HomeMy WebLinkAbout2009/07/14 Item 67/14/09, Item to
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHULA VISTA TRACT N0.92-02A,
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD I OB
RESTATEMENT AND ASSIGNMENT AGREEMENT BY
MCMILLIN ROLLING HILLS RANCH, LLC AND K.
HOVNANIAN AT BELLA LAGO, LLC.
SUBMITTED BY: DEPUTY CITY MANAGER/DEVELOPMENT SERVICES
DIRECTO~'
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES ^ NO
SUMMARY
On December 6, 2006, Hovnanian purchased Neighborhood 10 B from McMillin. Hovnanian is
providing the City with replacement security to secure the construction of certain improvements
required by the City as conditions of project approval.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines, because this action
involves a governmental fiscal activity utilizing previously authorized funds, which will not result
in a potentially significant physical impact on the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council approves the Resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On September 13, 2005, McMillin entered into Subdivision Improvement Agreement ("SIA") for
the Rolling Hills Ranch Neighborhood lOB, wherein it is provided that McMillin will install and
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complete at McMillin's own expense and at no cost to City the improvements required by City in
connection with the project.
On December 6, 2006, Hovnanian purchased the Property from McMillin. Hovnanian is providing
the City with replacement bonds listed in Exhibit "A" to secure certain commitments made by
McMillin to the City for the Property.
Staff recommends approval of the Agreement. The City Attorney has reviewed and approved the
proposed Agreement as to form.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There will be no direct fiscal impact to the City. Costs associated with the processing of this item
will be borne by the developer.
Exhibits:
Prepared by: Rimn Thomas, Associate Engineer, Development Services Department
J:\Engineer\AGENDA\CAS20097-14-09\Council Agenda Statement far McMillin.doc
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RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHULA VISTA TRACT N0.
92-02A, ROLLING HILLS RANCH, SUBAREA III,
NEIGHBORHOOD lOB RESTATEMENT AND ASSIGNMENT
AGREEMENT BY MCMILLIN ROLLING HILLS RANCH, LLC
AND K. HOVNANIAN AT BELLA LAGO, LLC
WHEREAS, on September 13, 2005, McMillin entered into Subdivision Improvement
Agreement ("SIA") for Rolling Hills Ranch Neighborhood 10 (the "Property"), which provided
that McMillin would install and complete at McMillin's own expense and at no cost to City the
improvements required by City in connection with the Project; and
WHEREAS, on December 6, 2006, Hovnanian purchased the Property from McMillin
and has agreed to replace the bonds required under the SIA; and
WHEREAS, Hovnanian is willing to enter into the Restatement and Assignment Agreement
by and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC and K. Hovnanian at
Bella Lago, LLC which provides that Hovnanian will replace the bonds previously posted by
McMillin and will assume all of the duties and obligations of McMillin secured by the bonds
pursuant to the SIA
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Chula Vista Tract No. 92-092A, Rolling Hills Ranch, Subarea III,
Restatement and Assignment Agreement by and Between the City of Chula Vista, McMillin
Rolling Hills Ranch, LLC and K. Hovnanian at Bella Lago, LLC, relating to Neighborhood l OB.
Presented by:
Gary Halbert, P.E., AICP
Deputy City Manager /Development Services Director
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Approved as to form by:
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
Restatement and Assignment Agreement
By and Between the City of Chula Vista,
McMillin Rolling Hills Ranch, LLC
And K. Hovnanian at Bella Lago, LLC
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Recording Requested by and
When Recorded Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use Only
File #RH-2421
N-lOB
RESTATEMENT AND ASSIGNbIENT AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA,
MCMILLIN ROLLING HILLS RANCH, LLC
AND K HOVNANIAN AT BELLA LAGO, LLC
THIS RESTATEMENT AND ASSIGNMEN'T' AGREEMENT ("Agreement") is made this
day of 20~ by and between the CITY OF CHULA VISTA, A MTJNICIPAL
CORPORATION ("City"), MCMII,LIN ROLLING HILLS RANCH, LLC, A DELAWARE LIMITED
LIABILITY COMPANY ("McMillin") and K. HOVNANLSN AT BELLA LAGO, LLC, A CALIFORNIA
LIMITED LIABILITY ("Hovnanian"), with reference to the facts set forth below, which recitals constitute
a part of this Agreement.
