F A FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 6,063,500 Tract Map TM31456 Riv. Co. Flood Control $ 1-323,500 Other Proj. Ref
Water System $ 463 500 Bond No.
Premium
800020758
Rec. Water $0 $ 135,465.00
Sewer System $ 1 180 500
Total $ 9,031,000
RCFC lnvestments LLC
Address 605 Hiqhway 169 N, Suite 800 Address c/o Finqal Fahrney & Clark, 5120 Cam usD
City/State Plymouth, MN Newport Beach, CA
code 55441 zip 92660
Phone 952-852-2431 Phone 949-235-2700
WHEREAS, the City Council of the City of Menifee, State of California, and RCFC lnvestments LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated pu
€/?.s'/t t,
blic improvements relating to TM31456 , which agreement(s), dated _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s),
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including 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. 2 Surety Atlantic Specialty lnsurance Companv Principal City/State
Zip
NOW, THEREFORE, we the principal and Atlantic Specialtv lnsurance Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of Nine Million Thirtv One Thousand and 00/100, Dollars, ($ 9.031.000.00) laMul 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.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement(s) or to the work to be performed there under or the 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 agreement(s) or to the work or to the specifications..
Surety further stipulates and agrees that the provisions of Section 2845 ot the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreement(s) is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10%o held as security for the one-year maintenance period provided for in the agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Mav25,2022
NAME OF PRINCIPAL: RCFC lnvestments LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Gordon D. Youde
Title: Manager
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Atla lnsurance an
AUTHORIZED SIGNATURT Bre
Its orney-in-F Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
caLlFoR lA aLL-PURPOSE ACKNOWLEDGUENT CtVtL CODE S 1 189 -rr:fr'a{ra-a.:.1.\.{rci:c4:3Llr:"r.4^l"cr:{xL-arraiY'i-rai-541-fr.c t{r-ar"a/-t{R{:rr{,fgricfK.1i(]{}trcrraa:c{)c;rcacacaaaa dd'r A notary public or other otficer completing this certificate verifies only the identity of the individual who signed the document to which this certiticate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 0range
On May 26,2022 Celeste Y. Staggs, Notary Public
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) islare subscribed to the within instrument and acknowledged to me that he/sHthey executed the same in his/h8rlth€ir authorized capacity(ino), and that by his/her/their signature($ on the instrument the person(t), or the entity upon behalf ol which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJUBY under the laws
of the State of Calilornia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
@*:#-.ifi:if:fr;,. gzAffiz-
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Gordon D. Youde Signer's Name:
! Corporate Officer - Title(s): D Corporate Officer - Title(s):
! Partner - ! Limited ! General ! Partner - D Limited ! General tr lndividual D Attomey in Fact
! Trustee ! Guardian or Conservator
a
I
! lndividual
! Trustee
tr Attorney in Fact
tr Guardian or Conservator
! Other:
Signer ls Representing:
n Other:
Signer ls Representing:
Manage r ofRCFC Investments, LLC
before me,
Date
personally appeared
Here lnseft Name and Title of the Officer
Gordon D. Youde "
o2015 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800'876-6824 ltem #5907 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 trlAY262022 before me, M. n les Nota Public personally appeared Brenda Woos who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a++subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi.s/her/t$ei+ authorized capacityfies), and that by his/her/thei+signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal) Signatu re . L/3',,^ /--
Mc;#;', tlota/y Puntic
M, GONZATES
Notary Pubric - CaLifornia
Los Angele! County
Conmierion i 2176493
lry Co..m. Erpires oct 5. 2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189
[i+t*st] Power of Attorney
KIiOW ALL MEN BY THI-ISE PRESENTS, thar ATLANTIC SPEtilAL l Y INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: TenzGr V. Cunningham, Brenda Won& Martha Gonrales, Joaquin Pcrez, My Hua, Me(helle Larkin, Kathy R.
Mair, Sokha K, Evans, ea€h individually if there be more rhaD one named, its rrue and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as authority shall exceed in amount the sum of: unlimited ind the execution of such bonds, rerognizances, contracts of indemnity, and all other writinBs obligator in the nature thereof in pursu nce of these presents, shall be as binding upon siid Company as if they had been fully sign€d by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and €xecuted by authority of the following resolutions adopted by rhe Board of Directors of ATLANTIC SPECIALTY INSURANCE CoMPANY on the twenty-fifih day of Sept€mber, 2012r Rcsolvcd: That the President, any Senior Vice Presidenr or Vice-President (each an "Authorized Officer") may execule for and in behalf of the Company any and all bonds, recognizanccs, contracls of indemnily. and all other writinSs obligatory in the naturc thercof, and affix fte seal ofthe Company ftereto; and thal the Authorized Offic€r may appoint and authoriz€ an Atiorney-in-l'act to execute on behalf of the Company any and allsuch instruments and to affix the Company seal theretoi and that the Authorized Olticer may at any rime remove any such Atromey-in-Fact and revoke all power and auihority giv€n to any such Allorney-in- Fact.
Resolved: That the Atrom€y-in-Fact may be Siven tullpower and authorily to execute lor and in the name and on behalfof the Company any and allbonds, rccognizances, contracts of ind€rnnity, and all other wrirings obli8arory in the naturc therrof, and any such instrument executed by any such Atumey-in-Fact shall be as binding upon the Company as if signed and sealed by an Auihorized officer and, funh€r, th€ Anomey-in-Fact is hereby authorized to verity any affidavil required to be attached lo bonds, recognizances, conkacts of indemniry, and all oth€r writinBs obligatory in rhe nature lhereof.
This powerof atlorney is signed and sealed by tacsimile under thc authority of the following Resolution adopred by th€ Board of Directors of ATLAI.ITIC SPECIALTY INSURANCE COMPANY on the iv,/€nty-fifth day of Seplemb€r, 2012:
Resolvedt Thar the signarure of an Authorized Officer, rhe signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or (o any cenificale relatinS lhereto appointing an A(orney-in-FacL for purposes only of executing and s€aling any bond, undertaking, recognizance or other writren obligation in the nature thereof, and any such siBnature and seal where so used, b€ing hereby adopted by the Company as $e original signarure of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effecl as though rnanually aftixed.
IN WTNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has raused these presents to be siSned by an Authoriz€d Officer ard the seal ofthe ComPany lo be aff ed fiis twenly-seventh day of April, 2020.
By erfu
S'1 ATT: OF I{INNESO-I'A
HENNEPIN COIJNTY
Paul J. Br€hm, Senior vire Presidenl
On this Menty-seventh day of April, 2020, before me personally came Paul J. Brehrn, S€nior Vice Presidenl of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be th€ individual and officer described in and who executed the preceding instrument, and he acknowl€dged the execution of the same, and being by me duly sworn, that he js rhe said officer of rhe Company aforcsajd, and thar the seal affixed ro the preceding inslrumenl rs $e seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said insrrument by the aDthority and at the direction of lhe Company. ,/n
l, the undeBigned, Secrerary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attom€y is in full force and has not been revoked, and the resolutions set fonh above are now in force. sisned and sealed. Dated- day * MAY 2 5l!22
-SEAL.
1986
This Power of Attorney expires
January 31, 2025
AUSoil olilAt{ }lAsH.lRolJI
t{oIAtrY PlrBLlC . $tlllEsoT
lry Commll3lo
J.nulry 3l
n Explrc!
,2025
Please dired bond verif ications to surerv(aiNncuE[jltl!!,(up Kara Barrow, S€cr€tary
,,/,/f
Notary Public