HomeMy WebLinkAbout2005-356
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RESOLutION NO, 2005-356
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 14604 LOCATED AT THE NORTHEAST CORNER OF
omo AND MAGNOLIA AVENUES WITH KB HOME GREATER LOS ANGELES
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF RICHARD L. ELDER AND KEVIN R. ELDER FROM TERMS OF
STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 14604 AS
APPROVED BY RESOLUTION NO. 2003-129, DATED JUNE 16, 2003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
KB Home Greater Los Angeles Inc., for improvements in Subdivision Tract No. 14604 as
are required by Title 19 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is specified at 24 months. Said
improvements are specifically described and shown on Drawings approved and on file in the
office of Development Services of the City of San Bernardino.
SECTION 2. Standard Form of Agreement for Subdivision Tract No. J 4604 as
approved by Resolution No. 2003-129 dated June 16,2003 with Richard L. Elder and Kevin
R. Elder is hereby cancelled by mutual consent of the City and Richard L. Elder and Kevin R.
Elder
2005-356
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 14604 LOCATED AT THE NORTHEAST CORNER OF
omo AND MAGNOLIA AVENUES WITH KB HOME GREATER WS ANGELES
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF RICHARD L. ELDER AND KEVIN R. ELDER FROM TERMS OF
STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 14604 AS
APPROVED BY RESOLUTION NO. 2003-129, DATED JUNE 16, 2003.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
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2005-356
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDMSION TRACT NO. 14604".
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint regular
and Common Council of the City of San Bernardino at a meeting thereof, held on
the17th day of October , 2005, by the following vote, to wit:
Council Members: AYES
ESTRADA x
LONGVILLE x
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
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NAYS ABSTAIN ABSENT
t6.~
2005.
day of October
The foregoing resolution is hereby approved this
,~
alles, Mayor
f San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City A omey
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AGREEMENT
(Subdivision Improvements)
't~L dayof_~ ,
THIS AGREEMENT is made and entered into as of this
2006', by and between the CITY OF SAN BERNARDINO, a Municipal Corporation,
hereinafter referred to as "City," and KB HOME Greater Los Angeles Inc., hereinafter referred
to as "Subdivider."
RECITALS
,
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 14604; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby referred
to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets, highways or public ways and
public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as required by, the Plans and
Specifications for all or any of said improvements in, appurtenant to, or outside the limits of
subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of
the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications therein
offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement
with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municioal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory
performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all
required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required to
complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be done
at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and
Specifications therefor, heretofore approved by City Engineer and which are now on file in his
office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time for
the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement; provided
that, in the event good cause is shown therefor, the City Engineer may extend the time for
completion of the improvements hereunder. Any such extension may be granted without notice
to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the
bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole
and final judge as to whether or not good cause has been shown to entitle Subdivider to an
extension.
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5. Reoairs and Replacements. Subdivider shall replace, or have replaced, or repair,
or have repaired, as the case may be, all pipes and monuments shown on the map which have
been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have
repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any
and all property damaged or destroyed by reason of any work done hereunder, whether such
property be owned by the United States, or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City, or by any public or private corporation, or
by any person whomsoever, or by any combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deoosits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a written
statement signed by Subdivider, and each public utility corporation involved, to the effect that
Subdivider has made all deposits legally required by such public utility corporation for the
connection of any and all public utilities to be supplied by such public utility corporation within
the Subdivision.
7. Permits: Comnliance with Law. Subdivider shall, at Subdivider's expense, obtain
all necessary permits and licenses for the construction of such improvements, give all necessary
notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions
of the Subdivision Map Act and Title 19 San Bernardino Municinal Code.
8. Sunerintendence bv Subdivider. Subdivider shall give personal superintendence
to the work on said improvement, or have a competent foreman or superintendent, satisfactory to
the City Engineer on the work at all times during progress, with authority to act for Subdivider.
9. Insnection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
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work is in preparation.
