KB Home Coastal, Inc. Material and Labor Bond TM30142-1 1145784FOR: Streets and Drainage
Water System
Sewer System
Surety Berkley Regional lhsurance Conrpany
AddfeSS 505 N. Brand Btvd.. suite 1o4o
/State Gtendate. cA
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
1,058,500.00 TracUParcel Map 30142-'1
Bond No.
Premium
$
$
o
1t457E4
lncluded in the Faithful Performance Bohd
Principal
Address 36310 lhland Valley Drive
KB HOME Coastal hsularlce
City City/State '/Mldomar. CA
Zi 9'1203
Phone ersss+r+oa Phone 9s1-6sr-5245
WHEREAS, the City of Menifee, State of California, and KB HoME coastal lnc
(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 (TracUParcel) rrgot+u-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 sufflcient payment bond with the City of Menifee
to secure the claims to which reference is made in Title 15 (commencing with Section 3082)
of Part4 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 perfOrmance of said Civil Code in the sum of one l!'lillion Fiftv Eisht
Thousand Five Hundred and No/100 DOllafS $ 1.0s8.s00.00 ) for materials furnished or labor thereon of
zip
(
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 thatthis bond shall inure to the benefit of
any and all persons, companies and corporations entitles to fuil claims underTitle 15
(commencing with Section 3082) of Part 4 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.
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
NAME OF PRINCIPAL: KB Hor,lE coastal lnc
AUTHORTZED STGNATURE(S):
By:
Name. rnrcu ,Aec
T :le t/ ? LAa;) r FoAdA.d ?caatA r*t(,'
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkley Reeional I nce Company
AUTHORIZED SIGNATURE:
ttorn ey-in-Fact Title
Brenda !1/ong. Attonley-irFFact
(IF CORPORATION, AFFIX SEAL)
ATTAGH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY.IN.FACT,
2010
! ,Feee ryAN,3R .
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+lthei+ 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. KEITEP
Commrsllon # l719140
Nolory Publlc ' Colitolnlo
Rtverild€ County
Comm. Explres Jon 21,20'l I
I
':-
t(-1/r,--
Richard R. Keller (SEAL)
CALI FORN IA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On Auo ust6,2010 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(i,es), 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.
IRACY ASION
Commtsslon # 17399S9Nolory Pub c - Co rornt,oLos Angeleslvrcqnn gQie6
County
Il/try l5 201 I
Tracy Aston
WITNESS my hand and officialseal.
No.7951
POWER OF ATTORNEY
BERKLEY R.EGIONAL INSURA,NCE CONIPANY
WILMINGTON. DELAWARI]
NOl'lCE: 'l'he rvarning lound elsewhere in this Power of Attorney affects the validity thereof. Pleasc review carefully.
K\OW ALL MLN BY TFIESE PR-ESENTS, thAt BERKLEY RECIONAL INSURANCE COMPANY (thc "COrnPANY"), A
corporation duly organized and existing under the laws of the State of Delaware, having its prrncipal olfice in Urbandale, lou'a,
has nradc, constitutcd and appointed, and does by these presents make, constitute and appointr Thonas S, Branigan' Ashraf
Elmasry, Brentla ll/ong, Marina B. Tapia, Etltaa C. Spector, Noemi Quirot or Simone Guhard of Aon Risk Insurance
Services West, Inc. of Los Angeles, C,4 its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated bclow
and to execute. seal. acknowledge and deliver any and all bonds and undedakings. with the exception of Financial Guaranty
Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 DoUars ($50,000,000.00), to tlre same extent
as if such bonds had been duly executed and acknowledged by the regularly elected omcers ofthe Company at its principal o{Ece
in their own proper persons.
This Power of Attorney 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 thereol This Power of Attomey is granted pursuant to t}le following
resolutions which were duly and validly adopted at a meeting of the Board of Directors ofthe Company held on August 21, 2000:
"RISOL!'ED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the aftomey-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 powe6 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 Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attomey reyokes all preyious powers issued on behalf of the attomey-in-fact named; and
further
RESOLVED, that the signatue of any authorized olficer and the seal of the Company may be affixed by facsimile to any
power of attomey or certification thereof authodzing 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 atfixed. The Company rnay continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has
coryoratc scal hcreunto affixed this |1 day of
cau!sed these presents to be signed and attested by its appropriate officers and its
Attest
(Seal)By
Ira S Lederman Robert P. Cole
Senior Vice President & Secretary Senior Vice President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERI(LEY" SECURITY PAPER.
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRT'IELD )
Sworn to before me, a Notary Public in the State of Connecticut, this --)1 dayef -Icr ," tr './,2010, by Robert P. Cole and lra
S. Lederman who are srvom to me to be the Senior Vice President, and the Senior Vrce President and Secretary. respectively, of
Berklcy Regional Insurance Company. E i LE
ff€
I KILLEE
7I PODLIC
2010,
Be
By
'o'"'ffipy^'"'
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKIEY RECION/.L INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, correct and complete copy of the orlginal Po$er of Attomey; that said Power of Anomey has not beer revoked
or rescinded and that the authority of the Attomey-itr-Fact set forth tr-Lrein, who exectrlqd rhe bond orL.rndertaking to which this
Power ofAttomey is attached, is in full force antl effect as ofthis dare. AUG - 6 2010
flt-.. ..- /Lnt <.t< ",-\0tlrr I)Lrhlic Sllle ol'(-onncctrcrrl
Given under my hand and seal of the Conpany, this __ day of _
I ,L-(.aat-.-(-(Scal)
Stcven Coward
,.1
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