Surety Bond No._SU1172230
Premium included in Performance bond
LABOR AND MATERIAL BOND
(CONSTRUCTION)
WHEREAS, the City of Riverside, a municipal corporation of the State of California, and FB215, LLC _ hereinafter referred to as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated August 12th_/ 2022, and identified as Agreement for Construction of Improvements for project designated as Parcel Map 37902, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Riverside to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW THEREFORE, said principal and Arch Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of _ and duly licensed by the State of California for the
purpose of making, guaranteeing or becoming sole surety upon undertakings required or authorized by the laws of the State of California, as Surety, and held firmly bound unto the City of Riverside and contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Ninety-One Thousand Six Hundred Fifty and 00/100 dollars ($191, 650.00) 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 Riverside in successfully enforcing such obligations, 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 thereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 said agreement or the 1 311-59/CL 427B (Rev. 6/88)
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on August 12 , 2022.
FB215, LLC Arch Insurance Company
Surety
BY_ Ktt
Attorney-in-fact Kim Heredia
550 South Hope Street, Ste. 2600
Address of Corporate Surety
Los Angeles, CA 90017
City Zip Code
(213) 283-3500
Phone
Approved as to Form:
SullivanCurtisMonroe Insurance Services, LLC
Producer (Bond Issuing Agent)
By: 1920 Main Street, Suite 600
Anthony L. Beaumon Address
Deputy City Attorney
Irvine, CA 92614
City Zip Code
(949) 250-7172
Phone
NOTE: Signature of Attorney-in-fact to be acknowledged before a Notary Public.
Attach Power of Attorney.
2 311-59/CL 427B (Rev. 6/88)
CALIFORNIA 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 California )
County of Orange )
On . 8/12/2022 - before me, _E.A. GARIBAY, NOTARY PUBLIC (here insert name and title of the officer)
personally appeared _KIM HEREDIA-
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/xxxsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in Xxx/her/xxxix authorized capacity e, and that by xix/her/Xxxx signature(s) on the instrument the person(x), 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 E. A. GARIBAY COMM. #2408744
State of California that the foregoing paragraph is true and correct. NR01 Notary Public - California Orange County
My Comm. Expires June 22, 2026P
WITNESS my hand and official seal.
Signature
(Seal)
E.A. GARIBAY, NOTARY PUBLIC
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer identification titled/for the purpose of Proved to me on the basis of satisfactory evidence:
• form(s) of identification O credible witnesses)
Notarial event is detailed in notary journal on:
containing pages, and dated Page # Entry #
The signers) capacity or authority is/are as: Notary contact:
Atoneyin a Other
Additional Signer(s) Signer(s) Thumbprint(s)
L Corporate Officers)
Title(s)
• Guardian/Conservator
• Partner - Limited/General
• Trustee(s)
• Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing © Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
AIC 0000351478
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.
Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative offfice in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Edith Garibay, Eugene T. Zondlo and Kim Heredia of Irvine, CA (EACH) its true and lawful Attorneys)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10, 2020:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this g day of September, 2021.
Attested and Certified Arch Insurance Company
CORPORATE ompany
A.S1
Arch SEAL
1971
Regan A. Shulman, Secretary Stephen C. Ruschak, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS Missouri
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
Commonwealth of Pennsylvania - Notary Seal Michele
MICHELE TRIPODI, Notary Public dripde
Philadelphia County
My Commission Expires July 31, 2025 Michele Tripodi, Notary Public Commission Number 1168622 My commission expires 07/31/2025
CERTIFICATION
1, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 8, 2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of A. 81
Regar A. Shulman, Secretary
The ponto andray in the ries else mand therein to the bonds and undertakings specially named therein and they have no authority to bind the Company Rich Insur company
CORPORATE
SEAL
1971
Missouri
To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at [email protected] Please refer to the above named Attorney-in-Fact and the details of the bond to which the power is attached AICPOA040120 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Xõ%ấxõxấxõờờờNĩĩtxxxõñĩtấờờõấấấ"ããäaãataax tấtata*
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 August 15, 2022 before me, Eva M. Santana, Notary Public Date Here Insert Name and Title of the Officer
personally appeared James L. Fullmer
Name(s) of Signer(s)
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.
deefutu
EVA M. SANTANA Signature
Notary Public - California Signature of Notary Public
Orange County
Commission # 2266321
My Comm. Expires Nov 10, 2022
Place Notary Seal Above
- OPTIONAL -
Though this section is 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 L Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator ] Other: • Other:
Signer Is Representing: _ Signer Is Representing: _
1ư00x
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907