KB Home Coastal, Inc. Faithful Performance Bond 0151417FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND/OR
EROSION CONTROL.LANDSCAPE IMPROVEMENTS
Bond No. 0151417
Premium $438.00
Surety Berkley Regional lnsurance Company
Address so5l'1. Brand El.,,d Suite I040
Glendale. CA 91203
Phone No: 81&550-1403
Fax No: 86G943-s880
GRADING:
Rough (US)$
Precise (US)S
EROS tON CONTROL.LANDSCAPE :
(us)s
Toul: 0JS)$
25.000.00
25
Principal
Address
KB HOME Coastal lnc Tract/Parcel Map:
Other Project No:
Tr 30142-1
36310 lnland Valley Drive P,GR
Wildomar CA
Whereas, tlre City of Menifee , State of Califomia, and
(hereinafter designated as "Principal") has entored into
Agr."t.nt rvhereby Principal agrees to install and com
arid/or erosion control-landscaPe improvements, relating
referred to and made a part trereof; and
KB HOlvlE Coastal lnc
, or is aboul
plete the abov
to Tract 30142-1
to enter into, the auaclred
e-designated grading project
rvhich Agreement is hereby
WHEREAS, the Principal is required under the terms of the Agreement to rumish a bond for the
[aithful performance of the Agrecment;
NOw, THEREFORE' rve, the Principal and Berklev Regional lnsurance companv - - '
, as surety, are firmiy bound unto the citv of'l"lenifee " ' in the
ollars ($ ?sPss+ )
i*rn,t *on"y-f tn" Unit.a St.tolGiIG puyt*nt of rvhich sum rvell and truly to be made, rve bind
ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The conditions of this obligation is such that if the above bonded Principal, his or its.heirs., executors
,i111inirrrutoo, successors ir assigns, shall in all things stand to and abide by, and rvell and truly keep
,iJ p"rfo*, the covenants, condilons and provisions in the Agreement and any alteration thereof made
as therein provided, on his or tlreir part, to be kept and performed at the same time and in th€ manner
therein specified, and in all respecti accordin* to their true intent and meaning, and shall indemni&
and savg harmless the Cityof lvlenifee iis agents and employees as therein stipulated, then this
obligarion shall become nuil and void; otherrvise it shall be and remain in full force and effect.
As part of the obligation secured lrereby and in addition to the.face amount specified lherefore, there
shail be included costs and reasonable expenseS and fees, including reasonable attorney'S fees, incurred
by city in successfully enforcing such obligation, all to be taxed as costs and inotuded in any
judgment rendered.
Phone No: 951-691-5245
Fax No: 951-677-2190
The Surety hereby agrees that no change, extension of time, alteration or addition lo the terms of the
Agreernent or tO the work to be perlormed there Under or the specifications accompanying the same
sh-all in any .rvay affecr its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Agreement or to the work or to tle
specifications. Surety further agrees thal the provisions of Sections 2845 of the Civil Code are not a
condition precedent to the Surety's obligations hereunder and are hereby rvaived by the Surefy'
When the rough or precise grading and/or the erosion control-laodscape rvork covered by this
Agreement isiompiete, .nd th. B'-rilding Director ofthe City has approved and accepted the rvork,
th; Building Direcior shall authorize the release of the appropriate amount of this security.
In ,rvitrless rvhereof, this instrument has been ddy executed by the Principal and Surety above named on
August 6. 2010
S HOI\,'l
AUTHORIZED SIGNATURE (S):
u t cU Aec A.Titte vP LAr)4-flirzuA LAlvll /to o'
Fa€cnA,u,fl.
By
Title
(lf Corporation, Affix Seal)
NAME OF SURETY: serkt llnsura c
AUTHORIZED SIGNATURE:
a Wong. Attomey-in-Fact
(lfCorporation, Afiix Seal)
(ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE(S) OF PRINCIPAL AND
ATTORNEY-IN-FACT.)
(Date)
NAME OF PRINCIPAL:
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/are
subscribed to the within instrument and acknowledged to me that
he/sheAhey executed the same in his/h€#th€i+ authorized capacity(ires),
and that by his/he#thei+ 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.
RICI{AND R. KEI.I."ER
Comrnlsclon # l719140
Nolory Publlc - Collfornlo
Rlvorslda County
trty Comm. Expli,:s Jon 21. 20'l I//re rc-lk --
Richard R. Keller (SEAL)
1
CALI FORN IA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On Auqust 6. 2010 before me Tracy Aston. Nota ry Public, personally
appe ared Brenda Wonq , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(e) is/a+e
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/th€+ 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 PENALW OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal.
rR,AcYA sIONCommjssion #t 73995Notory
v
9
los Ange/es Counl
Co,itor;lo:
IttVCcanx.&ptee tf"ry lq 2ot I
Pub,ic.
gele4
Tracy Aston
No.7951
POWER OF ATTORNEY
BERI(Lf, I' REGIONAL INSURAIiCE CONIPANY
WII,MINOTON, DELAWARE
NOTICE: The uarning found elservhere in this Po[er of Attomey at'fects the validity thereof. Plcase review carefuliy.
