HomeMy WebLinkAbout2011/01/18 Item 4CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
CHULA VISTA
1/18/2011, Item_
ITEM TITLE:
SUBMITTED BY
REVIEWED BY:
SUMMARY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 03-03, BELLA LAGO, WITH K.
HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO,
LLC.
ASSISTANT CITY MANAGE EVELOPMENT SERVICES
DIRECTOR ,
CITY MANAGER
4/STHS VOTE: YES ^ NO
The Bella Lago Subdivision is located east of Rolling Hills Ranch and consists of 139 estate lots.
The proposed second amendment is to provide the developer additional time for the completion of
the project and to substitute the security for the improvements.
ENVIRONMENTAL REVIEW
The Development Services Director 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 of the State CEQA Guidelines because it consists of a
governmental administrative action that will not result in direct or indirect physical changes in 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 Resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The original subdivision improvement agreement was approved by Council with Resolution 2006-
108 on April 11, 2006. On July 14, 2009 Council approved an amendment to the original
agreement, which extended the term of the Subdivision Improvement Agreement for a period of two
years to complete the partially improved project. Tonight's action further extends the timeframe for
the construction of the public improvements to October of 2013.
Project Phasing
4-1
1/18/2011, Item ~-
Page 2 of 2
The City approved a 3 Phased Plan for the improvements of the Bella Lago subdivision at the
request of the developer. The improvements for Phase 1 are complete. The developer has
submitted security for the remaining two phases with this second amendment of the Subdivision
Improvement Agreement.
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.
CURRENT YEAR FISCAL IMPACT
There is no direct fiscal impact to the City. Costs associated with the processing of this item will be
borne by the developer.
ON GOING FISCAL IMPACT
There is no direct fiscal impact to the City. Costs associated with the processing of this item will be
borne by the developer.
Prepm~ed by: Rima Thomas, Associate Engineer, Development Services Department
J:AEngineerAAGENDAACAS2011A0l-18-1IACOUNCIL AGENDA STATEMENT FOR BELLA LAGO 201 I wvised.doc
4-2
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE SECOND
AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 03-03,
BELLA LAGO, WITH K. HOVNANIAN AT BELLA
LAGO, LLC, AND BELLA LAGO, LLC
WHEREAS, the City Council of the City of Chula Vista approved a Subdivision
Improvement Agreement ("SIA") for Bella Lago, (CVT 03-03) with Resolution 2006-108 on
April 11, 2006; and
WHEREAS, the City Council of the City of Chula Vista approved an amendment to the
Subdivision Improvement Agreement for Bella Lago ("Amendment"), (CVT 03-03) with
Resolution 2009-162 on July 14, 2009; and
WHEREAS, the SIA and the associated security was for the purpose of insuring the
installation of improvements and/or land development work as required by the Title 18 of the
Chula Vista Municipal Code for the subdivision pursuant to the Subdivision Map Act; and
WHEREAS, the SIA required the Developer to complete all Improvement Work, as
defined in the SIA, on or before the second anniversary date of Council approval of the SIA; and
WHEREAS, the Amendment approved an extension of the SIA for an additional two
years to complete the partially improved project; and
WHEREAS, the Developer has installed improvements for Phase 1 of the project, but has
not completed all of the Improvement Work; and
WHEREAS, the Developer has provided the City Of Chula Vista with bonds for the
remaining two phases of the project and has executed a Second Amendment to the SIA to extend
the term an additional two years to October of 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Second Amendment to the SIA between the City of Chula Vista
and K. Hovnanian at Bella Lago, LLC and Bella Lago, LLC, a copy of which shall be kept on
file in the office of the City Clerk.
Presented by
Gary Halbert, P.E., AICP ~'
Director of Development Services -~?l~ity
to form by
4-3
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: 7 f -
SECOND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA,
K. HOVNANIAN AT BELLA LAGO, LLC, AND
BELLA LAGO LLC
4-4
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SECOND AMENDIVIENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS "SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT" (the "Second Amendment"), is made and entered into this day of
2010, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City, K. HOVNANIAN AT BELLA LAGO, LLC, a Califomia
Limited Liability Company, ("K. Hovnanian") and BELLA LAGO LLC, a Califomia Limited
Liability Company, ("Bella Lago") (K. Hovnanian and Bella Lago may be referred to
collectively in this Second Amendment as, "Subdivider"). This Second Amendment shall amend
the `'Subdivision Improvement Agreement" ("SIA"), recorded on May 10, 2006 as Document
No. 2006-03 3 1 343, and the "Amendment to Subdivision Improvement Agreement" ("SIA
Amendment"), recorded on July 30, 2009 as Document No. 2009-0425028, both recorded in the
Office of the County Recorder of the County of San Diego, State of Califomia, by and between
the City, K. Hovnanian and Bella Lago (collectively, the "Parties"), with respect to the
subdivision of land known as "Bella Lago." The SIA and SIA Amendment shall collectively be
referred to herein as the SIA. This Second Amendment is entered into with reference to the
following Recitals, which Recitals constitute a part of this Second Amendment:
RECITALS:
WHEREAS, the City Council of the City of Chula Vista approved a Tentative
Map for the subdivision of land known as Bella Lago, (CVT 03-03) with Resolution 2003-143;
and,
WHEREAS, the City Council of the City of Chula Vista approved a Final
Subdivision Map and a Subdivision Improvement Agreement for Bella Lago, (CVT 03-03) with
Resolution 2006-108 on April 11, 2006; and,
WHEREAS, the Bella Lago SIA and the associated security was for the purpose
of insuring the installation of improvements and/or land development work as required by the
Title 18 of the Chula Vista Municipal Code for the subdivision pursuant to the Subdivision Map
-1-
4-5
Act; and
WHEREAS, the SIA required Subdivider to complete all Improvement Work, as
defined in the SIA, on or before the second anniversary date of Council approval of the SIA; and,
WHEREAS, the City Council approved an amendment to the original SIA on July
14, 2009, extending the time permitted to complete the Improvement Work (referred to in the
SIA as the "Completion Date") to June 1, 2011; and,
WHEREAS, Subdivider has installed some improvements for the Bella Lago
subdivision, but has not completed all of the Improvement Work, and has requested that the
Completion Date be extended for a period of two years to allow the Subdivider to complete the
