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KB Home Coastal, Inc. Faithful Performance Bond TM30142-2 K07948074IIIil. j, r8+ FAITHFUL PERFORMANCE BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Streets and Drainage $ Potable Water System $ Recycled Water System $SewerSystem $ 6,166,500.00 TracUParcel Map 301719,500.00 Bond No. Ko7e48o74 21,500.00 Premium $114,143.00 PR YEAR 702,000.00 SUrety WESTCHESTER FIRE INSURANCE COMPANY PrinCipal KB HOME COASTAL lNC., A CALIFORNIA CORPORATION Address 701 PIKE srREEr STE 1625 /State serrte. wr zip code 98101 zip Phone (206) 664-7750 Phone (951) 6s1-524s WHEREAS, the City of Menifee, State of California, and K8 HOME COASTAL INC A CALIFORNIA CORPORATION City (hereinafter designated as "principal') have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to (TracUParcell 30142-2 , which agreement(s) is/are hereby referred to and made a part hereof; and, City/State wrroounn cr WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW THEREFORE, we the principal and wESTcHESTER FIRE INSURANoE coMPANY , as surety, are held and firmlY bound unto the City of Menifee in the penal sum ol Seven m illion six hundred nine thousand hundred and 00/100 Dollars ($ 7,609.500.00 ) lavuful money of the United States, for the payment ourselves, our heirs, successors, executors an of which sum will and truly be made, we bind d adminishators, 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, adminislrators, 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 shali 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 iudgment rendered. Address 36310 TNLANp VALLEY pRrvE +# BtrL; - t+$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 AUGUST 16 NAME OF PRINCIPAL: KB HoME coAsrAL lNc A CALIFORNIA CORPORATION AUTHORIZED SIGNATURE(S): By: Name'.,>'7 tc! a< <' y'. Faee',Alt J.. ffle: lP LA.,) 4- F'ed A'\ PvA't'/t'v G' (rF coRPoRATrON, AFF|X SEAL) NAME OF SURETY: WESTCHE FIRE INS COMPANY AUTHORIZED SIGNATURE: Its Attorney-act Tltle NATALIE K. TROFIMOFF. ATTORNEY-IN-FACT (rF coRPoRATtON, AFFIX SEAL) ATTACH NOTARIALACKNOWLEDGiIENT OF SIGNATURES OF PRINCIPAL AND ATTORNEYJN.FACT. ..t-..--..' The surety hereby stipulates and agrees lhat 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 nol conditions precedent to surety's obligations hereunder and are hereby waived by surety. 2411 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of Riverside On Auqust 18, 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/a+e subscribed to the within instrument and acknowledged to me that he/sh€lth€y executed the same in his/h€#+h€'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 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. RICHATID B, KELLER Commission # tgt87O8 l{otary Publlc . Catilorfl ia Riverside Counly s Jan 2l,20lsComm. tx Iet t1- l/l-thrL Richard R. Keller (sEAL) State of California CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Los Anq les Daravv Mady, Notary Public personally appeared,Natalie K. Trofimoff 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 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.o z DARAVY MADY coMM. ir839912 Notary Public' California n Los A les County o Comm 20r 3 SIGNA NOTARY Notary Public Seal OPTIONAL NUMBER OF PAGES:DOCUMENT DATE: Signer's Name: INOIVIDUAL CORPORATE OFFICER Title(s)Title(s) ATTORNEY.IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR Signer is rapreasntlng: NAME OF PERSON(S)OR ENTITY(ES) Sign€r is repr*entlng: NAME OF PERSON(S)OR ENTITY(IES) On AllG 16 20ll before me, Though the data below is not .equired by law, it may prove valuable to persons relying on lhe document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: cApAcrw(rEs) cLATMED BY STGNER(S) n penrNentslE lttrrreo ! GENERAL I nrronlrev-rru-ract E rnusree(s) tr r\TqEo._ signer's Nam6- !ruorvroux- lcoaeoure orrrcen E pennren(stE r-natreo ! cENERAL tr n n cunnotruvcorusERvAroR f] o*.",- Power of Attorney Krorv all rrcn by lfiese prescnls: That lVf,STCHDSl t'R FlllE INSlIR.