10. Contract Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of the
improvements and acts to be performed as security for the payment of all persons
performing labor and furnishing materials in connection with this Agreement;
and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated cost
of the improvements and acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year following the completion and
acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the face
amount of the security, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully
enforcing the obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino
Municipal Code, and the type shall be at the option of and subject to the approval
of the City Engineer and the City Attorney.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph, and
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such insurance shall have been approved by City Attorney as to form, amount and carrier, nor
shall Subdivider allow any contractor or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the contractor or subcontractor shall have been
so obtained and approved. All requirements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
(a) Worker's Comoensation InsurancelEmolover's Liability Insurance. Subdivider
shall maintain, during the life of this Agreement, Worker's Compensation
Insurance and Employer's Liability Insurance for all Subdivider's employees
employed at the site of improvement, and, in case any work is sublet, Subdivider
shall require any contractor or subcontractor similarly to provide Worker's
Compensation Insurance and Employer's Liability Insurance for all contractor's
or subcontractor's employees, unless such employees are covered by the
protection afforded by Subdivider. In case any class of employees engaged in
work under this Agreement at the site of the project is not protected under any
Worker's Compensation Law, Subdivider shall provide, and shall cause each
contractor and subcontractor to provide, adequate insurance for the protection of
employees not otherwise protected. Subdivider shall indemnify City for any
damage resulting to it from failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
(b) Public Liabilitv and Prooertv Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
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damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder, whether
such operations be by Subdivider or any contractor or subcontractor, or by
anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any contractor
or subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to
anyone person, and, subject to the same limit for each person, in an
amount not less than One Million Dollars ($1,000,000.00) on account of
anyone occurrence; Product Liability Insurance coverage should be part
of the Public Liability Insurance;
(2) Prooerty Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of cross-
liability endorsement, insuring on such policy City, its elective and appointive
boards, commissions, officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered by this Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or property
damage, shall be written, if possible, on an "occurrence" form rather than
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a "claims made" policy. If the insurance policy is written on a "claims
made" policy, then additional coverage, entitled "tail coverage" must be
purchased to cover a period of one (1) year from completion of the project.
All subcontractors must and shall comply with the same insurance
provisions as the contractor(s) and subdivider(s).
(4) Personal Iniury - Defined. As used herein, the tenn "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones, or
the like, disabilities or impairments, including aggravation of existing
injuries, or invasion of personal rights, including libel or slander criminal
conversation, malicious prosecution, false imprisonment and mental
suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently
with the execution hereof, with satisfactory evidence of the insurance required, and evidence that
City is named and endorsed on the policy as an additional insured. Subdivider and contractor
shall also provide City with evidence that each carrier will be required to give City at least ten
(10) days prior written notice of the cancellation or reduction in coverage of any policy during
the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and
shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and character
including, but not limited to, the amounts of judgments, penalties, interests, court costs,
attomey'sIlegal fees, and all other expenses incurred by the City arising in favor on any party,
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including claims, liens, debts, demands for lost wages or compensation, personal injuries,
including employees of the City, death or damages to property (including property of the City)
and without limitation by enumeration, all other claims or demands of every character occurring
or in any way incident to, in connection with or arising directly or indirectly, (including from the
negligent performance by its officers, employees, agents) from the terms of this Agreement,
whether such operations/incidents are caused by contractor, Subdivider or any of
contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or
indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or
Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle,
respond to, provide defense for and defend any such claims, demand, or suit at the sole expense
of the Subdivider/Developer even if the claim or claims alleged are groundless, false or
fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the insurance
policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind .suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has prepared, supplied or approved of Plans
and/or Specifications for the subdivision, or regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such
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damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's!Developer's liability
but is intended solely to provide for indemnification of the City from liability for damage or
injuries to third persons or property arising from Subdivider/Developer's performance hereunder.
14. Title to Imorovements. Title to, and ownership of, all improvements constructed
hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such
improvements by City.
15. Reoair or Reconstruction of Defective Work. If, within a period of one year after
final acceptance of the work performed under this Agreement, any structure or part of any
structure furnished and/or installed or constructed, or caused to be installed or constructed by
Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements
of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and
without any cost to City, repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in
accordance with this requirement, or should the exigencies of the situation as determined by the
City in the exercise of its sole discretion require repair, replacement or reconstruction before the
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs
plus fifteen percent (15%).