A. WHEREAS, this Agreement concerns and affects certain real property located in Chula
Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a project commonly lmown as Rolling Hills Ranch Neighborhood l OB.
For purposes of this Agreement the term "Project" shall mean "Property", and;
B. WHEREAS, on September 13, 2005, McMillin entered into Subdivision Improvement
Agreement ("SIA") for the Project, wherein it is provided that McMillin will install and complete at
McMillin's own expense and at no cost to City the improvements required by City in connection with the
Project, and;
C. WHEREAS, on December 6, 2006, Hovnanian purchased said Property from McMillin.
Furthermore, concurrent herewith Hovnanian is providing the City with replacement bonds for those bonds
listed in Exhibit "B" to secure certain commitments made by McMillin pursuant thereto to the City for the
Property, and;
D. WHEREAS, Hovnanian is willing to enter into this Agreement wherein it is provided that
Hovnanian will maintain, at Hovnanian's own expense and at no cost to City the improvements secured by
the bonds listed in Exhibit "B".
NOW THEREFORE BE TT RESOLVED that the parties agree as follows:
1. Assignment. McMillin hereby assigns and Hovnanian hereby accepts and agrees to such
assignment of all duties, obligations, and provisions made by McMillin in the SIA that are secured by the
bonds listed in Exhibit "B", all of which remain in full force and effect, including all indemnifications set
DOC#36951 v2 _ 1
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB
forth therein.
2. Release. The bonds attached hereto as Exhibit "C" provided by Hovnanian shall replace
those bonds posted by McMillin for the Project, as described in Exhibit "B", and the bonds posted by
McMillin shall be released by the City as of the date this Agreement is recorded in the Official Records of
the San Diego County Recorder's Office.
3. Agreement Applicable to Subsequent Owners.
3.a. Agreement is Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property.
3.b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the
ownership of the Property for which it burdens. The Burden is for the benefit of the Property and the City,
its successors and assigns, including any successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of protecting the interest of the community and
other parties public or private, in whose Favor and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and
remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be
entitled.
4. Time of Performance. It is expressly understood and agreed that Hovnanian will cause all
necessary materials to be famished and all improvements completed pursuant to the provisions of the SIA as
described on Exhibit "B" hereto on or before the second anniversary date of this Agreement.
5. Indemnity. Hovnanian understands and agrees that City, as indemnitee, or any officer,
agent, or employee thereof, shall not be liable for any injury to person or property occasioned by reason of
the acts or omissions of Hovnanian, its agents, employees, successors, or assigns pursuant to their
performance under the SIA.
6. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
7. Effective Date. The terms and conditions of this Agreement shall be effective as of the
date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
8. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be original and all of which shall constitute one and the same document.
9. Recording. City shall cause this Agreement to be recorded in the Official Records of the
San Diego County Recorder's Office within 30 days after this Agreement has been fully executed by the
parties.
10. Miscellaneous Provisions.
10a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
DOC#36951v2
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB
required or permitted by this Agreement or by law to be served on or delivered to any party shall be in
writing and shall be deemed duly served, delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the
U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the
address indicated in this Agreement. A party may change such address for the purpose of this paragraph by
giving written notice of such change to the other parties.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Atha: City Engineer
McMILLIN ROLLING HII.LS RANCH, LLC
2750 Womble Road
San Diego, CA 92106
Attn: Denny Cuccazese and Tom Tomlinson
K. HOVNANL4N AT BELLA LAGO, LLC
800 N. Haven Ave., Suite 300
Ontario, CA 91764
Attn: Legal Department
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other parties in the manner provided in this paragraph.
lOb. Captions. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this Agreement or any of its terms.
