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KB Home Coastal, Inc. Faithful Performance Bond TM30142-2 30029021 ***Executed in Triplicate*** r, !' ` EN,FE \` Community Development Department FAITHFUL PERFORMANCE BOND FOR MODEL HOME COMPLEX CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year Maintenance $ e001 Q0 Tract/Parcel Map30142-2 Other Project No. _ Total $ ,z 6el�ZQ Bond No. 30029021 Surety The Continental Insurance Company Principal KB Home Coastal Inc,. Address 1455 Frazee Rd., Suite 300 Address 36310 Inland Valley Drive City/State San Diego, CA City/State Wildomar, CA Zip code 92108 Zip 92595 Phone 619-682-3515 WHEREAS, the City of Menifee, State of California, and, KB Home Coastal Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated landscape project, related to (Tract/Parcel)30142-2, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal and The Continental Insurance Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of Thirty-one thousand, Dollars_ 31 000 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 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 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 in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. GTr r MENIFEE FAITHFUL PERFORMANCE BOND -- FOR LANDSCAPE IMPROVEMENT AGREEMENT The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement 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. 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on January 25th 2018 NAME OF PRINCIPAL: KB Home Coastal Inc. AUTHORIZED SIGNATURE(S): 1 ame: S� 1-t Gts �t Title: YlGihnIY.J (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: The C ti ental Insurance Company AUTHORIZED SIGNATURE: Brenda Wong,Attorney-in-Fact t rney-in-Fact V Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. CALIFORNIA 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 California County of Riverside On January 26, 2018 before me, Brittney Lobo, Notary Public, personally appeared Scott Hansen, who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/a-r-e subscribed to the within instrument and acknowledged to me that he/chi executed the same in his/he4theif authorized capacity(ies), and that by his/her his/he4the# 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. BRIUNEY LOBO Notary Public-California Z Z Riverside Ccuntv > ] Commission=2219518 �' � My Comm.Expires Oct 22.2021 LL _7 I J+w�� Bri y Lobo (SEAL) CALIFORNIA ALL-PURPOSE 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 County of Los Angeles JAN 2 5 Z�018 On before me, M. Gonzales, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(-,) whose name(-,) is/aye-subscribed to the within instrument and acknowledged to me that 4e/she/#aey executed the same in 4+s/her/th-,-_ authorized capacity4&s4, and that by 4+&/her/theiF-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. (seal) Signature M.GONZALES M. Gonzales, otary Public Notary Public-California Los Angeles County '> why '" Commission#2213628 My Comm.Expires Oct 5,2021 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Tenzer V Cunningham,Brenda Wong,Kari Davis,Martha Gonzales,Individually of Los Angeles,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal,and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of June,2017. The Continental Insurance Com an. �wSpR•. P y 'Z Boa O; "�"'•+• Paul V Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 14th day of June,2017,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.MOHR (�SEAL)NOTARYFU=LIC i, `�SOUTH DAKOTA SE/:L My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. tRtili$y2lteof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of •;�p.LSU*•• The Continental Insurance Company ••••�"�"'••• D.Johnson Assistant Secretary Form F6850-4/2012