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KB Home Coastal, Inc. Faithful Performance Bond TR30142-1 024022693I'ATTHFUL PERToRMANCE BoND FOR GRADING PRqJECTS AND/OR EROSION CONTROLLANDSCAPE IMPROYEMENTS Bond No, Promium $12s. Surety Li-bert Mu NS Address 0ran e C,A 97 Phone No:714-542-01,15 Fax No: 714-542-9719 Prlnclprl KB HOME CoastaL lnc. Address 26201 Yne- Road- Srritc 104 Temecula, CA 92591 Phone No:951-587 ORADING: Rough (US)$ any Prccise (US)$ EROSION CONTROL.LANDSCAPE: (us)5 Total: (US)$ Trsoi{Parc.l MBP: Othcr Project No: TR !0t4L-7 BGR 04162E 3 Whereas, the County of Rivcrsi<lc, State of california, .n{ , , (B HOME,C,o"itul, Il'",'.,,,,,,, it "rotn"tur deslgneied ar "Principal") has cntqsd lnto, or is about to enret into, the sttsrhcd Ag,eemcnt Ufr.roti frin"ipZf og*es to insftll and complctc thc above-deslgnatcd gading.projcct end'/or.erosion "ont olil"ndr.op. iriprovements, rolsting to TR 30142-f. which ABrEement is hercby r€fcrrcd to and made a part horcof; and WHERBAS, the Princtpel is rcquircd undcr lho tcrm$ of thc Agrecmcnt to fumish g bond for thg faithtul Fax No; 951 -506-1722 pcrformanc€ of th€ Agrccment; NOW, THEREFORE, we, the PrinciPal by thesc prescnts. Ihe conditions of this obligation is such tbat if the above bondod ?rinoipal, his or its hcirs, cltccutors edminiBtrators, successors or assigns, lhall iD tll thi'rgs stand to and ebide by, and well and tnrly kcop and p"J"r- ttr covenants, condidoris and proviFions in the Agreomcnt ond any altcration thercof m4de rs iheroin proviaed, on his or thcir part o Lc kcpt and pcrformed at thc reme time and in the msnncr th6fcin sperinei, and in all respectS accoding ro th6ir tru; intont snd msanlng, alld shall indemnify and slve h'armless'thc County ofRiverside, iu agents and cmployces as thcrcln rtipulated, then this obligation shall bcoorne nult and void; otharvigs it shlll bc and rcmain in full forcc arrd effect. As parr ofthe obligation sccurcd horcby and rn addition to tlrc fac€ alr:ount sPerified,rherefore, there shrll be i;cludod costs;ld rcasonoble expenscs and fccs, inoluding reasonabl€ tfiomoy's fees, incurcd by County in successfirlly enforcing such obligation, atl to be tsxed ai costs and included in any judgment penal sum of *) (s 25.000.00)lawful money of the U tcd States,for the paymonr of which sum well aad trulY to bc made, we bind ourselves, our hctrs, successors,cxecutors and administrators,jointly and severallY, firmlY rendorcd. 2E4-44-? Rev.06l04 Psge I ofz-Grading FflctU Ap**OU-ci: ,i,.l iY coui{sEl l UG25 024022693 2s.000.00 25.000,00 Mutual Insurance as surcty,urto thB Couflty sf (iverside,in the lrI The Surety hereby agtoes thar no chargc, oxtcnsion- of timc' eltcl8tlon or addition to the tErtns of the Adeement or ro the work to be perfor;ed thereulldsr orfhe specificarions accompanying thc same shall l"#;; ;;.;i; diltfi ;'5ilon4 ,"a it doo" tto"bv *aive notice of env such chanse' ;ffi[;,f,il;,';it#il;;;a;ttt"n to th€ tcrms of tho Agrecmcnr or ro thc work or ro the soecificotions. surety fruther agres ihat the prorisions of sections 2845 of rhc civil code are nor u I"i"a'ffi'nt.""i*ii'" ,r,"t*tiv'i *iigatio's hereunder and are hereby weivod by the Surctv Whonthsroughorprecisegradingand/ortheerosionconbol.lEndscaDewoltcovcrcdbythisAgreemeot is comDlate. and thc Building DiJ;#th;-d;t tt"t "pptt*a-t "ccePtod the *'ork' fic Building iirii.