FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499. 1)
FOR: Streets & Drainage $6,015,500.00 Tract Map _TM37391 Riv. Co. Flood Control $ ther Proj. Ref.IP21-02
Water System $_ 1.728,000.00 ond No. PB0301040961
Rec. Water $. 425,500.00 Premium $ 45,845.00
Sewer System $ 1,000,000.00
Total $ 9,169,000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State Pasadena. CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Backbone Phase 1 and 2, IP21-026, which agreements), dated NOV T, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Nine Million, One Hundred Sixty Nine Thousand and no/100, Dollars, (§9,169,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OP
MENIFEE
it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Compan AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409617
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bang 5. Unce:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal.
Orange County
Commission # 2427747
My Comm. Expires Nov 22. 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES )
On . 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose names) is/are subscribed to the within instrument and acknowledged to me that e/she/Xey executed the same in Kis/her/xte* authorized capacitykes), and that by Kis/her/ex signature(a) on the instrument the person, or the entity upon behalf of which the person% acted, executed the instrument. certify under PENALTY OF PERJURY under the law:
of the State of California that the foregoing paragrap! is true and correct.
JENNIFER OCHS
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025
some gusti
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: - _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner — • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: 7 Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50,000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
n he is in descraed and a leone fame the ind PHILADELPHIA DEMITY INSURANCE COMPAN than andeal afree duly fustrumed tha ti e preceding instrument, to me personally known, and being by me duly sworn said that I Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
commonwealth of Pennsyivania - Notary 5e Vanessa mcKenzie anessa Mckenzie, Notary Publi
Montgomery County
My commission expires November 3,2024
Commission number 1366394
Member. Pannayivain Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH day of - 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this.
ElSa
1927 Edward Sayago, Corporate Secretan
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 3,007,750.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Re IP21-026
Water System $ 864.000.00 ond No. PB030104096
Rec. Water $ 212,750.00 Premium $ included in performance bond Sewer System $ 500,000.00
Total $ 4,584,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State_Pasadena CA City/State. Newport Beach, CA
Zip_91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Backbone Phase 1 and 2, IP21-026, which agreements), dated NoV 6.2025, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Four Million Five Hundred Eighty Four Thousand Five Hundred and no/100 Dollars, ($4,584,500.00 ) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: Sana Mo Aroma anteal
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409617
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior/Vice President
Bany S. Vee:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California NHA Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name is/ace subscribed to the within instrument and acknowledged to me that Xe/she/bey executed the same in Kis/her/tex authorized capacitykes), and that by Kis/her/*** signature(s) on the instrument the person (a), or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph JENNIFER OCHS is true and correct.
Notary Pubilc • California
Los Angeles County WITNESS my hand and official seal.
Commission # 2358213
My Comm. Expires May 19. 2025
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorneys) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
is the st in des mard and boried care of the PilAr ed i sure araly, hardering by day som a a r Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa Makergie
ontgomery Coul
reCommission number 368394, 20
Member. Pannsylvarn Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _day of NOVEMBER - 2023 El Sar
1927 dward Sayago, Corporate Secreta
HILADELPHIA INDEMNITY INSURANCE COMPAN
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $_ 3,549,000.00 Tract Map_TM37391 Riv. Co. Flood Control $ ther Proj. Ref.IP21-02
Water System $ 249,000.00 Bond No. PB0301040961
Rec. Water $ 853,000.00 Premium $24,045.00
Sewer System $ 158,000.00
Total $. 4,809.000.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLO Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip. 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Rouse Road Backbone Phase 1 and 2, IP21-028, which agreements), dated Nov lo, 202,3 here, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Four Million, Eight Hundred Nine Thousand and no/100, Dollars, ($4,809,000.00) 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 agreements) 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 of Menifee 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 the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Compa
AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409618
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bamy , S. Veee
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ......
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On . before me,
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name is/ace subscribed to the within instrument and acknowledged to me that De/she/the executed the same in Kis/her/xe* authorized capacity*es), and that by Xis/her/be signature(s) on the instrument the person(so, or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Public - California WITNESS my hand and official seal.
INA Los Angeles County
Commission # 2358213
My Comm, Expires May 19, 2025 signature parton
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
e preceding instrument, to me personally known, and being by me duly sworn said that h Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
ommonwealth of Pennsylvania - Notary S Vanessa Mckengie nessa Mckenzie, Notary Pub
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pennsylva: ^ Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH _ day of - _2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this- El Sa
1927 Edward Sayago, Corporate Secretar
HILADELPHIA INDEMNITY INSURANCE COMPANI
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 1.774,500.00 Tract/Parcel Map_TM37391 Riv Co Flood $ Other Proj. Ref. IP21-028
Water System $ 124,500.00 Bond No. PB03010409618
Rec. Water $ 426,500.00 Premium $ included in performance bond Sewer System $ 79,000.00
Total $ 2,404,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State_Pasadena CA City/State Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Rouse Road Backbone Phase 1 and 2, IP21-028, which agreements), dated NoV 6, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Million Four Hundred Four Thousand Five Hundred and no/100 Dollars, ($2,404,500.00 ) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurange Company AUTHORIZED SIGNATURE: 1927
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409618
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Seniot Nice President
Bang S. Ville.
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
) ss.
County of Orange )
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
County of LOS ANGELES
On_11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name is/ace subscribed to the within instrument and acknowledged to me that De/she/ex executed the same in Kis/her/de* authorized capacitykes), and that by Xis/her/bex 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.
JENNIFER OCHS
WITNESS my hand and official seal.
Notary Public - Carifornia
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 Signature_
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue n the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000 This Power of Attorey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given, And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
n this 5 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is t Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
(com Veness Menz, Not / 30) Vanessa Mckengie
Montgomery County
My commission expires November 3.2024
Commission number 1366394
Member, Pannsylves Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH day of ~ 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this -
ElSa
1927 Edward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPAN
CiTY oF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499. 1)
FOR: Streets & Drainage $ 362.000.00 Tract Map_TM37391
Riv. Co. Flood Control $ Other Proj. Ref.IP21-030
Water System $ Bond No. PB03010409619
Rec. Water $ Premium $1,810.00
Sewer System $
Total $ 362.000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address _100 Bayview Circle, Suite 240 City/State Pasadena CA City/State _Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Lines A&A1 Stages 2&3.
