Cities Index.
Bond

Menifee City Council
September 4, 2024

Document
Bond
Meeting
September 4, 2024
Body
Menifee City Council
Original file
672 KB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

CITY OF

FAITHFUL PERFORMANCE BOND

CITY OF MENIFEE, STATE OF CALIFORNIA

MENIFEE
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Plot Plan 2015-164, Parcel A Streetscape $ 113,000.00 Other Project Ref. IP22-004L
Water System $ Bond No 800168646
Rec. Water $ Premium $ 1,413.00
Sewer System $
Total $ 113,000.00
Surety Atlantic Specialty Insurance Company Principal Jefferson Menifee, LLC Address 605 Highway 169 N, Ste 800 Address 12250 El Camino Real, Ste 380 City/State Plymouth, MN City/State San Diego, California Zip code 55441 Zip 92130
Phone 952-852-2431 Phone 858-771-9119
WHEREAS, the City Council of the City of Menifee, State of California, and Jefferson 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 Del Oro North, Parcel A, Plot Plan 2015-164 Streetscape, which agreements), dated May 14, 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 Atlantic Specialty Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Thirteen Thousand and no/100, Dollars, ($113,000.00) 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

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 24 the principal and surety above named, on
NAME OF PRINCIPAL: Jefferson Menifee, LLC
AUTHORIZED SIGNATURE(S):

By:

Title: CEO
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Atlantic Specialty Insurance Company
AUTHORIZED SIGNATURE:

Its Attorney -in-Fact Jamie Armfield Title Attorney-in-Fact (IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.

MATERIAL AND LABOR BOND

MENIFEE -

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Plot Plan 2015-164, Parcel A Streetscape 56,500.00 Other Project Ref. IP22-004L
Water System $ Bond No. 800168646
Sewer System Premium $ -0-
Total $ 56,500.00
Surety_Atlantic Specialty Insurance Company Principal Jefferson Menifee, LLC Address 605 Hwy 169 N, Ste 800 Address 12250 El Camino Real, Ste 380 City/State Plymouth, MN City/State_San Diego, California Zip. 55441 92130
Phone 952-852-2431 Phone 858-771-9119
WHEREAS, the City Council of the City of Menifee, State of California, and Jefferson 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 Del Oro North, Parcel A, Plot Plan 2015-164 Streetscape, which agreements), dated May 14, 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 Fifty Six Thousand Five Hundred and no/100 Dollars, ($56,500.00) 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, thie instrument has been duly executed by the principal and surely above named, on
NAME OF PRINCIPAL: Jefferson Menifee, LLC
AUTHORIZED SIGNATURE(S):

By: Payton Mayes
Name:

CEO
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Atlantic Specialty Insurance Company
mie dundee
AUTHORIZED SIGNATURE:

Its Attorney-in-Fact Jamie Armfield Title Attorney-in-Fact (IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. 4•***• ******••
State of TEXAS
County of DALLAS
6/10/2024 HELEN JANE CULUNARE
On before me, Name and Toe of Notary

PAYTON MAYES
personally appeared
Name and or Names of Signers)
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. HELEN JANE CULLINANE - Notary Public, State of Texas
I certify under PENALTY OF PERJURY under the laws of Comm. Expires 10-07-2026 the State of California that the foregoing paragraph is true Notary ID 1041333-1 and correct.

Witness my hand and/official seal.

Helen in Cullinone
Signatue_ Place Notary Public Seal Abova
_ OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document Bond
DocumentDate Numberof Pages:

Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General

RIGHTTHUMEPRINT
= SIGNER • Guardian or Conservator
• Guardian or Conservator Top of thumb Top of thumb
C Attorney-in-Fact • Attorney-in-Fact
• Trustee • Trustee
• Other: • Other:

Signer is representing Signer is representing
••••
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. ••••• ...•*
State of WASHINGTON
County of KING
6/10/24 _ before me, Jamie Armfield
On Name and Too of Notary
Date
Debbie Lindstrom
personally appeared Name and or Names of Stagers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal:

Signatue. Place Notary Public Seal Abova
Notary Public Signature
_ OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattechment of this form to another document.

Description of Attached Document
Bond
Title or Type of Document
DocumentDate Numberof Pages:

Signer's Name:
• Individual • Individual
• Corporate Officer - Title s): • Corporate Officer - Title(s):
• Partner - L Limited • General IGHT THUMBERIN • Partner - • Limited • General RGні тнимврн = SKaNE OF SIGNE
• Guardian or Conservator • Guardian or Conservator Top of thumb Top of thumb
• Attorney-in-Fact • Attorney-in-Fact
• Trustee • Trustee
• Other: • Other:

Signer is representing Signer is representing
•..
•••
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Amber Engel, Anna Smith, Brandon Akers, Debbie Lindstrom, Holly E. Ulfers, Jamie Armfield, Kathleen M.

Mitchell, Kathy Nye, Kendall Young, Kristine Santamaria, Marina Matyunin, Roxana Palacios, Scott Alderman, Tara Koloski, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:
unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.

Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Artorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.

SPECIALTY SURANCE

CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEw Det Sarah A. Kolar, Vice President and General Counsel

HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.

ALISON DWAN NASH-TROUT

NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2026 Notary Public
, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in ful force and has not been revoked, and the resolutions set forth above are now in force Signed and sealed. Dated 10th day of June ,2024.

CORPORATE
SEAL KunisBaur
1986
This Pontary 31, 20y expires ENVILE New vort o
Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected]

YYYYYYYYY
Approved for Bonding
CR 5/21/2024
Jefferson Del Oro - North Apartments IP22-004L
IMPROVEMENT REQUIREMENT WORKSHEET Del Oro North Apartments

OFFSITE LANDSCAPE IMPROVEMENTS

ITEM QUANTITY UNIT UNIT AMOUNT
COST

LANDSCAPING
Maintenance Walk STD 113 S.F. 4.00 $ 0.00
Colored Stamped Concrete S.F. 10.00 $ 0.00
Street Trees ( 15 Gallon) 31 EA 100.00 $ 3,100.00
Landscape and Irrigation 10,056 S.F. 3.50 $ 35,196.00
Landscape Fill Material C.Y. 27.00 $ 0.00
Water Meter EA 7,000.00 $ 7,000.00
Electric Meter S.F. 10,000.00$ 10,000.00
Remove trees EA 3,000.00 $ 0.00
Maintenance for 1 Year EA 20,000.00
Calsense Controller EA 10,000.00 $ 10,000.00
Mulch 40 YD 70.00 $ 2,800.00

0.00 0.00
Subtotal 69 88,096.00
Administrative Contingency (20% x A) 17,619.20
CM - Inspection - LC (8%) 7,047.68
Streets/Drainage Total (A + B) 112,762.88
Delorenzo 4455 Murphy Canyon Road
international Suite 108
San Diego, CA 92123
P: 858-430-6155 F: 858-430.6169 LIGENBED LA
NO.1388
PREPARED BY: R.L.A. NO. 1388
NICHOLAS E DELORENZO PREPARD DATE 05/14/2024
PREPARED FOR:
11988 EL CAMINO REAL, SUITE 200 SALE OF CALFONN

← All documents from this meeting