KB Home Coastal, Inc. Faithful Performance Bond TM30142 024036009Ft: iSL:
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage
Water System
S6w6r System
3,672,000.00584,500.00 Bond No. 02403600e
506,500.00 Premium s+z 630.00
$
$
$
Surety LIBERTY IMUTUAL INSURANCE COMPANY Principal KB HOME COASTAL INC A CALIFORNIA CORPORATION
Address 330 N. BRAND BLVD STE #5OO
City/State GLENDALE CA City/State wrLDoMAR. cA
zip code 91203 Zip 92595
Phone (818) e56 4499 Phone rgsl ) 6s1 5245
WHEREAS, the City of Menifee, State of California,and xa Ho[,4r colsrlr rNc , A CALIFORNIA CORPORATION
(hereinaffer 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
public improvements relating to (TracuParcel) 30142 , 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 principa I and LtBERTY t\,turuAL TNSURANCE coMpANy
as surety, are held and firmly bound unto the City of Menifee in the penal sum of four million
seven hundred sixty three thousand and 00/100 Dollars ($ 4.763.000.00 ) 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
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 anyiudgment rendered.
TracUParcel Map 30142
Address 36310 TNLAND VALLEY DRrvE
FAITHFUL PERFORMANCE BOND
When the work covered by the agreement 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(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on SEPTEI\,4BER 15 2011
AUTHORTZED STGNATURE(S):
By:
N mei m( A4A eL ttAp,TR.
aD f cn,u./,/a-tlP Lln) *Folun
(tF coRPoRATrON, AFFTX SEAL)
NAME OF SURETY:LIBERTY MUTUAL INSURANCE COI\,4PANY
AUTHORIZED SIGNATURE:
ey-in-Fact Title
P ICIA S, TALAVERA, ATTORNEY-IN-FACT
(tF coRPoRATrON, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PR]NCIPAL AND
ATTORNEY.IN-FACT,
.-:iSL:
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.
NAME OF PRINCIPAL: (B sovE consrm rruc., r.r
CALIFORNIA ALL.PU RPOSE ACKNOWLEDGM ENT
On September 19. 2011 before me Richard R. Keller, Notary Public,
personally appeared Michael H. Freeman. Jr., 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/shelth€y executed the same in his/h€#th€ir authorized capacity(ies),
and that by his/he#thei+ signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instru ment.
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.
RICHARO R. KELLER
Commissro,t # 1918708
Nolary Publlc - Catr,ornia
Siyerside County
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l2- l/,/(--
My Comm tr ires Jan 21.2015
(SEAL )Richard R. Keller
State of California
County of Riverside
2tu
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Los Anqeles
sEP 15 20ll before me,Daravv Madv Notarv Public
personally appeared,Patricia S. Talavera
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument lhe person, or the
entity upon behalf of which the person acted, execuled the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
DARAVY MADYcoMM. tr8399t2 2dzNotat'l Publi(.California IoWITNES my hand and official seal tosAngeles County
Comm, E res Mar.9,2013
Notary Public Seal
SIGNAIU o
OPTIONAL
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES:DOCUMENT DATE:
CAPACTTY(rES) CLAIMED BY SIGNER(S)
Signer's Name:slsne/a Namo
INOIVIDUAL INDIVIDUAL
CORPORATE OFFICER !concomTE OFFICER
Title(3)-Tille(s)
!PARTNER(S)LIMITED GENERAL
ATTORNEY-IN.FACT
TRUSTEE(S)
GUAROIAN/CONSERVATOR GUAROIAN/CONSERVATOR
tr OTHER
Slonar lr rap,rtantlng:
NAME OF PERSON(S) OR ENTITY{IES)
Thouoh lhe dala below ig not required by latf, il may prove valuablo to peBon! relying on tho document and could pr€venl ftaudulenl aeattachment ol lhis torm.
DESCRIPTION OF ATTACHED DOCUMENT:
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NAME OF PERSON(S)OR ENNIY(IES)
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l|lIS POWEB OF ATTOHNEY IS NOT VALID UNLESS IT IS PFINTED oN RED BACKGRoUND.
This Power ot Attornsy llmltr the acts ol those named hereln, and thoy have no authorlty lo blnd lhe Company except ln lhs manne. and to
lhe extent hereln stated.