16.: Subdivider Not Agent ofCitv. Neither Subdivider nor any of Subdivider's agents
or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17 ~ Cost of Engineering and Insoection. Subdivider shall pay to City the costs of all
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permit fees for all engineering inspections and other services connected with the City in regard to
the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution
of the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said work
within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make
a general assignment for the benefit of Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate any of the provisions of this
Agreement, City Engineer or City Council may serve written notice upon Subdivider and
subdivider's surety of breach of this Agreement, or of any portion thereof, and default of
Subdivider.
19. Breach of Agreement: Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same to
completion, by contract or by any other method City may deem advisable, for the account and at
the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or
damages occasioned City thereby; and, in such event, City, without liability for so doing, may
take possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the work and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in person or
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sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
KB HOME Greater Los Angeles Inc. - Forward Planning Dept.
801 Corporate Center Drive, Suite 201
Pomona, CA 91768
(c) Notices required to be given to surety of Subdivider shall be addressed as follows:
Aon Risk Services Inc.
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
Provided that any party or the surety may change such address by notice in writing to the other
party, and, thereafter, notices shall be addressed and transmitted to the new address.
21.. Successors Bound. This Agreement shall be binding upon and inure to the benefit
of each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
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ATTEST:
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
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. 2005-356
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me, Sheri McInturff, Notary Public,
personally appeared Stacey Sassaman, personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument,
it. ..MCINMIFF
CcII.IlI...... .1# ''''0
NGIary PubIc . Cc*amIa
. . l.OI AngeIIt CcII.I1IV
MwCamL", %7.
WITNESS my hand and official seal,
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2005-356
BOND NO.: 024022760
PREMIUM: $3,531.00
FMTHFULPERFORMANCEBOND
SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and finnly bound unto City of San Bernardino, as Obligee, in the sum of Seven Hundred Six
Thousand One Hundred and 00/100 Dollars ($706,100.00), lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves jointly and severally, finnly by
these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS S~at, Wher13S, said Principal has
entered into a Subdivision Agreement with said Obligee, dated /t:} I del2> , in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Water, Storm Drainage, and Roadway Improvements
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perfonn all the covenants and
obligations of said agreement on its part to be done and perfonned at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
Signed and sealed on August 29, 2005
KB HOME Greater Los Angeles Inc.
a oration
Liberty Mutual Insurance Company
By
errin, Attorney-ln.}'act
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30, 2005 before me, Sheri McInturff, Notary PubUc,
personally appeared Stacey Sassaman, personally known to me to be
the person whose name is subsCribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the person acted, executed th,e instrument.
WITNESS nw hand and officJal seal. ~ )t& ~
JJ.~ ~~l I Sheri McInwrff
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2005-356
State of California
County of Los Angeles
On August 29. 2005 before me, Martha A. Gonzales. Notary Public.
personally appeared Joyce Herrin personally known- to me (or proved
to me on the basis of satisfactory evidence) to be the person{ s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
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.
WITNESS my hand and official seal.
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THIS POWER Of: ATTORNEY 1$ NOT VALID UNLESSIT IS PRiNtED ON REDBACKQROllND.