IP21-030, which agreements), dated NOV le, 2023 Input date(s) here, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreement (s);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Sixty Two Thousand and no/100, Dollars, ($362,000.00) 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 agreements) 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 of Menifee 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 the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
remaining 10% held as security for the one-year maintenance period provided for in the agreements).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Compan AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409619
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Nice President
Bangs. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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
}ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name@) is/*d subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/dex authorized capacitykes), and that by Ki/her/X* signature(x) on the instrument the person(s), or the entity upon behalf of which the person(3) 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.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19. 2025 Signature. cannons
Signature of Votary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 144 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
You WHeN.
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Vanessa mckengie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Panniva-s Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5" day March, 2021 are true and correct and are still in full force and effect. I do further certify tha DIL ADE HANDEMALITY INSURANCE COMPANyident, was on the date of execution of the attached Pover of Attorney the duly elected President o In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of NOVEMBER - 2023 1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CHT OF
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 181,000.00 Tract/Parcel Map _TM37391 Riv Co Flood $
Bond Po. P03004DP21.
Water System $
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 181.000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip_91101 Zip 92660
Phone 626-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Lines A&A1 Stages 2&3, IP21-030, which agreements), dated NOV 6, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Eighty One Thousand Five Hundred and no/100 Dollars, ($181,000.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 , 2023
NAME OF PRINCIPAL:BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attoched signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409619
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bany S. Vuee
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name/s is/ace subscribed to the within instrument and acknowledged to me that Xe/she/*ex executed the same in Kis/her/he* authorized capacitykes), and that by Kis/her/*** signature(s) on the instrument the person(g), or the entity upon behalf of which the persons) 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.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission ·2358213
My Comm. Expires May 19, 2025
Signature
Signature Of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) • Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and isting under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY OONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-i act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue n the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000 TiLADELP A INDE IT SURE pAd by an erade, the authority of the following Resolution adopted by the Board of Directors of RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomeys) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: Suct the er oats of sur oftent and tie sel of the forman a be i learn,
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021 1927
(Seal)
Philadelphia Indemnity Insurance Company
Notary Public:
Commonwealth of Pennsylvania - Notary Seal Vanessa maKenzie Vanessa Mckenzie. Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylva-s Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5t day March, 2021 are true and correct and are still in full force and effect. I do further certify tha PAn AIDE, WA NDEMNITY INSURANCE COMPANYident, was on the date of execution of the attached Power of Atorney the duly elected President of In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of _ NOVEMBER _ 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CITY OF
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
MENIFEE
(Government Code Section 66499.1)
FOR: Streets & Drainage $. 1,872,000.00 Tract Map _TM37391 Riv. Co. Flood Control $ ther Proj. Ref.IP21-03
Water System bond No. PB0301040962
Rec. Water Premium $9,360.00
Sewer System $
Total $. 1,872,000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 _TM37391, Legado, Storm Drain Line B Stage 4 & Debris Basins B1&B2, IP21-031, which agreements), dated NOV 6,2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Eight Hundred Seventy Two Thousand and no/100, Dollars, ($1,872,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OF
MENIFEE
it does hereby waive notice of any such change, extension of time, alteration or addition to the 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 agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409620
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Vice President
Bangs. Vece
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public • California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 document State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/ace subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/Khe* authorized capacitykes), and that by X/her/X** signature() on the instrument the person(a), or the entity upon behalf of which the person 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.
JENNIFER OCHS
Notary Pubiic • California
Commission 2358213
My Comm. Expires May 19. 2025
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer — Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given, And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
in this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swor said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckenzie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylvas a Association of Notarien residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of →_2023 ElSar
1927 Edward Sayago, Corporate Secretar
HILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 936.000.00 Tract/Parcel Map TM37391 Riv Co Flood $ Other Proj. Ref. IP21-031
Water System $ Bond No. PB03010409620
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 936,000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip_91101 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Line B Stage 4 & Debris Basins B1&B2, IP21-031, which agreements), dated Nov lo,2022 is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Nine Hundred Thirty Six Thousand and no/100 Dollars, ($936,000.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
:
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409620
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Vice President
Bany 5. Vlee
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
3ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. ROSELYN NGUYEN Notary Public - California
WITNESS my hand and official seal. Orange County
Commission# 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County ofLOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
Оп - before me,
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name(x) is/ace subscribed to the within instrument and acknowledged to me that De/she/hex executed the same in Kis/her/Nex authorized capacityes), and that by Kis/her/be* signature(s) on the instrument the person(s, or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission = 2358213
My Comm. Expires May 19. 2025 Signature_ pennans
ignature of Notary Pubi
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issuec in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000. his Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Philadelphia Indemnity Insurance Company
On this 5 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckengie
mmonwealth of Pennsylvania - Notary S
nessa Mckenzie, Notary Pub
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Membor. Parnayivas a Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _day of NOVEMBER - 2023 ElSa
1927 dward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPAN
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ 516,500.00 Tract Map TM37391
Riv. Co. Flood Control $. ther Proj. Ref. IP21-03
Water System ond No. PB0301040962
Rec. Water Premium $2.583.00
Sewer System $
Total $. 516,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena, CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
LE hereinter designated as heila have radio are no rig
attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to _TM37391, Legado, Storm Drain Line C Stage 3 & Sun City Channel, IP21-032, which agreements), dated NoV , 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Sixteen Thousand Five Hundred and no/100, Dollars, (§516,500.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OP
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409621
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Seniør Vice President
Bang s. Vule:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
MU
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed t cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
County of LOS ANGELES
11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
On
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(* whose name(») is/ad subscribed to the within instrument and acknowledged to me that De/she/khex executed the same in Xis/her/Xte* authorized capacitykes), and that by Xis/her/X)e*r signature() on the instrument the person (f), 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Commission # 2358213
My Comm, Expires May 19, 2025 signaturo entnam
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, comp/eting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: - Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
] Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - O Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issues n the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14* of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On his in de Mard and bore tame the ind PHILADELPHIA INDEY INSURANCE COMPANY, than he sea atly to say it said is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckengie
commonwealth of Pennsylvanla - Notary Se:
/anessa Mckenzie, Notary Publi
Montgomery County
My commission expires November 3,2024
Commission number 1366394
Member, Pannsylva: A Association of Notaries Bala Cynwyd, PA residing at:
My commission expires: November 3, 2024
6TH day of -_ 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this, El Sar
1927 Edward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPAN
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 258,250.00 Tract/Parcel Map _TM37391 Riv Co Flood $ Other Proj. Ref. IP21-032
Water System $ Bond No. PB03010409621
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 258,250.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Line C Stage 3 & Sun City Channel, IP21-032, which agreements), dated Nov 0, a023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Fifty Eight Thousand Two Hundred Fifty and no/100 Dollars, ($258,250.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached signature page
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company 1927
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL.)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409621
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
111)
By:
Eric Koff, Senior Vice President
Bangs. Veel:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public • California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose names) is/are subscribed to the within instrument and acknowledged to me that e/she/bex executed the same in Kis/her/Nex authorized capacityxes), and that by K*/her/be* signature(s) on the instrument the person(s) or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 signature gent ans
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
in this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that I the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is ti Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
mmonwealth of Pennsylvania - Notary 51 Vanessa mcKengie nessa Mckenzie, Notary Pub
Montgomery County
Мус отво ть 130682 022
Member, Panayvas Associaten of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of. - 2023 El Sar
1927 Edward Sayago, Corporate Secretan
HILADELPHIA INDEMNITY INSURANCE COMPANY
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage 3,893,000.00 Tract Map TM37391
Riv. Co. Flood Control $ ther Proj. Ref. IP21-03
Water System ond No. PB030104096
Rec. Water $ Premium $ 19,465.00
Sewer System $
Total $ 3,893.000.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip code 91101 Lip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 _TM37391, Legado, Storm Drain Line D Stage 1 & Debris Basin A, IP21-033, which agreements), dated No 6. 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million, Eight Hundred Ninety Three Thousand and no/100, Dollars, ($3,893,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OF
MENIFEE
it does hereby waive notice of any such change, extension of time, alteration or addition to the 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 agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Phasia name heane Copes,
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409622
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Banys. Veec:
By:
Barry S. Villines, Chief Financial Officer
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
ndividual 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22. 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 - LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On before me,
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/aca subscribed to the within instrument and acknowledged to me that Ke/she/*ex executed the same in Kis/her/kdex authorized capacity/es), and that by Xis/her/be signature(s) on the instrument the person(a), or the entity upon behalf of which the person 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.
JENNIFER OCHS
Notary Pubile • California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 Signature. Ten ans
signature or Notary Publ
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereot, issue 1 the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to an such Power of Attorney or certificate relating thereto by facsimile, and any such Power o Antoney in expon tie Company id bye since signaspes no any bond or stalking id
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021 1927
It WALL:
(Seal)
Glomb. President & CEO
Philadelphia Indemnity Insurance Company
On this 5ü day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that ho is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the scal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
mmonwealth of Pennsylvania - Notary St Vanessa makenzie nessa Mckenzie, Notary Pul
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylvan Assoelation of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH day of _ - 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this.
El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 1,946,500.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Re
Water System $. ond No PB0301040962
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 1,946,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip 91101 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line D Stage 1 & Debris Basin A, IP21-033, which agreements), dated Dov 6,2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Million, Nine Hundred Forty Six Thousand Five Hundred and no/100 Dollars, ($1,946,500.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409622
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bany б. сли.
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Ne (Seal)
Signature
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name@s) is/ad subscribed to the within instrument and acknowledged to me that Xe/she/Xxx executed the same in Kis/her/dex authorized capacityxes), and that by Kis/her/* signature(s) on the instrument the person(s, or the entity upon behalf of which the person 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.
JENNIFER OCHS WITNESS my hand and official seal.
Votary Public - Californi
- 60 is on 235821. signature geminan
My Comm. Expires May 19, 2025
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer — Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50,000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
I WAIT:
(Scal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
mmonwealth of Pennayivania - Notary s Vanessa Mckengie
nessa Mckenzie, Notary Put
Montgomery County
Ay commission expires November 3, 2024
Commission number 1366394
Member. Pannayivarn Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of __ 2023 El Sar
1927 Edward Sayago, Corporate Secretar
HILADELPHIA INDEMNITY INSURANCE COMPAN
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ 215,500.00 Tract Map TM37391
Riv. Co. Flood Control $. ther Proj. Ref. IP21-03
Water System Bond No. PB0301040962
Rec. Water Premium $ 1,078.00
Sewer System $
Total $ 215,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Bivd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line E Stage 1, IP21-034 , which agreements), dated Nov 6, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Hundred Fifteen Thousand Five Hundred and no/100, Dollars, ($215,500.00) 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 agreements) 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 of Menifee 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 the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelpha indemily Insurance Company
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409623
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
116)
By:
Eric Rot, Septor
BangS. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
3ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official/seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22. 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
On 11/06/2023 _ before me, _ JENNIFER OCHS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name is/*e subscribed to the within instrument and acknowledged to me that He/she/ex executed the same in Kis/her/X*e* authorized capacityles), and that by Kis/her/e* signature(s) on the instrument the person(s), or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 Signature pennans
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator ] Other: _ Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issuc the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
i this day eMised 202 horize cane in PHILADELPHIA INDENTY INSURANCE COMPANY, than andal atly to say sur said that he Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckensie
commilion expire November 3,20:
mission number 13663
Member. Pannsylva: a Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _ day of - 2023 -
El Sar
1927 İward Sayago, Corporate Secreta
HILADELPHIA INDEMNITY INSURANCE COMPAN
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 107.750.00 Tract/Parcel Map _TM37391 Riv Co Flood $. Other Proj. Ref. IP21-034
Water System $ Bond No. PB03010409623
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 107,750.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC -
Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_Newport Beach, CA
Zip_91101 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line E Stage 1, IP21-034. which agreements), dated NOV 6, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Seven Thousand Seven Hundred Fifty and no/100 Dollars, ($107,750.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: see attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company 1927
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL. AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409623
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senjor Vice President
Bamy S. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
Iss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A 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 document State of California )
County of LOS ANGELES )
11/06/2023 . before me, JENNIFER OCHS, NOTARY PUBLIC
On.
