Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17047 Bond No.: EACX4003603
Case No.: Premium: $526.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and KB Home Coastal, Inc.
(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , and identified as Tract Map No. 17047
Case No. for- Autumn Glen
Improvements), is hereby referred to and made a part
hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and Endurance Assurance Corporation _ a corporation of the State of Delaware doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum of Eighty Seven Thousand Six Hundred Twenty Three and 23/100 dollars, ($_87,623.23 ), lawful money of the United States, for the payment of which sum well and truly to 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 bounded 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 City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall 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 included in any judgment rendered.
CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank. 030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 17047
Case No.:.
Bond No.: EACX4003603
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named February 9th , 20_ 21
Replaces Bond issued on February 3, 2021.
KB Home Coastal, Inc. Endurance Assurance Corporation
Name of Principal (Applicant) Name of Surety Company
By:
By: SCOtT HANSEN By: Brenda Wong
By: By: _ Attorney-in-Fact
Mailing Address:
36310 Inland Valley Drive 303 West Madison Street, Suite 1800 Address of Principal Address of Surety Company
Wildomar, CA 92595 Chicago, IL 60606
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Signed in Counterpart
John Preston, Risk Manager City Attorney
CCP: ccp
Ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 17047
Case No.: _
Bond No.: EACX4003603
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on_February 9th , 20 21 Replaces Bond issued on February 3, 2021.
KB Home Coastal, Inc. Endurance Assurance Corporation
Name of Principal (Applicant) Name of Surety Company
By: By: Dualeully
By: ScOt HANSE By: Brenda Wong
By: By:_ Attorney-in-Fact
Mailing Address:
36310 Inland Valley Drive 303 West Madison Street, Suite 1800 Address of Principal Address of Surety Company
Wildomar, CA 92595 Chicago, IL 60606
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Signed in Counterpart
John Preston, Risk Manager City Attorney
CCP:ccp
/shared/Development/Projects/SuretyRecoverv/Forms/FPBond.Blank. 030520 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 _ Los Angeles
FEB 0 9 2021 _before me, _R.Rangel, Notary Public, personally appeared Brenda Wong 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 capacityfies), 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.
some g. Ba
(seal)
R. Rangel, Notary Public
R. RANGEL
COMM. #2249405
Notary Public • California
Los Angeles County
My Comm. Expires Aug. 7, 2022(
ENDURANCE ASSURANCE CORPORATION
11857
POWER OF ATTORNEY
Know all Men by these Present, that ENDURANCE ASSURANCE CORPORATION, a Delaware corporation (the "Corporation), with offices at 4 Manhattanville Road, 3rd Floor, Purchase, NY 10577, has made, constituted and appointed and by these presents, does make, constitute and appoint Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales, Joaquin Perez, Jeffrey Strassner its true and lawful Attorney/s)-in-fact, and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of TEN MILLION Dollars ($10,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorneys)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its corporate seal attested by its Corporate Secretary This appointmentis made under and by authority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 9th of January, 2014 a copy of which appears befow under the heading entitled "Certificate".
This Power, or Attorney le signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consen on January 9, 2014 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014, the signature ch directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of atteme or gertificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is atlached.
IN WITNESS WHERE the Corporation has caused these presents to be duly signed and is corporate seal to be hereunto affixed and attested this 25th day of JUNE of 2019 at (Corporate Seal) ENDURANCE ASSURANCE CORPORATION
ATTEST By
Manana I WISH Sharmf Fine
MARIANNE L WILBERT, SENIOR VICE PRESIDENT SHARON L. SIMS, SENIOR VICE PRESIDENT STATE OF NEW YORK SS: MANHATTAN
COUNTY OF NEW YORK
On the 25th day of JUNE of 2019 before me personally came SHARON L SIMS, SENIOR VICE PRESIDENT to me known, who being by me duly sworn, did depose and say that (s)he resides in SCOTCHPLAINS,NEW JERSEY that (s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described in and which executed the above instrument, that (s)he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Dyectors of said Corporator, and that (s)he signed his (her) name thereto by like order Notarial Seal: 63339 K1 N
" P
QUALIFIED IN
NEW YORK COUNTY! Nicholas James Benenati, Notary Public - My Commission Expires 12/6/2019 STATE OF NEWYORK? ss: MANHATTAN CERTIFICATE
• COUNTY OF NEW YORK
*I CHRISTOPNER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the "Corporation", hereby certify:
1. That the originai power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modifed; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or co-surety with others:
CHRISTOPHER DONELAN, SHARON L. SIMS, MARIANNE L. WILBERT Ange upstarance
RESOLVED, Mateach of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or poligations in surety or co-surety for and on behalf of the Corporation. 3 The undersigned further cortfies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 9th day of_ February 2021. (Corporate Seal 02
Chastyah Drela
AWARE
CHRISTOPHER DONELAN, PRESIDENT
Any reproductions are void
Primary Surety Claims Submission: [email protected] Surety Claims Hotline: 877-676-7575
Mailing Address: Surety Claims Department, Sompo International, 1221 Avenue of the Americas, 18th Floor, New York, NY 10020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notan suite or ole of er competing this ericate erd, on the enty of the diel. or validity of that document.
State of California
County of Riverside
On February i0, 2021 before me, Claudia Camorlinga, Notary Public, personally appeared Scott Hansen. who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.
CLAUDIA CAMORLINGA
Nolary Public - California
Riverside County
Commission # 2223835
My Comm. Expires Dec 1, 2021
Claudia Camorlinga, Notary Public (SEAL)
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17047 Bond No.:_EACX4003603
Case No.: Premium: Included in Performance Bond
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and KB Home Coastal, Inc.
