KB Home Coastal, Inc. Faithful Performance Bond 30142-1 1145788FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage
Water System
Sewer System
Surety Berkley Regional lnsurance Company
Address 505 N. Brand Btvd.. suite 1040
$t
$383,000.00
TracUPa rcel Map
Bond No. 1i4s7E6
Premium $6.703.00
KB HOME Coastal lnc.
30142-1 Backbone
Principal
Address 36310 lnland Valley Drive
City/State Gbndare. cA City/State \Mldomar. CA
zip code e r2o3 zip
Phone s1s-ssc'1403 Phone ssr-esr-szas
WHEREAS, the City of Menifee, State of California,and KB HOME Coastal lnc
(hereinafter designated as "principal") have entered into, or are about to enter Into, the
attached agreement(s) whereby principal agrees to install and complete the above designated
publie improvements relating to (TracUParcel) Ij01j19,"kb.*, which agreement(s) is/are
hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s)
for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Berklev Resional lnsurance comPanv , as
su rety, are held and firmly bound unto the City of Menifee in the penal SUfir of ftrree xuncrred Eishty
Three Thousand and No/100-Dollars ($ :a:.ooo oo ) lavuful 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; othenrise, 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.
FAITHFUL PERFORMANGE BOND
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.
Su rety 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.
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 6 2010
NAME OF PRINCIpAL: KB HoLrE coastar rnc
AUTHORTZED STGNATURE(S):
Name'. ntceAeo /!FZe€ tt A,!, Ta .
Illle: yp LA,l/> t Qt, ARb PLA rU ? /.! d-
(lF coRPORATION, AFFTX SEAL)
NAME OF SURETY:ohal I nce Company
AUTHORIZED SIGNATURE:
rney-in-Fact Title
Brenda Wong. Attomey-iNFact
(rF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
By:
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of Riverside
On Auqust 10, 2010 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/shel{h€y executed the same in his/her4heir 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
rL lho--
Richard R. Keller (SEAL)
State of California
,2"-
CALI FORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On Au ust 6 2010 before ffi9,T c Aston Notary Public, personallyappeared Brenda Wong,who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instru ment and acknowledged to me thathe/she/they executed the same in his/her/thei+ authorizedcapacity(ies), and that by lris/h er/t&ei+ signature(s) on the instrumentthe 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 ofCalifornia that the foregoing paragraph is true and correct.
WITNESS my hand and officialseat.
IRACY ASIONCommlslion # I 739?59No,ory publjc - ColilornioLos Angetes Counlyi,t/Ccrnm. E!)les Moy I5,2Ol l Tracy Aston
ktu%Al,
No. 7951
POWER OF ATTOfu\EY
BERKLEY REGION.{L INSI]RANCE CO}IPAIiY
WILMINGTON, DELAIVARE
rr-OTICE: Thr warning lound elsewherc in this Power of Attorney affects the validity thereof. Please review carefully.
K\O\\' ALL N,IEN B\'THESE PRESE)(TS. thAt BERKLEY REGIONAL NSUIL'\NCE CO\IPANY (IITC "COInPANY"), A
corporation duly organized and existing under the laus of the State of Dela*.are, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf
Elmasq', Brenda lVong, Marina B. Tapia, Edward C. Spectot, Noemi Quiroi or Simone Gerhsrd ol Aon Risk Insurance
Services llest, Inc. of Los Angeles, C,4 its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below
and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty
Insurance, providing that no single obligation shall exceed Fifty l\Iillion and 00i 100 Dollars ($50,000,000.00), to the same ext€nt
as if such bonds had been duly executed and acknowledged by the regularly elccted officers of the Company at its principat office
in their own proper persons.
This Power of Attomey shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware,
without giving effect to the principles of cooflicts of laws thereof. This Power of Attomey is gmnted pu.rsuant to the foltowing
resolutions which were duly and validly adopted at a meeting of the Board of Directors ofthe Company held on August 21, 2000;
'R-ESOLVED, that the proper officers ofthe Company are hereby authorized to execute powers of attomey authorizing and
qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations
on behalf of the Compauy, and to affix the corporate seal of the Company to powers of attomey executed pursuant hereto;
and further
RESOLVED, that such power of aftomey limits the acts of those named therein to the bonds, undertakings. recogaizances,
or other suretyship obligations specihcally named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
fi.lrther
RESOLVED, that the signature of any authorized ofiicer and the seal of the Company may be affixed by l'acsimile to any
power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizauce, or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes hereir stated the facsimile signature ofany
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
caused these presents to be signed and attested by its appropriate officers and itsINi WITNESS WHEREOF, the Company has
corporate seal hereunto affixed this lZ day of , 2010
(Seai)By
Berklev Re l lns e Company
By
Ira S. Lederman Robert P. Cole
Senior Vice President & Secretary Senior Vice President
WARNING: THIS POWER INVALID IFNOT PRINTED ON BLTIE URITY PAPER.
