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KB Home Coastal, Inc. Faithful Performance Bond TR29835-4 024252534FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Streets and Drainage $ 1,906.500.00 Riv. Co. Flood Control $ Water System $ Rec. Water $ Sewer System $Total $ 669-000.00 720,500.00 Bond No Premium 024252534 $ 1e,776.00 3 296 000.00 PrincipaI KB Home Coastal,lnc. Address 36310 lnland Valley Drive City/State Boston MA City/State Wildoma CA zip code 02116 Zip 92595 Phone 617-3s7-9soo WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal lnc.(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 SuretY , ,^c4y Mutua, hsurance co'npan).Address '175 Berkeley Street designated public improvements relating to TR298354 / lP19-041 , which agreement(s), OateO <\atrlat , 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); 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(s) 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. Tract Map UndeMood TR298354 Other Proj. Ref. lP'19-041 Phone (95'1) 691-5300 NOW THEREFORE, we the principal and Liberty Mutual lnsurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Three Million Two Hundred Ninety Six Thousand and no/100, Dollars, ($ 3.296.000.00) 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. FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement(s) 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 agreement(s) or to the work or to the specifications.. Surety further stipulates and agrees that the provisions of Section 2845 ol 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 agreement(s) is complete, the City of Menifee will accept the work and thereupon, the amounl of the obligation of this bond is reduced by 90% with the remaining 10olo held as security for the one-year maintenance period provided for in the agreement(s). lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on May 25th 2021 NAME OF PRINCIPAL AUTHORIZED SIGNATURE(S): By: Scott Hangen 'llc€ Presid€nt, Forwrrl Pld[*[ (IF CORPORATION, AFFIX SEAL) NAME OF SURETY:Libe ual lnsurance Co ny AUTHORIZED SIGNATURE Brenda Wonq, VP rney-in-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEYJN.FACT. KB Home Coastal, lnc. Title: CALIFORNIA ALL-PU RPOSE ACKNOWLEDGMENT A notary public or other officer completing this certiricate 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. County of Riverside On .tl)olt before me, Shannon Luebs, Notary Public, 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 offlcial seal :, SHANNON I-UE8S NoLry Plbh - C,l omra Rm6rde Corty Comlll,sson : 2209'141 My Conm Erpires AL,g 10.202j (SEAL) )nl,rv* Shannon Luebs State of California personally appeared Scott Hansen, 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/shelthey executed the same in his/h€#thei+ authorized capacity(ies), and that by his/he#their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ffiw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S1189 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 Aneeles on MAY 252021 before me, M.Gonzales , Notarv Public, personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a+e-su bscribed 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/the+csignature(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. (seal)5 ignatu re ?h,&-Yt4,,i,Lr,.a M.Gonzales, Not/ry Public jgktw M 6ONZALES Notnryt,ubli( Calilornia tor Ang{rlerCouaty Commitsion | 2211628 Myfonnr. txprrer Oct 5,20i1 appeared Brenda Wong LibertvMutuil" This Powgl of Attorney limils the acls ofthose named herein, and th€y have no authority to bindthe Company except in the manner and to lhe extent herein 6tated. Liberty Mutual lnsurance Company The Ohio Casualty lnsurance Company West American lnsurance Company POWER OF ATTORNEY Cert ficale No 82023,19-024017 SURETY KNoWN ALL PERSoI{S BY THESE PRESENTS: That The ohio Casualty lnsurance Company rs a corpo.aton duly organized under the laws ol the State of NevJ Hampshfo, hal under the laws ol the State ol lndiana (horein colleclively called the 'Companies') pursuant to and by auhority herein sol forlh, doos hereby name consliiute and appoinl lenzer V Cunnrngham. Martha GoMales. l\4v llua. Mechcllc l.arkrn. }(rlhv l{ N4arr. Jo.lqurn Percz. Re,rna RanBl. Br€nda woDg allof the city ol state of ( alrtbrnra eact individually ifhere be nore than one named, iis lrLr6 and laMul attorney'in]act lo make ot th€se presenls and shall be as binding upon the Companies as il lhey have been dLrly srgned by lhe president and altesled by lhe sesetary of lhe Companies in lheir own proper pelsons lN WITNESS WHEREoF, ihis Powor ol Altorney has beon subscribed by afl authorized olfcer or olficialofthe Companies and lhe coporale seals olthe Companies have been affxed therelothis l4th d6yof Octobe. , 20l9 Liberty [.4utual Insurance Cornpany The Ohio Casualty lnsurance Company West Amencan lnsurance Company By David M. Caroy, Assislant SecGtary SIate of PENNSYLVANIA County ofMoNTG0MERY SS On this l4th day ot Oclobcr ,2019 belore me perconalry appeared oavid M. Carey, who ackno,rledged himsdflo be he Assistant Seoetary ol Libedy Mutual lnsurance Company, The Ohio Casualty Cornpany, and West Ameic€n lnsurance Company, and hat he as such, berng authonzed so lo do, erecute lhe foregoing inslrument for the pufoses thorsin conlained by signing on behaltofthe corporations by himsellas a dulyauthorized officer. lN WTNESS WHEREoF,lhave hereunlo subscribod my name and alfixed my notarial seal at King ofPrussia, Pennsylvania, on lhe day and year lirsl abovewntton. COMMONWEALIH OF PENNSYLVANIA Nol..iala*al Td6s P.d.ll. Nor,ary Publid lppqr M€mn Twp.. Mdl9Nrm.y Co!.ly My CoMr$io ErOiE. M.rch ?8, 2021 /-fil- eresa Pastella, Notary Publicir.mhr, P66rv.^s Assro oi Nor.6 lnsurance Company and Wesl American lnsurance Corhpany which rcsolutions are now in full force and efiect reading as follofls: ARTICLE lV - OFFICERST S661jo0 1 2. Poror ot Anomey. pow€r to bind he Copo,alion by herr signaluro and executon ofany such inslrumenls and lo attach hercto the seal ol lhe Coeorstion. When so executed, such inslrumenb shall article may bo revo*ed at any lime by the Boad the Chaiman, the President or by he olfic€r or oficers granling such po$,e( or suhoity. ARTICLE Xlll- Erecution of Contra.l6: Section 5 Surety Bonds and Undertakngs. shall appoint sud altomE$n-fact, as may be necessary lo act in behalf of he Company to make, execule, s€al, aakno/lodge and deliv€r 8s surety any and all undortakings, Company by lheir signahlre and eroculion of any such instruments and to attach thereto lhe seal ol lhe Company. When so erecuted sudr instumeflts shall be as binding as i, signed by the presid€nt and aliested by lhe secrelary obligatiois. Company, wherevgr appearing upon a certilied.!py o, any power of altoroey issu6d by lhe Company in conneclion with surety bonds, shallbe valid 8nd binding upon he Company with he samo force and 6fhct as hough manually affired hasnotbeenrevoksd. ' ifAY 26202t Itl TESTIMoI{Y WHEREoF,lhave hereuntosetmy hand and aftixed the seals ofsad Companies thE day ot '19't 9 Y 1912t \NS a s oq, c(E EEgo)(Jo o; 6> EE-o Ep OO6aCO $e9E6EF.:q,oo !>oc>tDo=z6 !. P4s - o:!: Pa gq?<{ o_}Eo(Eoo o c\l N o (o (E E o F 19'.12r \NS 1919 '1991z \NS By ee Llewellyn. Assistanl Secretary By: 1991 LMS-12873 LMICOCIC WAIC MUI Co-062018