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person()) whose name@x is/*d subscribed to the within instrument and acknowledged to me that De/she/ex executed the same in Kis/her/xte* authorized capacitykes), and that by Xs/her/X)e* signature(*) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragrapt is true and correct.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission #2358213
My Comm. Expires May 19, 2025 signaturo junnam
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): C Corporate Officer - Title(s):
• Partner - O Limited • General ] Partner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact L Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Philadelphia Indemnity Insurance Company
n this 5h day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is t Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckengie
mmonwealth of Pennsylvanla - Notary S
nessa Mckenzie, Notary Put
Montgomery County
My commission expires Novembar 3, 2024
Commission number 1366394
Member. Pannsyiva-in Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of -_ 2023 El Sar
1927 dward Sayago, Corporate Secreta
HILADELPHIA INDEMNITY INSURANCE COMPAN
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ 2.149,000.00 Tract Map TM37391 Riv. Co. Flood Control $ Bond Po. PRo 0021-036
Water System $.
Rec. Water $ Premium $10,745.00
Sewer System $
Total $ 2,149,000.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_ Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 _TM37391, Legado, Storm Drain Line G Stage 1 and Line G Stage 2, IP21-036, which agreements), dated NOV 6,2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million One Hundred Forty Nine Thousand and no/100, Dollars, ($2,149,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CHY OF
MENIFEE
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 agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409624
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
141
By:
Eric Koff, Senior Vice President
Bangs. Vice:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal.
Notary Public - California
Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
On_11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared JANINA MONROE
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name@ is/*a subscribed to the within instrument and acknowledged to me that Ne/she/*ex executed the same in Kis/her//the* authorized capacitykes), and that by Xis/her/be signature(a) on the instrument the person (s), or the entity upon behalf of which the persons 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Pubiic - California
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited O General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
You WHeN.
(Seal)
Philadelphia Indemnity Insurance Company
On this 5th day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Vanessa Mckengie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylvan Association of Notaries
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of _ 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 1,074,500.00 Tract/Parcel Map _TM37391 Riv Co Flood $ Other Proj. Ref. IP21-036
Water System $ Bond No. PB03010409624
Rec. Water Premium $ included in performance bond
Sewer System $
Total $ 1,074.500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Bivd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State_Pasadena CA City/State Newport Beach, CA
Zip_91101 Zip 92660
Phone 626-639-1323 Phone - (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line G Stage 1 and Line G Stage 2, IP21-036, which agreements), dated NOV 6,2023 is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Million, Seventy Four Thousand Five Hundred and no/100 Dollars, ($1,074,500.00) 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 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 nuil 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 agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See Attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Inderpnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409624
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Vice President
Bangs. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
) ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
Оп_11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name(» is/are subscribed to the within instrument and acknowledged to me that e/she/Xxx executed the same in Kis/her/*le* authorized capacityles), and that by Kis/her/*** signature(a) on the instrument the person a). or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025
Signature of Notary Publi
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer — Title(s): • Corporate Officer - Title(s):
] Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LL.C, its true and lawful Attorney-in- inch iouse of is busines and to bis be lompads, hereby, in an recount ant is ended 500 racis of indemnity and witings obligatory in the nature thereof, isued This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
in this in de march and lenie came find PHILADELPHIA INDEMNITY INSURANCE COMPANY, than a seal afted to say worment is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Co ones Market, Nary ele al Vanessa mckengie
Member, Pannsylvas Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH _ day of 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this.
ElSa
1927 Edward Sayago, Corporate Secretar
HILADELPHIA INDEMNITY INSURANCE COMPAN
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ 308,500.00 Tract Map _IM37391 Riv. Co. Flood Control $ ther Proj. Ref. IP21-03
$. ond No. PB0301040962
Water System
Rec. Water $ Premium $1,543.00
Sewer System $
Total $ 308,500.00
Surety Philadelphia Indemnity Insurance Company Principal_ BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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_ TM37391, Legado, Storm Drain Line J Stage 1, IP21-038, which agreements), dated NOV (.2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Hundred Eight Thousand Five Hundred and no/100, Dollars, ($ 308,500.00) 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 agreements) 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 of Menifee 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 adition to the terms of the agreements) or to the work to be performed there under or th pecifications accompanying the same shall in anywise affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indernity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409625
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bany s. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and officia/seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
M
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed tr ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name is/ace subscribed to the within instrument and acknowledged to me that e/she/xey executed the same in Kis/her/zdex authorized capacitykes), and that by Kis/her/e signature(s on the instrument the person(s, or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeies County
Commission # 2358213
My Comm. Expires May 19, 2025 Signature pumans
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General O Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued n the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
You WAteR.
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
n this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that ! the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is ti Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
To Venes Make, Noiry us al Vanessa McKenzie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylva: Association of Notaries
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of - 2023 El San
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL . AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 154,250.00 Tract/Parcel Map_TM37391 Riv Co Flood Other Proj. Ref. IP21-038
Water System $ Bond No. PB03010409625
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 154.250.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip_91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Line J Stage 1, IP21-038, which agreements), dated Nov 6 2023 is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of_One Hundred Fifty Four Thousand Two Hundred Fifty and no/100 Dollars, ($154,250.00) 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 of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Compány AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
( (IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409625
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric KofT, Senig Vice President
By: Bang
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On before me, _
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name@ is/d subscribed to the within instrument and acknowledged to me that Ne/she/ex executed the same in Kis/her/kdex authorized capacityles), and that by K/her/)e* signature() on the instrument the person (a), or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the law:
of the State of California that the foregoing paragrapl is true and correct.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission: 2358213
My Comm. Expires May 19, 2025 signature punnam
Signaturelor Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Attorney in Fact • Individual • Attorney in Fact
• Individual
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
NO A MICHELS HAS MARA BARERS AND RACE A LANE LOCO CONTANE A CALM IT T fat wrote of to buyine and to bid the Compad, hereby, in an amount not to exce excet of indemnity and witings obligatory in the nature there, sued This Power of Attorey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and othe writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And. be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021, 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
in this 5ü day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that I the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is tt Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckenzie
Membor, Pannsylvania Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this - 6TH day of _ 2023 El Sar
1927 ward Sayago, Corporate Secreta
IILADELPHIA INDEMNITY INSURANCE COMPAT
CITY O
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $. 1,092,500.00 Tract Map _TM37391 Riv. Co. Flood Control $ Other Proj. Ref.IP21-04(
Water System $ Bond No. PB03010409626
Rec. Water $ Premium $5,463.00
Sewer System $
Total $ 1,092,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line K Stage 1, IP21-040 , which agreements), dated NOv 6, al _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Ninety Two Thousand Five Hundred and no/100, Dollars, ($1,092,500.00) 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 agreements) 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 of Menifee 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 the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
renk ning 40% hen as security for the bie-ear of thiehande pede prouded or th the agreements).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL.)