Improvement Work; and,
WHEREAS, on September 1, 2010 the City approved a Phasing Plan for the
improvements of the Bella Lago subdivision at the request of the Subdivider. The project was
split into three units. The improvements for Unit 1 will be as built and the approved Phasing
Plan will apply to all remaining Improvement Work in Unit 2 and Unit 3 that have not yet been
constricted; and,
WHEREAS, the City is desirous of extending the Completion Date as long as the
Subdivider agrees that all Improvement. Work will be completed to the City's satisfaction by
October 22, 2013; and,
WHEREAS, complete plans and specifications for the construction, installation
and completion of said Improvement Work have been prepared and submitted to the City
Engineer, as shown on Drawing Sets 10-026 for Bella Lago Improvements Unit 2 ("Bella Lago
Unit 2"), and 10-027 for Bella Lago Improvements Unit 3 ("Bella Lago Unit 3"), inclusive on
file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of SEVEN HUNDRED SIXTY-MINE THOUSAND NINE HUNDRED DOLLARS
AND NO CENTS ($769,900.00) for Bella Lago Unit 2, and THREE HUNDRED SEVENTY-
ONE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($371,300.00) for Bella
Lago Unit 3; and
WHEREAS, Subdivider previously furnished and delivered to the City the
following bonds: (i) Original Bond for Faithful Performance; (ii) Original Bond for Material and
Labor; and (iii) Survey Monument Installation Bond, attached as Exhibit A to the SIA,
(collectively, the "Bonds"); and
WHEREAS, the Parties intend that upon the City's receipt of satisfactory
replacement bonds and execution of this Second Amendment by all Parties, ±he Original Bond
for Faithful Performance and the Original Bond for Material and Labor in the amount of
$4,095,342.00 shall be released by the City and returned to Subdivider. The Survey Monument
-2-
4-6
Installation Bond is to remain in full farce and effect and, by its terms, is not altered by this
Second Amendment.
NOW, THEREFORE, THE CITY, BELLA LAGO AND K. HOViVANIAN
MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
1. EXTENSION OF TIME TO COMPLETE IMPROVEMENT WORK. Numbered pazagraph 3 of
the SIA is amended to read as follows:
" 3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before October 22, 2013 (the "Completion Date"). The City
Council may extend the Completion Date for a maximum of two additional years, if the
City Council determines that extending the time to complete the Improvement Work will
not be detrimental to the public welfare."
2. Subdivider shall furnish and deliver to the City, simultaneously with the Subdivider's
execution of this Second Amendment, approved improvement securities from a sufficient surety,
whose sufficiency has been approved by the City, in the stun of SEVEN HUNDRED SIXTY-
NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($769,900.00) for Be11a
Lago Unit 2, and THREE HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED
DOLLARS AND NO CENTS ($371,300.00) for Bella Lago Unit 3, which securities shall (i)
secure the payment of material and labor in connection with the installation of the improvements
shown on Drawing Sets 10-026 for Bella Lago Unit 2, and 10-027 for Bella Lago Unit 3,
respectively, and (ii) guazantee the faithful performance of this Second Amendment by
Subdivider and are attached hereto, marked Exhibit "A" and made a part hereof.
3. ALL OTHER PROVISIONS OF SIA REMAIN IN EFFECT. EXCept aS SpeClfically pTOVlded lri
this Second Amendment, the SIA and the Bonds remain in full force and effect.
4. GENERAL PROVISIONS
4.1 Incorporation of Recitals. The Recitals of fact preceding this Second
Amendment are true and correct and are incorporated into this Second Amendment, in their
entirety, by this reference.
4? Recordation. The City may record this Second Amendment in the Office of
the County Recorder of San Diego County, California.
4.3 Notices Demands and Communications Between the Parties.
4.3.1 Notices. Any and all notices submitted by any Party to any other
Party pursuant to or as required by this Second Amendment shall be proper, if in writing and
transmitted to the address of the Party set forth in Section 4.3.2 by one or more of the following
methods: (a) messenger for immediate personal delivery; (b) a nationally recognized overnight
(one business day) delivery service (i.e., Federal Express, United Parcel Service, etc.); or (c)
registered or certified United States mail, postage prepaid, return receipt requested. Such notices
-3-
4-7
maybe sent in the same manner to such other addresses as either Party may designate, from time
to time, by notice. Any notice shall be deemed to be received by the addressee, regardless of
whether or when any return receipt is received by the sender or the date set forth on such rehirn
receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally
recognized overnight courier service (or when delivery has been attempted twice, as evidenced
by the written report of the courier service) or four (4) calendar days after it is deposited with the
United States Postal Service for delivery, as provided in this Section 4.3. Rejection, other refusal
to accept, the inability to deliver a notice because of a changed address of which no notice was
given, or other action by a person to whom notice is sent, shall be deemed receipt of the notice
by such person. Delivery of a notice to any courtesy copy recipient shall not be a prerequisite to
the validity or effectiveness of any Notice.
4.3.2 Addresses. The following are the authorized addresses for the
submission of notices to the Parties, as of the Effective Date:
To the City: City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
To the Bella Lago: Attn: Tim Wilson
Bella Lago, LLC
5566 Valerio Trail
San Diego, CA 92130
Telecopier No.: 858-259-8962
To K. Hovnanian:
Attn: Chief Legal Officer
1500 S. Haven Ave., Suite 100
Ontario, CA 91761
Telecopier No.: 909-390-7285
Phone: 909-937-3270
4.4 Interpretation. No inference in favor of or against any Party shall be drawn
from the fact that such Party has drafted any part of this Second Amendment. The Parties have
all participated substantially in the negotiation, drafting, and revision of this Second
Amendment, with advice from legal and other counsel and advisers of their own selection.
4.5 Governing Law. The laws of the State of Califomia shall govern the
interpretation and enforcement of this Second Amendment, without application of conflicts of
laws principles. The Parties acknowledge and agree that this Second Amendment is entered into,
is to be fidly performed in and relates to real property located in the City of Chula Vista, County
of San Diego, State of Califomia. All legal actions arising from this Second Amendment shall
be filed in the Superior Court of the State in and for the County or in the United States District
Court with jurisdiction in the County.
