CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 5,946,500.00 Tract Map TM31456 Riv. Co. Flood Control $ 1,323,500.00 Other Project Ref._IP18-060 Water System $ 463,500.00 Bond No. 30212969
Rec. Water $ 0.00 Premium $53,484.00
Sewer System $1,180,500.00
Total $ 8,914,000.00
Surety The Continental Insurance Company Principal KB Home Cal Management Service LLC Address 151 N. Franklin Street Address 36310 Inland Valley Drive, Suite 300 City/State Chicago IL City/State_Wildomar, CA
Zip code _ 60606 Zip 92595
Phone 312-822-5000 Phone 951.691.5282
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Cal Management Service LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and com- plete the above designated public improvements relating to 31456, which agreements) dated , is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal and The Continental Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Eight Million Nine Hundred Fourteen Thousand and 00/100, Dollars, ($8,914,000.00) 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 agreements) 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; otherwise, 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 of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
CITY OF
MENIFEE
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) or to the work to be performed thereunder 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 to the terms of the agreements) or to the work or to the specifications..
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil 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 agreements) 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).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 16th
KB Home Cal Management Service LLC
NAME OF PRINCIPAL:
AUTHORIZED SIGNATURE(S):
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Continental Insurance Company
AUTHORIZED SIGNATURE: Main Marie Claire Trinidad, Attorney-in-Fact Its Attorney-in Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On October 17, 2024, before me, Desiree A. Perez, Notary Public, personally appeared Scott Hansen, 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/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 official seal.
DESIREE A. PEREZ
Notary Public • California
Riverside County
Commission = 2398856
My Camm. Expires wa: 27. 1014
Desiree A. Perez (SEAL)
"-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _Orange
On 10-16-202 before me, - Mechelle Larkin, Notary Public personally appeared Marie Claire Trinidad _ 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/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 official seal.
lift.
Signature
Mechelle Larkin, Notary Public
(seal)
MECHELLE LARKIN
Notary Public - California
Orange County
Commission #2353398
V Comm. Expires ADr 24, 2025 i
пророко
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men Bs These Presents. That Ihe C'ononental Insurance Company, a Pennsy Ivama insurance company, is a duly organized and evistng insurance company having its prancipal office in the City of Chicago, and State of Ilmors, and that it does by virtue of the signature and seal herein altived hereby make, constitute and appome
Marie Claire Trinidad , Individually
California alls leand law file Attorney stem-Fact wath fall power and authony herchy confered to sign, seal and coccule lir and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30212969
Principal: KB Home Cal Management Service LLO
Obligee: City of Menifee
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorncy, pursuant to the authority herchy given is hereby ratified and confirmed.
This Power of Aloney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed below, duly adopted, as indicated, by the Board of Directors of the insurance company
In Witness Whereof, The C'ontinental Insurance Company has caused these presents to be signed by its Vice President and its corporate scal to be hereto affixed on this 13th day of March, 2024.
The Continental Insurance Company
C, Kastin
Lairy Kasten Vice President
State of South Dakota, County of Minnchaha, ss:
On this 13th day of March, 2024, before me personally came Larry Kasten to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance C'ompany, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal aflixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
M. BENT
NOTARY PUBLIC M. Bent
AL SOUTH DAKOTA (SEAL
My Commission Expires March 2, 2026 M. Bent Notary Public
CERTIFICATE
1, Paula Kolsrud, Assistant Secretary of The C'ontinental Insurance Company, a Pennsylvania insurance company, do herchy certily that the Power of Attorney herein above set forth is still in force, and further certify that the By-Laws and Resolutions of the Board of Directors of the insurance company printed below are still in force, In 16th day of October 2024
testimony whereof have hercunto subscribed my name and affixed the seal of the said insurance company this The Continental Insurance Company
Gaula Kolsrud
Paula Kolsrud Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Powerof Automey is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe C'ompany at a mecting held on May 10, 1995
This Power of Attomey is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power ofattomeys on behalf of The C'ontinental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the C'ompany by unanimous written consent dated the 25" day of April, 2012:
«Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the " Authorized Officers") to exceute various policies, bonds, undertakings and other obligatory instruments of like nature; and hereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile ‹ herwise in an electronic format (collectively, "Electronic Signatures'"): Now therefore be it resolved: that the Elcctronic Signature of any Authorized Officer shall E valid and binding on the Company.
