CITY ON
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Street/Drainage $ 232,500.00 Parcel PM38324, Parcel 1 Dom Wtr $ 6,000.00 Other Project No. IP23-007
Rec Wtr $ 0.00 Bond No. 016240136
Sewer $ 2,500.00 Premium $ 1205.00
Total $ 241,000.00
Surety Liberty Mutual Insurance Company Principal Chick-fil-A, Inc.
Address 175 Berkeley Street Address 5200 Buffington Road City/ State Boston, MA City/State Atlanta, GA
Zip code 02116 Zip 30349
Phone (617) 357-9500 Phone 404-530-1828
WHEREAS, the City Council of the City of Menifee, State of California, Chick-fil-A, Inc. (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 PM38324 Parcel 1, which agreements), dated 06/15/2023 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 Two Hundred Forty One Thousand and 0/100 Dollars, ($241,000.00) 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
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 there under 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 June 15 2023
NAME OF PRINCIPAL: Chick-fil-A, Inc.
AUTHORIZED SIGNATURE(S):
By: Lest
Name: Katherine Light
Title: Director
(IF CORPORATION, AFFIX SEAL)
AUTHORIZED SIGNATURE:
Its Attorney in-Fact Stephanie Gross Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
ACKNOWLEDGMENT
LA 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
State of California Orange
On 06/19/2023 before me, Beth E Witt, Notary Public
(insert name and title of the officer)
personally appeared Katherine Light
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. BETH E. WITT
Notary Public - California
Orange County
Commission # 2353099
My Comm. Expires Mar 27, 2025
(Seal)
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Street/Drainage $ 116,250.00 Parcel PM38324, Parcel 1 Dom Wtr. $ 3,000.00 Other Project No. IP22-063
Rec Wtr $ 0.00 Bond No. 016240136
Sewer $ 1,250.00 Premium $ 1205.00
Total $ 120,500.00
Surety Liberty Mutual Insurance Company Principal Chick-fil-A, Inc.
Address 175 Berkeley Street Address 5200 Buffington Road City/ State Boston, MA City/State Atlanta, GA
Zip code Zip 30349
02116
Phone (617) 357-9500 Phone 404-530-1828
WHEREAS, the City Council of the City of Menifee, State of California, and Chick-fil-A, Inc., (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 _PM38324 Parcel 1, which agreements), dated 06/15/2023 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 thousand Five Hundred and 0/100 Dollars, ($120,500.00) 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 June 15, 2023
NAME OF PRINCIPAL: Chick-fi-A, Inc.
AUTHORIZED SIGNATURE(S):
By: tent
Name: Katherine light
Title: Director
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Liberty Mutual Insurance Company
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact Stephanie Gross 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
State of California
County of Orange
On 06/19/2023 before me, _ Beth E Witt, Notary Public
(insert name and title of the officer)
personally appeared Katherine Light
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.
BETH E. WITT
WITNESS my hand and official seal. Notary Public • CalMornia Orange County
Commission / 2353099
My Comm. Expires Mar 27, 2025
sono eth Witt (Seal)
CHICK-FIL-A, INC.
INCUMBENCY CERTIFICATE
The undersigned hereby certifies as follows:
1. 1, Lynette Eaddy Smith, am the duly elected Executive Vice President, General Counsel, and Secretary of Chick-fil-A, Inc.
I hereby certify that Katherine Light is a Director in the Real Estate Legal Department and has the authority to execute certain documents relating to real estate and development transactions on behalf of Chick-fil-A, Inc.
IN WITNESS WHEREOF, the undersigned has hereunto subscribed her name as 2023
of the 19 day or June 2021.
Executive Vice President, General Counsel,
and Secretary
[CORPORATE SEAL]
CHICK-FIL-A, INC.