-Ii Jiirii",]r"tizu trrc it*"o ortne EPProPriste amount of this s€curitv' In wirness whcreof, this lnstrumsnt hsr beon duly executed by the Principal and Suroty above namcd on Au st8 2005 (Date NAME OF PRINCIPAL:KB HOME Coast.al Inc. AUTHORIZED SIONATURE (S): fl lcfu€L By Titlc (lf Corporarion, Affix Seal) NAME OF SURETY:Liberty Mutual Insurance ComPanY AUTHORIZED SIGNATUR (If CorPoratlon, AfiixScal) Maria Penh, Aft orneY-1n-Fact (ATTACH NOTARIAL ACKNOWLEDCMENT OF SICNATURE(S) OF PRINCIPAL AND ATTORNEY-IN.FACT.) 28444-2 Rev. 05/04 Pagc 2 ofz'GradinE i."):n*.*, nJ -, Jr. D r cc c'i "' fu ffi.!,irL, r r.- TOTAL P. @6 CALIFORNIA ALL-PU RPOSE ACKNOWLEDGM ENT On August 12,2005, before me, Pamela K' Meserole, Notary Public, personally appeaied Michael H. Freeman. Jr., personally known to me (erpreved+orfte€ft{he @ to be the person(€) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that heFh4they executed the same in hislhedthrsir authorized capacity (ies), and that by his/he#+ntair signature(s) on the instrument the personS), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California County of Riverslde WITNESS my hand and official seal. Pame K. Meserole co*tu.rl519506l{otl'y Publlcaal$oinl. RTVERSIOE Cot'XTY mos ur PAUELA K,ITIESEROLE llyConm, &p, O.1r5,200E a l/n{t) f rc'-, r,,)t t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cov Vt On August L2,2005, before me, Pamela K. Meserole, Notary Public, personally appeared Michael H. Freeman. Jr., personally known to me (erprell€C&m,en+he e*e+*atise*or.r,-e-,*neel to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/e,helthey executed the same in his/herlthek authorized capaclty (ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person($ acted, executed the instrument. State of California County of Riverside WITNESS my hand and official seal. Pamela K. Meserole A-4aaCltrYu tts m<t,Qtr, col$l.. t1519506 State of California County of Los Angeles On August 8, 2005 before me , Jovce M. Herrin, Notary Public, personally appeared Maria Pefia. personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JOYCE M. HERRTN c0i\4M. '1323 695 r or^lY Pu8lrc . c ll . HerrinL0s anct!ts c a My Colrlm. Erpk,s ocr.4, 2006 U)trr : -;\ 1797751, THIS POWEB OF.ATTOHNEY IS NOT VALIL .ESS IT IS PBINTED ON REO BACKGBOUND' i;*;;A*;;;;i;i";;;;" ;; irr.'"-irr"i r'","i", "ii ti"y t "re no "rthority to bind rhe csmpanv except in the mannqt and to lhe exlbtit hereln etal6d. o:, G (E5to6) =ooeoovcoo.JE0, o o 0) o tt!o LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY ThatlhispowerismgdeandexecutedpursuantloandbyauthoritofthqldllowingBy-lawqndAuthorization:.1,,t.,,.' ARTICLE Xlll - Executlon ot Contracts: Ssction 5. Surety Bonds and Undertakings. ni,, "-fff*i'"i il" C"-**n, iutnorir"O for that purpose in writlng by the chal;man or the president, and subiect to such limitations as the ch;irman or the president ;ay prescrtbe, shall appoint such attorneys-inJact, as may be necessary to act in bohalf ol lhe Company lo make' "i"crt", seaf, acknowtedge 6nO O"tiu", as suiety any and all undertakings, bond6, recognizances and other surety obligations . Such attornevs-in-fact, subied t6 the limitatlons set forth'in ih;lr respective powers of attorney, shall have lull power to bind tho Company by their ifdrfui" ,nd ;""Jti;n of any such instruments and to attach ihereto the s€al ot th€ Company. When so executed such lnstruments shall be as"uinoing as it signeo by fre lresident ard atl€stod by the secretary' By the lollowlng hstrumenl lhe chairman or the president has aulhorized tha ofilc€r or other ollicial namsd theroln to appoint attorneyslnjact: pursuant to Articte Xlll, Section 5 of the By-Laws, Garnst W, Elliolt, Asslstant Secreta.y ol Liberty Mutual lnsurance Company, ,ls,hereby aulhorized ic appoint such attorneysin-fact as may be necessary to act ln behalf of.the.Company to make, execute, seal, acknowledgo