-4-
4-8
4.6 Binding on Successors and Assigns. This Second Amendment shall be
binding upon and inure to the benefit of the Parties and their respective legal representatives,
successors and assigns.
4.7 No Other Representations or Warranties. Except as expressly set forth in this
Second Amendment, no Party makes any representation or warranty material to this Second
Amendment to any other Party.
4.8 Execution in Counterparts. This Second Amendment may be executed in
multiple counterpart originals, each of which shall be deemed to be an original, but all of which
together shall constitute one and the same document.
4.9 Capacity of Parties. Each signatory and party to this Agreement warrants and
represents to the other parties that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that all necessary resolutions or other actions have
been taken so as to enable it to enter into this Second Amendment
[Signatures blocks appear on the next page.)
-5-
4-9
SIGNATURE PAGE ONE OF TWO
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
BELLA LAGO, UNITS 2 & 3
(CVT 03-03)
N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Cheryl Cox
Mayor
ATTEST:
Dolma Norris
City Clerk
Approved as to form by:
Glen R. Googins
City Attorney
-6-
4-~0
SIGNATURE PAGE TWO OF TWO
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
BELLA LAGO, UNITS 2 & 3
(CVT 03-03)
DEVELOPERS/OWNERS:
K Hovnanian at Bella Lago, LLC,
a California limited liability company
By: IC. Hovnanian Companies of California, Inc.,
a Califor~/nia/~J~corporation
By: C/`
Chad Fuller; Group Chief Legal Officer
Bella Lago, LLC,
a California limited liability company
By: Bellagio Capital, Inc.,
a California corporation
By:
Timothy Wilson, President
(_Attach Notary Aclrnowledgments)
-7-
4-11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo//rnia
County of J4Yt ISPrY1ArZ~~+"~~
On 'Sa'lon `~ z-Ot~ .before me, l.ctf~tz Zl~~, No-fei~tl ~i.r b)ic ,
ate Here Insert Name antl Title of he Offser
personally appeared C~kG~ ~~t'e>~
Name(s) of Signags)
who proved to me on the basis of satisfactory evidence to
be the person( whose name(~)subscribed to the
within instrument and acknowledged to me that
t 7e Heftfiep executed the same in is erfH~eir-authorized
capacity(jes~, and that by~taer{1berc signature(~i(on the
~~~,,~~~rrrrrrrrr~rw~~~rrr~~~~r~.~.~+ instrument the person}' or the entity upon behalf of
' GpTHIE ZNOU ~ which the personfa~acted, executed the instrument.
Commission M 18191M3
~ ~ Notary Public • Crallfbrnie
San Bernerdlno County ~ I certify under PENALTY OF PERJURY under the laws
My Comm. Expires Oct 21, 2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS a 'cial seal.
Signatu
Placa Notary Seal Above Signa ore of Notary Public
OPTIONAL
~- Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 172C~'7d Avxandt-Ke,~t' ~ Sr_w~jdtVlSitM =~raYem¢vr~' !T•1/.p.¢rnU'r~
Signer(s)
Above:
Capacity(ies) Claimed by
Signer's Name:
^ Individual
C Corporate Officer Title(s):
^ Partner-^ Limited ^ General _
^ Attorney in Fact '
Top of thumb here
^ Trustee
^ Guardian or Con ator
^ Other:
Representing:
^ Partner-
^Attorney in
^ Trustee ~
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Top of thumb
m2oW Nalional Notary Association-9350 De Soto AVa.,P.O.BOx 2402•Chafsxrorth. CA 91 31 3-2 4 02•www.NanOnalNOtary.Orq Item k59W PeoNec Call Toll-Free 1800-B]6-fi82]
Number of Pages:
Officer -Title(s): _
Limited ^ General
4-12
SIGNATURE PAGE TWO OF TWO
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
BELLA LAGO, UNITS 2 & 3
(CVT 03-03)
DEVELOPERS/OWNERS:
K. Hovnanian at Bella Lago, LLC,
a California limited liability company
By: K. Hovnanian Companies of California, Inc.,
a California corporation
By:
Chad Fuller, Authorized Agent
Bella Lago, LLC,
a California limited liability company
By: Bellagio Capital, Inc.,
a California oration
By: ~ '
Timothy i son, Pr ident
SEE ATTACHI4SENT FOR
OFc?C? ~, AzOTP R7?fi~'!O*I
(Attach Notary Acknowledgments)
-7-
4-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On a8 sec aoio before me, Kenneth C. Shook, Notary Public, personally appeared
~.U i ~ 5a1n
who proved to me on the basis of satisfactory evidence
to be the person(~I whose name Is are subscribed
t the within instrument and acknowledged to me that
he she/they executed the same in is er/their
authorized capacity(i~, and that b her/their
signature~on the instrument the person, or the
entity upon behalf of which the person(yf 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.
Signature
.. OFFICIAL SEAL
KENNETH C. SHOOK
NOTARY PUBLIGCALIFORNIA~
~ SAN DIEGO COUNTY
MY COMM. EXP. PE8.14, 2013
OPTIONAL
This infomwtion not require-~dyb~y~L,aw., b~nu/t may preuentfraudulent remooal and
Title/Type of Document `~~`f!` ~C~
Document Date ~~Za' (~ Number of Pages
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer s Name
^ Individual
^ Corporate Officer Title(s)
^ Partner
^ Limited
^ General
^ Attorney In Fact
^ Trustee
^ Guazdian or Conservator
Right Thumbprint
Of Signer
^ Other
Signer Is Representing
to another document
Signei s Name
^ Individual
^ Corporate OfficerTitle(s)
^ Partner
^ Limited
^ General
^ Attorney In Fact
^ Trustee
^ Guardian or Conservator
^ Other
Signer [s Representing
Right Thumbprint
Of Signer
4-14
~XHI~~T' -""•
(To Be Used Prior to Approval of Subdivision Improvement Agreement)
rile Nv.: BE0021 BE002G
Bond No.: 5037662
Premium: $11 549 00
WHEREAS, the City CotmciI of the CityofChula Vista, County of San Diego, State of CaL•'fomia, and
K. Hovnanian @ Bella Lago, LLC (hereinafter"Principal")desire
to enter rata a SubdivisionImpro~•ementAgreement(hereinttterrefer*edtaas"Agreement")whEreby
Principal agrees to install and eamplete certain designated public improvements for the project known as
Unit 2 Improvements Tr. 03-03 Bella Lago (Chula Vista) ;and
T,t/"HEREAS, Principal desires to commence canstn:ctivn of said public irnprovemznts prior tv
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, County of San Diego, State of Califvmia, has issued to Principal
Construction Permit No. 03-03 (hereinafter refcn'ed to as "Permit") for the public improvement
work as set fvrth in more detail. on City of Chula Vista Dratxiing Nas. J,~0.2~ -n ~ througia
~f~f,25 - ~~ , regarding constnretion of said public improvements, which Permiris hereby raferred to
and made a part hereof; and;
W1~IEREAS, said Principat is required under the terms of. said Permit to fiunish a bond for faithful
performance of said Permit and vrill be required Co maintain such bond pursuant to the Agreement.