Th"PawerOfA~ney 1Irn1tetheactsof,thoaenam8dhereln,"and they hIVltno\alltllorlty to 'bind the Company except in tlte, manner ' al'idto
the extent her,ln Qlted, ' '
LIBERTY MUTUAL INSURANCE cOMPANY
BOSTON, MASSACHUSEtts
POWl:R OF ATTORNEY
KNOW ALL, PER$ONSBYTHESE PRESENTS: ,Ttlat Liberty Mutual ,Insurance Company (lhe'Company"), a Massachusell$ stOCk inSurance
company, pursuant tc IlIld by alJthorityOf theBy~lawand AuthoriZation hereinafter set forth, dOeS hereby f'I!UTI8., constlMeanc:l 8PPQlnt
E.S. ALBRECHT, JR., C;,,"'NAKAMU~~A L,....()RNTO~,MARIA ~ ~rAf'lAlI:DWARD C. SPECTOR,
KD CONRAD, JOYCE HER.RJN, MICtfA&t.R. MA'fEIE~AL"'()FTHE(:rrvOF~()$~I:~.$TATE CALIFORNIA
~""".~ JI .. .._"...n".. .... ...... ~.-......."" ..~..~.~~ ~'i.. ... n ....~.~ ~"";'.~-~.. ...... "..~~-..~ .~,,~- ~..".."""""..,, JI';' ~-~'.~~:.'.."".. ..-.-~..:~_...""""""" ~~~'._;~~.~.. '."....." .~~~~ .;.-.~:~~_._. .....""'..."""..",, ...."""".. ... ~"""
, each indivldually if there be _thSfl onell6li1)ed, its trUel!/ld lawful attorneY"in-factt()!ll$ke,eXllct.te,seaI, ~ge and deliver,fOr and on Its
behaff as sure and as ItsElCl and~18!lY:liIid all u~rtaki!lgs, bonds, recognlzancesandother~r~ Obllgalion$lirthe penal sum not exceeding
ONE H NDR ,MlLLIONAND , " l~""".".____ <OOLiAR$($100'OOO.OOO.OO....... ... . I each, and the
execution of such under1!lklr1gs,bQnc:I$;~lzances ~()ther surety obllglilions, In pursuance:'Cif these presen~;ShaIl be. as blndlng upon the
Company as if they had been duly sllJ~b)'tI1e pl'8$ldent~attested bytneSEICl'etary()flt\s Comjlany In their own properpel'$OllS.
Thetthis power Is made and executedpiJ~ to and by authOrItyoftl1eloilawlng By-law and AuthOl'tzl:illon: ...
ARTICLE Xlfl-Executionof C<lnlracts:Section 5. SuretYBQOdSIlnd Undertakings.
Anyofficerofthe~yauthorlzed for that purpose In writing by the chairrnan or thepresident,andsubjectto such IImftalions as the .
_ chalrrnan 01' the pl'$sldentmayprescribe, sh<lll appointsl,lCh attorneys-In-fact, as may be necessary to act III be/1aIfof the COmpany to make, ~
- execute, seai, acknOWledge and derIVer as surety any and all undertakings, bonds, recognizanCes and other surety Obllga1lons;.SUch 'U
I:: atlQmeys-in-lact, subjliclto thellmftallons set forth in their respective powers of attomey, Shall have full. powertc bind the Company by their :
I signature and execiJIlonOf any such instruments and to attach thereto the seal of the Company. When so executed such Instruments Shall be !
as blncllng as II signed by the pfllsldent and attested by the secretary.
. . !
III I By the fOllowing Instrument the chairman or the president has ault10rfzed the officer or other official named lhereln to appoint allomeys-In-facl: .0
Ie Pursuantlo Article XIII, Section 5 Of the By-Laws, Gamet W. Elliott, AssistantSecretaryof LibertyMutuallnsUranceCompany, is herebyf
.z l!! authorized to appoint such attorneys-Ill-fact as may be. necessary to act in. behafl of the Company to make, execute,. seal,acknowiedgs and s::
~! deliver as surety any and all undertakfngs, bonds, recognizances and other surety obligations. j.!
5 J That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. rf3
f ...!: IN WITNESS WHEREOF. this POwer ofAttomey has been subscribed by an authorized officer or olflclalof the Company and the corporate seato! ~1
' ! ii Uberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania thIs3rd . deyof Auoust . , = 6
!::1 .2005 . . C(Ci'J
" .~~ ... ..
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I ~ UBERTY MUTUAL INSURANCE COMPANY 11 .
f: By!j0 4 At/. C7L~ .fi
~! COMMONWEALTH OF PENNSYLVANIA ss Gamet W. Efflott, AssIstant Secretary ;i!
E l1li COUNTY OF MONTGOMERY '0 c
: I On this ~ day of Auaust , .2QQQ., befOre me, a Notary Public, personally came Gamet W Elliott. to me known, and acknowledged ~I
~ -:. that he Is an Assistant SecrtlaJy of Liberty Mutual Insurance Company; that he knows the seal of $aid corporation; and that he executed the above ;g
:.!l Power of Attorney and aftlxlld corporate _ of Uberty Mutual Insurance Compeny lhereto with the authority and at the direction of Said corporation. !:
~t#t!(J> . ......................... ........ . .......