lOc. Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding the subject
matter hereof and any and all prior or contemporaneous oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
lOd. Recitals; Exlubits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
10e. Compliance with Laws. In the performance of its obligations under this Agreement,
McMillin, Hovnanian and all their agents, and employees shall comply with any and all applicable federal,
state, and local laws, regulations, ordinances, policies, permits, and approvals.
lOf. Authority of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said
signatory to enter into this Agreement.
lOg. Modification. This Agreement may not be modified, terminated, or rescinded, in
ooca3e~s~~z _3_
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB
whole or in part, except by written instrument duly executed and aclmowledged by the parties hereto, their
successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office.
l Oh. Severability. If any term, covenant or condition of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term, covenant, or condition to person or circtunstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant,
or condition shall be valid and be enforced to the fullest extent permitted by law.
11. Preparation of Agreement. No inference, assumption or presumption shall be drawn
from the fact that a party or its attorney prepazed and/or drafted this Ageement. It shall be conclusively
presumed that both parties participated equally in the prepazation and/or drafting of this Agreement.
Attachments: Exhibit"A"-Legal Descriptions
Exhibit "B" -Descriptions of Bonds
Exhibit "C" -Copies of Replacement Bonds
DOC#36951 v2 _4_
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood IOB
FIIZST OF TWO SIGNATURE PAGES TO
ASSIGNMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
DOC#36951 v2 _5_
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB
SECOND OF TWO SIGNATURE PAGES TO
ASSIGNMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year fast hereinabove set forth.
MCMILLIN ROLLING HILLS RANCH, LLC
a Delawaze Limited Liability Company
By: McMillin Management Services, LP
a California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
a California corporation
Its: General P ~~ Q
Its: ,I/~a~cti P.reSlO~'•,A
By:/~( 1.P~i
Its: "~E ~~tDE~--~ i~
K. HOVNANIAN AT BELLA LAGO, LLC
a California Limited Liability Company
By: K. Hovnanian Companies of California, Inc.
a California corpora$on
By: _
Name:
Its:
DOC#36961v2 _(_
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB
SECOND OF TWO SIGNATURE PAGES TO
ASSIGNMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first hereinabove set forth
MCMILLIN ROLLING HII,LS RANCH, LLC
a Delaware Lirnited Liability Comparry
By: McMillin Management Services, LP
a California limited partrtership
Its: Manager
By: Corky McMillin Conslrudion Services, Inc.
a California corporation
Its: General Pattrier
By:
Its:
By:
Its:
K. HOVNANIAN AT BELLA LAGO, LLC
a California Limited Liability Company
By: K. Hovnanian Com anies f California, Inc.
a California core do
By:
Name: !' P
Its: Di ' on Preside
DOC#3695IvZ -(7-
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood I OB
State of California
County of ~`1 ~ LQ ~}1~
On ~CU,{ ~ ~, .~~ ,before me, ~n n YYl . , ,tom,-~P,,~,~~rc
Notary Public,
personally
appeazed TCtn ~(' j (insert name an ti of e officer)
1 Qm OWISQYI -E- ~ I(JC, ~_P ~P .who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Faze subscribed to
the within instrument, and acknowledged to me that •ke/sfiefthey executed the same in his/her/their
authorized capacity(ies), and that by •kis<ker/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 PERNRY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ANN M.fUTO
~~``-~~~ Commission #~ 1832730
Notary Publle •Califomia ~
San Diego County
M Camm. Expires Jan 23, 2073 j
Notary Public
(seal)
State of Califomia
County of
On
before me,
(insert name and title of the officer)
Notary Public, personally appeazed who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze 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.
Notary Public
(seal)
DOC#36951v2
-7-
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB
State of Califomia
County of
On ,before me,
(insert name and title of the officer)
Notary Public, personally appeared .who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to
the within instnument, and aclozowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/then 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.