NAME OF SURETY: Philadelphia Indemnity Insurance Cor
AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409626
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Erickoit, Senior Nice President
Bangs. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
Iss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and offigal seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
On _ 11/06/2023 before me,. JENNIFER OCHS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(a) whose name is/ace subscribed to the within instrument and acknowledged to me that Xe/she/*ex executed the same in Kis/her/dex authorized capacityles), and that by X/her/xe* signature(s) on the instrument the person(s, or the entity upon behalf of which the persons 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.
JENNIFER OCHS
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025
Signature of Notary Publi
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHYJ.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- et with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issu the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given, And, be it
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckengie
y commission expires November 3, 202
ammission number 13663!
Member. Pannayivan: n Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of - _2023 -
El Sar
1927 dward Sayago, Corporate Secreta
HILADELPHIA INDEMNITY INSURANCE COMPAN
GITTOL
MATERIAL AND LABOR BOND
MENIFES
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 546,250.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Ref.
Water System $ Bond No. PB0301040962
Rec. Water Premium $ included in performance bond
Sewer System $
Total $ 546,250.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State _Pasadena CA City/State Newport Beach, CA
Zip_91101 92660
Phone 626-639-1323 Phone - (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Line K Stage 1, IP21-040, which agreements), dated NOV 6, 2023, islare hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Five Hundred Forty Six Thousand Two Hundred Fifty and no/100 Dollars, ($546,250.00) 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 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
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409626
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Kofi, Senior Nice President
By: Barny
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of - LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/** subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Xis/her/Xt*e* authorized capacitykes), and that by K/her/x* signature(g) on the instrument the person (a), or the entity upon behalf of which the person(3) 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.
JENNIFER OCHS
Notary Public - California
Los Angeles County
Commission #2358213 signature purnoun
My Comm. Expires May 19, 2025 Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • Partner - • Limited • General
• Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- act with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue n the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Philadelphia Indemnity Insurance Company
On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
mmonwealth of Pennaylvania - Nolary S Vanessa Mckengie
nessa Mckenzie, Notary Pul
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pantylvar: Association of Notaries
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of. _ 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $. 4,554,000.00 Tract Map TM37391
Contingency $ 683,000.00 Other Proj. Ref. IP21-059L
$ Bond No. PB03010409627
Total $ 5,237,000.00 Premium $ 26,185.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Phase 1 Streetscape, POC2, 6, 7 & 9, which agreements), dated NOV 4,2023, is/are hereby referred to and made a part hereof; WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Million Two hundred Thirty Seven Thousand and no/100, Dollars, ($5,237,000.00) 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 agreements) 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 of Menifee 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 ddition to the terms of the agreements) or to the work to be performed there under or th pecifications accompanying the same shall in anywise affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 - 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409627
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Nice President
Bany 5. Veci
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
On -
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name/») is/*d subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/*he* authorized capacitykes), and that by */her/*e* signature(s) on the instrument the person (g), or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 signature remans
Signature of Notary Public
Place Notary Seal Above
• OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner — O Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
Job WAR.
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
In this 5t day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is tr Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Vanessa makergie
My commision expires November 3, 2024
Commission number 1366394
Member, Parnayivas a Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _ day of NOVEMBER - 2023 -
ElSa
1927
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Landscape $ 2,277,000.00 Tract Map TM37391
Contingency $ 341,500.00 Other Proj. Ref. _IP21-059L
$ Bond No. PB03010409627
Total $. 2,618,500.00 Premium included in performance bond Surety Philadelphia Indemnity Insurance Company Principal _BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_Newport Beach, CA
Zip 91101 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Phase 1 Streetscape, POC2, 6, 7 & 9, Which agreements), dated NOV 6,2023, is/are hereby referred to and made a part hereof:
and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Million Six Hundred Eighteen Thousand Five Hundred and no/100 Dollars, (S 2,618,500.00) 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 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. 10/26/20
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY:Philadelphia Indemnity Insurande Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
-
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
:
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409627
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
By: Bang 5. Vei
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission = 2427747
My Comm. Expires Nov 22. 2026
M
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
On -
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name@) is/*e subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her//the* authorized capacitykes), and that by K/her/*ex signature(a) on the instrument the person (g), or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph JENNIFER OCHS is true and correct.
Notary Public • Caifornia WITNESS my hand and official seal.