\N*CE COIIPANY, a corpor ion oflhe Commonweallh ofPcrtnsylvania pursuanl lo the lollowiflg Rcsolution. adopted by the Bo,vd of Direclors oflhe said Compan!' on Dccem&r I I,:006, to wil: enr.red hb fic ordinary coun. olbusn.* (d!ch i'wf,ns commjti.nl') lEn aclon 6 tuibori^d h iE grmr of lo(e6 proyid.d ror 'nsch 9.Ronr *flr16 lppoinhlrr a tuch luom.v_in-frct lppohlnEni riich sp€cificaron trrat b. ti geneBl hpc or d6r oiwnn.nCondilhcnli d bt spscrficarion oinc or morc pantul{ Whnc.t.mfrlh.n$ gcn.rolnI)lor.lssoIWn enConrntrmcns orb iperli. ionofoneotnoteparculJrWrirrcnaommllmcntt wdtrcn conmirmoDror trrlle. splDnr@r or dclelurior Conrprl &d such Relolurlm rrrl nor Lm,torodrn,ue !rT.d dre cx.nnedi6) s*fi por.r cr tu$fir,_ olher$ise vllidl) grul.d ot r.{ed WESTCHE sTER FIIIE INSURANCE COMPANY 0) (2) (4) (5) Does hcrcby nominare. constrruls aflJ appoinr Cesar F Javrer. Chrislina Johnson- Da'avy Mady, Jellrey Slrassner, Krrslrne Mendez, Nalalie K lrofimoff. Palrlcia Talavera, Tenzer V Cunrringham, all of the Cily of LOS ANGELES, Califomii, each jrdividually if $ere be more than one named, ils tru€ and lawful altomey-in_fact, itl pena]ties rot ficeeding Twenty Five milliqll dollars & zcra cents ($25,000,000.00) and $e execution of such writings in pursuanca of these prescnti shall be as brnding upon said Comfiny. as fully and amply as if(hey had becn duly e)\ecu@d and ackno\ ledged by the regularl] eleclcd ollicers Dflhc Comp6n] al its prrncrprl omce. lN WTTNESS wHEREOF, rhe sarJ Slcnhen M. tlaney, Vice-Presrdenl. has hereunto subscribed hrs namo and afl'ixed rhe Corporare scal oflhe siid \*ESTCHESTER FIRf, IN.URANCE .'IUPANY this 5 dav ofJaouary 201 l ' wEsrcllEsrf,R FIRE lNsuR ANCf, co[IpANy m Sllph.r M- llh.) . vtcG ?rt.iddrr COMI\,,IOT.IWEALTH OF PENNSYLVANIA COUNTY OF PHTLADELPHIA st. On rh is 5 day o f January, A D 20 I I before me, a Norary Publ ic oI lhe Commonweahh of Pennsy lvan ia i0 and for the County o lPhlladelph id carne Slephcn M. Haney ,Vice-presidenl of the Wf,SICIIESTER FIRE NSURANCE COMPANy 1,0 me peEonally know! io be the individ'lal qnd oificer who executed the preceding instrumenq and he acknowledged lhat he executed the sainq ard that lhe seal sftixed to thc precedinB jnstrument h the eor?orale seal ofiaid Company; lhat ihe said Jorporare seal and his signature were duly oflixed by dte authority and direction of the said corporation, ard thal Resolution, adopted hy the Board ofDir.ctors olsaid Conipany. referred to rn Gc preceding instrumenl. h now in force. lN TEST|MONY WHEREOF, I have hcreunlo set my h.nd and afllxed my ofl'icial sral ai rhc Cjty ofPhiladdphis thc day and ysar firsl above writlen. I, the undersigned Assistant Secrerary olthe WES'rCHDSTER FIRI INSUIUNCE COMPANT', do hereby ccrlrly tlrot rhe ong,nal POwER Of A'11'ORNEY. of ;:;:,::::il:J:3::::'.[:H'ff::iiT;^-i"ll]ii[il]l'",n*,*"**",*esen,orlhec.rp.ra,,on,,h,s 0",", AUG 16 20rl TIIIS PO\\'I]R OF ATTORNEY IVII\Y NOT BE USED TO DXDCUTE ANY IIOND WITII AN INC6P tION DATE ATTER JAT'UAry 05, 20I3 IOT q,'llg' E 83 I THE BACK oF THts DocuMENT Ltsrs vaRtous sEcuRrry FEATuBES I TBAT wrLL pRoTEcr AGAlNsr coPY couNTEBFElr aND aLTERATIoN. I ,.fii,tf';5 ":tlit:..t*'..:l# Muin'5, !. K4li), turlErnTGPjrryl?r