FAITHFUL PERFORMANCE BOND
MENIFEE. CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets/Drainage $ 1,934,500.00 Tract/Parcel Map: TM38766 *Flood Control $ 0.00 Other Project No. IP25-012S/SD/U/SS Water System $ 416,500.00 Bond No. 1001199535
Rec. Water $ 0.00 _Premium $ 26,440.00 / Annually
Sewer System $ 293,000.00 Initial Term is Fully Earned
Total $ 2,644,000.00
Surety U.S. Specialty Insurance Company Principal Garbani Road 134 Owner, LLC Address 13043 Northwest Freeway Address 15635 Alton Pkwy, Suite 360 City/ State Houston, TX City/State Irvine, CA
Zip code 77040 Zip 92681
Phone (713) 324-1000 Phone (949) 418-1143
WHEREAS, the City Council of the City of Menifee, State of California, and Garbani Road 134 Owner, 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 TM38766, 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 U.S. Specialty Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Six Hundred Forty- Four Thousand, Dollars, ($2,644,000.00) 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 OF
MENIFEE
he surety hereby stipulates and agrees that no change, extension of time, alteration o daltion to the terms of the agreements) or to the work to be performed thereunder or th 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 October 13th
NAME OF PRINCIPAL: Garbani Road 134 Owner, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: LEONARD S. MILLEn
Title: CEO
(IF CORPORATION, AFFIX SEAL) aly Insurance
NAME OF SURETY: U.S. Specialty Insurance Company
palery ПАНЕНИЦИН
AUTHORIZED SIGNATURE:
Jonathan Batin, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
State of California
County of Orange
On October 20, 2025 before me, Natasha Le, Notary Public (insert name and title of the officer)
personally appeared Leonard S. Miller
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.
NATASHA LE
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2402702
My Comm. Expires May 1, 2026
Nicash t
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 Orange
On OCT 1 3 2025 _ before me, Zyanya Q. Hernandez, Notary Public. personally appeared Jonathan Batin
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 State of California that the foregoing paragraph is true and correct.
ZYANYA Q. HERNANDEZ
Notary Public - California
Orange County
Commission # 2497409 WITNESS my hand and official seal.
My Comm. Expires Aug 12, 2028
SIGNATURE
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:_
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Erik Johansson, Jennifer Anaya, Melissa Lopez, Albert Melendez, Christina Rogers, Joaquin Perez, Vanessa Ramirez, Jessica T. Garcia, Zyanya Hernandez or Jonathan Batin of Tustin, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ***** UNLIMITED ***** *** UNLIMITED ***).
This Power of Attorney shall expire without further action on January 31st 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1s1 day of February 2024.
eS SUREL Insuranc AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
NONDING
BONDING COMPANY, UNITED STATES SURETY COMPANY,
U.S. SPECIALTY INSURANCE COMPANY
INCORPORATED
SEPT. 25, 1990
By:
•CALEDANA Daniel P. Aguilar, Vice President
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 Los Angeles
On this 1s* day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company 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.
D. LITTLEPTELD
Motary Public - Callornia
Los Angeles County
Signature (seal) Commission / 2470570
My Comm. Expires Jan 31, 2028
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _day of October
BONDING COE TES SURENS
Bond No. 1001199535
Agency No. 19261 - PDF POA Kio Lo, Assisiant Secretary
•CALFORNIA STE OF TEST
HCCSMANPOA02/2024
visit tmhcc.com/surety for more information
Surety Group
TOKIO MARINE 801 S. Figueroa Street, Suite 700
HCC Los Angeles, CA 90017 USA
Tel: 310-649-0990
SURETY BOND SEAL ADDENDUM
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 corporate seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 1st day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company
LACTORS PONDING ES SURERA
SEPT. 25, 1990
HENCE THIN
By: — FRANK MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_DIGSEAL04/2020
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets/Drainage $ 1,934,500.00 _ Tract/Parcel Map: TM38766 *Flood Control $ 0.00 Other Project No. IP25-012S/SD/U/SS Water System $ 416,500.00 Bond No. 1001199535
Rec. Water $ 0.00 Premium $ Included in the Cost
Sewer System $ 293,000.00 of the Performance Bond
Total 2,644,000.00
Surety U.S. Specialty Insurance Company Principal Garbani Road 134 Owner, LLC Address 13043 Northwest Freeway Address 15635 Alton Pkwy, Suite 360 City/ State Houston, TX City/State Irvine, CA
Zip code 77040 Zip 92681
Phone (713) 324-1000 Phone (949) 418-1143
WHEREAS, the City Council of the City of Menifee, State of California, and Garbani Road 134 Owner, 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 TM38766, which agreements), dated is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreements), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Million Six Hundred Forty-Four Thousand, Dollars, ($2,644,000.00) 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.
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 _ October 13th 2025
NAME OF PRINCIPAL: Garbani Road 134 Owner, LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title: CEO
cally Ins
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: U.S. Specialty Insurance Company
palest ПІни"
AUTHORIZED SIGNATURE:
Jonathan Batin, Attorney-in-Fact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Orange
On October 20, 2025 before me, Natasha Le, Notary Public (insert name and title of the officer)
personally appeared Leonard S. Miller
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 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.
NATASHA LE
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2402702
My Comm. Expires May 1, 2026
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 Orange
OCT 1 3 2025
On _ before me, Zyanya Q. Hernandez, Notary Public,
personally appeared Jonathan Batin
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 State of California that the foregoing paragraph is true and correct.
ZYANYA Q. HERNANDEZ
Notary Public - California
Orange County
Commission # 2497409 WITNESS my hand and official seal.
My Comm. Expires Aug 12, 2028
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Erik Johansson, Jennifer Anaya, Melissa Lopez, Albert Melendez, Christina Rogers, Joaquin Perez, Vanessa Ramirez, Jessica T. Garcia, Zyanya Hemandez or Jonathan Batin of Tustin, California its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond ***** UNLIMITED***** Dollars (*** UNLIMITED ***)
This Power of Attorney shall expire without further action on January 31st 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability therender, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1t day of February 2024
SURET AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
STRACTORS NO BONDING COMPANY, UNITED STATES SURETY COMPANY, U.S. SPECJALTY INSURANCE COMPANY
By:
*CALIFORNIA STATE OF TENS Daniel P. Aguilar, Vice President 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 Los Angeles
On this 1s1 day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company 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. D. LITTLEFIELD
Notary Public - Callornia
Los Angeles County
Signature (seal) Commission 2476570
My Coram. Expires Jan 31, 2028
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this October
Bond No. 1001199535 LONGINE ST CAT BUT NE
Agency No. 19261 - PDF POA Kio Lo, sistant Secretary
- in
HCCSMANPOA02/2024
TOKIO MARINE
HCC
SURETY BOND SEAL ADDENDUM
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 1st day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company
BONDING ES SUREL
INCORPORATED
SEPT. 25, 1990
TE OF TEA
By: FRAnk MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_ DIGSEAL04/2020