. . ..... 'FlY pu~;;,., . .......................... ................< ....... ........... .' ... . .
I, .lhe unders/gnelf, Asslslan . . . taryof iJberty MutlJallns~ CompanY,d9-herebV:certify that1l1,eoriglnal ~rot<tomeY Of whiCh the lor~ing
Is a full, true. ~c:ori'EIClcopy, ..Is In liJllf!j~ and effect on.ut8'dl\fll Ofthise!!l'llficate; ar1(jf!fo ful'ttKltCltl'tilyltllittb&.Ollicer orolllcial whOexeculed the
Said power of attorney i$an A$slstarltStiCietaryspecJallyauthoriZedbYt1:i8 chalrrnan ot1h8 preSld8i1tfl>.IJj)fiOiOtatlc)meys.ln-fact as provided 11'1 AI1fcle
X/If.~50flt1eBy-lawsofLlbertyMutuallnSUran(leCornpany.. . . . .
... - - -
ThiSc9rtifi<:atellndtheabovepow'er of allomeYfnllyb$Slgned by laCs,,"Ue or mechaniCallyreprcxlucedslllnatlJreSunder and by authority of the
foOowingvote Of the tioardOf dfr~~ of Uberty MlJtuai Insurance Company at a me$1lng duly called and held on the 12thday Of March,1980;
VOTED that thefacsfmUe or. ~hanfcally . reproduced. slgnatlJre. ofanyasslslant secre~ry of. the company, wherever. appe8J'ing upon a
certified copy of any-powerOfattorneyilisUedbythecompany in connection with surety bonds, shaD. be valid and blncllng upon the company
with the same fQ~ and effect 8$thougtnl1anually affixed. . . .. ... . . ...
29th day of
",c."" .
2005-356
BOND NO.: 024022760
PREMIUM: Included in the
Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mntual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of Three Hundred Fifty Three
Thousand Fifty and 00/100 Dollan (5353,050.00), lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves jointly and severally, finnly by these
presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS ~at, Whereas, said Principal has
entered into a Subdivision Agreement with said Obligee, dated Jq I Jeo)' , in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Water, Storm Drainage, and Roadway Improvements
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal or any contractor or subcontractor fails to pay for any
materials, provisions, or rented equipment used in, upon, or for or about the construction of the public
improvements or perfonnance of the work to be done, or for any work or labor done of any kind, in or
on such improvements, said Surety will pay the same in an amount not exceeding the sum set forth
above and, in addition, the Surety agrees to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors, and to persons renting
equipment or furnishing labor or materials to them for the improvements.
Signed and sealed on August 298, 2005.
N
D ARC PLANNING
Liberty Mutual Insurance Company
By
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2005-356
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me, Sheri Mcinturff. Notary Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the person acted, executed ~e instrument.
WITNESS my hand and official seal.
~~~
... iitlmJRfF
fa C\;,o.JI\IIIItln# 159112S
Nl*IlYPubIC.~ -
",,~CO&nY
. uwc:amn. IllPRIAuO 27.
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2005-356
State of California
County of Los Angeles
On August 29. 2005 before me, Martha A. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and aCknowledged to
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.
WITNESS my hand and official seal.
t~':.~..~:.c: ,"~,,~"";:;,~~~~
r ; . ..~L.""hl_,, ell
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, . :;::- . ~;"~;'i l\
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MarthaA.Gonzales
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2005-356 '
THIS POWER OF ATTORNEY IS NOT VAUD UNLESS IT IS PRINTlD9N RED BACKGROUND.
' ThltPowerof Attorney IIml.. thtilict8 of thoee named herein, and they heYeno authority to bind the Company except In the manner and to
the extent herein atllt8cl. ' ,
1791917
LIBERTY MUTUAJ.;INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL peRSONS By THESE PRESENTS: That Uberty Mu~ Insurance Company (the 'Company'), a Massachuseltsstock Insurance
company, llU,suantto and by aUlhorttyof th$. By-law and Authorization hereinafter setforth, does hereby name, COIlIl\l\Ule andapllOlnt .'
