FAITHFUL PERFORMANCE BOND
- MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 662,000 Tract Map 31229-2
Riv. Co. Flood Control $. Other Project Ref. IP25-004SD Water System Bond No. 0268049
Rec. Water $ Premium $ 3,972.00
Sewer System $
Total $ 662,000
Surety_ Berkley Insurance Company Principal KB Home Cal Management Services, LLC Address 475 Steamboat Road Address 36310 Inland Valley Dr. Suite 300 -
City/State Greenwich, CT City/State Wildomar
Zip code06830 Zip 92595
Phone — (203) 542-3800 Phone _951-691-5363
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Cal Management Services, LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to TM31229-2, 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 Berkley Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Hundred Sixty-Two Thousand and 00/100 Dollars, ($662,000.00) 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
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 January 15, 2026
NAME OF PRINCIPAL: KB Home Cal Management Services, LLC AUTHORIZED SIGNATURE(S):
By: Name:
Scott Hansen
Title: Vice President, Forward Planning
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkley Insurance Company
AUTHORIZED SIGNATURE:
My Hua/Hs Atto ney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
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, or validity of that document.
State of California
County of Riverside
JAN 1 6 2026
On _ 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 Comm, Expires war 27. 2026
Desiree A. Perez (SEAL)
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, or validity of that document.
State of California )
County of Orange
On JAN 15 2025 before me,. Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - -
[Name(s) of Signer(s)]
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.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2518209 Koender
My Comm. Expires May 22. 2029
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited • General Partner - Limited L General Individual X Attorney-in-Fact Individual • Attorney-in-Fact Trustee Guardian or Conservator Trustee • Guardian or Conservator Other: Other:
Signer Is Representing: _ Signer is Representing:
No. BI-10131h-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kathy R. Mair; Mechelle Larkin; My Hua; or Marie Claire Trinidad of Marsh USA LLC of Irvine, CA 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 Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$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 Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-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 powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney 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 attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney 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 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 caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of May_2024 NSURANCE Attest: Berkley Insurance Company
ORPORAT
SEAL By. By_
1975 Philip S. Welt Jeffrey M. Haffer
DELAWARE Executive Vice President & Secretary Senior Vice President
STATE OF CONNECTICUT)
) SS:
COUNTY OF FAIRFIELD
Sworn to before me, a Notary Public in the State of Connecticut, this _2ed day of _ by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President. respectively, of Berkley Insurance Company.
MARIA G. RUNDBAKEN
NOTARY PUBLIC Notary Public, State of Connecticut
CONNECTICUT
MY COMMISSION EXPIRES 04-80-2029 CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attooey Sagached, is in full force and effect as of this date. JAN 15 2025 o Gireiz under my hand and seal of the Company, this day of SEAL,
1935 Mite
OFLAWARE Vincent P. Forte
MATERIAL AND LABOR BOND
MENIFEE
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 662,000 Tract Map 31229-2
Riv. Co. Flood Control $ Other Project Ref. IP25-004SD
Water System $ Bond No._0268049
Rec. Water $ Premium Included in Performance Bond
Sewer System $
Total $ 662,000
Surety_Berkley Insurance Company Principal KB Home Cal Management Services, LLC Address 475 Steamboat Road Address 36310 Inland Valley Dr. Suite 300 City/State Greenwich, CT City/State Wildomar
Zip code 06830 Zip_92595
Phone _ 203) 542-3800 Phone 951-691-5363
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Cal Management Services, LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to TM31229-2, 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 Six Hundred Sixty-Two Thousand and 00/100 Dollars, ($662,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment ador abor.
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.
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 _ January 15, 2026
NAME OF PRINCIPAL:_ KB Home Cal Management Services, LLC AUTHORIZED SIGNATURE(S):
By: Name: Scott Hansen
Title: Vice President, Forward Planning
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Berkley Insurance Company
AUTHORIZED SIGNATURE:
Title
My Hua, is Attorney-in Fact
(IF CORPORATION, AFFIX SEAL
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docummet, to which this certificate is attached, and not the truthfulness, accuracy, State of California
County of Riverside
JAN 1 6 2026
_ 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 Comm. Expires Mar 27. 2026
Dang
Desiree A. Perez (SEAL)
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, or validity of that document.
State of California )
County of Orange
JAN 15 2025 Kathy R. Mair, Notary Public
On before me, _
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared My Hua - -
[Name(s) of Signer(s)]
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.
KATHY R. MAIR
Notary Public - California
Orange County
Commission # 2518209 ralunmen
My Comm Expires May 22, 2029
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL ------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - L Limited • General Partner - • Limited • General Individual Attorney-in-Fact Individual • Attorney-in-Fact Trustee Guardian or Conservator Trustee • Guardian or Conservator Other: • Other:
Signer Is Representing: Signer is Representing:
No. BI-10131h-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kathy R. Mair; Mechelle Larkin; My Hua; or Marie delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of (U.S.$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 Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-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 powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney 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 attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney 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 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 caused these presents to be signed and attested by its appropriate officers and its INSURANCE Attest: Berkley Insurance Company
SEAL By By
1975 Philip S. Welt Jeffrey M. Hafter
DELAWARE Executive Vice President & Secretary Senior Vice President
STATE OF CONNECTICUT)
} ssi
COUNTY OF FAIRFIELD
Sworn to before me, a Notary Public in the State of Connecticut, this 2ed day of May 2024 _ by Philip S. Welt and Jeffrey M. Hafter who are swom to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company.
Maso C. Padbaka
MARIA G. RUNDBAKEN
NOTARY PUBLIC Notary Public, State of Connecticut
OONNECTICUT
MY COMMIEBION EXPIRES 04-30-2020 CERTIFICATE
I, the undersigued, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attore ANcattached, is in full force and effect as of this date. JAN 15 2029 SEat under my band and sea of ize Company this. day of _ SEAL!
DELAWARE Vincent P. Forte