KB Home Coastal, Inc. Material and Labor Bond TM30142-1 1145790FOR: Streets and Drainage
Water System
Sewer System
Surety Ben(ley Regional Ilsurance con'Dany
Address 505 N. Brand Btyd . suire 1D4o
/State Glen.lale, cA
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Govemment Code Section 66499.1)
TracUParcel ltrtap 30 r42-1
156,500.00 Bond No.
Premium
$
$
$
1145790
lncluded in the Faithlul Perlormance Bond
Principal
Address 363,l0 lhland Valley Drive
KB HOI\,lE Coaslal insurance
City City/State \ rldomar CA
Zi 91203 zip
Phone ere-ssor4or Phone es1-691-s245
WHEREAS, the City of Menlfee, 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
public improvements relating to (TracVParcel) rr:ot+:-r , which agreement(s) is/are
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 California;
NOW, THEREFORE, said principal and the undersigned, as corporate surety, are held firmly
unto the Gity of Menifee and all contractors, su bcontractors, laborers, material persons and
other persons employed in the pe rfOfmanCe Of Said CiVil COde in the SUm Of one Huhdred Fifiy sir
Th.r.""l Fi"" lr"l"d ""d l:llo-DOllafS ($'r56.500.00 ) for materials furnished or labor lhereon 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 underTitle 15
(commencing with Section 3082) of Parl.4 ol 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.
MATERlAL 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
NAME OF PRINCIPAL: KB Hor,rE coastal lnc
By:
Name: fi tct-!AeL- ll , FtZeea4p,.74.
Title: VP LArrD 17 5lultzD Pcaptn tttG-
(rF coRPoRAT|ON, AFFrX SEAL)
NAME OF SURETY: Berkrey Resionall nce C
AUTHORIZED SIGNATURE:
ttorn n-Fact Title
Brenda Wong. Attomey-irFFacl
(lF coRPoRAroN, AFFrX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT.
2010
AUTHORTZED STGNATURE(S):
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€lthey executed the same in his/h€#their authorized capacity(ies),
and that by his/he#the* 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.
RICHARD R. KELI.ER
Commlrrloo # l7l9l40
Nolory tubllc - calllomlo
Rlvelslde County
Wcomm. kpkes Jon 2l, 201 I
(z- //z<__
Richard R. Keller (SEAL)
CALI FORN IA ALL.PU RPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On Auqust 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 hie/her/their authorized
capacity(ies), 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 ASIONCommisslon# 1739959 Tracy AstonNolory PubIc - Cq rornlolos Angele s Cgunti,tyCcrrm FrAt€! [4oy t 5 20t I
r
ezqh
No.795l
POWER OF ATTORNEY
BERKLEY REGION.AI- INSURANCE CONI PANY
WILMINGTON. DELAWARII
NOTICE: The warning lbund elscrvhere in this Power of Attomey affects the validity thereof. Pleasc review carefi.rlly.
KNOW ALL MEN BY THESE PRESENTS, tlTat BERKLEY REGIONAL hiStJRANCE COMPANY (tITe..ConTpany,,), a
qor-poration duly organized and existing urder the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has nradc, constituted and appointed, and does by these prese[ts make, constitute and appoint: Thonas S. Branigan, Ashraf
Elmasry, Brenda lVong, Marina B. Tapia, Edwa C. Spector, Noemi Quiroz or Simone Gerhard of Aon Risk Insurance
Services West, Ific, of Los Angeles, C.4 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
Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars (550,000,000.00), 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 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 conllicts of laws thereofl This Power of Attomey is granted 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:
"RESOLVED, that the proper officers of the Conpany are hereby authorized to execute powers of attorney 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 firrther
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
further
R-ESOLVED, that the signatue of any authorized officer and the seal of the Company may be afllxed by facsimile to any
Power of atlomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation ofthe 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 ol any
person or persons who shall have been such officer or officers of the Company, notwithstanding the l'act that they rnay have
ceased to be such at the time when such instruments shall be issued."
IN WfINESS WHEREOF, the Company ha
coryoratc seal hcreunto affixed this lZ day o
s caused thesef 'I:. ', ', I presents to be signed and attested by its appropriate officers and its
,2010.
BerklAttest:mpany
(Seal)By By
lra S Ledemran Robert P. Cole
Senior Vice President & Secretary Senior Vice President
W.{RNING: THIS POWER INVALID IF NOT PRINTED ON BLUE.BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT )
"'zf#zz;
couNTY oF FATR,TELD i*'
Sworn to before me, a Notary Public in the State ofconnecticut, this I ? day e6 -J .r -r.' t: .y, 2010, by Robert P. Cole and Ira
S. Lederman who are swom to me to be the Senior Vice President, and the S.ni* VF"E.ri/*t and Secretary, respectively, of
llell rcr l{e,liolll Insuranct C'onltanr av A. z <,t. y-
\l! , L : - '' ,i;a ; iNr.' rr' Notary Public, Statc of Connecticut
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKI-EY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that rhe
foregoing is a true, correct and complete copv ofthe original Power of Attomey; that said Power of Attomey has not been revoked
or rescinded and that the authority of the Altomey-in-Fact set forth therein, who execurcillfT bgn{orflI$rtaking to which this
Powcr ofAttomey is attached, is in full force and effecr as ofthis date. AUU Q lu tr
(Seal)
steven Coward
tot,v "--.<-
Given under my hand and seal ol-the Company, this __ day of
Instructions lirr lntluirics antl Notices Under the Bond.,\ttached to l'his Porrcr
Ilcrklcr \urtlr (irou1l. ll( ir rhe ullilirtcrl trndrr*r'iling ruxnilge r lirr the ruretr buriness of: ,\cadil lnsurancc
Insurlnct ( onrpattr. ( ontinental \\crlcrn lnrurarrc ( onrpanr. and I nion InsIrlrrrr ('onrJlrnr.
lo t crilr lhr rulh('nticil\ ol lltir hontl. plrrtrc call tl66-761i-lS.U ur t,nrail liS(ilnrluir\ ( rr rl)(\urrl\.colll
\n\ rrriltcn uoticcs. inquirier. cllinrr ur dcnrarrtlr to lht,suret] on the bontl to rrhich lhis ltider ir irltrrchrtl
sh0u ld be (lircrllj(l tr):
llerhlr\ Surrt\ ( i roup. l,l.('
{12 \lount Kcnrhlc.\renuc
suirr.ll(l\
\lorrirlorr n. \,1 0796(|
.\t tont ion: Surrtr ('lrinls l)epartntcnt
Or
crn:ril IJS( i( lainrr(l rr rhcsur('t\.c()lrl
l'lt:rrt. inelurlt' rr ith all notict,r the hond nrtnthtr lntl lltr rtartte rrl tht' principal on lhc lxrnd. \\'herr :t claint is
plrase irlt'lltilr thr. l]n,i(jct to rrhich lhc bond perl in\.