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KB Home Coastal, Inc. Material and Labor Bond 301412-1 0151416MATERIAL AND LABOR BOND CIry OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) TracUParcel Map 30142-1 BackboneFOR: Streets and Drainage Water System Sewer System Surety Berkley Regional ftrsurance Conlpany AddfeSS 505 N. Brand Bvd., suite 1o4o $ $oo Bond No Premium 0151416 lncluded in the Faithful Performance Bond Principal Address 36310 lnland Valley Drive KB HOME Coastal lnsurarrce City/State Glen.lale. cA City/State Wldomar CA LI 91203 92525 Phone ere-ssor+o:Phone es1-69i-5245 WHEREAS, the City of Menjfee, State of California, and KB HOME Coastallnc. (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 which agreement(s) isiare hereby refened to and made a part hereof; and, WHEREAS, underthe 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 California; 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 perform ance of Said Civil COde in the Sum of Four Hundred Fortv Four Thousand and No/100---- DOllafS 444.000.00 ) for materials furnished or labor thereon of any kind, orfor amounts due underthe Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount nol 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 underTitle 15 (commencing with Section 3082) of Part4 ot 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: otherwise, it shall be and remain in full force and effect. zip public improvements relating to (TracVParcel) rr 30142-1 Backbone, 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 condition precedent to surety's obligations hereunder and are hereby waived by surety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on August 6 2! 10 NAME OF PRINCIPAL: KB HorvlE coastar rnc AUTHORTZED STGNATURE(S): By: Name: 14 tcg Ae c . Fr?eeuANtrn . lllle Vp LAND i- Fotct eRb Qcatonc- (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Berkley Resianall nce C AUTHORIZED SIGNATURE: Attorney-in-Fact Title Brenda Viong. Altomey.irFFact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND AITORNEY.tN.FACT. 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/shelthey executed the same in his/herAheir authorized capacity(ies), and that by his/heCthei+ signature(s) on the instrument the person(s), or the 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. FICHARD R. KELIE Comriissloi # l7l9,1,. I Nolqry Publlo - Colilornlq t RrveBlde County f WComm. !:olres Jcn 2l,2Ol lP t/L- //4<-- Richard R. Keller (SEAL) State of California /rz'^- CALI FORNIA ALL.PU RPOSE 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/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th€ir authorized capacity(les), and that by his/her/their 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 officialseal. IRACY AS ION Commlsslon # 1739959Notory Pubflc - Cotitornto Los Angeies County I\i|ycfilfn. EX:ts [4or' I5,2Ot I T racy Aston No.7951 POWER OF ATTORNEY BERKLEY REGION.{L INSURANCE CONIPANY WILMINGTON, DELAWARE NOTICET The rlaming tbund elsewhere in this Power of Attorney at'fects the validity thereol Please review carefully. KN.OW ALL MEN BY THESE PRESENTS, thal BERKLEY RIGIONAL INSURANCE COMPANY (the '.Company,,), A corporatiol'l duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa. has made, constituted and appointed, and does by these presents make, constitut€ and appoint: Thomas S. Branigan, Ashraf Elmasry, Brenda ll/ong, Marina B. Tapia, Edwqrd C. Spector, Noemi Quiroz or Simone Gerhqrd of Aon Risk lrsurance Services llest, Inc. of Los Angeles, C.4 its true and lawful Attomey-in-Fact, to sign its name as suety 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 no single obligation shall exceed Fifty Million and 00i100 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 persolrs. 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 ganted pursuant to the following resolutions which were duly and validly adopted at a meeting ofthe Board of Directors ofthe Company held on August 21, 2000: *RESOLI'ED, 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 Company, and to affix the corporate seal of the Company to powers of attomey executed pursuant 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 Company except in the manner and to the extent therein stated; and further RESOLVED, that such porver of attomey revokes all previolrs powers issued on behalf of the attomey-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be afhxed by 1'acsimile to any power of attorney 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 officer or ofhcers of the Company, notwithstanding the fact that they rnay have ceased to be such at the time when such instruments shall be issued." IN WITNESS \\1{EREOF, the Company has corporate seal hereunto afhxed this I j day of caused these'I r'-,'", n presents to be signed and attested by its appropriate officers and its ,2010 Aftest Belkle any (Sea1)By By Ira S Lederman Robert P. Cole Senior Vice Presidert & Secretary Senior Vice President WARNINC; THIS POWER INVAIID IF NOT PRJNTED ON BLU SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRT'IELD ) Sworn to b€fore me, a Notary Public in the State ofCormecticut, th S. Lederman who are swom to me to be the Senior Vice Presiden Berkiey Regional Insurance Company. 4.,t t._: .,. , 1 .I r. l_.1-- l:iir ..:-,' rr- \,r'. Notary Public, State ofConnecticut CERTIFICATE I, the undersigned, Assistant Secretary ofBERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, corr€ct and complete copy ofthe original power of Attorney; that said power of Attomey has not been revoked or rescinded and that the authority of the Adorncy-in-Fact set forth therein, rvho executed the bond or AUG lndertaking to which this Power of Attomey is attached, is in firll force and effect as of this date.6 201 day of 'W22* i5 i7 46y66 'Lcr ''.. r,- .r,2010. by Roben P. Cole and lra r. una rt. -S."io, Vi.. Fr.s7.nt and Secrerar). respectively. of (\'v.;:"*,{-(Seal) Given under my hand and seal ofthe Company, this Steven Coward -1-i-l',./L