E.S:ALBRECtiT, "'R.,~~~UR~~AL.TI:'~NTO"',MARIAPENA,,MAIlIt4AT~~ARD C, SPECTOR,
KD CONRAD,JOVCE~IN,MlC~R.MA'fI:t~AtI.()FTHE..~ OFJ.,Q$N;,~,STATE CAUFORNIA
........-.... ....... .. Ii. ..-.. ........ ... ..-~~i~~.~'~ Ii..... ".... .~~~:':~..~-~~. -,"II' -.. ...~ ~'-._; ~',,-.'~.. ........ -!i .-.-.. ~~~ ....... ...~ '-~''''~'''~';.''... ...~ .~-~-~:.'......... ......~:.-~i~.:-..~.~.. ........... ..'.... .'................
, each 1~v!dUal1y if there be mcir.1lt8l'l one~; Its true and lawful atlom:'y-irHact ~!l1llke, exe<:ute' saaI, acIcrliiwIedge 8tld deliver, for lUld on its
beha/fas. sure. tv. 8tld.. as ',Its. act,.'.. arid. ..' '.'.dHd._..;; ..l:I..'.Il!lY..... ......8Fld........ all. Undo e... t1ak ....'. .Ings,'.bonds... .' reco. '. .,.9"... ,lzances....,.....JiIld,.,. other. '.',.sur. ,., ~.obI, 1.9l!.~ lionS" '."""',"'.IlI.,'.. ,tho e. penal.... SUo m.not..eXCeedlng
ONE HUNDRED MlLUONAN~wn~u""..",_..",. .. . . .... .... 'DOLLAAS($ 100JlOO.OOO.~:" I nch, end the
execution of Slich underteklngs,llOlld$' ~zances and other surety obligaliOns, III IlWsuance l)fthese pt8sentii,lihall be as binding upon the
Compeny eslt they h8d been duty ~~f!(l~ythe presldentand attested by thil secretaJyofihJ Company in their ownllrGl)!lr persons.
That this power ls made end executedpursu8rrt to 8tld by authority of the follOWing By-laW.and AuthorIZation:
ARTICLE XIII , ExecutlOllof c9ntracts: Section .5. Sur~tyBorid~lll1d Undertakings.
Any officer of theCOrnPa/ly authOrized for that purpose In WrIting by the chalnnan or the president, end subject to Slich IIrn1tetions as the
chalnnanor the president meypi'escrlbe, shall allpolnfsUCh attomey&;-In-fact, as mey be necessary to act In behalf of th$ COrnPa/lyto make,
execut.., Seal, acknOwledge 8tld denver as surety eny end all undertakings, bonds;recogn~ 8tldother SllI'tty'abllgatlons. Such
I attomeys-In,fact,SUbj8ctto the limitations set .forth .Inthelr respective powers of attomey,' shall have full power 10 bind the Company by their
signatlJreanc:texecutlon ofeny such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be
"'. u_"'..._"'............_ by"""""".
~ I By the following Instrument thechainnan or the president has authorized the officer or other official named therein to appointattomeys-In-fact:
.11: Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W..Elllott,Assistant Secretery of Liberty Mutua/Insurance Company, Is hereby
.z l! authorized to appOInt Slich attorneys-In-fact as may be necessery to act In behalf of the Compeny to make, execute, seal, acknowledge 8tld I
I! .. delIver as surety any 8tld all undertakings, bonds, recognizances and other surety obligations. ! ~
~.! That the By-law and the Authorization set forth above are true copies thereof and are now in full force 8tld effect. t~
jO.l INWITNESS WHER. EOF., this Power of Attomey h~ been su.bscrlbed by. '.an authorized officer or offIclaiofthe.Company8tld the. corporate seal of ~ I
-!I' Liberty Mutual Insurance Company hes been affixed thereto in Plymouth Meeting, Pennsylvenia thIs . 3rd day of Auaust . , == c
2005 c( co
s:s! o~
1 ~ UBERTY MUTUAL INSURANCE COMPANY 11
f: Bytj).-sr/A/. C/L~ ~!
