No preview available
KB Home Coastal, Inc. Material and Labor Bond 30142-1 114578FOR: Streets and Drainage Water System Sewer System Surety Berkley Regional lnsurance Company AddfgSS 505 N. erand Btvd . Suite 1040 City/State Gbndale. cA Zi 91203 MATERIAL AND LABOR BOND CITY OF MENIFEE, STATE OF CALIFORNIA (Govemment Code Section 66499.1) TracUParcel [vlap 3014:-1 Backbone 191,500.00 Bond No Premium $ $ $ 1145787 lncluded in the Faithful Performance Bond Principal Address 363'10 lnland Valley Drive KB HOME Coastal lhsurahce City/State \Mldomar CA 92525 Phone e51-6s1-524s WHEREAS, the City of Menifee, State of California, and KB HOME Coastal lnc zip (hereinafte r designated as "principal") have entered into, or are about to enter into, the Now, THEREFoRE, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of one Hundred Ninety one attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to (TracUParcel) rr 30142-1 Backbone, which agreement(s) isiare hereby refened to and made a part hereof; and, WHEREAS, under the terns of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the city of Menifee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of Caltfornia; rhosldj::Hrnd-1jn,l I'lox:o DOllarS 1s1,s00.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full claims underTifle 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otheruise, it shall be and remain in full force and effect. Phone ere-ss+r+os MATERIAL AND LABOR 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 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 are not a iondition precedent to rr-oty,. obligations hereunder and are hereby waived by surety. IN WITNESS WH above named, on EREOF, this instrument has been duly executed by the principal and surety August 6 2010 NAME OF PRINCIPAL: KB HorrE coasrar tnc AUTHORTZED StGNATURE(S): By: Name:- m(cH A.L 4J lltle'. yP tA^,/b.i- FLeeuA,lt{t?. llu) Arzl PcArYl tua- (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Berktey Resionat tnsurance c AUTHORIZED SIGNATURE: ttorney-in-Fact Title (rF coRPoRATrON, AFFTX SEAL) ATTACH NOTARIAL AGKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AN D ATTORNEYJN.FACT. Brenda Wong. Attomey-irFFact CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California 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/sh€lth€'y executed the same in his/he#theilE authorized capacity(ies), and that by his/he#thei+ signature(s) on the instrument the person(s), orthe 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. RICHAND R, rc[TER Comrni$lon # l7l9l d0 liotcry Pubilc - Cqlifonlo Rlve6ld€ Counly tJ'ly Cornm. Expk€s Jon 2 I , 20 I l rL l/r(_ Richard R. Keller (sEAL) CALI FORN IA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles OnA ust 6 2010 before me, Tracy Aston, Notary Public, personally appeared Brenda Wonq. 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/she/they executed the same in his/her/th€+ authorized capacity(ies), and that by fris/hs1/th€iF signature(s) on the instrument the person(e), 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. TRACY ASION Commtsslon # 1739959Nclory pubtjc . Colt,ornto Los Angelos A4yco.om. AAie6 Counly Ir&y I5,2011 Tracy Aston WITNESS my hand and officialseal. No.7951 POWER OF AT'I'ORNEY BERKLEY REGIONAI, INSURANCE COIIPANY !VIL MI-\IGTO N, D E LAW ARE r.'OTICltj: The warning tbund elsewhere in this Power of Attomey aft'ects the vaiidity thereof. Please review care fully. KNOW ALL NIF]N BV TI{ESE PRESENTS, thAt BERKLEY REGIONAI, INSU&{NCE CONIPAN\' (thc "COMPANY"), A corporation duly organized and existing under the laws oi the Stare of Delasare, having is principal office in Urbandale, Iowa. has made, constituted and appointed, and does by these presents make, constitute and appoint: Thonas S. Branigau, Ashraf Elmas4, Brenda Woag, Marina B. Tapia, Edwanl C. Spector, Noemi Quiroz or Simone Gerhard of Aon Risk Insurance Services lyest, Ltc. of Los Angeles, C,{ its true and lawful Attomey-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 lnsurance, providing that ro single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Anorney shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware, without giving effect to the principtes of conllicts of laws thereof. This Power of Attomey is granted pusuant to the followirg resolutions which were duly and validly adopted at a meeting ofthe Board ofDirectors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attomey authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognLances, or other suretyship obligations on behalf of the Company, and to afhx the corporate seal of the Company to powers of attomey executed pusuant hereto; and further RESOLVED, 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 Cornpary except in the manner and to the extent therein stated; and further RESOLVED, that such power of attomey revokes all previous powers issued on behalf of the attomey-il-fact named; and Ilrthcr RESOLVED, that the signature of any authorized oflicer and the seal of the Company may be affixed by facsimite to any power of attomey or certification thereof 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 rnay continue to use for the purposes herein stated the facsimile signature of any person or persons who shall haye been such ofhcer or ofhcers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." N WITNESS WHEREOF, the Company has caused these presents to be signed and atlested by its appropriate officers and its corporate seal hcreunto afhxed this l1 day of '\r Attest: lJv 2010 B B 'WzH.*^"erkle v ( Seal)v lra S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLU SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIR.FIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this l? daysf -J-cr ^^ i '. ,r, 20lO, by Robert P. Cole and Ira S. Lederman who are swom to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of 13crkr,-'1 llei:ronal llstrrancc ( ontplny. | -- (.. t a1 t4</ -(-tL tt. 1rY.,:c I !ii,. . - '" --j. :r,trr!.-:.i Notary Public, state of corulecticut CERTIFICATE l, the undersigned, Assistant Secretary of BIIRKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY thar the foregoilg is a true, correct and corplete copy ofthe original Power ofAttorney; that said Power of Attomey has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attomey is attached, is in till force and effect as of this date. Given under my hand and scal ofthe Company, this day of (Seal) 7/ AUG - 6 2010. 4.,(//"'- (a,a1:-,--1- stau"a, to**o