ST.A,TE OF CONNECTICUT )
( ()t \l Y ot. [.{IRI'I[:Lt)
Berkiey Regional [nsurance Company
u',', L i,1r' . i. ':. "!,r itii\rF?a Notary Public, State ofconnecticut
CERTIFICATE
[, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURA,NCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, coflect and complete copy ofthe original Povrer of Attomey; that said Power of Attomey has not been revoked
or rescinded and that the authority of the Attorney-in-Fact set forth thexeitr, who executed the bond or uadertaking to which this
)ss
)
Sworn to before me, a Notary Public in the State of Connecticut, this i 7 day of -J ' , " -y.2010, by Robert P. Cole and Ira
S. Ledennan who are swom to me to be the Senior Vice President, and the Senior Vrce Prcsident and Secretary, respectively, of
Power ofAttorney is attached, is in full force and effect as of this date.
Given under my hand and seal ofthe Corpany, this _ day of
(Seal)
AUG - 6 2010
(-"Yr- r -..(-
5teven Cou ard
I",
Attest:-z'lv ,./'
No.7951
POWER OF ATTORNEY
BERKLEY REGIONAL INSURAIICE COMPANY
WILMINGTON. DELAWARE
NOTICE: Ihe warning found elsewhere in this PowcrofAttomey affects the vaiidity thereof. Please review carefully.
KNOIV ALL MEN BY TI-IESE PRESI]NTS, tTat BERKLEY REGIO^.AL NSURANCE COMPANY (thE ..COMPANY,,), A
corporatiou duly organized and existing under the laws of the Statc of Delaware, having its principal office in Urbandale, Iorva,
has nrade, constituted and appointed, and does by thesc presents make, constitute and appointi Thomas S. Branigan, Ashraf
Elmasry, Brenda llong, Marina B. Tqia, Edwad C. Spector, Noemi Quirotr or Siuone Gerhard ol Aon Risk Insurance
Services West, Inc. of Los Angeles, C/, its true artd lawful Attomey-i[-Fact, to sign its name as surety only as delineated below
and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with th€ exception of Financial Guaranty
lmurance, providing that no single obligation shall exceed Fifty Million and 00/100 Doltars ($50,000'000.00), to the same extent
as if such bonds had been duly executed and ackaowledged by the regularly elected officers of the Company at its principal offrce
in theh own proper persons.
This Power of Attomey shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is granted pusuant to the following
resolutions which were duly and validly adopted at a meeting ofthe Board ofDirectors ofthe Company held on August 21, 2000:
"R-ESOLVED, that the proper oflicers ofthe Company are hcreby authorized to execute powers of attorney autho zing and
qualifying the attomey-in-fact named ther€in to execute bonds, undertakings, recognizances, or other suetyship obligations
on behalf of the Company, and to afhx the corporate seal of the Company to powers of attomey executed Pursuant hereto;
and further
RESOL\TD, that such power of attomey limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the CornPany excePt in the
mamer and to the extent therein stated; and further
R-ESOLVED, that such power of attomey revokes all previous powers issued on behalf of the attomey-in-fact named; and
further
Rf,SOLVED, that the signature of any authorized oflicer and the seal of the Company may be afhxed by facsimile to any
power of attomey or certification thercof authorizing the execution and delivery of any bond, undertaking, recognizance. or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or penons who shall have been such offrcer or offrcers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
ti\i WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixcd this !-l da1 .2010olr
Berkle mpany
( Seal)By By
Ira S.-Lederman Robert P. Cote
Senior Vice President & Secretary Senior Vice President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE .BERI(LEY" SECURITY PA?ER.
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
Swornto before me, a Notary Public inthe State ofConnecticut, this l? dayof lJ-cr '. r-'"r,20l0,byRobertP.Coleandlra
S. Lederman rvho are swom to me to be the Senior Vice President, una tn. 3.oi* Vi.. Fr.ti6nt and Secretary, respectively, of
Berkley Regional lnsurance Company
'*zE
LataL- /l- <,/-4 L.+L
Power of Attomey is attached, is in full force and effecl as of this date.
Given under my hand and seal of th€ Compauy, this __ day of
Notary Public, State of Connecticut
AUG - 6 2010
rrY (;(
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, co[ect and complete copy of the original Power of Attomey; that said Power of Attorney has not been revokod
or rescinded ard that the authority of the Attomey-ir-Flct set forth thelein, who executed the bond or undertaking to which this
ta,v,-".1(Seal)
Steven Coward
Attest:-4'l./,./t