IvOW Ti7'BREFORE, tvz, the Pri.neipal and Bond Safeguard Insurance Company
_ a corporation of the State cf
Illinois , (hereinafter "Seuet}~'), are held and firmly bound unto the City of Chula
ZTista, a municipal corporation (hereinafter "city') in the County of San Diego, State of California, and to and
forthe benefit of. any and all persons who maysuffer damages bybreach of the conditions hereof, inthepenal
stem of Seven Hundred Sixty Nine Thousand Nine Hundred Dollars and 00/100 dollars,
(~ 769,900.00 ), lawful money of theUnited 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,
fit-rnly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, e:zecurors,
administrators, successor or assigns, shall in all things stand to and abide by; and well and truly h.eep and
perfeisu the terms, covenants, conditions, and provisions of said Perrr~it and the subsequent Agreement, which
is incorporated herein and any alteratio?z thereofmade as therein prodded, on his or their part, to be kept and
performed at the time and in the manner therein specified, as to installation and completion of said public
Improvements both prior to azd subsequent to City approval ofthe Agreement and in all respects according to
their true intent and meaning, and shall indemnity and save harmless City, its officers, agents and employees,
as therein stipulated, then this obli gation 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 iv tYte face amount specified theral'or, there
shall he included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, ail to he taxed as costs and included in any judgment rendered.
The Suretyhereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Perrztit or the Agreement or to the t orlc to be performed thereunder yr the epecilications
accompanying the same shall in anywise affect its obligations vn this bond, and it does herebywaive notice of
any such change, extension of time, alteration or addition to the terms vfthe Permit or the Agreement erto the
4-15
work or to the specifications.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions of the Agreement, the following acts and performances are additionally subject to the terms of
this bond:
IN WITNESS WHEREOF, this instrument has been duly executed bythe Principal and Surety above
named, on June 21 2010 ,
K. Hovnanian @ Bella Lago, LLC
Name of P ~ncipal (Applicant)
r`~) p r
$y ~\ ~3 7rn~
1~. 1w~~on".,..C~-•~o~;c3 c~-Ge~~.~cn.~. one.
~~~. z4~~~~~-
5037662
Sond/Policy No.
Bond Safeguard Insurance Company
Name o/f~Surety Company
By ~~-Y(.Cc _
Christine Marotta Attorney-in-Fact
900 S Frontage Road Suite 250
Address of Surety Company
Woodrldga , IL 60517 IL 500117
City State Zip Code
Surety Phone No. 630-495-9380
MUST BE NOTARIZED
APPROVED AS TO
7:\Engineer\L.SI4DDEV\Focros-Official\Bonds\Bond Faith Perf prior to SIA.DOC
4-16
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On JUN 2 1 2010 ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally known, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeeuard 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 acknowledged the said instmmenYand 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
year first above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTAF.N PUBLIC. STATE OF ILLINOIS
My Commission Expires 07/15/2012
Notary Public
(SEAL) COOK Countv ILLINOIS
4-17
POWER OF ATTORNEY
AO 68339
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Christine Marotta, Debra Kohlman *****************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, 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 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 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.
of eo INSU BOND SAFEGUARD INSURANCE COMPANY
4~ Y_
"~ WNgS ;
I INSUNMILE >>9 //~/J
C~ CLMF.WY 2 ~/~l I.~~~
r L
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 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.
"OFFICIAL SEAL"
MAIR2EEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
w
aureen K. Aye
otary Public
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.
JUN 2 1 2010
Signed and Sealed at Lombard, Illinois this Day of , 20
_qp INSV/~~
yo R,
q 5N ' A /~~~~~~
99 Donald D. Buchanan
O ICCMAWY
Secretary
"WARNING: Any person who knowingly and with intent to defraud~ny jn~urance company or other person, files an application for insurance
or statement of claim containing any materially false information, Zro als for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." ast
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDNO
On ~~1°`e" ~ C7 , 20/U ,before me, Cathie Zhou, a Notary Public,
personally appeared Walter G. Miller, Jr., 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 offici
[Civil Code §1189]
~~
4-19
CATHIE INOU
Commission a 1819083
NoUry Pubtic - CelMornN
Sen 8ernerdino County
Comm. Ex fires Oct 21, 2012
File No.: BE0021 BE002G
BondNo.; 5037662
Premlllm:premur, Included'in Performance Bond
BOND FOi2 MATEY2BAL AND LABOR
(To Be Used Prior To Approval o£ Subdivision Improvement Agreement}
WHEREAS, the Ci+.y Council of the City of Chula Vista, County of San Diego, State of Califomia, and
K. Hovnanian @ Bella Lago, LLC (hereinafter "Principal") desire to enter into a
Subdivision Irnprovemert Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to
install and complete certain designated public improvements for the project known as
Unit 2 Improvements Tr. 03-03 Bella Lago (Chula Vista) ~ and
WHEREAS, Principal desires to commence construction of said public improvements prior to appro~~al
of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chuia Vista, County of San Diego, State of Califomia, has issued to Principal
Construction Permit No. 03-03 (hereinafter .referred to as "Permit") for the public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. j through
2S `I ,regarding construction of said public improvements, which Permit is hereby referred to and made
apart hereof; and,
WHEREAS, under the terms of said Pemrit, PrincipaLis required, before entering upon the performance
Df the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims tc
which reference is made in Title 15 (commencing with Section 3082), Par[ 4, Division 3, of the Civil' Code of
the State of Califomia and will be required to maintain such bond pursuant to the Agreeement,
NOW THEREFORE, said 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 Califomia, and all
contractors, subcontractors, laborers, materiahnen and other persons employed in the performance of the
aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
Seven Hundred Sixty Nine Thousand Nine Hundred Dollars and OOI100 dollars, ($ 769 900.00 ), laWfnl mORCy Of
the United States,' for materials fitmished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to s uch w ork or labor, that said Surety will pay the s ame in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this band, will
pay, in addition to the face amormt 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 15 (commencing with Section 3082), Part
4, Division 3, of the Civil Code, so as to give a right of action to them or their assrgns in any suit brought upon
this bond.