and d€liv€r as surety any and all undsrtakings, bonds, r€cognlzances and other surely obligations. That the By.law and th6 Authorizalion set lorth above are true copies thereof and are now in lull force and effect. lN WITNESS WHEHEOF, this Power of Attorney has been subscribed by an auihorized offic Liberty Mutual lnsurance Company has been atlixed thereto in Plyrnouth M€stlng, Pennsylvania 2005 *6t'ooo ,=o5lt co 6oOt- afrFC Oo. Ee E+!Eotr =(!Oco.H .9oEEEO)Oc}EEB EEe3:=N-o.ESEi6OoOroPFr coco On the corporate seal ol LIBEBTY MUTUAL INSURANCE COMPANY Garnet W Asslstant Secretary IllMONWEALTH OF PENNSYLVANIA UNry OF MONTGOMERY this.,Lr!L- day ol JUSUSL-- , 2Q05 , before me, a Notary Publlc, personally came GaOgL\{-ElIq!!, to m€ known, and acknowledged knows th€ seal of sald corporation; and that he executed lhe abovethat he is an Assistant Secretary of Liberty Mutual lnsurance Company; lhat ho erty Mutual lnsurance Company thereto with tho aulhority and at the dkection ol said corporation.Power ol Attorn€y and attixed lhe corporate seal o, Lib IN TESTIMONY subscribed my namo and eltixed my notarial seal at Plymoulh lvi€etlng, Ponnsylvanla, on ths day and year llrst above written.E (o oz o /-fi//,By :re Notary CEBTIFICATE l, tho undersigned,Liberty Mutual is a full, lrue and correct copy, is in lprce and effect said power ol attorney is an Assistani Sacrelary speclal herounto subscribed my name and atfixed the corporat€ seal ol lhe said company, this xlll, Seclion 5 of the By-laws of Liberty Mutual lnsurance Company. This certiflcats and the above powor of attomey may be slgned by facslmils or mechanically reprodgced signatures- under and by aulhority of the followlng vote ol tho board of director8 of Libgrty lilutual lnsurance Company at a meeling duly called and held on the 12th day of March, 1980. VOTED fhat the facsimile or mechanically reproduced signature of any assistant secretary of the company, wh€rev€r appearlng upon a c€rtilied copy of any power of attorney lssued by fie company in connsction with surety bonds, shall be valid and binding upon th€ company wilh the same forcs and effect as though manually atllxed. T.leaq NdaldSrclfuoq u*ayn*ie 6ol'ot IN TESTIMONY WHEAugust*uotz'd6y By Da M. Carey,Secretary 8Lh day ot (the "ComPanY'),aKNOW ALL PERSONS BY THESE PRESENTS: That Mutual ol iuch stock insurance be as upon lhe TH( E.( surety ss ffi ln accordance with the Terrorism Risk lnsurance Act of 2002 (refered to hereinafter as the "Ac.t'), this disolosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: LibertyMutual lnsurance Company; Liberty Mutual Fire lnsurance Company; LMlnsurance Corporatlon; The First Llbe(y lnsurance Corporation; LiUerty [9ggn_c9 Corporation; Employers lnsurance Company of Wausau (formerly"EMPLOYERS INSURANCE OF WAUSAU A Mutuai Compan/); peertesi lnsurance Company; and any other company that is a part of or ailded to the Liberty Mutual Group for which surety business is undenvritten by Llberty Mutual Surety (refened to collectively herelnaffer as the "lssuing Sureties ,). NOTICE FORMS PART OF BOND Thls notlce forms part of surety bonds issued by any one or more of the lssuing SuretieG. DISCLOSURE OF PREMIUM The premium attrlbuhble to any bond coverage for .acts of terrorism" as defined in Section 102(1) of the Act is Zero Dofiars ($0.00). Llberty Mutual Surety Bond Number 024022693 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSUR,ANCE ACT OF 2OO2 DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will relmburse the lssuing Sureties for ninety percent (90%) ofany covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 n/ts/04