Notary Public
(seal)
State of Califomia
County of ~h ~tr/farrJi/la
On J~ 700 ~7 ,before me, (~NfR ~~~ / ~~~ % / y"~~C
(insert name and title o the officer)
xieier~ i?~~"_,.~~^, personally appeazed - Jr/1~ ,~,(~ /~ ,who
proved to me on the basis of satisfactory evidence to be the erson whose name subscribed to
the within instrument, and aclmowledged to me that ~i /executed the same in t elr
authorized capacityfies), and that by~/hen4heir signatures) on the instrument the person(,' or the entity
upon behalf of which the personfs)'acted, executed the instnmment.
I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing
paragraph is true and correct. ]]]]~ww~..WW~~~~~~
WI SS d official seal. CATHIE ZHOU
Commission of 1819083
Notary Puolic • Califarnla
San 8ernarttino County '-
Nhr Comm. Expires Oct 21, 2012
Notary Public
(seal)
DOCX36951v2 -~]-
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB
F.XFTTRTT "A"
LEGAL DESCRIPTION OF
NEIGHBORHOOD lOB
PARCEL A:
LOTS 1 THROUGH 16 OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS SUBAREA III,
NEIGHBORHOOD lOB, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGQ STATE OF
CALIFORNLA, ACCORDING TO MAP THEREOF NO. 15116, FII.ED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 2005.
PARCEL B:
LOTS "K" AND "O" OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS SUBAREA III "A"
MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14756, FII,ED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 24, 2004.
DOC#36951 v2 _$_
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Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB
Exhibit "R"
Agreement Existing McMillin
Bonds Hovnanian
Replacement
Bonds
Subdivision Improvement Agreement - Faithful Performance Faithful Performance
Neighborhood lOB, dated September 13, $87,500.00 $87,500.00
2005. Recorded as document number #2169625 #~~~~
2005-0808830 on September 19, 2005.
City Resolution. Material and Labor Material and Labor
$87,500.00
#2169625 $87,500.00
# S 0321 ~I y
DOC#36951v2 _9_
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~•
~XH6BI~'
FileNo.: ~NZYZl
Bond No.: 5032144
Premium:,Included in
BOND FOR MATERIAL AND LABOR
(T'o Be Used Prior To Approval of Subdivision Improvement Agreement)
WHEREAS, the City Counci] of the City of Chula Vista, County of San Diego, State of California, and
R: Hovnanian at Bella Lago, LLC (hereinafter "Principal") desire to enter into a
Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to
install and complete certain designated public improvements For• the project known as
Subdivision Improvements -Nei hborhood 10B` •and
(Lots 1- & 0 of Chula Vista Tract No. 92-02A, Map 15116
WHEREAS, Principal desires to commence construction of said public improvements prior tc approval
of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City f Chula Vista County of San Diego, State of California, has issued tc Principal
Conshvction Permit No. (hereinafter referred to as "Permit") for the,,,public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. (~4(~~y.thi•ough
Q t~O I ~l _ 0 6 ,regarding construction of said public improvements, which Permit is hereby refered to and made
apart hereof; and,
WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance
of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to
which reference is made in Thle 15 (commencing with Section 3082), Put 4, Division 3, of the Civil Code ~'
the State of California and will be required to maintain such bond pursuaat to the Agreeement
NOW THEREFORE, said Principal and Bond Safeguard Insurance Ca a~ po~ation of the
State of Illinois • (hereinafter "Surety"), are held and firmly bound unto the City of Chula
V>sta, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all
contractors, subcontractors, laborers, materialmen and other persons employed im the performance of the
aforesaid Permit and referred to in the afare~ai~„ ,Cgdq of Civil Procedure in the sum of
Eighty Seven Thousand Five Hundred 'all X7,500 nn ), lawful money of
the United States, for materials famished 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 alsc in case suit is brought upon this bond, will
pay, in addiflon tc the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred b7' City in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be Taxed as costs and tc 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 15 (commencing with Section 3082), Par[
4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
The condition of this obligation is such that if the above-bound 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 terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which i9
incorporated herein 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, as to installation and complefiom of said public
Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
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their true intent and meaning, and shall indemnify and save hazmless 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.
The Surety hereby stipulates and agrees that no change, extension of tlme, alteration or addition to the
terms of the Permit or 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 Permit or the Agreement or to the
work or to the specifications.