C !Gamet W. Elliott, Assistant SecretaJy .!! c
ri.. COMMONWEALTH OF pr;:NNSYLVANIA ss = ~
liCOUNTYOFMONTGOMr;:RY .... . .. . . . .. . o~
t:.c .On. th.'S...arsL... .... da...... .Y. of ..Au. .ou.st.. .... .......... .,.2QQ5.. ,be. fore me, a. N... 0.. te. ry..Pub. IIC.., perso.. '. .nal.. .Iy. came. G.e me.' W. 10111911.. to. me.known,.and..... acknowledg.ed ~I
1-:. that he Is en AssIstant Secr~ofLlberty MutlJallnsurance Company; that he knows the88alofSald corporallon;andthat he executed the above ;g 01:
....! Power of Att0/'n8yand affixed CQipOrateseal 01 L1ber1yMutuallnsurance Company thereto WiIh the authority end at the direction of sald corporation. : 1
O. .... > .. ~. .. .... . . .... . . . . . c
i ~ IN TESTIMONYWH .. ... ... unto subscribed my ~eend.afllxed my notari~ ~eal at P!yrooutIl~eetlng, Pennsylvania, on the day and year 5 ~
l.ifirst above written. .47 O~Q~IN..i~.'.....".,,);, <~. .............~......... .... ..... "'.". tii.>()F..' ".Pe. >v.. ......................'.'.........'...~. ....'..............................................................'........ II.....................'.....'..'. .... . .... ..... '. E.~
of ... c" of: 'So . .... T"'=~~ . ............ .............. ~ :egj
zG ~llii>.~CooiitVBy . ...... .... ... . ...... . OQ
. ........:...~. ~~~Mor.~~ '..Ter. ~asteila, Notery PuilNc . u Cfi
~.. . ~~~.*" lIomlIOt.~_ot~ {!....
.'."'Rv~i: ... ............................. .> ...................... ......................... . .......
I, the llIldersigned, AsslBtan.. ... retaryof~rty Mutuallnsl!fiin~ Compa1iy, do hereby certify thatltlj original PQweri)f attorney of WIllen the foregoing
Is a full, true 8tldcorrect copy, is. In fV"fO~ and effect on~dlltfJQflt1lsll!trtiflcete; liIIlCIldo furthlir '(ieltify.. tl)8tth$OffIcer or ..()ffIcfaJ..WhO executed the
saldpower of altomeyls -" AssIstant SflC'retery spedalfyllii1hOiitlidbYtne chairman orthilpresidEintf!)apjioiritattomeys-ln-factas provided In Article
XIII. Section 5 olthe BY-laws of UbertyMutual1nsuranc..ComI>lll'lY. .. ... ..
This certifi!:ate. and the,' abovepoYierotattomey may be signed' by laeslmlleormechan~llyreprodUCed. s1gnatlJres ul'lcfer. aild by authority of the
following vote of the bOard of directoi:s ofUbflrty MutUalllIsurance Company eta rneetingduly celled and held on the 1~. day of Marcl'l. 1980.
VQTr;:l)thIltthe facsiniile or mechanlcelly reproduCed s1gnatlJre Of any assistant secreteryOf lf1e company, Wherever' appearing upon a
certified copy ~f arlY powerol attorney issuad by the company Inconnectlon with surely bonc:ls' shall be valid and bindlllg uPOl'l.the company
with th.. sem&"force ~effect astho\lgh manuallY atfiXed.. . .. .
29th day of
'"
r'
.~-_.__.-.-,,"h"~~r"~'''''''''''tl~?fJ!?''.C'' -~-.-.' :<''"'--'"''~''t'~""$'",,,.;,,",,,-,",,,",'''
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2005-356
Liberty Mutual Surety Bond Number 024022760
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the -Act"), this disclosure notice Is provided for surety bonds on
which one or more of the follOWIng companies Is the Issuing surety: liberty
Mutual Insurance Company; liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; liberty
Insurance Corporation; Employers Insurance Company of Wausau (fonnerfy
-EMPLOYERS INSURANCE OF WAUSAU A Mutual Company-); Peerfess
Insurance Company; and any other company that Is a part of or added to the
Liberty Mutual Group for which surety business Is underWrItten by liberty Mutual
Surety (referred to collectively hereinafter as the -'SSUing Sureties.).
