KB Home Coastal, Inc. Faithful Performance Bond 30142-1 0151416FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage
Water System
Sewer System
Surety Eerkley Regional lnsurance Company
Address 505 N. Brand Bvd., suire 1o4o
TracVParcel Map
Bond No. 015i416
Premium s15.510 oo
PrinciPal KB HoN4E coastal lnc'
AddfeSS 36310 lnland valley Drive
$c
$
30142-1 Backbone
E8E.000.00
City/State Glendale. cA \Mldomar. CA
z1p code er 2o3 zip
Phone ara-ssut+o:Phone ssr-esr-sz+s
WHEREAS, the City of Menifee, State of California,and KB HOI,E Coastal lnc
(hereinafier 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) rr 30142-1 Backbohe, 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 per-formance of said agreement(s);
NOW, THEREFORE, we the principal and Berkley Ree onal lnsurance conrpany , as
su rety, are held and firmly bound unto the City of Menifee in the penal sum of Eisht Hundred Eishty
Eight ThoLrsand ar)d No/10G-------- DOllafS ($ ees,ooo oo 1 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 any judgment rendered.
City/State
FAITHFUL PERFORMANCE 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.
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.
When the work coyered by the agreement is complete, the City of Menifee will accept lhe
work and thereupon, the amount of the obligation of this bond is reduced by 90o/o 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 HOME Coastallnc.
AUTHORTZED STGNATURE(S):
By:
1111e: uP LeuD 7'
me'. t4 tclAe.
tio! A lab
ee rr4A
fi.4slDtic-3'< .
(lF CoRPORAION, AFFIX SEAL)
NAME OF SURETY:Regi llnsuran
AUTHORIZED SIGNATURE:
Attorney-in-Fact Title
Brenda Wong. Altomey-iFFact
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY-IN.FACT.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
On Auqust 'l 0, 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/she#hey executed the same in his/heCtheir authorized capacity(ies),
and that by his/her4hei+ 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.
!m -:mffi,*[ri!* !i\"\W';r.Wl Plverslde Count/ II \ilf,/ u, co.m. exptrerlonit. zot tl#
l/Llh4--
Richard R. Keller (SEAL)
State of California
County of Riverside
CALI FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 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/a+e
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/th€+F authorized
capacity(ies), and that by hie/her/theis signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
! 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 officialseal.
TRACY nSiOttComrnlsston #r 739959Nolory pubtic -Coti,ornto Tracy AstonIos Angeles CounlytvtyCoovnEetestvioy I 5, 20 I I
gar'eb
No.795l
POWER OF ATTORNEY
BERI(LEY REGIONAL INSURAI{CE CO}IPA"\Y
WILMINGTON. DELAWARE
This Power of Attomey shall be conskued and enforced in accordance with, and govemed by, the laws of the State of Delaware,
without giving effect to the principles of conJlicts of laws thereoi This Power of Attomey is granted pursuant to the following
rcsolutions which were duly and validly adopted at a meeting ofthe Board ofDirecton ofthe Company held on August 21,2000:
"R-ESOLVED, that the proper offrcers of the Company are hereby authorized to execute powets of attomey authorizing and
qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations
on behalf of the Company, and to affix the corporate seal of the Company to powers of attomey executed pursuant hercto;
and further
RESOLVED, that such power of attomey limits the acti of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated: and futher
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-ir-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of atlomey or certihcation 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 may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such offrcer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such inskuments shall be issued."
IN WITNESS WHEREOF, the Company has
corporate seal hereunto affixed this i 7 day of
caused these pres snts to be signed and attested by its appropriate officers and its
,2010.
Atlest Berkle mpany
(Seal)By By
Ira S.-Lederman Robert P. Cole
Senior Vice President & Secretary Senior Vice President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPDR.
STATE OF CONNECTICUT )
COTINTY OI,' I,'AIRFIELD
Sworn to before me, a Notary Public in the State ofConnecticut, this l? dayo6 --r a- -,,' r..r;y,2010, by Robert P. Cole and [ra
'*z^ff.
ss)
)
S. l.celerntan lvho arc sworn to rnc to bc thc Scniol Vice l)r.cside
llcrklry Rcr:ionai lnsulance ( ontpanv.
nt, and the Senior Vice Presi/ent and Secretary, respectively, of:-.. fi c .. "t . /-21 < c.-...\r '.i. ,, xt '::1 ...,. ti,gJr--ia " Notary Public, State of Connecticut
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY RECIONAL INSURANCE COMPANY, DO HEREBY CERTTFY rhat the
foregoing is a true, correct and conrplete copy ofthe original Power of Attorney; that said Power of Attomey has rlot been revoked
or resqioded and that the authority of the Attorney. in-Fact set fonh therein, who executed lhq bond or -u-n!,grtaking lo which this
Power ofAuomey is anached. is in full force and iffecr as ofthis date. AUG - 6 2010
Given under my hand and seal ofthe Company, this _ day of
O'ee,':-.-(-(Seal)
Steven Cowarcl
NO1lCE: The rvaming found clsewhere in this Power of Attomey aftccts the validity thereof. Please revie* carefully.
K\'OW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL bISURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has nrade, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf
Elmasry, Brenda llong, Marina B. Tapia, Ed.wq.rd C. Spector, Noemi Quiroz or Simone Gerhard ol Aon Risk lnsurance
Services West, Ittc. of Los Angeles, C,4 its true and lawful Attomey-in-Fact, to sign its rlamc as surety only as delineated below
and to execute, seal, acklowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty
Insurance, providing that no single obligation shall exceed Fifty Lillion and 00/100 DoUars ($50,000,000.00), to the same extent
as if such bonds had been duly executed and acknowledged by the regularly elected officers ofthe Company at its pdncipal ofhce
in their own proper persons.
./ /- /t