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, and 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.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions of the Agreement, the fallowing acts and performances are additionally subject to the terms of
this bond:
1N WITNESS WHEREOF, this insewnent has been duly executed by the Principal and Surety above
named, on May 14 , Zp 09
Bond Safeguard Insurance Company
R. Hovnanian at Bella Lago, LLC
N Princi al (Applicant) Name o/f Surety Company '/
.j unis~L;'-Ce- !5~ Christine Marotta, Attorney-in-Fact
B K n ni-n L'rm~'oira¢s ~% ~~~'n~Ezxl919 S. Highland Ave, Bldg A, Suite 300
~ Address of Surety Company
5032144 Lombard, IL 60148
Bond/Policy No. City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
City Attamey
T:1Enginee>\LANDDEV1Fotms -Officiat\BandslBond Material & LeBor Prior to SIA.doc
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AC&VOWLEDCMENTOFSURETY
STATE OF ILLINOIS
COUNTY OF COOK
On ~~ ~ 4 2U~9 before me, a Notary Public in and for the above county, personally
appeared Christine Mazotta to me personally Imown, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeguazd Insurance Company, a corporation organized and existing under
the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the
said corporation, that the instrument was sued, sealed, and executed in behalf of said corporation by
authority of its Boazd of Directors, and further acloaowledged the said instrument and the execution thereof
to be the voluntary act and deed of said corporation by her voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and
yeaz fast above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires 07/15/2012
(SEAL)
~~,~ Plll ~~~
Notary Public
COOK. Caunty. ILLINOIS
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POWER OF ATTORNEY
BOND SAFEGUARD INSURANCE COMPANY
~®~ld Sa~~guard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG~A RD INS~~ggANCE ~OMP,op~Y, n Illin#p~~~~~p~~t,j,~~y'l~h~,~~
principal office in Lombard, Illinois, does hereby constitute and appoint: Chrtstme Mazotta, ebra Koh~rnan
############################################################M##############################
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bands, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be
revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may he affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which
it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
.~'oiasuq_
~o
3 ^~ a
~ IWNpb ;
IN3UHANCE
[~A Lwnwn F
e
By ///~~(`:~
David E. Campbell
President
AO
X7953
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws
of said corporation.
wlaureen K. Aye /I
tary Public U
CERTIFICATE
"OFFICIAL SEAL"
MAUREEN K AYE
Notary Public, State of Illinois
My Commission Expires 09/21/09
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois thi~1°'.~ ~ ~` 2~D'Day of
,so uuu
a~
AN
C IWNpa
MSURANCE 9
mwwmn F
e
6-19
20
Donald D. Buchanan
Secretary
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On ~t!''^~~; ~ , 200 ~% ,before me, Cathie Zhou, a Notary Public,
personally appeazed Joseph M. Manisco, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person 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.
[Civil Code § 1189]
CATHIE ZHOU
Commission ! 1619063
~~ Notary Pu01ic -California
San Bernardino County
AA Comm. E area Oct 21 012 +
6-20
v
~XY-19131
File No.:~y ~.~
BON73 ~`aR FAITHFUL PERFORMANCE BondNo.:5032144
(To Be UsedPlithRestatementofSubdivisionImprovementAgreement) Premium:$1.313.00/2 Years
WHEREAS, th 11$ ~f Chul~~ista, County of San Diego, State of California, and
R. Hovnanian at ~e ago, (hereinafter
"Principal") have entered into a Restatement of a Subdivision Improvement Agreement (hereinafter
refereed to as "Agreement") whereby Principal agrees to install and complete cet4ain designated public
improvements, which said Agreement, dated , 20 ,and identified as project
Subdivision Improvements -Neighborhood lOB (Lots 1-6, R&Q is hereby referred to
apart hereof; and, o£ Chula Vista Tract No. 92-02A, Map 15116)
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 Bond Safeguard Insurance Company
a corporation of the State of
Illinois ,(hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and
to and for the benefit of any and all persons who may suffer damages by breach of the con~~iq~~0
hereof, in the penal sum of Eighty Seven Thousand Five Hundred and {{ ,
($ 87.500.00 - )> 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-bound 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 hue 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 specifed therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfiilly enforcing such obligation, all to be taxed as costs and included in any
judgment rendered.