The condition of this obligation is such that if the above-Sound Principalndrw 11 and tr 1 lceeuand
administrators, successors orassigns,shallina]lthingsstandtoandaUideby, Y P
perform the ternis, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is
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 completion of said public
improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
4-20
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.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Permit or the Ao cement 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 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 June 21 2010
K. Hovnanian @ Bella Lago, Ll1C Bond Safeguard Insurance Comoanv
Name of rincipal (Applicant) / Name~f S/urety Company '7
--1t~~°~ Christine Marotta Attorney-in-Fact
By 1` \ vb r`~2~~- ~ 900 S Frontage Road Suite 250
,\ / Address of Surety Company
I~. UCJne-n.e.n +b~(~C!•~JCMeS (5~ Ce~~..~1rtn.c.~JnG,
5037662 t~ ~"~OC ~` ~ r d ny W®®~~~~~ ~ IL 60517 IL 60517
Bond/Policy No. City .State Zip Code
Surety Phone No. 630-495-9380
ABOVE-SIGNATOP.IES MUST BE NOTARIZED
AP VED AS TO FO
~-.
(~ pity Atto e
c~ ~/J:\Engineer\LANDDEN.Forms-Official\Bonds\Bond Material & Labor Prior to SIA.doe
4-21
ACXNOWLEDGMENT OF S(IRLTY
STATE OF ILLINOIS
COUNTY OF COOK
On JUN 2 i 20119 ,before me, a Notary Public in and for the above county, personally
appeared Christine Ntarotta to me personally known, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeguard 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 sea] of the
said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by
authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof
to be the voluntary act and deed of said corporation by her voluntarily executed.
N WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and
year first above written.
OFFICIAL SEAL ~~ ~~ ~ ~ ham'
NICOLE KUBENA Notary Public
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires 07175/2012
(SEAL) COOK County, ILLINOIS
4-22
POWER OF ATTORNEY
A~ 68340
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Coloration with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Christine Marotta, Debra Kohlman **** ************
*******************************************************************************************
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 be affixed by facsimile to any certificate of
any such power and any suchpower 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.
~rra'"sua~ BOND SAFEGUARD INSURANCE COMPANY
~"e s
~ ~ ~s /,y///J ~y~////
CpAR.WV ~ (/
INSURMlCE V BY ~`~ / ~1~~~~ `%
c
David E. Campbell
President
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.
r ^
"OFFICIAL SEAL" (~'
MAUREEN K. AYE aureen K. Aye
Notary Public, State of Illinois otary Public
My Commission Expires 09/21/13
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 farce and effect and has not been
revoked and the resolutions as set forth are now in force.
,DUN 2 1 2010
Signed and Sealed at Lombard, Illinois this Day of , 20
AN
vJOY` _It`~
ttLNp$ ~.
~ INSUR,wcE ~ Donald D. Buchanan
c~ coNeu+v
Secretary
"WARNING: Any person who knowingly and with intent to defraud ppny,,"yL~urance company or other person, files an application for insurance
or statement of claim containing any materially false information, dF cotie4als for the purpose of misleading, information concerning any fact
material [hereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." 93t
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On dune ~ , 20~~ ,before me, Cathie Zhou, a Notary Public,
personally appeazed Walter G. Miller, Jr., 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 instrurent 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 offici~' °'°'
[Civil Code §ll 89]
CATHIE ZHOU
Commission 11819063
Notary Public • California ~
San Barn~rdino County
~~ M Comm. Ex iras Oct 27, 2012 J
4-24
BOND SAFEGUARD INSURANCE COMPANY
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 5037662 effective June 21, 2010 issued by the Bond
Safeguard Insurance Companv in the amount of Seven Hundred Sixty Nine Thousand Nine Hundred and
001100 Dollars ($769 900.001 on behalf K. Hovnanian (o) Bella Lago. LLC as Principal, and in favor of the City
of Chula Vista as Obligee:
NOW Therefore, it is agreed that the File No. has been changed:
FROM: BE002I
TO: BEOOSI
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged and in full force and effect.
This rider is to be effective the 21~r day of J~ 2010.
Signed, sealed and dated this 23~d day of September, 2010.
Bond Safeguard Insurance Companv
Surety
Christine Marotta, Attorney-in-Fact
4-25
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On ~~~' J 2~1~ ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally known, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeg;ttard 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 Board of Directors, and further acknowledged 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
year first above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTARY PUBLIC. STATE OF ILLINOIS
My Commissicn Expires 07/15/2012
~w~
Notary Public
(SEAL) COOK Countv.ILLINOIS
4-26
POWER OF ATTORNEY
Ao 38801
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG Chr~t ReDMaSOtta, DebAa ICOhllmans*C~o~r~~*~i~r~~N~t*~ts~
principal o*i*****o *~*r*,,*I*li*~i*,,*d *e**** b~v***s~tl*u~t~e~~~~a~~o~i*t~
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver far, and on its behalf as surety, any and all bonds, 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 obfgatory in nature of a bond, $ ?,.ooo*ooo oo*T;o mal*o#aouar****R***** """""*""*~^ *e**"w" * *A#**" 4 "** ' ."" *" "
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 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 .
