Executed in triplicate Copy 1 of 3
FAITHFUL PERFORMANCE WARRANTY BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $. 68,200.00 Assessor's Parcel No. 331-120-066 Riv. Co. Flood Control $ 0.00 Conditional Use Permit:
Water System $. 1,800.00 CUP2016-233, RV Super Center
Rec. Water $. 0.00 Other Project Ref._IP18-017
Sewer System $. 800.00 Bond No. 101292620
Total $ 70,800.00 - Premium $1,036.00
Surety Merchants Bonding Company (Mutual) Principal_ Menifee Retail Center, LLC Address 6700 Westown Parkway Address 26637 Kingwood Rd
City/State West Des Moines, IA City/State Murrieta, CA
Zip Code 50266-7754 Zip Code 92563
Phone (800) 678.8171 Phone
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Retail Center, 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 CUP2016-233, RV Super Center, 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 bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal anderchants Bonding Company (Mutualas surety, are held and firmly bound unto the City of Menifee in the penal sum of Seventy Thousand, Eight Hundred and no/100, Dollars, ($70,800.00) 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 WARRANTY BOND
COTTON
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, commence 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 October 14 2024
NAME OF PRINCIPAL: Menifee Retail Center, LLC
AUTHORIZED SIGNATURE(S):
bian Settl
By:
Name: Brian Seitel
Title: MEMBER Please see attached
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: _ Merchants Bonding Company (Mutual)
AUTHORIZED SIGNATURE: Dait Neall David Neeley
Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 Riverside
on Oct 232024 before me, Erin Domber, Notary Public
personally appeared Brian Seitel
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/stetKey executed the same in his/her/their authorized capacity(ies), and that by his/her/tKeir 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.
ERIN DONAHOO
COMM. #2398115
WITNESS my hand and official seal. Notary Public - California NRO Riverside County
Grin Donahoo My Comm. Expires Mar. 22, 2026P
Notary Public Signature - (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This farm complies with curren Culifornia statutes regarding notary: wording and!. ifneeded, should be completed and autached to the document. Acknowledgments DESCRIPTION OF THE ATTACHED DOCUMENT from other states may be completed for documents being sent to that state so long Faithful Performance as the wording does not require the California notary to violate California notary lcnv.
(Title or description of attached document) • State and County information must be the State and County where the document Warranty Bond • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages _ - Document Date.. commission followed by a comma and then your title (notary public). • Print the naine(s) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording.
Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If scal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. (Title) • Signature of the notary public must match the signature on file with the office of Partners) the county clerk.
Attorney-in-Fact Additional intormation is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
Trustee(s) Indicate title or type of attached document, number of pages and date.
Other * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 205 and INDECENER
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 Sacramento
October 14, 2024 before me, _ Blake Beverly, Notary Public, On
(insert name and title of the officer)
personally appeared David Neeley
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. BLAKE BEVERLY
COMM. # 2363034
NOTARY PUBLIC- CALIFORNIA
SACRAMENTO COUNTY
MY COV. EXP. JuliE 27, 2025
Signature (Seal)
Bond No. 101292620
MERCHANTS
BONDING COMPANY™.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Blake Beverly; David Neeley; Jacob Ellen; James Drake; Jesse Newborn; Maureen Hallett or proceedings allowed by law.
his Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Boa Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024
MERCHANTS BONDING COMPANY (MUTUAL)
DING CO MERCHANTS NATIONAL BONDING, INC.
RA d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
CORPORAN
m
-0- - 0-
2003 1933 "Larry Zagto
STATE OF IOWA *
COUNTY OF DALLAS ss.
On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
PRIAL Penni Miller
Commission Number 787952
My Commission Expires
IOWA January 20, 2027
X. Notary Publip
(Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 14th day of October ,2024.
ORPORA
Willane Barner g.
- 0-
1933 Secretary
2003
POA 0018(1/24)