This Powerof Attomey may be signed by digital signature and sealed by a digital or otherwise clectronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratily and confirm any corporate documents signed by digital signatures and to ratity and confirm the use of'a digital or otherwist electronic-formatted corporate seal, cach to be considered the act and deed of the Company." Form F6850-2/2024
CITY OF
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 2,973,250.00 Tract/Parcel Map IM31456 Riv. Co. Flood Control $ 661,750.00
Rec. Water $ 0.00
Water System $ 231,750.00 Bond No. 30212969
Sewer System $ 590,250.00 Premium _Included In Performance Bond Total $4,457,000.00
Surety The Continental Insurance Company Principal_KB Home Cal Management Service LLC Address 151 N. Franklin Street Address 36310 Inland Valley Drive, Suite 300 City/State_Chicago IL City/State Wildomar, CA
Zip. 60606 Zip 92595
Phone 312-822-5000 Phone 951-691-5282
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Cal Management Service LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and com- plete the above designated public improvements relating to, which agreements), dated , is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreements), 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Four Million Four Hundred Fifty Seven and 00/100 Dollars, ($4,457,000.00) for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance 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 of Menifee 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 judgment 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 entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 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. 10/26/20
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 15th 2024
NAME OF PRINCIPAL: KB Home Cal Management Service LLC
AUTHORIZED SIGNATURE(S):
By:
Name:
Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: The Continental Insurance Company
AUTHORIZED SIGNATURE: Main f11 Marie Claire Trinidad, Attorney-in-Fact Its Attorney-ih-Fach Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
10/26/20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, State of California
County of Riverside
On October 17, 2024, before me, Desiree A. Perez, Notary Public, personally appeared Scott Hansen, 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/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 official seal.
DESIREE A. PEREZ
Notary Public - Cafifornia
Riverside County
Commission = 2398856
My Camm. Exaires Mar 27. 2026
Nany
Desiree A. Perez (SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 10-16-70241 before me, - Mechelle Larkin, Notary. Public personally appeared _ Marie Claire Trinidad _ 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/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 official seal.
Whin
Signature
Mechelle Larkin, Notary Public
(seal)
MECHELLE LARKIN
Notary Public - California
Orange County
Commission# 2353398
My Comm. Expires Apr 24, 2025
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT company in Men By These Presente, Tha he Congo, and tate once Cos any a Per senia insurance so many, is sely organize and ely in antire Marie Claire Trinidad , Individually
California _ its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30212969
Principal: KB Home Cal Management Service LLC
Obligee: City of Menifee
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed below, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 13th day of March, 2024.
The Continental Insurance Company
Cry Katin
Larry Kasten Vice President
State of South Dakota, County of Minnehaha, ss:
On this 13th day of March, 2024, before me personally came Larry Kasten to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
M. BENT
NOTARY PUBL M. Bent
EAL SOUTH DAKOTA (SEAL
My Commission Expires March 2, 2026 M. Bent Notary Public
CERTIFICATE
1, Paula Kolsrud, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Laws and Resolutions of the Board of Directors of the insurance company printed below are still in force. In 16th day of _ October 2024
testimony wiereof 1 have hereunto subscribed my name and affixed the seal of the said insurance company this The Continental Insurance Company
Gaula Kolarud
Paula Kolsrud Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'' day of April, 2012:
*Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the " Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unaninous written consent dated the 27th day of April, 2022:
RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and onfirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company? Form F6850-2/2024