FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $ 124,500.00 Other Project Ref._IP24-004L
Water System $ Bond No._016250717
Rec. Water $ Premium $ 685.00
Sewer System $
Total 124,500.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address_175 Berkeley Street Address 300 Spectrum Center Drive #880 City/State_Boston, MA City/State_Irvine, California
Zip code 02116 Zip 92618
Phone (617) 357-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 PM38156 Landscape POC1, IP24-004L, which agreements), dated 8/7/2025 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 LIBERTY MUTUAL INSURANCE COMPANY, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Twenty Four Thousand, Five Hundred Dollars, ($ 124,500.00) 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
CITY OP
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 August 21
NAME OF PRINCIPALMENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
By: Lada
Name: Linda D. Booker
Title: Secretary & Chief Financial Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Megan 4. Da Attorney-in-Fact
Its Atterney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
CISI:013038313@81880103:01809301@8340:300/338131@3101029:01010H0M8I818:8N8191:31018181818:6181E:E03#8401E18191838:18001@1818181813 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 Californier Georgia
County of Futon
on August 25,2025 before me, _ Laura laylor, Notary
Here Insert Nate and Title of the Officer
personally appeared Linda D. Booker
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namelskishare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/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
LAURA TAYLOR paragraph is true and correct.
NOTARY PUBLIC
Gwinnett County WITNESS my hand and official seal.
State of Georgia
My Comm. Expires 06/18/26
• Kama daya
Signature
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 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 • Guardian or Conservator • Trustee • Guardian or Conservator • Trustee
• Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
SURETY ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the ndividual who signed the document to which this certificate is attached, and not the truthfulnes ccuracy. or validity of that documen
State of Georgia -
County of_Cherokee
On 2ist day of August 2025 before me, Blizabeth K. Sterling, Notary Public, personally appeared Megan K. Douaire_ who proved to me on the basis of satistactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
(8 NOTARY
CHEROKEE PUBLIC Signature anank Alley
NUARY 14: Signature of Notary Publi
COUN
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutuál. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, consitute and appoint, Megan K.
Douaire; Sandy K McElhaney; Benjamin A. Stahl; Elizabeth K. Sterling all of the city of Atlanta state of each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Sth day of May. 2025
Liberty Mutual insurance Company
INSURANCE The Ohio Casualty Insurance Company
TUAL CASUALTY CORPORATE « CORPORAT West American Insurance Company 1912 1919 1991
OHIO 8 Math1 ,
HIRE
ANTON INDIANA
By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
On this Sth day of May 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance or residual value guarantees Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
TERESA PASTELLA Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public please call 610-832-8240 or email [email protected].
Montgomery County Pastella
My commission expires March 28, 2029 By:
Not valid for mortgage, note, loan, letter of credit,
Commission number 1126044
Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public interest rate NOTARY PUBL
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attoreys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of August 2025
CORPORATEL CASUALTY CORPORATES INSURANCE ERICAN CORPORATE 1912 1919 1991
OHIO By:
INDIANA Renee C. Liewellyn, Assistant Secretary
LS3M
LMS-12873 LMIC OCIC WAIC Multi Co 02/24
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $ 124,500.00 Other Project Ref. IP24-004L
Water System $ Bond No. 016250717
Rec. Water Premium $ 685.00
Sewer System $
Total $. 124.500.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address 175 Berkeley Street Address 300 Spectrum Center Drive #880 City/State_ Boston, MA City/State Irvine, California
Zip_02116 Zip 92618
Phone_ (617) 357-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 PM38156 Landscape POC1, IP24-004L, which agreements), dated 3/7/2025 , 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 One Hundred Twenty Four Thousand, Five Hundred Dollars, (§124,500.00) 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.
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 August 21
NAME OF PRINCIPAL: MENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
Date a Bat
By:
Title: Linda D. Booker
Secretary & Chief Financial Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Megal. Dai Attorney-in-Fact
Its Attorney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA 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 California Georgla
County of Fulton
on August 25, 2025 before me, Laura Taylor, Notary
Date Here Insert Name and Title of the Officer
personally appeared Linda D. Booker
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) iSJare 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 histher/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
LAURA TAYLOR
NOTARY PUBLIC laws of the State of California that the foregoing Gwinnett County paragraph is true and correct.
State of Georgia WITNESS my hand and official seal.
My Comm. Expires 06/18/26
Sama Jayh
Signature
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 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 or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
SURETY 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 truthtulness, accuracy, or validity of that document.
State of Georgia
County of Cherokee
On 215+ day of August 2025 before me,_Elizabeth K. Sterling, Notary Public, personally appeared Megan K. Douaire who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
MA WITNESS my hand and official seal.