Los Angeles County
Commission # 2358213
My Comm. Expires May 19. 2025
ignature of Notary Publi
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - [ Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE. MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
le preceding instrument, to me personally known, and being by me duly sworn said that l → this in described and a bored face of the PHILADELPHIA DE INSURANCE; than ta seal afied to sad instrument is ti Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
From nos Makena: Nolay Pile al Vanessa mckengie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylva-s Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH day of - 2023 ElSa
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ Tract Map _TM37391
Traffic Signal En&Ch $ 360,500.00 Other Proj. Ref._IP21-060 Traffic Signal Sh&Ro $ 364,500.00 Bond No. PB03010409628 Traffic Signal Sh&Ch $ 363.500.00 Premium $ 5,443.00
Utilities $
Total $ 1,088,500.00
Surety Philadelphia Indemnity Insurance Company Principal_ BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address. 100 Bayview Circle, Suite 240 -
City/State Pasadena CA City/State_ Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 _ TM37391, Legado, Traffic Signal Improvements, IP21- 060, which agreements), dated NOV l, 203 _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Eighty Eight Thousand Five Hundred and no/100, Dollars, ($1,088,500.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OR
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) 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 to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _, 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: Seattached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indempity Insurance
a D2
AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
•
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409628
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bangs. Une-
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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
3 ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission# 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ofLOS ANGELES
11/06/2023 before me, _ JENNIFER OCHS, NOTARY PUBLIC
On
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name/ is/e subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/*de* authorized capacityles), and that by Xis/her/e* signature() on the instrument the person, or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission 2358213
My Comm. Expires May 19, 2025 Signature ef Notary Pub
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual ] Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- et with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issu the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorneys) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
get WALT
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
mmonwealth of Pennsyivania - Notary S Vanessa mckengie
nessaMckenzie, Notary Put
Member, Pannayiva: Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _ day of _ 2023 -
El Sa
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL I AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ Tract/Parcel Map _TM37391
Traffic Signal En&Ch 180,250.00 Other Proj. Ref. IP21-060 Traffic Signal Sh&Ro $ 182,250.00 Bond No. PB03010409628 Traffic Signal Sh&Ch $ 181.750.00 Premium $included in performance bond Utilities $
Total $ 544.250.00
Surety Philadelphia Indemnity Insurance Company Principal _BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State_Pasadena CA City/State. _Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone - (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Traffic Signal Improvements, IP21-060 , which agreements), dated Nov (0,2023, islare hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Five Hundred Forty Four Thousand Two Hundred Fifty and no/100 Dollars, ($544,250.00 ) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance-Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
...*
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409628
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Vice President
Bany s. Vece:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 document State of California
County ofLOS ANGELES
11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
On _
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name is/ad subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/dex authorized capacityles), and that by Xis/her/be* signature(a) on the instrument the person(s. or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Commission 2358213
signature pennan
My Comm. Expires May 19, 2025
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - O Limited • General • Partner - O Limited • General • Attorney in Fact • Individual • Attorney in Fact
Individual
- Trustee • Guardian or Conservator • Trustee • Guardian or Conservator ] Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14h of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: Such theer of to ur often and ting set ef thy family may be strict tany.
And binding pout company by suri signers and facial or nal be all which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
Let WAR:
(Seal)
Glomb. President & CEO
Philadelphia Indemnity Insurance Company
Notary Public:
Commonwealth of Pennsylvania - Notary Sea Vanessa mckengie /anessa Mckenzie, Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylva*: Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this - 6TH day of - 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $ 19,500.00 Tract Map _TM37391
Riv. Co. Flood Control $ ther Proj. Ref.IP21-06
Water System $ ond No. PB030104096
Rec. Water $ Premium $ 100.00
Sewer System $
Total $ 19,500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and _BLC Fleming LLC. (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 TM37391, Legado, Storm Drain Stub Basin B1, IP21-068, which agreements), dated NOV o, 2023 _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Nineteen Thousand Five Hundred and no/100, Dollars, ($19,500.00) 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 agreements) 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 of Menifee 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 at ta ts ote agreements) or to the work to be performed there under or the pecifications accompanying the same shall in anywise affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409629
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Seniorayce President
Bany 5. Vece:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 )
) ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name is/ace subscribed to the within instrument and acknowledged to me that Xe/she/*ex executed the same in Kis/her/x*ex authorized capacitykes), and that by Kk/her/e* signature(a) on the instrument the person(s), or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025 Signature of Notary Public Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited O General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator ] Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto: and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 54 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa makenzie
Montgomery County
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of • 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL I AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 9,750.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Ref IP21-068
Water System $ ond No. PB0301040962
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 9,750.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip_91101 Zip 92660
Phone_626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Stub Basin B1, IP21-068, which agreements), dated NOY 6, 2023, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Nine Thousand Seven Hundred Fifty and no/100 Dollars, ($9,750.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY:_Philadelphia Indemnity Insurance Compan 1927
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409629
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Seniof Vice President
Bangs. Vee
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of LOS ANGELES
Оп 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/ace subscribed to the within instrument and acknowledged to me that De/she/lex executed the same in Kis/her/k*ex authorized capacityles), and that by X/her/be 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 paragraph is true and correct.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Publie - California
Los Angeles County
Commission # 2358213
My Comm. Expires May 19. 2025 signatura paran am
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General ] Individual • Attorney in Fact • Individual • Attorney in Fact • Guardian or Conservator • Trustee • Guardian or Conservator • Trustee
• Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J JOONAN. MICHELLE HAASE. MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC. its true and lawful Attorney-in t with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issi the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.0 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Philadelphia Indemnity Insurance Company
in this dia described and bore one the ine HILDA DEN INSURAN COMPANY, than aedal aty me sily sir ned that her Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa makergie
Momber, Pannsyiva: n Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH day of NOVEMBER - 2023 Elçar
1927 dward Sayago, Corporate Secretar
HILADELPHIA INDEMNITY INSURANCE COMPAN
CITY O
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage 69,000.00 Tract Map _TM37391
Riv. Co. Flood Control $ Bond No. Po. 1021-069
Water System $
Rec. Water $. Premium $345.00
Sewer System $
Total $ 69,000.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Stub Basin B2, IP21-069, which agreements), dated NOV 6, 2023 , is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Sixty Nine Thousand and no/100, Dollars, ($69,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OP
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, anc it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _, 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Comp
1327
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409630
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
pany yS. Vue
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Oranee County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of LOS ANGELES
Оп 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose name is/ace subscribed to the within instrument and acknowledged to me that De/she/ex executed the same in Kis/her/Xeit authorized capacitykes), and that by Kis/her/be signature(a) on the instrument the person (a), or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Public • Caiifornia WITNESS my hand and official seal.
