FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $ 87,500.00 Parcel 333-040-045,046
Other Project No. IP21-057L
Total $ 87,500.00 Bond No. 4467282
Premium $2,188.00
Surety Markel Insurance Company Principal KA Menifee, LLC Address 4521 Highwoods Parkway Address 5820 Oberlin Drive Suite 201 City/ State Glen Allen, VA City/State San Diego, CA
Zip code 23060 Zip 92121
Phone 800-431-1270 ext 3888 Phone (858) 869-3328
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 APN: 333-040-045,046, 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 and Markel Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Eighty-seven thousand five hundred, Dollars, ($87,500.00) 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
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 November 21 2024
NAME OF PRINCIPAL: _KA Menifee, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Kaream Assi
Title: Manag
(IF CORPORATION, AFFIX SEAL)
: SEAL
NAME OF SURETY: Markel Insurance Company
Thur
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 888888888888888888888888888808888888888888888888888888888888888888888888888888888 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 November 25, 24 boomo. Agian siNe nan te
personally appeared karan Assi
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribec 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
MYRIAM MILLE laws of the State of California that the foregoing Notary Public • California
paragraph is true and correct.
San Diego County
Commission 2400889
My Comm. Expires May 12. 2026 WITNESS my hand and official seal.
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 Signers)
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: _
50808888:83:84818:81818 8181888083858888:89:88 8388:8183018:8881818818:818:8838183818181818:8 ©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
NOV 2 1 2024 before me, Rebekah Eads, Notary Public
On
(insert name and title of the officer)
Richard Hallett
personally appeared
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 Pubile - California San Diego County
Commission # 2466403
My Comm, Expires Nov 9, 2027
RiCh
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:
Elisabeth Georgeson, Lauran M. Graham, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads, Marissa Robinson 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 on their 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:
In Unlimited Amounts
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 21st day of August, 2024 .
SureTec Insurance Company SURANCE Markel Insurance Company SEAL
By: By:
Michael C. Keptig, President Lindey Jennings, Nice President State of Texas
County of Harris:
On this 21st day of August , 2024 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 WHERE, have here sery had an after or e en a on, rear an a ne to ren By:
Chelsea Turner, Notary Public
My commission expires 7/6/2028
13256A? L certify that the original POWER OF ATTORNEY of which the We, the undersigned Officers of SureTec Insurance Company and Markel inste foregoing is a full, true and correct copy is still in full force and effect and has notine IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 21st day of November 2024 uretec Insurance Cor Markel Insurance Company
mont
By:
M. Brent Beaty, Assistant Secretary andrew Marquis, AssistanySecretary 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.
MATERIAL - AND LABOR BOND
MENIFER.
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Landscape $ 43,750.00 Parcel 333-040-045,046
Other Project No. IP21-057L
Total $ 43,750.00 Bond No. 4467282
Premium $ Included in
performance bond
Surety Markel Insurance Company Principal KA Menifee, LLC Address 4521 Highwoods Parkway Address 5820 Oberlin Drive Suite 201 City/ State Glen Allen, VA City/State San Diego, CA
Zip code 23060 Zip 92121
Phone 800-431-1270 ext 3888 Phone (858) 869-3328
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 APN: 333-040-045,046, 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 bord 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 Forty-Three Thousand Seven Hundred Fifty Dollars, ($43,750.00) 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 _ November 21
NAME OF PRINCIPAL:KA Menifee, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Karam Assi
Tite: Manager
(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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1818081818181818181818:848101818184810:8181818181818180819181888:8181818181813188988480181848788888888888803830 89848180818:3:83131808431318181318280313 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 bege
on Norember 25, 24 _ before me, _ Munam
Date
personally appeared Kareem Assi
Name(s) 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 I certify under PENALTY OF PERJURY under the
MYRIAM MILLE laws of the State of California that the foregoing Notary Public • California
San Diego County paragraph is true and correct.
Commission # 2400889
My Comm. Expires May 12. 2026 WITNESS my hand and official seal.
Signature Mille
Place Notary Seal and/or Stamp Above Sighature 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: _
88888888888888888883808189808084888080818083318881818381816381838 ©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, accuracv, or
State of California
County of San Diego
NOV 2 1 2024 Rebekah Eads, Notary Public
On before me,
(insert name and title of the officer)
Richard Hallett
personally appeared
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 Pubic - Caifornia San Diego County
Commission = 2466403
My Comr. Expires Nov 9, 2027
Picn
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:
Elisabeth Georgeson, Lauran M. Graham, Ray Canto, Richard Hallett, Leona Evangelista, Rebekah Eads, Marissa Robinson 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 on their 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:
In Unlimited Amounts
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 Market 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 21st day of August , 2024 SureTec Insurance Company Markel insurance Corpany
CONFORMO
SEAL
By: By:
Lindey Jennings, Vice President
Michael C. Keing, President
State of Texas
County of Harris:
On this 21st day of , 2024 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.
Свет мение
By:
Chelsea Turner, Notary Public
My commission expires 7/6/2028
1325G+5- erase erty thas the Original POWER OF ATTORNEY of which the We, the undersigned Officers of SureTec Insurance Company and Markel Insieg foregoing is a full, true and correct copy is still in full force and effect and has hophee AZ IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 21st day of November 2024 Markel Insurance Company
mora
By:
M. Brent Beaty, Assistant Secretary Andrew Marquis, Assistan Sycretary 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.
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
ROW LANDSCAPE COST ESTIMATE
CITY OF MENIFEE PROJECT FILE NO.: IP21-057L
PARCEL MAP NO. Parcel A: 333-040-045 DATE: 11/18/2024
Parcel B: 333-040-046 IP: 21-057L
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (50% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Landscape $- 87,342.30 $ 87,500.00 $ 43,750.00
Total 87,342.30 $ 87,500.00 $ 43,750.00
Warranty Retention (10%) $ 8,750.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).
JW
11/18/24
Signature Date
3-31-2025
6172 Renewal Date
Jeff M. Varley 8/31/2025
RLA# 11-18-2024
Name Typed or printed Exp. Date Date
SAFE OF CALFORE
Landscape Architect's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
*** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
ROW LANDSCAPE COST ESTIMATE
CITY OF MENIFEE PROJECT FILE NO.: IP21-057L
DATE PREPARED: NOVEMBER 18, 2024
ITEM QUANTITY UNIT UNIT AMOUNT
COST
LANDSCAPING
Mobilization L.S. 2,000.00 $ 2,000.00
Soil Preparation L.S. $ 2,000.00$ 2,000.00
Mulch Topdressing, 3" depth, wood chip 30 C.Y. 35.00 $ 1,050.00 Concrete Mowstrip 623 L.F. 10.00$ 6,230.00
Irrigation Point of Connection (not incl. water meter) L.S. 3,000.00$ 3,000.00 Irrigation system, complete L.S. 15,000.00 $ 15,000.00
rigation system, Controller and Elec Service Cabinet L.S. 12,500.00 $ 12,500.00 Trees, 24" box 14 E.A. 300.00$ 4,200.00
Trees, 15-gallon 17| E.A. 150.00$ 2,550.00
Shrubs, 5-gallon 52 €A EA EA ED EA EA EA €A EA ED EA 35.00 $ 1,820.00 Ground cover 1-gallon 766 10.00 S 7,660.00
1-year Landscape Maintenance 1 13,000.00 $ 13,000.00
$ 0.00
0.00 0.00
A. Subtotal EA EA tA tA GA EA 71,010.00
B. Contingency (15% x A) L 10,651.50
C. Construction Inspection (8%) 5,680.80
D ROW Landscape Installation 87,342.30