BOND SAFEGUARD INSURANCE COMPANY
J uo INSUq~, ~ ,////f yy////
~ Iwnas s BY
v
'£~ IcoNVw vE ~ David E. Campbell ~
President
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.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
r
aureen K. Aye
otary Public
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 fo~rpce. ^, 2U~U
SL1 (~. J
Signed and Sealed at Lombard, Illinois this Day of , 20
~INauq~s '~~t6/ ~~:~;~i~tcr~
AN
~~~
IWNgS ;
INSUaLNCE ~ Donald D. Buchanan
caNwNr
Secretary
"WARNING: Any person who knowingly and with intent to defraud~nyryr;urance company or other person, files an application for insurance
or statement of claim containing any materially false information, o c eats for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
a5~
Bond Safeguard Insurance Company
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 5037662 effective June 21.2010 issued by Bond
Safeguard Insurance Companv in the amount of Seven Hundred Sisty Nine Thousand Nine
Hundred Dollars and 00/100 DOLLARS ($769,900.00), on behalf of K. Hovnanian (~ Bella Lago,
LLC as Principal, and in favor of the City of Chula Vista, California as Obligee:
NOW Therefore, it is agreed that the Principal Name is amended as follows:
FROM: K. Hovnanian an Bella Lago. LLC
TO: K. Hovnanian at Bella Lago, LLC and Bella Lago, LLC.
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged and in full force and effect.
This rider is to be effective the 25`" day of October. 2010
Signed, sealed and dated this 25`" day of October 2010.
Bond Safeguard Insurance Companv
Surety
Christine Marotta, Attorney-iii-Fact
4-28
ACKNOWLEDGMENTOFSURETY
STATE OF ILLINOIS
COUNTY OF COOK
On ®e+~ ~ J 2~1~ ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally known, who, being by me duly sworn, did state [hat he/she is
Attorney-in-Fact of Bond Safeguard 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 Board of Directors, and further acknowledged the said instmment and the execution thereof
to be the voluntary act and deed of said corporation by her voluntarily executed.
IlV WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and
year first above written.
OFFICIAL SEAL -~_~~~ ~{~(/~y~d_
NiCOIE KUBENA Notary Public
NOTARY PUBLIC. STATE OF ILLINOIS
My Commission Expires 07/15/2012
(SEAL) COOK Countv.ILLINOIS
4-29
POWER OF ATTORNEY
Ao 38811
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARp INSURANCE C M AN Illinois ~~r~~*~ti~**w~i~i *t~s
ry Chnstme Marotta, era o~inlman
principal * *+ ~+~ ~~r~l~a*r~1~ I~I~~~S~ ~~e*s* *e~e~b*y*c*°~IS~t~t~t~*a~l~J *a~~q~l~t~
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, 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
2,000,000 OO Two milliandollars" •r+•rrrrr+r»r+++++wr.+rrrwr+++++++r++++.+r+r++++++r+rr.rr+++
indemnity or other writings obligatory in nature of a band +"+»+....+......++ ................... ... _ -
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 maybe 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 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.
BOND SAFEGUARD INSURANCE COMPANY
~,p INSUq- '
v~ AN ~~f '~~
0 MlINgS ; BY
osrE ~ David E. Campbell I
President
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.
"OFFICIAL SEAL"
MAL'REEN K. AYE
Notary Pu61ic, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
aureen K. Aye
otary Public
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.
OCT 2 5 2010
Signed and Sealed at Lombard, Illinois this Day of , 20
OJ
4~
~ Ns~ 8 <~`c <il~ ~~e%c~~l
AN
G IWNp$ ;
z$ ~+^~~ ~ Donald D. Buchanan
CwwNr
Secretary
"WARNING: Any person who knowingly and with intent to defraud~pnyjtprurance company or other person, files an application for insurance
or statement of claim containing any materially false information, o~F c0+leeals for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
BS2
~~3i~ ~f3~ ~`r~I'T~'Y~1L P~~'C3I2'~T.~~FC~
(To 3e Used Prior to Approval of Subdivtsion Improvement Agreement)
File No.: BE0021,BE002G
$ond No.: 5037664
Premium: $5 570 00
WHERE?.S, the City Council of the City of Chula Vista, County of SanDiego, Stata of Cafifamia, and
K. Hovnanian @ Bella Lago, LLC (hereinafter°Principal")dasit'e
to easier intro a Subdivision Improvement A.greemen*, (hereinafter r eferred t a as "Ao Bement")whereby
Principal agrees to instalt and complete certain designated public improvements for the project known as
Unit 3 Improvements Tr. 03-03 Bella Lago (Chula Vista) _ ;and
bV"i;EREAS, Principal desires to eommeuce construction of said public improvements prior to
approval of said Agree?Went by the City Council of the City of Chula Vista; and,
WHEREAS, the City of ChulaZTista, County of San Diego, State of California, has issued to Principal
Construction Perniit No. 03-03 (hereinafter refet7ed to as "Permit") for the public improvement
work as set forth in more detai t on City of Chula Vista Dra~xiing Nos. /~~ - O / through
7/7 n 9 ~ - / ~ , regarding conslnaction of sal ~? public improvements, which Permttis herebyreferred to
and made a part hereof; and,
V;r1IEAEAS, said Principal is required under the terms of said Permit to ft~mish a bond far faithful
performance of said Permit and will be required to maintain such bond pursuant to the Agreement.
1sIO~r/ TEIEREFfJRE, roe, the Principal and Bond Safeguard Insurance Company
a corporation of tae State cf
Illinois , (hereinafter "Stuety"), are i2eld and firmly bound unto tha City of Chula
Vista, a municipal corporation {hereinafter "city') in the County of San Diego, State of California, and to and
forthe benefit of any anal all persons whe rnaysuffer damages bybreach of the conditions herecf, inthepenal
sum of Three Hundred Seventy One Thousand Three Hundred Dollars and 00/100 dollars,
($ 371,300.00 ~, lawful money of fheUmted States, foz the payTnent at whtch sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and adnairustrators, jointly and severally,
fia-?n1y by these presents.
