.00
Rec. Water 0.00 Premium $ 7,279.00
Sewer System 5,750.00
Total $ 485,250.00
Surety Hudson Insurance Company Principal McCall Plaza, LP a California Limited Partnership -
Address 100 William Street, 5th Floor Address_ PO Box 1958 City/State_New York, NY City/State_ _Corona, CA
Zip 10038 Zip 92878
Phone (212)978-2800 Phone (951) 280-3833
WHEREAS, the City of Menifee, State of California, and VicCall Plaza, LP a California Limited Partnership, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to IP18-030, which agreements) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, 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 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of Four Hundred Eighty Five Thousand Iwo Hundred Fifty and no/100, Dollars, $485,250.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance 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 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 entitles to full claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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.
MATERIAL AND LABOR BOND
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surely above named, on _ _ 2020
McCall Plaza, LP a California Limited Partnership
NAME OF PRINCIPAL:
AUTHORIZED SIGNATURE(S):
By: RKJK A Nevada Co., LLC
Nevada limited liability compan
eneral Partne
Hagop Kofdarali, Manager
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Hudson Insurance Company
0.0 0.0
AUTHORIZED SIGNATURE: Vanessa Copeland, Attorney-in-Fact Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY- IN-FACT.
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 Riverside
March 17, 2020 Yuriko Elizabeth Rodriguez Godoy, notary public On_ before me, _
(insert name and title of the officer)
personally appeared Hagop Kofdarali
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- ubscribed to the within instrument and acknowledged to me that he/she/they executed the same il IS/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.
YURIKO ELIZABETH RODRIGUEZ GODO!
Notary Public - California
Riverside County
Commission# 2204456
My Comm. Expires Jul 10, 2021
MAMA CALIFORNIA
Y RKJK A NEVADA CO. LLC (GENERAL PARTNE
GNATURE BY: HAGOP KOFDARALI (MANAGE
HACS-10-A6-0015
POWER OF ATTORNEY
KNOW ALI MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, coes make, constitute and appoint
Eric Lowey, Vanessa Copeland, Shawn Blumc, Jennifer Anaya, Kevin Catheart of the state of California
Such bonds and undertakings when duly executed by said Attoncy(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of snid Company under its corporate seal attested by its Secrelary In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly ah._ day of 2019 at New York, New York.
SEAL
Carportsel HUDSON INSURANCE COMPANY
• /W !
Attest... By...
Dina Daskelnhis Michael P. Cifone
Corporate Secrelary Senior Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS.
On the 8th day of November • 20 19 before me personally came Michael P. Cifone to me known. who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the corporation deseribed herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Comporation, and that he signed his mum therend like order. (Notarial Seal) CAMERON COURA CAMERON GOURLAY
NOTAR, Notary Public, State of New York
No. 01G06372305
malified in New York Coun
ommission Expires June 4, 202
PUBLIC
CERTIFICATION
STATE OF NEW YORK
COUNTY OF NEW YORK
The undersigned Dinn Daskalakis hereby certifies:
That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27", 2007, and has not since been revoked, amended or malified:
"RESOLVED, that the President, the Exccutive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or altoneys-in-fact, for the purpose of canying on this Company's surety business, and to empower such agent or agents, or altoney or attomeys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as sundy thercon or othenvise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and
FURTHER RESOVLED, that the signature of any such Oflicer of the Company and the Company's scal may be aflixed by facsimile to any power of attorney or certification given for the execution of any bond, undertakine, recopnizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafler, heing hereby adopted by the Company as the original signature of such officer and the original scal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed."
THAT the above and foregoing is a full, true and correct copy of Power of Attoncy issued by said Company, and of the whole of the original and that the said Power of Allomey is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Altoncy is now in force.
Nomes the hand of the undersigned and the scal of'snid Corporation this I th day of march 2020. watt seal)
Sound
By.
Dina Daskalakis, Corporate Socretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
notary public or other officer completing this certificate verifies only the identity of the individual who signed il Cut to wich this certificate is attached and not the truthfulness, accuracy, or validity of that docume State of California )
County of Orange _)
on 3/16/2020 before me, Natassia Kirk-Smith → Notary Public, personally appeared Vanessa Copeland
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures) 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
NATASSIA KIRK-SMITH
Notary Public • California paragraph is true and correct.
Orange County
Commission # 2253818 WITNESS my hand and official scal.
My Comm. Expres Aug 12. 2022
signatule: Natassal
Signature of Notary Public
Place Notary Seal Above
... OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date: _ Number of Pages: _
Signcrs) Other Than Named Abovc:
Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signers) Signer's Name: Vanessa Copeland Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner: •Limited • General • Partner: •Limited • General Attorney in Fact • Attorney in Fact
• Trustee • Trustee
• Guardian or Conservator • Guardian or Conservator
• Other: _ • Other:
Signer Is Representing: Signer Is Representing:
Rev. 1-15