NOTARY g
PUBLIC Signature
CHEROKEE COME MARY 1A.2 Signature of Notary Publi
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutual. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organize under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan K Douaire; Sandy K McElhaney: Benjamin A. Stahl; Elizabeth K. Sterling all of the city of each individually if there be more than one named, its true and lawful attorney-in-fact to make xecute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuanc if these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own prop persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of May
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
MUTUAL «CORPORATE CASUALTY CORPORATE INSURANCE CORPORATES West American Insurance Company 1912 1919 1991 Math1 L
ANTAWOD OIHO ANTINOD ANTINO
INDIANA
THI L53N By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
(POA) verification inquiries, [email protected].
On this 5th day of May _ 2025_ before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal
currency rate, interest rate or residual value guarantees Teresa Pastella, Notary Public Montgomery County Pastella
My commission expires March 28, 2029 By:
Not valid for mortgage, note, loan, letter of credit, CORNY LANS Commission number 1126044 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Power of Attornev
NOTARY PUBLIC
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: olease call 610-832-8240 or email ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the and/or President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such For bond instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attormeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certfy that the original power of altomy of which the foregoing is a ful, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of August 2025.
NSURANS CANALY INSURANCE
CORPORATE
1912 1919 1991
HABACHUSE By:
ANTON INVO INDIANA Renee C. Liewellyn, Assistant Secretary LS3M
LMS-12873 LMIC OCIC WAIC Multi Co 02/24
CITY OF
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
MENIFEE
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $ 462,000.00 Other Project Ref. IP24-043L
Water System $ Bond No._016250714
Rec. Water Premium $ 2,541.00
Sewer System
Total 462,000.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address 175 Berkeley Street Address_300 Spectrum Center Drive #880 -
City/State Boston, MA City/State _Irvine, California
Zip code 02116 Zip 92618
Phone(615) 553-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 PM38156 Landscape POC3, IP24-043L, which agreements), dated 8/7/2025 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 LIBERTY MUTUAL INSURANCE COMPANY, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Four Hundred Sixty Two Thousand Dollars, (§462,000.00) 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, 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 August 21 2025
NAME OF PRINCIPAL: MENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
By:
Linda D. Booker
Title: Secretary & Chief Financial Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Megin k Attorney-in-Fact
Its Attorney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA 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 California Georgia
county of Fulton
on August 25, 2025 before me,- Laura Taulor, Notary
Here Insert Name and Title of the Office
inda D. Booker
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in histher/their authorized capacityies), and that by hister/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
LAURA TAYLOR laws of the State of California that. the foregoing NOTARY PUBLIC paragraph is true and correct.
Gwinnett County
State of Georgia WITNESS my hand and official seal.
My Comm. Expires 06/18/26
Mama Layo
Signature
Place Notary Seal and/or Stamp Above Signature of Notdry 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 or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing: .
©2019 National Notary Association
SURETY 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 Georgia
County of Cherokee
On 2lst day of August , 2025 before me,. Elizabeth K. Sterling, Notary Public, personally appeared Megan K. Douaire_ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
ISSION ENO
IS NOTARY
•Signature_
STUARY 1A? Signature of Notary Public
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutuál. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan K.
Douaire: Sandy K McElhaney; Benjamin A. Stahl; Elizabeth K. Sterling all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Sth day of May 2025
Liberty Mutual Insurance Company
INSURAN The Ohio Casualty Insurance Company
MUTUAL ACORPORATD RICAN CORPORATE West American Insurance Company 1912 1919 1991
ОІНО HEY HAMPS
144381 INDIANA
guarantees THI LSEM By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries, [email protected]. letter of credit. On this Sth day of
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. loan,
TERESA Commonwealth of Pennsylvania - Nolary Seal
interest rate or residual value CORLONVERE Teresa Pastella, Notary Public Pastella Montgomery County
My commission expires March 28, 2029 By:
Commission number 1128044 Teresa Pastella, Notary Public SINGYLAN Member, Pennsylvania Association of Notaries
NOTARY PUBLIC
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Not valid for mortgage, note, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: olease call 610-832-8240 or email ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such altomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and ali undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIlI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerie, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certifty that the original power of attomey of which the foregoing. is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ 21st day of August 2025 MUTUAL CORPORATE CASUALTY MERICAN CORPORAT Rai (мец
1912 1919 1991
O/HO By:
LS3M Renee C. Liewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/24
CITY
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $ 462,000.00 Other Project Ref. IP24-043L
Water System $ Bond No._016250714
Rec. Water $ Premium $ 2,541.00
Sewer System $
Total $ 462.000.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address 175 Berkeley Street Address 300 Spectrum Center Drive #880 City/State_Boston. MA City/State _Irvine, California
Zip 02116 Zip 92618
Phone (615) 553-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 . PM38156 Landscape POC3, IP24-043L, which agreements), dated 8/7/2025 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 Four Hundred Sixty Two Thousand Dollars, ($462,000.00) 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 August 21 2025
NAME OF PRINCIPAL: MENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
Line a Bone
By:
Linda D. Booker
Title: Secretary & Chief Financial Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Megan k. Dai Attorney-in-Fact
Its Attorney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
083038500303030333633BOSESOS BEGETSESS8338388SESSES 0385380B89000809BBESS 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 Georgia
County of - Fulton
on August 25, 2025 before me, Laura Taylor, Notary
Here Insert Name and Title of the Officer
personally appeared Linda D. Booker
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namelskislare 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/hey/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
LAURA TAYLOR laws of the State of California that the foregoing NOTARY PUBLIC paragraph is true and correct.