The condition of this obligation is such that if the above-bound Principal, his ar its heirs, executors,
administrators, successor or assigns, shall in all flings stand to and abide by; and well and tntly keep and
perform the terms, covenants, conditions, an3 previsions ofsaid Permit and the subsequent Agreztnent, which
is incorporated herein and~any alteration thereofmade as therein pror2ded, on his or their part, to be kept and
performed at the time and in rase manner therein specified, as to installation and completion of said public
improvements bona prior to a?ld subsequent to City approval ofthe Agreement and in alt respects according to
their true intent and meaning, and shall indemnify and save harmless City, its officers, agents ar_d 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 or the obligation secured hereby and in addition tc tl?e face amount specifted therfor, therz
shall be included casts and reasanable expenses and fees, including reasonable attorney's fees, inctu-red by
City in successfully enforcing such obligation, alI to be taxed as costs and included in anyjudgment rendered..
The Suretyhereby stipulates ar_d agrees that no change, extension of time, alteration or addition to the
terms of the Permit or the Agreement or to the rvork to be performed thereunder or tl?e specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does herebywaive notice or
any such change, extension of time, alteration or addition to the terms of±he Permit or the Agreement orto file
4-31
work or to the specifications.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions ofthe Agreement, the fallowing acts and performances are additionally subject to the terms of
this bond:
IN WITNESS WHEREOF, this instntment has been duly executed by the Principal and Surety above
named, on June 21 2010 ,
K. Hovnanian @ Bella Lago, LLC
Name of Prin ipal (Applicant) /
By '/I' 1~-
I
By ~ ~r,~. ~P~~ J
(L. 4~oJ nG.n'.~n LOr'~c-n .{ ~j p~ ~.c ~~~oCtt~~n~•`` Jam. ^(„~
5037664
Bond/Policy No
Bond Safeguard Insurance Company
Name of Surety Company
Christine Marotta Attorney-in-Fact
900 S. Frontage Road, Suite 250
Address of Surety Company
Woodridge , IL 60517 IL 50517
City State Zin Code
Surety Phone No. 630-495-9380
MTJST BE NOTARIZED
APPROVED AS
J:\Engineer\LANDDEV\Forms-Official\Bo¢ds\Bond Faith Perf prior to SIA.DOC
4-32
ACKNOWLEDG~YLENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On JUId ~° ~' 2U~o ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally known, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeeuard 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 Board of Directors, and further acknowledged 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
year fast above written.
OFFICIAL SEAL
NICOLE KU6ENA
NOTARY PUBLIC. STATE OF ILLINOIS
My Commission Expires 07/15/2012
Notary Public
(SEAL) COOK Countv. ILLINOIS
4-33
POWER OF ATTORNEY
Ao 68341
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Co*poration with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Christine Marotta, Debra Kohlman **** ************
**********+************** ***********************s*****************************************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, 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 shalt 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 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.
~~'"au~ BOND SAFEGUARD INSURANCE COMPANY
AN
~"~ s
p IW"OIS ;
INSURANCE ; /~~~~,~~
COMPANY 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 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.
r
"OFFICIAL SEAL" ~
]yIAIJREEN K. AYE aureen K. Aye
Notary Public, State of Illinois otary Public
tYIy Commission Expires 09/21/13
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.
~IU~9 2 1 2010
Signed and Sealed at Lombard, Illinois thi Day of , 20
-qp iNSU ~~~6M " //N !1/I 6l G~~~i(iLl
4 AN
IWN013 ;
°~ 'NwRANOE ~ Donald D. Buchanan
coMPAnr
Secretary
"WARNING: Any person who knowingly and with intent to defraud pnY,ytpurance company or other person, files an application for insurance
or statement of claim containing any materially false information, 6f ca~CEals for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and suhjects such person to criminal and civil penalties." as1
STATE OF CALIFORNIA
COUNTY OF SAN BERI~IARDINO
On ~tivu 3U , 20 /v, before me, Cathie Zhou, a Notary Public,
personally appeared Walter G. Miller, Jr., 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 offi~
[Civil Code §1189]
4-35
7 CATHIE ZNOU
21 Commission ak 1819063
-i Notary PuClio -California ~
San 8ernardlno County
My Comm. Ea 'res Oct 21, 2012 J
File No.: BEOO21.BEOO2G
Bond No,; 5037664
Premlum: premium IncWded In Perormance Bend
~®i®rD FOB l~AT'E~ZIAL Altii~ I,A~OI~.
(To Be Used Prior To Approval of 5nbdivision Improverrsent Agreement)
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and
K. Hovnanian @ Bella Lago, LLC (hereinafter "Principal") desire to enier into a
Subdivision Fmprovemert AgrBement (hereinafter referred to as "Agreement"} whereby Principal agrees to
install and complete certain designated public improvements for the project Irnown as
Unit 3 Improvements Tr. 03-03 Bella Lago (Chula Vista) ;and
WHER>;AS, Principal desires to commence construction of said public improvements prior to appro~~al
of said Ao Bement by the City Council of the City oFChula Vista; and,
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal
Construction Permit No. 03-03 (hereinafter referred to as "Permit") for the public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. ~17j~~-rz! throu;h
~(JOZ ~-/ ~ regarding construction of said public improvements, which Permit is hereby rferred to and made
apart hereof; and,
WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance
of the wor'_~, to file a good and sufficient payment band with the City of Chula Vista to secure the claims to
which reference is made in Title 15 (commencing with Section 3082), Par[ 4, Division 3, of the Civil Code of
the State of California and will be required to maintain such bond pursuant to the Agreeement,
NOW THEREFORE, said Principal and Bond Safeguard Insurance Company a corporation of the
State of Illinois , (hereinafter "Surety'), are held and firmly bound unto the Cit~j of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State o f California, and all
contractors, subcontractors, laborers, materialmen and other persons eurployed in the performance of the
aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
Three Hundred Seventy One Thousand Three Hundred Dollars and 00!100 dollar'>, (S 371 300.00 ), lawful money of
the United States, for materials furnished or labor thereon of any kind, or for amounis due under the
Unemployment Insurance Act with respect to s uoh w ork or labor, that said Surety will pay the s erne in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought anon this bond, will
pay, in addifion 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 fllis 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), Part
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;
adminis'sators, s uccessors or a ssib s, s hall in a 11 t lungs s tend t o a nd a bide b y, a nd w ell a nd t rely lc eep a nd
perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is
incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the Gme and in the manner therein specked, as to installation and completion of said public
Improvements both prior to and subsequent to City zpproval of the Agreement and in all respects according to
4-36
their true intent and meaning, and shall indemnify and save bannless City, its officers, agents and employees, as
therein stipulated, then this obligation shall becomenull and void; otherwise, it shall be and remain in full force
and effect.