(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 20 _, and identified as Tract Map No. 17047 and
Case No.: for Autumn Glen
Improvements), is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Victorville 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_Endurance Assurance Corporation _ doing business under and by virtue of the laws of the State of Delaware and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Three Thousand Eight Hundred Eleven and 62/100 dollars, ($_43,811.62 _, lawful money of the United States, 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 City 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 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.
Public Improvements
Labor & Materials Bond
Tract Map No.: 17047
Case No.:
Bond No.: EACX4003603
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performec hereunder or the specifications accompanying the same shall in any manner affect it:
obligations 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 9th , 20_21 Replaces Bond issued on February 3, 2021.
KB Home Coastal, Inc. Endurance Assurance Corporation
Name of Principal (Applicant) Name of Surety Company
By: 21
By: _ SCOTT HANSEN By: Brenda Wong
By: Attorney-in-Fact
By:
Mailing Address:
36310 Inland Valley Drive 303 West Madison Street, Suite 1800 Address of Principal Address of Surety Company
Wildomar, CA 92595 Chicago, IL 60606
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Signed in Counterpart
John Preston, Risk Manager City Attorney
CCP: ccp
/shared/Development/Projects/SuretyRecoverv/Forms/L&MBond.Blank. 030520 Public Improvements
Labor & Materials Bond
Tract Map No.: 17047
Case No.:
Bond No.: EACX4003603
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be pertormed thereunder or the specifications accompanying the same shall in any manner affect its obligations 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 9th , 20_21 Replaces Bond issued on February 3, 2021.
KB Home Coastal, Inc. Endurance Assurance Corporation
Name of Principal (Applicant) Name of Surety Company
By: 2. or builaug
By:< COTT HANSEN By: Brenda Wong
Attorney-in-Fact
By: By:
Mailing Address:
36310 inland Valley Drive 303 West Madison Street, Suite 1800 Address of Principal Address of Surety Company
Wildomar, CA 92595 Chicago, IL 60606
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Rubin Signed in Counterpart
John Preston, Risk Manager City Attorney
CCP: ccp
shared/Development/Projects/SuretyRecovery/Forms/L&Mond Blank. 030520 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 Los Angeles
On FEB 0 9 2021 before me, _R.Rangel, Notary Public, personally appeared Brenda Wong 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 capacityfies), 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.
(seal)
R. Rangel, Notary Public
R. RANGEL
COMM. #2249405
Notary Public • California
Los Angeles County
My Comm. Expires Aug. 7, 2022(
ENDURANCE ASSURANCE CORPORATION
11857
POWER OF ATTORNEY
Know all Men by these Present, that ENDURANCE ASSURANCE CORPORATION, a Delaware corporation (the "Corporation), with offices at 4 Manhattanville Road, 3rd Floor, Purchase, NY 10577, has made, constituted and appointed and by these presents, does make, constitute and appoint Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales, Joaquin Perez, Jeffrey Strassner its true and lawful Attorneys)-in-fact, and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of TEN MILLION Dollars ($10,000,000.00)
Such bonds and undertakings for said purposes, when duly executed by said attorneys)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its corporate seal attested by its Corporate Secretary.
This appointmentis made dider and by authority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous witten consent on the 9th of January, 2014. a copy chich appeats betow under the heading entitled "Certificate".
This Power of Attorney e signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous witten consenton January 9, 2014 and sald resolution has not since been revoked, amended or repealed:
RESOLVED matin granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respecto any bond or undertaking to which it is attached.
IN WITNESS WHEREOf the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affxed and attested this 25th day of JUNE of 2019 at (Corporate Seal) ENDURANCE ASSURANCE CORPORATION
ATTEST By
Manorse LISTO Sharon f. Sine
MARIANNE L WILBERT. SENIOR VICE PRESIDENT SHARON L. SIMS. SENIOR VICE PRESIDENT STATE OF NEW YORK SS: MANHATTAN
COUNTY OF NEW YORK
On the 25th day of JUNE of 2019 before me personally came SHARON L. SIMS, SENIOR VICE PRESIDENT to me known, who being by me duly sworn, did depose and say that (s)he resides in SCOTCH PLAINS, NEW JERSEY that (s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described in and which executed the above instrument, that (s)he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporatio, and that (s)he signed his (her) name thereto by like order.
NO
(Notarial See 6333911
QUALIFIED IN
NEW YORK COUNTY Nicholas James Benenati, Notary Public - My Commission Expires 12/6/2019 STATE OF NEW YORK ss: MANHATTAN
CERTIFICATE
COUNTY OF NEW YORK
I, CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the "Corporation"*), hereby certify:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or co-surety with others:
CHRISTOPHER DONELAN, SHARON L. SIMS, MARIANNE L. WILBERT HE SOLVED, feeD of the rials named above is authorized l apint tome in at or he purpose of making, executig, seling and delivering bonds, undertakings or obligations in surety or corsurety for and on behalf of the Corporation. 13 The undersigned further certies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal this 9th day of February 2021. (Corporate Seal)
Chrstoph Drelan
AWARE
CHRISTOPHER DONELAN, PRESIDENT
Any reproductions are void.
Primary Surety Claims Submission: [email protected] Surety Claims Hotline: 877-676-7575
Mailing Address: Surety Claims Department, Sompo International, 1221 Avenue of the Americas, 18th Floor, New York, NY 10020
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
On February 10,2021 before me, Claudia Camorlinga, 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.
CLAUDIA CAMORLINGA
Notary Public - California
Riverside County
Commission # 2223835
My Comm. Expires Dec 1, 2021
Claudia Camorlinga, Notary Public (SEAL)