KNOW ALL MEN Ily TltIlSE PRESENTS. thar BERKLEY REGIONAL II{SUII.ANCE COI\{PANY (the "Company"), a
corporatiou dlly organized and existing uflder the la$'s oi the State of Delauare, having its principal ottice in Urbandale, Iowa,
has n.radc. constitutqd and appointed, and does by these presents urake, constitute and appoint: Thonas S. Bro gan, Ashraf
Dlmtsry', Brenda ll/ong, Marina B. Tryia, Edward C. Spector, Noemi Quiroz or Simone Gerhard of,1on Risk Insurance
Seflices West, Inc. of Los Angeles, C,4 its true and larvfi,ll Attomey-in-Fact, to sign its name as surety only as delineated below
and to execute, seal. acknouledge and deliler any and all bonds and undertakings, with the exception of Financial Guaranty
lnsurance, providing thar no singte 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 ofthe Company at its principal office
in their own proper pemons.
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 conflicts of laws thereof. This Power of Attomey is granted pursuatrt to the following
resolutions which were duly and validly adopted at a meeting ofthe Board of Directorc of the Company held on August 21, 2000;
"RXSOLVED, that the proper officers of the Company are hereby authorized to execute powers of attomey 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 powen of attomey executed pursuant hereto;
and furthcr
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
mamer and to the extent therein stated: and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
funher
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attomey or ce ificatio[ 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
ihough manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or otficers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
caused these presents to be signed and attested by its appropriate officers and its
Attest
,2010.
Berkley
Lederman Robert P. Cole
Senior Vice President & Secretary Scnior Vice President
WARNINC: THIS POWER INVALID IF NOT PRINTED ON BLUE (BER-I,iLEY" SECURITY P.A.PER.
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of CoDnecticut, this _-.r11 day o1 ' Iir ,. t :. "y, 2010, by Robert P. Cole and lra
S. Lederman who are sworn to me to be the Senior Vice President, ana tn 3."1o, Vi.iTr.r7*t and Secretary, respectively, of
lI rLLI\' Iic3ionll Insurlnct' ( orDpanr
(Seal)Ily By
Power of Attomey is attached, is in full force and eflect as of this date.
Given under my hand and seal ofthe Company, this _ day of
ll Ins eCompany
,r', i, , i . ':1. ',.. ir,s)i: r ' Notary Public, State ofconnecticut
CERTIFICATE
l, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CER'IIFY that the
foregoing is a true, correct and complete copy ofthe origina! Power of Attomey; that said Power of Attomey has not been revoked
or rescinded ard that the authority of the Attomey-u-Fact ser forth therein, who executed the bond or undertaking to which this
AUG - 6 2010
(Seal)
steven
()*tr--<-
IN WITNESS WHEREOF, the Company has
corporate scal hcreunto affixed this 11 day of
lra S.
Coward
lnstructions lirr lnquirics and \oticcs I nder the Bontl ,,\ttachetl to-l'his l,orrcr
lnsurance ( ontpanr. ( r)ntincntAl \\estt'rn lnsrrranct ( onrpant. antl t'nion lnsurlnee ( onrl)irr\.
lo rtril\ lhc xltlrrnticit\ ol'thir llorrtl. plelse e:rll 1166-761{-.15.1J or t,rnlil l}S(ilnrluirr rr rr rbcsrrrclr.conr
\n\ \r rillljn noticcs. inqttirirs. clainrr ol rlt,rrralltlr lr) lhc sur(.t\ 0rr the ltond to nhich this Ritlcr ir irttlr:hrd
rhou ltl hc rlircctcd to:
lit'rklc1 Su rr:tr Groull. l-1.(III \lounl Kt.nrhlr \renur
slrilc.lll)\
llorristorr n. \.1 079611
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l'lt'urc irtt lutlc s ilh all noticcs tlrc hond nunrher anrl tlrr nxrlr ol thc princip.rl on lhe l)on(1. \\ hclc ir cluinr i,.
Ittittg:trscrlrtl. I)ler\c \cl lirrtlt gcrrerallr thc husis ol lhc clainr, ln tlrc crrrt,ol-{ pn\ntrnt or pcrlirrntancc bonrl.
;tlt'ust itlrnlilr lhr projcr:t lo rlhich thr hott(l;lertainr.