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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