Los Angeles County
Commission #2358213
My Comm. Expires May 19. 2025
Signature of Notary Publ
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact - Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: — Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given, And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be vali and binding upon the Company in the future with respect to any bond or undertaking t which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5ih day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa Makenzie
Member, Pennaya-s Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _ day of - 2023 El Sar
1927 Edward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPAN
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 34,500.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Ref IP21-069
Water System $ ond No. PB0301040963
Rec. Water $ Premium $ included in performance bond
Sewer System $
Total $ 34.500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State _Pasadena CA City/State _Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Storm Drain Stub Basin B2, IP21-069, which agreements), dated NOV 6, 2023 is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Thirty Four Thousand Five Hundred and no/100 Dollars, ($34,500.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: Seeattached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: _Philadelphia Indemnity Insurance Company 1927
AUTHORIZED SIGNATURE:
Janjha Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
:
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409630
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Enc Kon, Senor pole Present
Bangs. Vie
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
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 document State of California
County of LOS ANGELES
11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
On
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name is/** subscribed to the within instrument and acknowledged to me that Ke/she/Xex executed the same in Kis/her/*ex authorized capacityles), and that by Kis/her/xer signature(s) on the instrument the person, or the entity upon behalf of which the persong) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission $2358213
My Comm. Expires May 19, 2025
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General ] Attorney in Fact • Individual © Attorney in Fact
• Individual
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014. National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issue n the course of its business and to bind the Company thereby, in an amount not to exceed 550.000.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ü of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
In this 5th day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h s the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa McKengie
mmonwealth of Pennsylvania - Notary Se
nessa Mckenzie, Notary Pub
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member. Pannsylva: Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of NOVEMBER - 2023 El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $. 536,000.00 Tract Map IM37391
Contingency $ 80.000.00 Other Proj. Ref. IP21-078L
$ Bond No. PB03010409631
Total $ 616.000.00 Premium $ 3,080.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip _ 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 in 20e i are hereby else, PA 20 Ne a pasiere ofich agreements) dated WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Hundred Sixteen Thousand and no/100, Dollars, ($616,000.00) 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 agreements) 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 of Menifee 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 the agreements) or to the work to be performed there under or thi pecifications accompanying the same shall in anywise affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _, 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: see attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity insurance Company AUTHORIZED SIGNATURE:
anina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409631
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Senior Vice President
By: Banys. Vice
Barry S. Villines, Chief Financial Officer
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who sianed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES )
11/06/2023 before me, - JENNIFER OCHS, NOTARY PUBLIC
On _
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name/ is/*d subscribed to the within instrument and acknowledged to me that de/she/ex executed the same in Xx/her//dex authorized capacity/es), and that by X/her/ex signature(x) on the instrument the person, 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • California
Los Angeles County
Commission y 2358242
My Comm. Expires May 19, 2025 so gerbans
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Attorney in Fact • Individual • Attorney in Fact
• Individual
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawtul Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 144 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto: and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to an such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
Get WAR.
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Commonwealth of Pennsylvania - Notary Sea Vanessa, mckengie /anessa Mckenzie, Notary Publi
Montgomery County
My commission expires Novembar 3, 2024
Commission number 1366394
Member, Pannsylvan Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _day of_ _ 2023 1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Landscape $ 268,000.00 Tract Map TM37391
Contingency 40,000.00 Other Proj. Ref. _IP21-078L
$ Bond No. PB03010409631
Total $ 308,000.00 Premium included in performance bond Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State _Pasadena CA City/State_Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 _TM37391, PA-20 North Basin, which agreements), dated_NOV 6,2023 _ is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Three Hundred Eight Thousand and no/100 Dollars, ($308,000.00) 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 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. 10/26/20
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company 1927
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409631
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Bang s. Vece:
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and officiah seal. Notary Public - California Orange County NNA
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On before me,
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) subscribed to the within instrument and acknowledged to me that e/she/ex executed the same in Kis/her/Xte* authorized capacitykes), and that by Xis/her/xe*r signature(f) on the instrument the person(s), or the entity upon behalf of which the person(*) 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.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission #2358213
My Comm. Expires May 19, 2025 signature jimenam
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited [] General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, L.L.C, its true and lawful Attorney-in- ct with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereot, issue i the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14üh of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Tom Venes Morenza, Notary Pony seal Vanessa McKengie
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsylvarn Association of Notariet residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH _ day of. NOVEMBER_ _ 2023 1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE: CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $ 1,009,500.00 Tract Map TM37391
Contingency $ 151,500.00 Other Proj. Ref._IP21-079L
$ Bond No. PB03010409632
Total $ 1,161.000.00 Premium $5,805.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 - City/State Newport Beach, CA
City/State Pasadena CA
Zip code 91101 Zip_ 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (hereinafter designated I 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 TM37391, PA-19 Northwest Basin, which agreements), dated_NOV 6, 2023, is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million One Hundred Sixty One Thousand and no/100, Dollars, ($1,161,000.00) 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 agreements) 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 of Menifee 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 the agreements) or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, ano it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company 1927
AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409632
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior Vice President
Bangs. Viri
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and officiah seal. Notary Public • California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On before me, _
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/ace subscribed to the within instrument and acknowledged to me that De/she/ex executed the same in Kis/her/e* authorized capacityxes), and that by Kis/her/*)ex signature(a) on the instrument the person (a), 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.
JENNIFER OCHS
Notary Public • California WITNESS my hand and official seal.
Los Angeles County
Commission #2358213
My Comm. Expires May 19, 2025
signature umans
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General 7 Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: . Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and xisting under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J VOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- in the course of is busines end to bis the Compan, unety, as recognizants and other contracts of neiy and writings obligatory in the nature theor, isue.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given, And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND IS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
Iot WAter.
