CITY OR
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
MENIFEE
(Government Code Section 66499.1)
FOR: Streets and Drainage $2,200,000.00 Tract Map APN331-180-022/1P24-018 Landscape Improvements $71,000.00 Other Proj. Ref.Menifee Power Bank Street Scape
Water System $ Bond No. SPA150559 001
Sewer System $ Premium $20,033.00
Total $2.271,000.00
Surety Siriuspoint America Insurance Company Principal Nova Power, LLC Address 1 World Trade Ctr., 285 Fulton St., 47" Fl, Ste. 47J Address 717 Texas St., #1000 City/State New York, NY City/State Houston, TX 77002
Zip code 10007 Zip 77002
Phone (212) 312-2500 Phone (713) 830-2000
WHEREAS, the City Council of the City of Menifee, State of California, and Nova Power, LLC, a Delaware limited liability company (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 APN331-180- 022/IP24-018 Menifee Power Bank Street Scape, which agreements), dated May 2, 2024, 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 Siriuspoint America Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Two Hundred Seventy-One Thousand and 00/100 Dollars, ($2,271,000.00) 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 thereunder 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 April 29 2024
NAME OF PRINCIPAL: Nova Power, LLC
AUTHORIZED SIGNATURE(S):
By: W.3
Name: . Bryan Kimzey
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Siriuspoint America Insyrance Company
AUTHORIZED SIGNATURE:
KD Wapato, Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE 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 Los Angeles
On APR 2 9 2024 before me, D. Garcia, Notary Public, personally appeared KD Wapato 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 acknowledgment 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 D. CARDIA State of California that the foregoing paragraph is true and correct.
COMM. #2354770
Notary Public - California
Los Angeles Counly Witness my hand and official seal.
My Comm. Expires Aor. 18, 2025 P
I. Marci
Signature_
D. Garcia, Notary Public
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 2,200,000.00 Tract Map APN331-180-022/IP24-018 Landscape Improvements $71,000.00 Other Proj. Ref.Menifee Power Bank Street Scape
Water System $ Bond No. SPA150559 001
Sewer System $ Premium Included with the Faithful
Total $2,271,000.00 Performance Bond
Surety Siriuspoint America Insurance Company Principal _Nova Power, LLC Address 1 World Trade Ctr., 285 Fulton St.., 47th Fl, Ste. 47J Address 717 Texas St., #1000 City/State New York, NY City/State Houston, TX 77002
Zip code 10007 Zip_77002
Phone (212) 312-2500 Phone (713) 830-2000
WHEREAS, the City Council of the City of Menifee, State of California, and Nova Power, LLC, a Delaware limited liability company, (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 APN331-180- 022/IP24-018 Menifee Power Bank Street Scape, which agreements), dated May 2, 2024, 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 Two Hundred Seventy-One Thousand and 00/100 Dollars, ($2,271,000.00) 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 April 29
NAME OF PRINCIPAL: Nova Power, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: W/Bryan Kinze,
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Siriuspoint America Insurance dompany
AUTHORIZED SIGNATURE:
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
| Notary Public or other officer completing this certificate verifies only the identity of tl dividual who signed the document to which this certificate is attached, and not the truthfulne accuracy, or validity of that document.
State of California
County of Los Angeles
On APR 2 9 2024 before me, D. Garcia, Notary Public, personally appeared KD Wapato who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/their authorized capacityies), 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 D. CARCIA State of California that the foregoing paragraph is true and correct.
COMM. #2354770
Notary Public - California
Los Angeles Counly Witness my hand and official seal.
My Comm, Expires Apr. 18, 2025 P
N. Sarca
Signature_
D. Garcia, Notary Public
LOCPACO1_0323
POWER OF ATTORNEY
SIRIUSPOINT AMERICA INSURANCE COMPANY
NEW YORK
the Cily or New York, pursan By loving solution, What Si was adap A by i Bard of repay a Nice Yoi copporation, having is pricipal ofte in or Atome spoil ing, lame is let Sected ice pres or in iran companies Sesha are sie pose or and or ray lie a pay our und affix the seal of the Company to surety contracts as co-surely Does hereby nominate, constitute and appoint:
D. Garcia, Janina Monroe, Rachel A Mullen, Martha Barreras, Michelle Haase, B. Aleman, Edward C Spector, Ethan Spector, KD Wapato. lennifer Ochs, Erin Brown, Marina Tapia, Sarah Campbell, Simone Gerhard, Jaren A. Marx ts Irue and lawful attomey-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed; any and all bonds, contracts, agreements of ndemnity, and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penally or financial guaranice bonds) and to bind the Company thereby a fully and to the same exlent as if same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
S50,000,000 single bond limit
I acts of said attomeys-in-fact pursuant to the authorities herein given are hereby ratified and confirmed. The executive officers listed above in solution may from time to lime and at any time remove any such appointee and revoke the power given to him or t said Company, scly and amply to de orens and up one, a rice of therests, wid and yer a the dad of isre of the ens aloe i can apon, at its office in New York, New York, in their own proper persons.
IN WITNESS WHEREOF, SiriusPoint America insurance Company has caused its corporale scal to be hereunto affixed, and these presents to be signed by its Secrelary this 17th day of August in the year 2023.
SiriusPoint America Insuran : Company
By. Welft
Melissa. Ralph
Secretary
State of New York}
I ss.
County of New York
On this 17 day of August 2023, before me, a Notary Public of the State of New York in and for the Conly of New York duly commissioned and qualified, came Melissa J. Ralph, Secretary, of SiriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and, being by me duly swor, deposeth and saith, that she is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument as the corporate seal of said Company, and the said corporale seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding insirument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.
TNAEJA E LEWIS-SCOTT
NOTARY PUBLIC
STATE OF NEW JERSEY Marce 31, 2027
MY COMMISSION EXPIRES MARCH 31, 2028
COMMISSION: #50208541
State of New York
County of New York
Melissa J. Ralph, Secretary, of SiriusPoint America Insurance Company, a New York corporation, do hereby cerify that the above and foregoing i I, true correct copy of Poiver of Allomey, is still in force and effect and has not been revok:
IN WITNESS WHEREOF, I have hereunto sct my hand and affixed the scal of said Company this 29 day of April, 2024