CERTIFIED RESOLUTIONS (CALIFORNIA TRANSACTIONS)
1, Lynette Eaddy Smith, hereby certify that I am the Executive Vice President, Secretary, and General Counsel of CHICK-FIL-A, INC., a Georgia corporation (the "Company"), that the following is a true and correct copy of the resolutions duly adopted by the Board of Directors of the Company (the "Board") effective as of January 1, 2021 (the "Resolutions"), and that such Resolutions have not been repealed, altered or amended and remain in full force and effect as of the date hereof:
WHEREAS, the Company, pursuant to its development plan and in the operation of its business, (i) purchases numerous parcels of real property ("Real Estate Purchases"), (ii) leases numerous parcels of real property pursuant to ground or space leases, and engages in lease acquisition transactions (collectively, "Real Estate Leases"), as sites for the future construction of Chick-fil-A restaurants, domestically and specifically including the State of California ("California"); WHEREAS, the Company, pursuant to its development plan and/or in the operation lof its business, may from time to time enter into transactions regarding the termination of certain Real Estate Leases or the sale of real property owned by the Company, domestically and specifically including California (together with the Real Estate Purchases and the Real Estate Leases, the "Real Estate Transactions");
WHEREAS, the Company, in connection with the Real Estate Transactions, and pursuant to its development plan and in the operation of its business, may from time to time enter into development and construction transactions and agreements, domestically and specifically including California; and WHEREAS, the Board desires to authorize, empower and direct the officers of the Company to enter into contracts to purchase or lease real property and to authorize, empower and direct the officers and certain employees of the Company to negotiate, close and consummate Real Estate Transactions and Development Transactions, and any and all other transactions and agreements related or ancillary thereto, from time to time during the 2021 calendar year (the "Transaction Period"), domestically and specifically including California, without obtaining further action, approval or authorization of the Board, subject to certain limitations as hereinafter provided
NOW, THEREFORE, BE IT RESOLVED, that effective as of January 1, 2021 and for Transaction Period, the duly elected officers of the Company (the "Authorized Officers"), and each of them, acting alone, hereby is, authorized, empowered and directed, on behalf of the Company, to negotiate and consummate Real Estate Transactions and Development Transactions, and any and all other transactions and agreements related or ancillary thereto, from time to time during the Transaction Period, domestically and specifically including California, without further action, approval or authorization of the FURTHER RESOLVED, that further approval of the Board shall be required if the aggregate purchase price in connection with all Real Estate Purchases consummated by the Company during the Transaction Period shall exceed $150,000,000.00;
FURTHER RESOLVED, that the Authorized Officers, and each of them, acting alone, hereby is, authorized, empowered and directed, on behalf of the Company, to execute and deliver all documents, certificates, agreements and instruments necessary or appropriate to consummate all Real Estate Transactions and Development Transactions, domestically and specifically including California, and any and all other transactions and agreements related or ancillary thereto, upon such terms as may be deemed by such Authorized Officers to be in the best interests of the Company, including, without limitation, purchase and sale agreements, leases, license agreements, assignments, amendments, easements, closing certificates and other documents to be executed in connection therewith or pursuant thereto; I hereby certify that the following individual is a duly elected and appointed officer of the Corporation, holding the office set forth opposite his/her name and having the authority to execute an leliver documents on behalf of the Corporation, including those documents authorized pursuant to the foregoing resolutions.
Name: Title:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this _day of 2021.
timelessnth
Lynette Eaddy Smith
Executive Vice President,
Secretary, and General Counsel
[CORPORATE SEAL]
2 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8208665-022029 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Chio Casualty Insurance Company is a corporation dully organized under the laws of the State of New Hampshire, that Liberty Mutuall 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, Amanda Turman-Avina; Barbara Norton; Jennie Goonie; Jessica Richmond; Joyce Johnson; Laura E. Sudduth; Mario Arzamendi; Mary Ann Garcia; Philip N. Bair; Stephanie Gross; Tannis Mattson; Teuta Luri
all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attomey-in-fact to meke, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad 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 duty 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 30th day of August 2022
Liberty Mutual Insurance Company
The Chio Casualty Insurance Company
A CORPORATE СОПРОВАТЬ West American Insurance Company
1912 1919 1991
ОНІО ANTON
ANVAW INDIANA
THI By:
David M Carey, Assistant Secretary
State of PENNSYLVANA
County of MONTOOMERY SS
POA) verification inquiries,
letter of credit On this 30th day of _ 2022before me personally appeared David M. Carey, 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 King of Prussia, Pennsylvania, on the day and year first above written.
ERESA PASTELL
Commonwealth of Pennsylvanis - Notary Seal
currency rate, interest rate or residual value guarantees. Teresa Pastella, Notary Public Montgomery County Pastella please call 610-832-8240 or email [email protected].
My commisslon expires March 28, 2025 By:
Commission number 1126044
Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public 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:
For bond and/or Power of Attorney
ARTICLE IV-OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chaiman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-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 altomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shal 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 attorney-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 attormeys-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 David M Carey, 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. Lewellyn, 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 attorney 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 15th day of June _ 2023.
NSURANCE CORPORATE INSURANCE MERICAN CORPORATE
1912 1919 1991
By:
INDIANA Renee C. Lewellyn, Assistant Secretary
LS3M
LMS-12873 LMIC OCIC WAIC Muiti Co 02/21
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of • Texas }
County of Harris }
On June 15, 2023 before me, Jessica Richmond , Notary Public (Here insert name and tile of the officer)
personally appeared Stephanie Gross
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.
JESSICA RICHMOND
WITNESS my hand and official seal. E Notary Public, State of Texas Comm. Expires 05-07-2027
Notary ID 128519389
Notary blic Signatu (Notary Public Seal)
My Commission Expires: 05/07/2027
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Bond law.
(Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages_ | Document Date 6/15/2023 commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-scal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form.
Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.c. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of •
County of
On before me,
(Here Insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public Signature (Notary Public Seal)
• My Commission Expires:
INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
as the wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages. Document Date. commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form.
Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.