LIBEBTY MUTUAL INSUFANCE COMPANY
BOSTOI.I, MASSACHUSETTS
POWER OF ATTONNEY
KNOW ALL PERSONS BY THESE PBESENTS: That Liberty Mutual insurance Company (the 'Company'), a Massachusetls slock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set fonh, does hereby name, constitute and appoint
CESAR F. JAVIER, JEFFREY STRASSNER, KRISTINE MENDEZ, NATALIE K. TROFIMOFF, TENZER CUNNINGHAM,
CHRISTINA JOHNSON, PATRICIA S. TALAVERA, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFOBNIA.
, each individually if there be more than ons namsd, its true and lawful attorney-in-lact to make, execute, seal, acknowlsdge and deiiver, for and on its
behalf as surety and as ib act and deed, anv and all underlakings, bonds, rocognlzances and oher sur€ty obliqations in the penal sum not oxcggding
SEVENTY FIVE MILLION AND 00/100i**hh**d H*n - - DOLLARS ($ 75,000.d00.0U-*' )each, and th;
ons, in pursu@ding upon the
Company as if thoy had been duly signod by the president and attost€d by ths secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authorlty of lhs followlng Bylaw and Authorization:
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of th€ Company authorized lor that purpose in writing by the chairman or the president, and subiect to such limitiations as the
chairman or the pr€sidont may prescribe, shall appoint such attorn€ys-in-fact, as may be necessary to act in behalf of ths Company to maks,
€xecutg, seal, acknowledg€ and deliver as surety any and all und€rtakings, bonds, recognizances and other sur€ty obligations. Such
attomeys.in.facl, subject to the limitations sel forth in their resp€ctive powers of attorney, shall have tull power to bind tho Company by their
signaturo and execution of any such inslruments and to attach thereto the seal ol the Company. Whgn so executed such instruments shal, b6
as bindlng as if signed by ihe prssident and attested by the s€cretary.
By ths following instrument lhe chairman or the president has authorizsd the otlicor or other oficial named therein to appoint attomeys-in-fact:
Pursuanl to Article Xlll, Section 5 ol fle By-Laws, Gamst W. Elliott, Assistanl Secretary oI Liberly Mutual lnsurance Company, is hereby
authorjzed to appoint such anorneys-in-fact as may be necassary to act in behalf of the Company to make, execute, seal, acknowl€dgo and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and th6 Authorizalion set forth abov€ are true copies thEr€of and are now in full fo.ce and effect.
lN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized otficer or official of the Company and the corporale seal
Liberty Mutual lnsurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania lhis -ag!h- day ol
2008
October
By C*-* z,t 1*
Garnet W. Elliott, Assistanl Secretary
COMi/loNWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this -291h_ day o,October , .eQ9! , belore me, a Notary Public, porsonally came Gamet W- Elliott, to me known, and acknowledged
Mulual lnsurance Company; that h6 knows the seal of said corporation; and that he executad tho above
seal of Libsrty Mutual lnsurance Company thsr€to with the authority and at the dir€ction ol said corporation.
that he is an Asslstant Sscretary ol Liberty
Power of Attornoy and alfixed the coaporate
IN TESTIMONY WH subscribed my name and aflixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
of
)
?€
By
T sa Pastella, Notary Public
CERTIFICATE ,.n53. P.^dnt.,n a!..drlod ol lloL,lr
l, the underslgned,ol Liberty Mutual lnsurance Company, do hereby conity that the original pow€r of attorney of which the forsgoing
is a full, true and correct copy, is in full force and etfecl on the date of this c€rtificate; and I do further c€rtify that the officer or offlcial who executed the
said pow6r of attorney is an Assistant Socretary specially authorized by the chairman or the president to appoinl attomeys-ln-fact as providod in Article
Xlll, Section 5 of the By"laws of Libarty Mutual lnsurance Company.
This certificato and th€ above power of attornsy may be signed by facsimil€ or mechanically reproduced signatures under and by authority of the
following vots of lhe board ol directors of Liberty Mutual lnsurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimil€ or mochanically rsproduced signaturo ol any assistant socretary of the company, wherever appearlng upon a
certified copy of any power of attomey issued by the company in connsction with sursty bonds, shall be valid and binding upon the company
with the sam€ iorce and etfoct as though manually allixed.
F, I have hereunto subscribed my name and aflixed ths corporate s€al of lhs said company, t s
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IN TESTI
By
Da M. Carey,Secretary
day ol
LIAEBTY MUTUAL INSUBANCE COMPANY
first above written.