CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Street/Drainage $1,466,500.00 Parcel 333-040-002,003,004 Dom Wtr 0.00 Other Project No. IP21-057
Rec Wtr $ 0.00 Bond No. 4467238
Sewer $ 0.00 Premium $ 24,998.00 for a term of
anyangs, erader real
hy the Digest release
Total $ 1,466,500.00
Surety Markel Insurance Company Principal KA Menifee, LLC Address 4521 Highwoods Pkwy Address 27875 Encanto Drive City/ State Glen Allen, VA City/State Menifee, CA
Zip code 23060 Zip 92586
Phone (800) 431-1270 ext 3858 Phone (858)404-6085
WHEREAS, the City Council of the City of Menifee, State of California, KA Menifee, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating 333-040-002,003,004, which agreements), dated 01/10/24, 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 Markel Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Million Four Hundred Sixty-Six Thousand Five Hundred and 0/100 Dollars, ($1,466,500.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, 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
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 January 4 2024
NAME OF PRINCIPAL: KA Menifee, LLC
AUTHORIZED SIGNATURE(S):
Name: Karan Assi
Title: Managa
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Markel Insurance Company
Then
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact Title
Richard Hallett, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 8I88I818E:81881800980@380818:808188131N889N88808131803183030508388873484303384898 188888088888888388388888883883833318 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of - San Diege
on Sanuary Date LO 2024 before me, _ Auran Tele, Notara Public Here Insert Name and Title of the Officer
personally appeared Karean Assi
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed the within instrument and acknowledged to me that he/she/they executed the same in his/her/the thorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the enti upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
MYRIAM MILLE laws of the State of California that the foregoing Notary Public • California paragraph is true and correct.
San Diego County
Commission # 2400889 WITNESS my hand and official seal.
My Comm. Expires May 12, 2026
Mele
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public - 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 of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing: _
8383888888888888888888888008188881808188818818888188:008888818881808898001818081880 ©2017 National Notary Association
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
JAN 0 4 2024
before me, _ Rebekah Eads, Notary Public
On
(insert name and title of the officer)
personally appeared _ Richard Hallett
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
REBEKAH EADS
Notary Pubiic - Carifornia
San Diego County
WITNESS my hand and official seal. Commission # 2466403 My Comm, Expires Nov 9, 2027
Run Cu
Signature (Seal)
POA# 510664
JOINT LIMITED POWER OF ATTORNEY
NOW ALL MEN BY THESE PRESENTS: That SureTec insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having rincipal office in the County of Harris, Texas and Markel Insurance Company (the Company"), a corporation duly organized and existing under the laws of the sta of illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Frederick M. Liebel, Elisabeth Georgeson, Lauran M. Graham, Brianna Steverson, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads heir true and lawful agents) and attorneys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and or heir own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Thirty Million and 00/100 Dollars ($30,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 27th day of January , 2023 SureTec Insurance Company Markeyinsurance Company
INSURANCE SURANCE
SEAL
Michael C. Keimig, President indey Jennings Vice President State of Texas
County of Harris:
On this 27th day of January , 2023 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
JULIE E. MCCLARY
Notary Public State of Texas Culei E. Melle
By:
Commission # 12947680-5 Julie E. McClary, Notary Public Commission Expires March 29, 2026 (May commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 4th_day of_ January 2024 Company Markel Insurance Company
M. Brent Beaty, Assistant Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510664 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
CRY OF
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Street/Drainage $ 733,250.00 Parcel 333-040-002,003,004 Dom Wtr $ 0.00 Other Project No. IP21-057
Rec Wtr $ 0.00 Bond No. 4467238
Sewer $ 0.00 Premium $ Included in Performance bond.
Total $ 733,250.00
Surety Markel Insurance Company Principal KA Menifee, LLC Address 4521 Highwoods Pkwy Address 27875 Encanto Drive City/ State Glen Allen, VA City/State Menifee, CA
Zip code 23060 Zip 92586
Phone (800) 431-1270 ext 3858 Phone (858)404-6085
WHEREAS, the City Council of the City of Menifee, State of California, and _KA Menifee, LLC , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to 333-040-002,003,004 which agreements), dated 01/10/24 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 Seven Hundred Thirty-Three Thousand Two Hundred Fifty and 0/100 Dollars, ($733,250.00) 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 January 4, 2024
NAME OF PRINCIPAL: KA Menifee, LLC
AUTHORIZED SIGNATURE(S):
Ву:
Name: Karcan Assi
THe: Напади
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Markel Insurance Company
AUTHORIZED SIGNATURE:
"Its Attorney-in-Fact Title
Richard Hallett, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
: SEAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 SIBI8 BI8 BS8I3IENBI8:3:818(BN8N3:8(8I8T8N8:358:8818:81818181888:8881N8888N8N888181888/81818183818:818818:8181881818:813:8181881818888181880818 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of - San Diego
on Januacy 10, 2024 betoe ma Mysia Toman, Notrona fethe personally appeared Karan Assi
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed , the within instrument and acknowledged to me that he/she/they executed the same in his/her/the ıthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the enti 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
MYRIAM MILLE paragraph is true and correct.
Notary Public • California
San Diego County
Commission #2400889 WITNESS my hand and official seal.
My Comm. Expires May 12, 2026
Signature Mille
Place Notary Seal and/or Stamp Above Signature of Notary Public - 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 of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing: _
Взвеваннв₴ 3339383339889338888888888888888888888883838383838808838888 ©2017 National Notary Association
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document
State of California
County of San Diego
JAN 0 4 2024 before me, Rebekah Eads, Notary Public
On
(insert name and title of the officer
personally appeared Richard Hallett
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
REBEKAH EADS
WITNESS my hand and official seal. Notary Pubiic • California San Diego County
Commission # 2466403
My Comm. Expires Nov 9. 2027
Punch
Signature (Seal)
POA# 510664
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Frederick M. Liebel, Elisabeth Georgeson, Lauran M. Graham, Brianna Steverson, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads Their true and lawful agents) and attorneys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and or heir own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Thirty Million and 00/100 Dollars ($30,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 27th day of January 2023 SureTec Insurance Company Markey insurance Company
SEAL
Michael C. Keimig, President Lindey Jennings, Vice President State of Texas
County of Harris:
On this 27th day of January , 2023 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
JULIET MCCLARY
Notary Public State of Texas Culei E. Melle
By:
Commission # 12947680-5 Julie E. McClary, Notary Public Commission Expires March 29, 2026 My commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 4th day of_ January_ 2024 Markel Insurance Company
MILA
M. Brent Beaty, Assistant Secretan
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510664 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.