KB Home Coastal, Inc. Faithful Performance Bond TM30142-1 114787FAITHFUL PERFORMANGE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage
Water System
Sewer System
$
G
$
TracVParcel Map
Bond No. 1145787
Premium $5.eo6.oo
30142-1
337.500 00
Surety Berkley Regional lnsurance Company PfinciPal KB Hor'4E coastal lnc
AddfeSS 36310 lnland valley DriveAddfeSS 5os N. Brand Bvd.. suite 1040
City/State Glendale, CA City/State WlldonEr. CA
Zip code grzor zip
Phone s1s-Sst'1403 Phone ssr-egr-sz+s
WHEREAS, the City of Menifee, State of California,and KB HON1E 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)which agreement(s) isiareTr 30142-1
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 performance of said agreement(s);
NOW, THEREFORE, we the principal and eerkley Resional rnsurance conrpany , as
surety, are held and firmly bound unto the City of Menifee in the penal sum of rhree Hundred rhidy
Seven Thousand Five Hundred and No/10G- DOllafS $ :rz.soo.oo )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; othenivise, 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.
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 Civii Code and
commencement of construction are not conditions precedent to surety's obligations hereunder
and are hereby waived by surety.
When the work covered by the agreement is complete, the City of Menifee will accept the
work and thereupon, the amount of the obligation of this bond is reduced by 90% with the
remaining 10% held as security for the one-year maintenance period provided for in the
agreements(s).
August 6
NAME OF pRlNClpAL: KB HoME coastar lnc.
AUTHORTZED STGNATURE(S):
By
Name', ru rca Aeu Jl Fl€enA n.dc.
P"nrru'n'"Ttlei YP LA,vt> +-dALD
NAME OF SURETY:Berkley Regi nce Company
AUTHORIZED SIGNATURE:
Attorney-in-Fact Titie
Brenda Wong. Attomey-il}Fact
(rF coRPoRATtON, AFFTX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINC]PAL AND
ATTORNEY-IN-FACT.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, on 2010
(rF coRPoRATtON, AFFrX SEAL)
CALIFORNIA ALL.PU RPOSE ACKNOWLEDGM ENT
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/are
subscribed to the within instrument and acknowledged to me that
he/sheAhey executed the same in his/h€{Ah€+ 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.
WITNESS my hand and official seal.
/ZL- t4- ///L-
Richard R. Keller (SEAL)
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
1- -{,m. **"Rql
iWdffit'.fu[ll
CALI FORN IA ALL.PU RPOSE ACKNOWLEDGMENT
State of Galifornia
County of Los Angeles
On Auqust 6.2010 before me Tracv Aston , Notary Public, personally
appeared Brenda Won 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/ttrey executed the same in h+s/her/the+F authorized
capacity(ies), and that !y ffi/hsr/the+r 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.
TRACY ASION
Commlsslon # 1739959
Nolory Pubtic - Co tornto
Los Angeles Counly
t VCqrYn. Erqr6 i.4oy I 5, 201 I Tracy Aston
,tr}x(#glq&4
No.795l
POWtl]R OF ATTORNEY
BERKLEY RECIONAL INSURANCE COMPAI{Y
WII-M INGf ON, DELAWAI{lr
NOTICE: The wamiug lbund elsewhere in this Pow€r ofAttorncy aff'ects the validity thereoL Please review carefully.
KNOW ALL MEN I]Y TTIESE PRIiSINTS, tlrat I]IiRKLI]Y REGION.AL INSURANCE COMPANY (the ..COMPANY,'), A
sorporation duly organizcd and existing under the laws of thc Statc of Delaware, having its principal office in Urbandale, Iowa,
has nradc, constitutcd and appointed, and does by thcse presents make, constihrte and appoint: Thofias S. Branigqn, Ashruf
Eluasry, Brenda Wong, Marina B. Tapia, Edwsrd C. Spector, Noemi Quiroz or Simone Gerhsrd of Aon Risk Insurance
Services West, Inc. of Los Angeles, C,4 its true and lawful Attorney-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
lnsurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent
as if such bonds had been duty executed and acknowledged by the regularly elected officers of the Cornpany at its pdncipal offrce
in their own proper persons.
This Power of Attorney shalt 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 thereof. This Power of Attomey is granted pusuant to the following
resolutions which were duly and validly adopted at a meeting ofthe Board ofDirectors ofthe Company held on August 21, 2000:
"RESOLVED, that the proper ofhcers ofthe Company are hereby authorized to execute powes of attorney authorizing and
qualifying the attomey-in-fact named therein to execute bonds, undenakings, recognizances, or other suretyship obligations
on behalf of the Company, and to afnx the corporate seal of the Company to powers of attom€y executed pusuant hereto;
and further
RESOLI'ED, that such power of attomey limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specilically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
R"ESOLVED, that such power of anomey 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 affixed by facsimile to any
power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Companyt 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 signahue of any
persoo or persons who shall have been such oflicer 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 Comp.any ha
corporate seal hereunto affixed this lZ day o
s cauf1sed these presents to be signed and attested by its appropriate officers and its
Atlest:
By
, 2010
B
B
"'YzYruerkl mpany
(Seal)v
Ira S Lederman Robert P. Cole
Senior Vice President & Secretary Senior Vice President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE .BERKLEY" Sf,CURITY PAPER.
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIR.FIELD )
Sworn to before me, a Notary Public in the State ofConnecticut, this:11 day of td rv t4.7, 2010. by Robert P. Cole and Ira
S. Ledennan who are swom to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of
N KILLEE-
IRY PTIBLIC
N FIQIPFq . T NF !(
97.( aLLtrL- /4</ 4_a.+1
CERTIFICATE
I, the undersigned, Assistart Secretary ofBERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, corect and cornplete copy of the original Power of Attorney; that said Power of Attomey has not been revoked
or rescinded ard that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this
Berkley Regional Insurance Company. 6; 11
N{
MYC(ll.{vl.
Power of Attomey is attachcd, is in full force and effect as of this date.
Given under my hand and seal ofthe Conlpany, this _ day of
Notary Public, State ofConnecticut
AUC - 6 2010
ta,tl t'-.-1-(Seal)
Steven Coward
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