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KB Home Coastal, Inc. Faithful Performance Bond TR30142-1FAITHFUL PtrRFORMANCE BOND FOR GRADINC PROJECTS AND/OR EROSION COIYTROL.LANDSCAPI IMPROYEIVIENTS GRADING:Bond No. 114s783 premium $1.174.00 Su rcty Berkley Regional lnsuronce Company Address 505 N. Brand stud Suite 1040 Glen.lale CA 91203 Phone No: 8l&s50-1403 Rough (US)S Precise (US)S EROS ION CONTROL.LANDSCAPE: (us)s Total: (JS)S Principal Address KB HOlvlE Coastal lnc Tract/Parcel Map: Other Project No: Tt 30142-1 36310 lnlancl Valley Drive 8GR041628 Wildomar. CA 925 Whereas, 16e City of lr4enifee , State of Califomia,and KB HONlE Coastal lnc (hereinafter designated as "Principal") has entered into, or is about to enter into, the attached Agreement rvhereby Principal agrees to install and comPlete the above-designated grading project and/or erosion control-landscape improvements, relating to Tract30142-1 which Agreement is hereby referred ro and made a part hereoF; and WHEREAS, the Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement; NOW, THEREFORE, rve, dre PrinciPal and Berkley Regionallnsurance Company , as surety, are firmly bound unto the citvof-lrenifee , in the penal sum of Two Hundred ThinyEiqht Tlrousand Five Hundred and No/1otL--------ollars (S 238.500.00 )___n larvfui money of the United States, for lhe payment of rvhich sum rvell and kuly to be made, rve bind ourselves, our heirs, srrccessors, executors and administrators, jointly and severally, firmly by these presents, The conditions of this obligation is such that if the above bonded Princ)pal, his or its heirs, executors administrators, suqcessors or assigns, shalt in all things sland to and abide by, and rvell and truly keep and perfomr the covenants, conditions and provisions in the Agreement and any alteration thereof marie as therein provided, on his or tl:eir part, to be kept and performed at the same time and in the manner tlrerein specified, and in all respects according lo their true intent and nreaning, and shall indemniff and save harmless the Crty of l,4enifee its agents aad employees as therein stipulaled, then this obligation shall become null and void; othenvise it shall be and remain in full force and effect. As part ol rhe obligation secured hereby and in addition lo the face amount specified therefore, there shall be included cosls and reasonable expenses and fees, including reasonable attorney's fees, incurred by Ci1y in successlully enforcing such obiigation, all to be taxed as cosls and included in any judgment rendered- Phone No: 951-69r-5245 Fax No: s5r-677--.i90 The Surety hereby agrees that no change, extension of time, alteration or addition to the terms ofthe Agreement or to the work to be perlormed there undff or the specifications accompanying the same shall in any vay affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms ofthe A$eement or to the work or to the specifications. Surety further agrees that the provisions ofSections 2845 ofthe Civil Code are not a condition precedent to the Surefy's obligations hereunder and are hereby rvaived by the Surety. When the rough or precise grading and/or the erosion control-landscape rvork covered by this Agreement is complete, and the Building Director ofthe City has approved and accepted the rvork, the Building Director shall authorize the release of the appropriate amount of this securiry. In rvitress rvhereof, this instrument has been du)y executed by the Principal and Surety above named on August 6. 2010 (Date) NAME OF PRINCIPAL: AUTHORIZED SICNATURE (S): tl H c B tckAe.-It.Tit)e U P LAPD 4-€orZuAtll F ft_t e,+tA^/,T.?_. By Title (l f Corporation, AfI'ix Seal) NAME OF SURETY: Eerkl R lnsurance C AUTIIORIZED SIGNATURE: Wong. Attomey-irFFact (lf Co ation, Affix Seal) (ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE(S) OF PRINCIPAL AND ATTORNEY.IN-FACT. ) nr)r 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/sheAhey executed the same in his/h€rltheir authorized capacity(ies), and that by his/he+Ahe* 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 RICfIARD R. KltrEP Comr:ise,oir )il I 719ldl Nolory Pubilc - Colilornlq ? /a.u- K- lLr-- Richard R. Keller (SEAL) State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Auq ust 6. 201 0 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/a+e subscribed to the within instrument and acknowledged to me that he/she/tl+ey executed the same in his/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. WITNESS my hand and officialseal. ]RACY ASIOII Commlsston # 1139959Noloty Pubiic - Cailfornio Los Aigeles County twcc.nm. E4jtes lwry 15,201 I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. &uqfu Tracy Aston No. 7951 PO\! t:lt OF A'fl OI{NUY ITERKLEY RI]GIONAL INSURA.l\.C]E CO}IPANI \\, I I-\I I\(;TON. DEL,,\\\"\RE NOTICET Thc uarning lound elservlrcre in this Po*,er o{ Attonley affects thc validity thereol'. I'lease review carefully. KNOW ALL Mt.]N BY THESI PRESENTS, that BERKLEY REGIONAL INSUId{NC]E COMPAN\, (thc .,COn1paNY''), a corT)oration duly organized and cxisting under the Ia\\s of the' State of Delau'are, having its priucipal office in Urbandale, [owa, Iras madc', constit ed ald appointed, and does by these presents make, constitute and appoint: Thouss S. BrstiSa ' Ashraf Elntsr1,, Brendt ll/otg, Llarito B. Tapia, Edx,ard C. Spectot, t\"oe i Quiroz or Sirtro a Gerlwrd of Aon Risk Insurance Seryices ll/est, Irtc. of Los Angeles, C,4 its true and larvful 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, rvith 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 duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Anomey 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 thereof. This Power of Attomey is granted pwsuant 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 ofthe Company are hereby authorized to execute powers of attomey authorizing and qualifying the attomey-in-fact mmed 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 pursuant hereto; and fiuther RESOLI'ED, that such power of attomey limits thc 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 attorney revokes all previous porvers issued on behalf of the attomey-in-lact named; and further RESOL\/ED, that the signature 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 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 statcd the facsimile signature of any person or persors rvho shall have been such officer or officers of the Cornpany, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." caused thess pres€nts to be signed and attested by its appropriate officers and itsIN WITNESS WHEREOF, the Company has corporate seal hcreunto affixed this !1 day of Attest , 2010. Be By rkley Re llnslrr nce Company (Seal)By Ira S nriln Robert P. Colc Senior Vice President & Secretary Senior Vice President IVARNING: THIS POWER INVALID IF NOT PRINTED O^. BLUE (BERKLEY" SECURTTY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRI'IELD ) Sworn to before ne, a Notary Public inth€ State ofconnecricut, this ]? dayol --r c'.',. u.'. 'r,2010. by Robert P. Cole and [ra S. Ledennan who are srvom to me to be the Senior Vice President, and the Senior Vrce President and Secretary, respectively, of Berkley llegional Insurance Company ,i v.ll{,rr itihlF3a "^Notary Public, Slate of Connecticirl CERTIF'ICATL l, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COiUPANY, DO HEREBY CERTIFY that the loregoing is a true, correct and complete copy ofthe original Forver olAttorney; that said Porvcr of Anorney has not been revoked or rescinded ard that the authority of the Anomcy-in-Fact set fofih thercin, rvho executed the bond or undenaking to which this Power of Attomey is attached, is in full force and effect as ofthis date. Given under ruy hand and seal of the C-ompany, this ___ day of AUG - 6 2010 /'.' ; - .-,-<--(Scal) Slcvrrl Co\\'ard -z'/--f ,/'