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 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.
6-21
In addition to the acts bonded for pursuant to the Agreement incorporated above, the following
acts and performances are additionally subject to the terms of this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on May 14 , 2p 09
R. Hovnanian at Bella Lago, LLC
Name Principal (Applicant)
By
ham. ~~P ~~ ' iCe~~~ '
vtrn .'n ar1~ ~ n~o,2nc.~
Bond Safeguard Insurance Company
Name of Surety Company
By ~~1,~~.~~ o~
Christine Marotta, Attorney-in-Fact
By 1919 S. Highland Ave. Bldg A, Sdite 300
Address of Surety Company
5032144 Lombard, IL 60148
Bond/Policy No. City State Zip G'ode
ABOVESIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
City Attorney
J1Enginee~iLANDDEV1Forms-Of5cial~HondslBond Faith Perf with SIA-Restatement.doc
6-22
AC%NOA'LEDGMENTOFSURETY
STATE OF II,LINOIS
COUNTY OF COOK
~{ 1 ~ 2009
On before me, a Notary Public in and for the above county, personally
appeazed Christine Mazotta to me personally Imown, who, being by me duly sworn, did state that be/she is
Attorney-in-Fact of Bond Safes azd Insurance Company, a corporation organized and existing under
the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the
said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by
authority of its Boazd of Directors, and further aclmowledged the said instrument and the execution thereof
to be the voluntary act and deed of said corporation by her voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and
yeaz first above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires 07/15/2012
Notary Public
(SEAL) COOK Counri ILLINOIS
6-23
POWER OP ATTORNEY
AO 57952
~~~~ ~C~~~~~L~~~ INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG~ARD INSURANCE 0 Pp~yY n Illin~~s*C~~r~p,~~~t~o~i*v~i~f~~~
principal office in Lombard, Illinois, does hereby constitute and appoint: `~~tme Mazotta, ~ebra Kohlman
r~t<rr*~+s~r~rrt<r*+*s*r-r*r*ra#*r~a*«~*t**+t<*sr*^~s+*t<****r*r++-r*.***r~~a*r*arr-e**ra+*+*r*+
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all honds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative oT the Company
or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be
revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any band or undertaking to which
it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to 6e affixed this 7th day of November, 2001.
oorti0'"s"' BOND SAFEGUARD INSURANCE COMPANY
IN
~~
C IWNgS }ii
CpANNY 2
~~~,~~
BY
' David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duty sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws
of said corporation.
"OFFICIAL. SEAL"
MA-I2EEA' K AYE aureen K. Aye
Notary Public, State of -]inois otary Public
My Commission Ezpires 09/ZI/09
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as Set forth are now in force.
PRAT 1 ~ ?fl09
Signed and Sealed at Lombard, Illinois this Day of , 20
o~' t~~„
A"
~~ ~ ~
ii ~cw,~ `ir ~ Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud ~l,y ~s~rrance company or other person, files an application for insurance
~- ..a.~........a ..~ .a..:....~~~~:..1 .......... .....r...i.,16, bten 1nln.mMln.. ... rnnne.al~. M. ~6u ... •........ .d w,lalmdinn Inlnema}inn MnnOminn anV }AEL
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On <Ji-1~2t- c~ , 200 a7, before me, Cathie Zhou, a Notary Public,
personally appeazed Joseph M. Manisco, who proved to me on the basis of safisfactory evidence
to be the person whose name is subscribed to the within instrument and aclmowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrtment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing pazagraph is true and correct.
WITNESS my hand and official
[Civil Code § 1189]
CATHIE 2HOU
"` Commi9sian # 1919067
.. ~ Natary Puoiic • Calitarnia
San Bernardino County
My Comm. Ex Tres Oct 21, 2012+
6-25