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HomeMy WebLinkAbout(#08) KB Home Treasure Coast, LLC Sidewalk Improvement Sebastian River Landing Phase 2BOND NO.: 024022763 PREMIUM: $470.00 SUBDIVISION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That KB HOME Treasure Coast LLC., as Principal and Liberty Mutual Insurance Company, a corporation licensed to transact surety business in the State of Florida as Surety, are held and firmly bound unto the City of Sebastian, as obligee, in the penal sum of Ninety Three Thousand Nine Hundred and 00/100 Dollars ($93,900.00), for the payment of which sum well and truly to made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner of a tract of land representing a subdivision entitled Sebastian River Landing Phase 2, and WHEREAS, the map of said tract on which Principal desires to construct Sidewalk Improvements hereinafter referred to as improvements, and petition the obligee to accept the improvements, and WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the limits of said subdivision. NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void, otherwise it shall remain in full force and effect, and the Surety on this bond binds itself to said Obligee, to the amount on the herein above stated penal sum, that said improvements shall be completed in accordance with the agreement between Principal and Obligee. IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused these presents to be executed by its officers thereuntgauthorized this 23rd day of August 2005. KB HOME Treasu By: Z. -I WIIIIdVY) Countersign e: By oast LLC eE P&S/Qfti� (Name & Title) )-h losel". Pietrangelo,"FL. Resident Agent Aon Risk Services, Inc. of FL 1001 Brickell Bay Drive, Suite 1100 Miami, FL 33131 Liberty Mutual Insurance Company By: _ y Herrin, Attorney -4n -Fact ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 24th day of Auggst 2005, by William Orazi, Vice President, Land of KB Home Treasure Coast LLC who is personal known to me [ �] (type of identification) . (NOTARY SEAL) -�J0 `A,7_4 " g 4 ' ' Notary Public Signa MY EXPIRES: Au IV t f}Q 15 EXPfRES: August 11, 2 BMW Thn,Mo�, NftU Rimry Public Print Name: ,1 �2e OMy Commission Expires: di CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 23, 2005 before me, Maria Pena, Notary Public, personally appeared Joyce Herrin personally known to me (or 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 r� :�._. 'me- that t-he/she/they executed71he same- in his/her/their authorized' f capacity(ies), and that by his/her/their signature(s) on the instrument: the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. • .�: MARIA PENA COMM. # 1414097 I Q'A ' NOTARY PUBLIC CALIFORNIA N LOS ANGELES COUNTY ,,,r. • My Comm. Expires Apr 27 2007 Maria Pena ' Y i THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1791893 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E.S. ALBRECHT, JR., C.K. NAKAMURA, LISA L.THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OF THE CITY OF LOS ANGELES, STATE CALIFORNIA ............................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed an and all undertakings, bonds, recognizances and other surety obligations In the penal sum not exceeding ONE HUNDRED MILLION AND 06R00***'t*************** DOLLARS ($ 100,000,000.00***** each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and. attested by the secretary of the Company In their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, or execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 0. O as binding as if signed by the president and attested by the secretary. 'G • C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. L 3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. mIN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of — Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of August , m 3 -2005 w� O •i LIBERTY MUTUAL INSURANCE COMPANY — " 4) ` `•'�'='a.. �� Q� },tel C M _Z� ,a�,e Garnet W. Elliott,, Assistant �, � Secretary 0 COMMONWEALTH OF PENNSYLVANIA ss " COUNTY OF MONTGOMERY t — On this 3rd day of August 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 0-5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above E6 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. OM IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year o first above written. �. �,Oriw i tv Uo�' ��� y, COMMONWEALTH of PENN nvANIA Nse� O = OF Tom Peas4a.N�YP By Z Ny,13, WANYM Ter sa Pastella, Notary Public �1rSY0 MMb*1. Psn"SYWWW A"Odalkn of Notarise CERTIFICATE,�Y I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures -.under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on.the`_12th dajrof. March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the t ompany,_whergV9f appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and -binding upon the company with the same force and effect as though manually affixed. -_ IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said.company, this _ = 2 d day of August 2005. Davi6 M. Carey, AssWt9t Secretary rn W .y —_ —O CW 0a ao co O� OE CL N O C y 'v 3 mo C4 Co 06 0 r HTL c Liberty Mutual Surety Bond Number 024022763 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts -certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04