The Surety hereby stipulates and agrees thzt no change, extension of time, 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 following acts and performances are additionally subject to the terms of
this bond:
IlV WITiVESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on June 21 2010
K. Hovnanian @ Bella Lag , LLC
Name of rind ~ al (Applica t)
By JJ Iluu
I~. 4-~J,~ an . c..n
~~- -:~
~qA ` ( ~ _
5037664
Bond/Policy No.
Bond Safeguard Insurance Comgany
Name of Surety Company
By ~ ~-
Christine Marotta Attorney-in-Fact
900 S Frontage Road Suite 250
Address of Surety Company
W®®r~Pl~~~ , IL 60517 IL 60517
City State Zip Code
Surety Phone No.
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVE AS TO FnO~
~-C/ .
~~ Att v
7:\Engineer\LANDDEV\Eorms-Official\Bonds\Bond Material & Labor Prior to SIA.doc
630-495-9380
4-37
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
JU~1 2 2 2010
On ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally known, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeguard 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 Board of Directors, and further acknowledged 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
year first above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTARY PUBLIC. STATE OF ILLINOIS
My Commission Expires 07115/2012
(SEAL)
Notary Public
COOK County ILLINOIS
4-38
POWER OF ATTORNEY
Ao 68342
Bond Safeguard jNSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illino*s~* o~or~*io *wi***t~s*
principal office in Lombard, Illinois, does hereby constitute and appoint: Christine Marotta, Debra Kohlman
+~**+**r**s*****r******~*****x**~***********+«x*********s**+********~*«~**rx*+********sxx**
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, 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
ceFFrl Inran 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 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 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.
~~'"~at,~ BOND SAFEGUARD INSURANCE COMPANY
e~° S
AN
~ ILLINOIS ;
I INSURANCE j /J
O COMPANY 2 ~~~~~
A e 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 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.
V^
"OFFICIAL SEAL"
MAL'REEN K. AYE aureen K. Aye
Notary Public, State of Illinois otary Public
My Commission Expires 09/21/13
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.
,~~~ 2 ~. 2010
Signed and Sealed at Lombard, Illinois this Day of , 20
J
4~e F
~ ~,o INSU~ ~~~8',~C~Gt /t/r ~A! A;eiOLLr.~fl~
~ NLNgS ;
rc+suRwNce ~ Donald D. Buchanan
cLMPANv
Secretary
"WARNING: Any person who knowingly and with intent to defraud~ny }p~urance company or other person, files an application for insurance
or statement of claim containing any materially false information, cod als for the purpose of misleading, information concerning any fact
material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." asi
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On ~iwwz '-~~ , 20 ~d, before me, Cathie Zhou, a Notary Public,
personally appeared Walter G. Miller, Jr., 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 instnunent the
person, or the entity upon behalf of which the person 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.
ota blic
[Civil Code § 1189]
CATHIE ZHOU
Commission M 1619083
= Notary Public - Californle
San Bernartlino County
M Comm. Expires Oct 2t, 2012
4-40
Bond Safeguard Insurance Company
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 5037664 effective June 21, 2010 issued by Bond
Safeguard Insurance Comnanv in the amount of Three Hundred Seventy One Thousand Three
Hundred DoOars and 00/100 DOLLARS ($371,300.00), on behalf of K. Hovnanian (a7, Bella Lago,
LLC as Principal, and in favor of the City of Chula Vista, California as Obligee:
NOW Therefore, it is agreed that the Principal Name is amended as follows:
FROM: K. Hovnanian (a7 Bella Lago, LLC
TO: K. Hovnanian at Bella Lago, LLC and Bella Lago, LLC.
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged and in full force and effect.
This rider is to be effective the 25ih day of October 2010
Signed, sealed and dated this 25th day of October, 2010.
Bond Safeguard Insurance Comnanv
Surety
~jf {,(1~
Christine Marotta, Attorney-in-Fact
4-41
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On OCtl ~~J ZU9O ,before me, a Notary Public in and for the above county, personally
appeared Christine Marotta to me personally lmown, who, being by me duly sworn, did state that he/she is
Attorney-in-Fact of Bond Safeeuard Insurance Company, a corporation organized and existing under
the laws of the State of Illinois that the seal affixed to the foregoing instmment 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 Board of Directors, and further acknowledged the said instmment 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
year first above written.
OFFICIAL SEAL
NICOLE KUBENA
NOTAPY PUBLIC. STATE OF ILLINOIS
My Commission Expires 0711 5/2 01 2
N^/VWVWVWY.:f
Notary Public
(SEAL) COOK County. ILLINOIS
4-42
POWER OF ATTORNEY
AO 38810
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG CIII1DSt111E M OtL3,CllebA3 KO~I`~ Inllilnalolls*~~r~~*a*i~**w~t~*t~s
principal * * * * * * * * * b *rd~ II*I * ~* ~~ *e* * *e~P~b~y* *o~s~t~tt~t~*a~t~l *a~~~i~
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, 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, $ ? ooo,ooo.oo Twomalionaouars *****•*+'•••********~••+••**•*••*****»****••*•*****•*•**»•*+••••
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 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.
BOND SAFEGUARD INSURANCE COMPANY
-ep INSU ~//
~ AN s
c wrvas ; BY
Z INSURANCE v
$ °O"'"`"r ~ David E. Campbell ~
President
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.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Pu61ic, State of Illinois
NIy Commission Expires 09/21/13
CERTIFICATE
~~ ~.
aureen K. Aye
tary Public
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.
OCT 2 5 010
Signed and Sealed at Lombard, Illinois this ay of , 20
r„no wsur~
pJ
4~'
~ AN
~ IWNpS i f
I INSURANCE T
c~ ccuRwv ~ Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud aIryTITSMance company or other person, files an application for insurance
or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact
material thereto. commits a frauduln..r ~.,e.,.e..~e era ,.,e.ls, I~ •, ..•:......,...+ ..••.,:--•- -..-~ ____-- •- _ • •• ~-~ -