Gwinnett County
State of Georgia WITNESS my hand and official seal.
My Comm. Expires 06/18/26
•Yama dayl
Signature
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 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 or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
SURETY 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 Georgia
County of Cherokee
, 2025 before me, _ Elizabeth K. Sterling, Notary Public, personally appeared On 21st day of Augegan K. Douaire who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
NOTARY A G
Signature_
MARY 1.20 R Sighature of Notary Public
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutual. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, tha Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizec under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan K Douaire; Sandy K McElhaney: Benjamin A. Stahl; Elizabeth K, Sterling all of the city of each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Sth day of May 2025
Liberty Mutual Insurance Company
The Ohio Casualty insurance Company
MUTUAL CORPORATE INSURANCE CASUALTY HRORPORARE INSURANCE West American Insurance Company 1912 1919 1991 Math1 L
BESACHUSE ANTINOD OHIO ANtaWOD
NOIANA
guarantees. SHI LS3M By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
ss
County of MONTGOMERY
, 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries. [email protected]. letter of credit, On this Sth day of
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
TERESA PASTELLA Commonwealth of Pennsylvania - Notary Sea interest rate or residual value Teresa Pastella, Notary Public Montgomery County Pastella
My commission expires March 28, 2029 By:
Commission number 1126044
CRANSY LARS Teresa Pastella, Notary Public Power of Attornev Member, Pennsylvania Association of Notaries
NOTARY PUBLI
Not valid for mortgage, note, loan, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: olease call 610-832-8240 or email ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the and/ President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety currency rate any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall bond have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of August 2025
INSURANCE CASUALTY CORPORATE NSURANCE
CORPORATE CORPORAED
1912 1919 1991
SARACHUSE OHIO By:
LS3M INDIANA Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/24
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $. 180,000.00 Other Project Ref._IP24-044L
Water System $ Bond No. _ 016250716
Rec. Water $ Premium $ 990.00
Sewer System $
Total $. 180,000.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address 175 Berkeley Street Address 300 Spectrum Center Drive #880 City/State Boston, MA City/State _Irvine, California
Lip code02116 Zip 92618
Phone -(617) 357-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 PM38156 Landscape POC5, IP24-044L, which agreements), dated 8/T12025 , 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 LIBERTY MUTUAL INSURANCE COMPANY, as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Eighty Thousand Dollars, ($180,000.00) 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 OR
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 August 21 , 2025
NAME OF PRINCIPAL: MENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
By: D. Baker
Name: Linda D. Booker
Title: Secretary & Chief Financial Office
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Attorney-in-Fact
Its Attorney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA 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 Califonia Georgia
county of Fulten
Laura Taylor
on August 25, 2025 _ before me, _
personally appeared Linda P. Booker
Name(s) of Signers)
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/she/they executed the same in histher/their authorized capacity(ies), and that by his/ner/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
LAURA TAYLOR paragraph is true and correct.
NOTARY PUBLIC
Gwinnett County WITNESS my hand and official seal.
State of Georgia
My Comm. Expires 06/18/26
• Sama daya
Signature
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: _
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 • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:.
©2019 National Notary Association
SURETY 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 Georgia
County of Cherokee
. 2025 before me,_Elizabeth K. Sterling, Notary Public, personally appeared Megan K. Douaire who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
ASSION SA WITNESS my hand and official seal.
PUBLIC
SPOKEE COUNTA UARY 14.? Signature of Notary Public
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutual. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, tha Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizec under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan K.
Douaire; Sandy K McElhaney; Benjamin A. Stahl; Elizabeth K. Sterling all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, sea, acknowedge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been afixed thereto this 5th day of May 2025
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
INSURANCE CASUALTY CORPORATE West American Insurance Company CORPORATE „CORPORATE
1912 1919 1991 Math1 L
OHIO
ACHUSE INDIANA
guarantees. ISEM By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS ) verification inquiries, [email protected]. letter of credit, On this Sth day of _ 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. (POA Commonwealth of Pennsylvania - Notary Seal
interest rate or residual value ОМОНИЕНТ Teresa Pastella, Notary Public Pastella Montgomery County
My commission expires March 28, 2029 By:
Commission number 1126044
Teresa Pastella, Notary Public
Member, Pennsylvania Association of Notaries •Power of Attornev NOTARY 610-832-8240 or email
Not valid for mortgage, note, loan, This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the and currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such For bond please call instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIlI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairan or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of August _2025.
TUAL INSURANCE SUALTY CORPORATE AMERICAN CORPORATE
1912 1919 1991 8
SASDACHUSES By:
INDIANA ANTON Renee C. Liewellyn, Assistant Secretary
LS3M
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MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ Parcel Map PM38156
Landscape $ 180,000.00 Other Project Ref. IP24-044L
Water System $ Bond No. 016250716
Rec. Water Premium $ 990.00
Sewer System $
Total 180,000.00
Surety LIBERTY MUTUAL INSURANCE COMPANY Principal Menifee Commerce Center I, LLC Address 175 Berkeley Street Address 300 Spectrum Center Drive #880 City/State Boston, MA City/State_Irvine, California
Zip_02116 Zip _ 92618
Phone (617) 357-9500 Phone (949) 702-4548
WHEREAS, the City Council of the City of Menifee, State of California, and Menifee Commerce Center I, 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 PM38156 Landscape POC5, IP24-044L, which agreements), dated 8/7/2025 _, 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 One Hundred Eighty Thousand Dollars, ($180,000.00) 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 August 21
NAME OF PRINCIPAL: MENIFEE COMMERCE CENTER I, LLC
AUTHORIZED SIGNATURE(S):
Die a Bane
By:
Linda D. Booker
Secretary & Chief Financial Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: LIBERTY MUTUAL INSURANCE COMPANY
AUTHORIZED SIGNATURE: Mega k 0 c. Attorney-in-Fact
Its Aftorney-in-Fact Title
Megan K. Douaire
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
058008880018088B89933830803398030008883988883355539589S99GEESE BED BITSBES 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 Galifornia Georgia
County of Fulton
on August 25, 2025 before me, Laura Taylor, Notary
Here Insert Name and Title of the Officer
personally appeared Linda D. Booker
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels iSlare 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
LAURA TAYLOR
laws of the State of California that. the foregoing
NOTARY PUBLIC
paragraph is true and correct.
Gwinnett County
State of Georgia WITNESS my hand and official seal.
My Comm. Expires 06/18/26
• Lama Layt
Signature
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 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 or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
SURETY 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 Georgia
County of Cherokee
On 21st day of August , 2025 before me,. Elizabeth K. Sterling, Notary Public, personally appeared Megan K. Douaire who proved to me on the basis of satistactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
DI WITNESS my hand and official seal.
MISSION ENO
ig NOTARY mi
PUBLIC Senature _
MARY 14? Signature of Notary Public
Commission No. W-00684089
Commission Expires 01/14/2029
Liberty POWER OF ATTORNEY
Mutual. Certificate No: 8213983-016072
Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan K Douaire; Sandy K McElhaney; Benjamin A, Stahl; Elizabeth K. Sterling all of the city of Atlanta state of each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this day of 2025
Liberty Mutual Insurance Company
INSURANCE The Ohio Casualty Insurance Company
MUTUAL CORPORA CASUALTY CORPORATE INSURANCE «COPOPATE West American Insurance Company 1912 1919 1991
1143811 OHIO ANTAWOD Math1 L
INDIANA
THI By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (POA) verification inquiries, [email protected] On this 5th day of May
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. interest rate or residual value guarantees IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
TERESA Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County Pastella
My commission expires March 28, 2029 By:
Not valid for mortgage, note, loan, letter of credit, CONNSYLVIAET Commission number 1126044 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
NOTARY PUBLIC
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the please call 610-832-8240 currency rate, President may prescribe, shall appoint such attoreys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attormey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of altomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of August 2025
UTUAL INSURANC INSURANGE
CORPORATE CORPORATED CORPORATE
1912 1919 1991
8 By: Rene C. Llewelyn, Assant Secretary
INDIANA
1S3M
LMS-12873 LMIC OCIC WAIC Multi Co 02/24