CITY OF
A FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $. 6,358,000.00 Tract Map _TM38303 Riv. Co. Flood Control $ Other Project Ref. IP24-022S
Water System $ Bond No. TCS0172693
Rec. Water $ Premium $25,432.00
Sewer System $
Total $ 6.358.000.00
Surety Trisura Insurance Company Principal Minor Ranch LLC -
Address 210 Park Avenue, Suite 1300 Address 3200 Park Center Drive, Suite 1000 City/State Oklahoma City, OK City/State Costa Mesa. California Zip code 73102 Zip 92626
Phone (405) 583 6100 Phone (714) 427-6868
WHEREAS, the City Council of the City of Menifee, State of California, and Minor Ranch 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 Menifee Valley, TM38303. Improvement Plan IP24-022S, which agreements), dated is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreements) to furnish bonds) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and Trisura Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Million Three Hundred Fifty-Eight Thousand........ 00/100, Dollars, ($6,358,000.00) 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 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 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 agreement(s) 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 23r° September, 2024.
NAME OF PRINCIPAL: Minor Ranch LLC
AUTHORIZED SIGNATURE(S):
By:
Name: John M. Ogren
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Trisura Insurance Company
AUTHORIZED SIGNATURE:
Tina McEwan, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
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
September 24, 2024 , before me, _ → Notary Public, personally John M Ogren _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare 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.
S. SIX e dix
Notary Public • California
Orange County Notary Public
Commission: 2421761
My Comm. Expires Oct 16, 2026
2 Stamford Plaza
TRISURA Suite 1504, 281 Tresser Boulevard
Stamford, Connecticut 06901
[email protected]
POWER OF ATTORNEY
TCS0172693
Bond Number:
Bond issuance date: September 23rd, 2024
KNOW ALL MEN BY THESE PRESENTS: That TRISURA INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Oklahoma, authorized to conduct a surety business, and having its principal place of business at 2 Stamford Plaza, Suite 1504, Tresser Boulevard, Stamford, Connecticut 06901, does hereby constitute and appoint:
Tracy Aston, Samantha Russell, Rosa E. Rivas, Meghan Hanes, Mary Y. Volmar, Tina McEwan, Vanessa Fong
their true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, tatute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be a inding upon the said TRISURA INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of TRISURA INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of TRISURA INSURANCE COMPANY at a meeting duly held on the 11th day of December, 2020. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, TRISURA INSURANCE COMPANY have each executed and attested these presents on this 25th day of February, 2022. STATE OF Connecticut County of Fairfield
CORPORAT
SEAL
Underring officer, Surely
On this 25th day of February, 2022, before me came the individual who executed the preceding instrument, to me persundly suwi, seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duiy affixed by order of the Boards of Directors of said Companies.
N TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, a airfield, Connecticut the day and year first above writter SERENA I. SZEKELY — Serena I Szekely seal
Notary Public, State of Connecticut - a Notary Public of Connecticut My Commission Expires 10/31/292 Commission Expires: 10/31/2026
CERTIFICATION
1, the undersigned officer of TRISURA INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of ttorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with t iginals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the sa originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 23rd, 2024 Richard Grant
Aichard Grant, Vice Presisefit, U.5. Surets
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: [email protected] 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 Texas -
County of Dallas
on September 23nd 202 efore me. _ Tonie G. Petranek
Date Here Insert Name and Title of the Officer
personally appeared Tina McEwan
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 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 Texas that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
TONIE G. PETRANEK
NOTARY PUBLIC
STATE OF TEXAS Signature _ tetran
SHITE OFTE MY COMM. EXP. 02/28/28
NOTARY ID 12519720-4 Tonie G. Petranek 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
Individual x 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 CITY oF
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 3,179,000.00 Tract/Parcel Map TM38303 Riv. Co. Flood Control $ Other Proj. Ref. _ IP24-022S
Water System $ Bond No. TCS0172693
Rec. Water $ Premium $25.432.00
Sewer System $
Total $ 3,179,000.00
Surety Trisura Insurance Company Principal Minor Ranch LLC Address 210 Park Avenue, Suite 1300 Address 3200 Park Center Drive, Suite 1000 City/State Oklahoma City, OK City/State Costa Mesa. California Zip 73102 Zip 92626
Phone (405) 583 6100 Phone (714) 427-6868
WHEREAS, the City Council of the City of Menifee, State of California, and Minor Ranch 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 Menifee Valley, TM38303, Improvement Plan IP24-022S, which agreements), dated 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 Million One Hundred Seventy-Nine Thousand... -- 00/100, Dollars, ($3,179,000.00) 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 23rd September
NAME OF PRINCIPAL: Minor Ranch LLC
AUTHORIZED SIGNATURE(S):
By:
Name: John M. Ogren
Title: Vice President
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Trisura Insurance Company
AUTHORIZED SIGNATURE:
Tina McEwan, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
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
September 24, 2024 _ before me, _
appeared John M Ogren , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged 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 State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
A Dix
5SIX
Notary Public - California
Orange County Notary Public
Commission # 2421761
My Comm. Expires Oct 16, 2026
2 Stamford Plaza
TRISURA® Suite 1504, 281 Tresser Boulevard
Stamford, Connecticut 06901
[email protected]
POWER OF ATTORNEY
TCS0172693
Bond Number:
Bond issuance date: September 23rd, 2024
KNOW ALL MEN BY THESE PRESENTS: That TRISURA INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Oklahoma, authorized to conduct a surety business, and having its principal place of business at 2 Stamford Plaza, Suite 1504, Tresser Boulevard, Stamford, Connecticut 06901, does hereby constitute and appoint:
Tracy Aston, Samantha Russell, Rosa E. Rivas, Meghan Hanes, Mary Y. Volmar, Tina McEwan, Vanessa Fong
their true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, tatute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be a inding upon the said TRISURA INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been dul executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of TRISURA INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of TRIURA INSURANCE COMPANY at a meeting duly held on the 11* day of December, 2020. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as IN WITNESS WHEREOF, TRISURA INSURANCE COMPANY have each executed and attested these presents on this 25"h day of February, 2022. STATE OF Connecticut County of Fairfield Saurance
CORPORATE
SEAL
-2.
Undenweting Officar, Surety
On this 25th day of February, 2022, before me came the individual who executed the preceding instrument, to me persurany ruw, and, being by me duly sworn, said he is the therein described and authorized officer of TRISURA INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at.
Fairfield, Connecticut the day and year first above written.
SERENA I. SZEKELY — Serena I Szekely _seal
Notary Public, State of Connecticut - a Notary Public of Connecticut My Commission Expires 10/31/292 Commission Expires: 10/31/2026
CERTIFICATION
1, the undersigned officer of TRISURA INSURANCE COMPANY do hereby certify that | have compared the foregoing copy of the Power of IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 23rd, 2024 lichard Grant
Aichard Grant, Vice Presigght, U.5. Surety
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: [email protected] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 S5020502080002312025020202020202020200@20C249202020/C@SCAASAGEGESSOESESEA2SEGESCOEGEAEOCOI A nolary 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 Texas .
County of _Dallas
On Sei ptember 23rel 2024 before me, _ Tonie G. Petranek Date Here Insert Name and Title of the Officer
personally appeared Tina McEwan
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 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 Texas that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
TONIE G. PETRANEK
NOTARY PUBLIC Co-Petrar
STATE OF TEXAS
MY COMM. EXP. 02/28/26 Signature
NOTARY ID 12519720-4 Tonie G. Petranek 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 realtachment 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 - General Partner - Limited General
Individual x Attomney 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 Asociation • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907