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
n this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swor said that h › the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is t Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa McKenzie
lontgomery Coun
yo Commiston number 1368359, 20
Member. Pennsylva=in Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH _ day of _ 2023 El San
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
MATERIAL 1 AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Landscape $ 504,750.00 Tract Map TM37391
Contingency $ 75,750.00 Other Proj. Ref. _IP21-079L
$ Bond No. PB03010409632
Total $ 580,500.00 Premium included in performance bond Surety Philadelphia Indemnity Insurance Company Principal _BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State Pasadena CA City/State Newport Beach, CA
Zip_91101 Zip. 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, PA-19 Northwest Basin, which agreements), dated NO l, 2023, islare hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Five Hundred Eighty Thousand Five Hundred and no/100 Dollars, ($580,500.00) 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 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 nuil and void; otherwise, it shall be and remain in full force and effect. 10/26/20
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety November 6
above named, on
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
See attached
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
AUTHORIZED SIGNATURE:
Janina Monroe, Attorney-In-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409632
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koft, Senior Vice President
Pany S. Vice
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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
) ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of LOS ANGELES
On - 11/06/2023 before me, _ JENNIFER OCHS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(A) whose name@) is/ace subscribed to the within instrument and acknowledged to me that Xe/she/ex executed the same in Kis/her/*bex authorized capacitykes), and that by X*/her/xe* signature(a) on the instrument the person(s), or the entity upon behalf of which the person 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.
JENNIFER OCHS
WITNESS my hand and official seal.
Notary Publie • California
Los Angeles County
Commission# 2358213
My Comm.. Expires May 19, 2025 signature untouns
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LL.C, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorey-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED:
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
Vanessa mckengie
Montgomery County
/commission expires November 3, 202
ammission number 13663
Member, Pannsylvarn Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 6TH day of NOVEMBER _ 2023 El Sar
1927 Edward Sayago, Corporate Secretar
'HILADELPHIA INDEMNITY INSURANCE COMPAN
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets & Drainage $. 471,000.00 Tract Map TM37391 Riv. Co. Flood Control $. ther Proj. Ref. IP21-08
Water System $ Bond No. PB0301040963:
Rec. Water Premium $2,355.00
Sewer System $
Total $ 471.000.00
Surety Philadelphia Indemnity Insurance Company Principal_BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 -
City/State _Pasadena CA City/State_Newport Beach, CA
Zip code 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 T37391, Legado, Fiber Communication Improvements, IP21-088 _, which agreements), dated NOV 0,2023 _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Philadelphia Indemnity Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Four Hundred Seventy One Thousand and no/100, Dollars, ($471,000.00) 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 agreements) 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OF
MENIFEE
it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) 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 construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 _ 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: Seattached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance
AUTHORIZED SIGNATURE:
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
SIGNATURE PAGE TO
FAITHFUL PERFORMANCE BOND
Bond No. PB03010409633
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Eric Koff, Senior
BangS. Vici
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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 Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
Notary Public - California
WITNESS my hand and official seal. Orange County
Commission: 2427747
My Comm. Expires Nov 22. 2026 P
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed tr cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
County of - LOS ANGELES
11/06/2023 JENNIFER OCHS, NOTARY PUBLIC
On _ before me, -
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name/» is/*d subscribed to the within instrument and acknowledged to me that e/she/ex executed the same in Kis/her/dex authorized capacitykes), and that by X/her/xe* signature(s) on the instrument the person(a), or the entity upon behalf of which the persong) 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.
JENNIFER OCHS
Notary Publle • California WITNESS my hand and official seal. - Os Angeles County
.ommission # 235821
My Comm. Expires May 19, 2025 signature remans
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Attorney in Fact • Individual • Attorney in Fact
• Individual
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
.........
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.
NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5"' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Vanessa mckenzie
ommonwealth of Pennsylvania - Notary Se
anessa Mckenzie, Notary Publ
Montgomery County
ty commission expires November 3,202
Commission number 1366394
Member, Pannsylvarn Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
6TH _day of - 2023
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this El Sar
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
CUT ON
MATERIAL I AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets & Drainage $ 235,500.00 Tract/Parcel Map _TM37391 Riv Co Flood $ ther Proj. Rei IP21-088
Water System $ ond No. PB0301040963
Rec. Water $ Premium included in performance bond
Sewer System $
Total $ 235.500.00
Surety Philadelphia Indemnity Insurance Company Principal BLC Fleming LLC Address 800 E. Colorado Blvd. 6th Floor Address 100 Bayview Circle, Suite 240 City/State _Pasadena CA City/State, Newport Beach, CA
Zip 91101 Zip 92660
Phone 626-639-1323 Phone (949) 945-2595
WHEREAS, the City Council of the City of Menifee, State of California, and BLC Fleming LLC (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 TM37391, Legado, Fiber Communication Improvements, IP21-088, which agreements), dated NOV (, 2023, islare hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), 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 agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Thirty Five Thousand Five Hundred and no/100 Dollars, ($235,500.00) 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 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.
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on November 6 2023
NAME OF PRINCIPAL: BLC Fleming LLC
AUTHORIZED SIGNATURE(S):
By: See attached
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insuran
AUTHORIZED SIGNATURE: ning Monroe, Attorney -In Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
•
SIGNATURE PAGE TO
MATERIAL AND LABOR BOND
Bond No. PB03010409633
Principal:
Date: November 6, 2023 BLC FLEMING LLC,
a Delaware limited liability company
By:
Barry s. Veri
By:
Barry S. Villines, Chief Financial Officer
NOTARY 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
3) ss.
County of Orange
On November 6, 2023, before me, Roselyn Nguyen, Notary Public, personally appeared Eric Koff and Barry S. Villines, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.
ROSELYN NGUYEN
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2427747
My Comm. Expires Nov 22, 2026
sy (Seal)
Signature
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California
County of LOS ANGELES
On 11/06/2023 before me, JENNIFER OCHS, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
JANINA MONROE
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/ace subscribed to the within instrument and acknowledged to me that e/she/ex executed the same in Kis/her/Xlex authorized capacityles), and that by K*/her/xe* signature(x) on the instrument the person (a), or the entity upon behalf of which the person(%) 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.
JENNIFER OCHS WITNESS my hand and official seal.
Notary Public • Cailfornia
Los Angeles County
Commission # 2358213
My Comm. Expires May 19, 2025
ignature of Notary Publ
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY NOONAN, MICHELLE HAASE, MARTHA BARRERAS AND RACHEL A. MULLEN OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in- et with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issu the course of its business and to bind the Company thereby, in an amount not to exceed $50.000.00 his Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors o HILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And. be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927
(Seal)
Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that h is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Em Venes denie, Nolary Pully earl Vanessa McKengie
Member. Pannsylva in Association of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6TH day of - 2023 -
El San
1927 Edward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPANY