CITY OF
PAYMENT BOND
MENIFEE IMPROVEMENT PROJECTS
CITY OF MENIFEE, STATE OF CALIFORNIA
Streets and Drainage: $ 0.00 Tract/Parcel Map #: APN 360-350-014 Riv. Co. Flood Control: S 0.00 Other Project Ref: IP26-016U Water System: $ 106,000.00 Bond No. CE11857100167
Recycled Water: 0.00 Premium Amount: $5,250.00/2 Year Term Sewer System: $ 69,000.00
Landscape: $ 0.00
TOTAL SECURITY: $ 175,000.00
Surety: Philadelphia Indemnity Insurance Company Principal: Fitwell Realty, LLC Address: 231 St. Asaph's Rd., Suite 100 Address: 28507 Lilac Court City/State: City/State Murrieta, CA
Bala Cynwyd, PA
Zip Code: 19004-0950 Zip Code: 92563
Phone: 626.639.1881 Phone: (949) 337-9249
WHEREAS, the City Council of the City of Menifee, State of California (hereinafter designated as "city"), and Fitwell Realty, a California Limited Liability Company (hereinafter designated as "principal") have entered into an agreement whereby the principal agrees to install and complete certain designated public and/or private improvements, which agreement, dated and identified as Public Improvement Agreement, Project No.
IP26-016U, APN 360-350-014, for the Construction of Water and Sewer Improvements is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the city 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.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the city and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Seventy- Five Thousand dollars ($175,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 city in successfully enforcing this 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 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.
CITY OR
PAYMENT BOND
MENIFEE IMPROVEMENT PROJECTS
CITY OF MENIFEE, STATE OF CALIFORNIA
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 agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
he surety further stipulates and agrees that the provisions of section 2845 of the Civil Coo re not a condition precedent to surety's obligations hereunder and are hereby waived b surety.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 26. 2026
NAME OF PRINCIPAL: Fitwell Realty, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Tamer El-Guindy
Title: Chief Executive Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: Aackets Edward N. Hackett, Attorney-in-Fact Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
A notary public or other officer completing this
chine erie dou the dentity or the dials
attached, and not the truthfulness, accuracy, or
State of California Riverside
County of
On July 2, 2026 before me, Analaura Nicolas Mercado, Notary Public (insert name and title of the officer)
personally appeared Tamer El Guindy
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ANALAURA NICOLAS MERCADO Notary Public - California
Riverside County
Commission # 2440058
My Comm. Expires Mar 1, 2027
Signature Analana Nicolas Murado (Seal)
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 State of California
County of Orange
On JUN 2 6 2026 before me, Carly P. Matlock , Notary Public (insert name and title of the officer)
personally appeared_Edward N. Hackett
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 ir his/her/their authorized capacity(ies), and that by his/her/their signature(8) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
CARLY P. MATLOCK
WITNESS my hand and official seal. COMM. #2423661
Votary Public - California
Orange County
My Comm. Expires Oct. 27, 2026P
Signature Carlyuatlock (Seal)
Carly P. Matlock
SUP 0082 CA (10/14)
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and This Power of Attorey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"h of November 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute
FURTHER
RESOLVED: Such Prower of to yur oftend the sad of the family may be sic no are. which it is attached
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND IT:
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF OCTOBER 2024 1927
(Seal)
Glomb. President & CEO
Philadelphia Indemnity Insurance Company
In this S'* day of October, 2024 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swor said th e is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is th Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Vanesse Mckenzie
mmonwealth of Pennsylvanla - Notary S
nessa Mckenzie, Notary Pub
elaware Cour
Member. Pannaylvan. # Association of Notaries residing at: Linwood, PA My commission expires: November 3, 2028
Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board Directors and the Power of Attorney issued pursuant thereto on the 5th day October 2024 are true and correct and are still in full force and effect. I do further certify th PHILADELPHIA DENT INSURANCE COMPsident, was on the date of execution of the attached Power of Attorney the duly elected President of In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ 26th _ day of June . 2026 El Sor
1927 PHILA SEE A DES INSURANCE COMPANY
No. 3576-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company
of Pennsylvania, organized under the laws of Pennsylvania, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the IIh day of September, 2015, I have hereunto set my hand and caused my official seal to be MAMA affixed this 11'h day of September, 2015.
Dave Jones
Insurance Commissioner
Valu tast
By Valerie Sarfaty
for Nettie Hoge
Chief Deputy
NOTICE:
Dualification with the Secretary of State must be accomplished as required by the Califomia Corporations Code promptly afte issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds fo revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein,
CITY ON
FAITHFUL PERFORMANCE BOND
MENIFEE IMPROVEMENT PROJECTS
CITY OF MENIFEE, STATE OF CALIFORNIA
Streets and Drainage: 0.00 Tract/Parcel Map #: APN 360-350-014 Riv. Co. Flood Control: $ 0.00 Other Project Ref: IP26-016U Water System: $ 106,000.00 Bond No. CE11857100167
Recycled Water: $ 0.00 Premium Amount: $5,250.00/2 Year Term Sewer System: $ 69,000.00
Landscape: $ 0.00
TOTAL SECURITY: $ 175,000.00
Surety: Philadelphia Indemnity Insurance Company Principal: Fitwell Realty, LLC Address: 231 St. Asaph's Rd., Suite 100 Address: 28507 Lilac Court City/State: City/State Murrieta, CA
Bala Cynwyd, PA
Zip Code: 19004-0950 Zip Code: 92563
Phone: 626.639.1881 Phone: (949) 337-9249
WHEREAS, the City Council of the City of Menifee, State of California (hereinafter designated as "city"), and Fitwell Realty, a California Limited Liability Company (hereinafter designated as "principal") have entered into an agreement whereby the principal agrees to install and complete certain designated public and/or private improvements, which agreement, dated and identified as Public Improvement Agreement, Project No.
IP26-016U, APN 360-350-014, for the Construction of Water and Sewer Improvements is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the city, in the penal sum of One Hundred Seventy-Five Thousand dollars ($175,000.00) lawful money of the United States, for the payment of which sum well and truly to 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 bounded 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 agreement 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 city, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE IMPROVEMENT PROJECTS
CITY OF MENIFEE, STATE OF CALIFORNIA
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
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_ June 30, 2026
NAME OF PRINCIPAL: Fitwell Realty, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Tamer El-Guindy
Title: Chief Executive Officer
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Philadelphia Indemnity Insurance Company AUTHORIZED SIGNATURE: Ankets Edward N. Hackett, Attorney-in-Fact Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On July 2, 2026 before me, Analaura Nicolas Mercado, Notary Public (insert name and title of the officer)
personally appeared Tamer El Guindy
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ANALAURA NICOLAS MERCADO Notary Public - California
Riverside County
Commission # 2440058
My Comm. Expires Mar 1, 2027
Signature Analana nicoloo Arenado (Seal)
ACKNOWLEDGMENT
State of California
County of Orange
On JUN 3 0 2026 before me, Carly P. Matlock , Notary Public (insert name and title of the officer)
personally appeared_Edward N. Hackett
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. CARLY P. MATLOCK
COM. #2423661
Votary Public - California
Orange County
My Comm. Expires Oct. 27, 2026 P
Signature carlyuattoce (Seal)
Carly P. Matlock
SUP 0082 CA (10/14)
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Edward N. Hackett and Christine Maestas of Hackett Bonds & Insurance Services, L.L.C, its true and lawful Attorey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50.000.000.00.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'" of November 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attoreys) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of which it is attached.
IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF OCTOBER 2024. 1927
(Seal)
Philadelphia Indemnity Insurance Company
1 this 5" day of October, 2024 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swor said t : is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is 1 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:
ommonwenith of Ponnsylvania - Notary Sea Vanessa Mckengie fanessa Mckenzie, Notary Publi
Delaware County
My commission expires November 3, 2028
Commission number 1366394
Member. Pannaylvan A Association of Notaries residing at: Linwood, PA My commission expires: November 3, 2028
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 30th_ day of June El San
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
No. 3576-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company
of Pennsylvania, organized under the laws of Pennsylvania, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 11" day of September, 2015, I have hereunto set my hand and caused my official seal to be affixed this 11h day of September, 2015.
Dave Jones
Insurance Commissioner
Valu: Sas
By Valerie Sarfaty
for Nettie Hoge
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.