NOTICE FORMS PART OF BOND
this notice fonns part of surety bonds Issued by anyone or more of the Issuing
Suret~s. .
OISCLOSlIRE OF PREMIUM
The premium attributable to any bond coverage for -acts of terrorlsmB as defined
In Section 102(1) of the Act Is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States WIll reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certJfied under the Act exceeding the
applicable surety deductible.
LMIC-6539
11/15/04
-,-.-~ '
-.
2005-356
BOND NO.: 024023100
PREMIUM: $100.00
FAITHFUL PERFORMANCE BOND
SUBDMSION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of Eighteen Thousand Eight
Hundred and 00/100 Dollars ($18,800.00), lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Subdivision Agreement with said Obligee, dated IJd:IW.v l~ l ~ . in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Monumentation Improvement
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and
obligations of said agreement on its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
Signed and sealed on August 29, 2005
KB HOME Greater Los Angeles Inc.
a Corporation
rty Mutual Insurance Company
By
~'~'-""'~"TR',""", -~"
2005-356
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me. Sheri McInturff. Notary Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity. and that by her signature on the instrument the person. or
entity upon behalf of which the person acted. executed the instrument.
WITNESSmyhandandofficta1seaL ~ ~1l-1... -, /
I Sheri McInturff ~
it. eom.~=123
Naay NIle . CalIIomIa I
lee AngeIea Cccnv
-Camm.--'Aug27.
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2005-356
State of California
County of Los Angeles
On AU2ust 29. 2005 before me, Martha A. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known- to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
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.
WITNESS my hand and official seal.
...... '"'. .,--~,~._.......---,...~...-,:.",;:w.r...".,,,,,,::,,,;~":,~,,,,,~
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MarthaA.Gonzales /
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-,- .
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2005-356
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Pow.rot Attorney 'knlw the acts oUho~n8medhereln,and they heveno allthOFltyto bind th.compeny except In the menn.r and to
the .xtent herein_led. . .
1791914
LIBERTY MUTUAL 'NSUIWICECOMPANY
BOS'rONjMASSACHU$ETTs
POWER Of: ATTO.FlNEY
" -"'" ,-- .. --', - - ..,.
,each imfIvidUllilylf therebe'lllQre.lti8n one~, its t~iI!'id'lawful attorn8y.Io'fect.tortT~e, ex~, seat.~eand.deliver, for and on its
behalf as surelY. . and.. as. Its.. '.al:l. arid. .....deed...~... '.' ..~. . ....and......~.~. [I..~. E. ......ngs.. ,bondS., rEIC:OjlI!.. ....Iianc8s. ..........w......... o. theI'. . ....$Ut. . ..... ~...obIIllalIori8. . ........ ...]t1......th8penal sum. . not exceeding
ONE HUNDRED MILUONAND ~ .... .' .... . ". . DOLLARS ($ 100.000.000.00...*:'. I each, and the
executlonof SUChuriderlaklnQll'IlorId8'l'llC<!Qnlzances 8/ld.other surety ()/;)llgailOns, Iilpii~()fthsse preS8l:ltS,ShaJI be as binding upon the
Company as if they had Ileen. dUly sig~tjythe president$nllatt8Sted by th8seCietary C)flhe Comj:Jallyln their own jlroper persons.
J
..
o
t.
.-: I By the following Instrument the chelrman or the president has authorized the offlcer.or other official named therein to appoint attomeys-in-faCl:
.Ii Pursuant to Article XIII, $ectJon5 of the By-Laws, Gamet W.Elilott, Assistant Secretary of Uberty MutUal Insurence Company, is hereby
J ~ authorized to appoint such attomeys-In-feet as may be neceSS8ry to act in behalf of ths Company to make, execute, seal, acknowledge and
i'! deliver as surety any and all undertakings, bonds, recognlzences and Other surety ObRgations. ~
~.! That the By-law and the Authorization setforth above are true copies thereof and are now in fullforce and effect. i
0- .'. . c
I... '. ~ IN WI.TNESS WHEREOF, this Power of .Attomey. has bee. nsubSCrlbed by ana. uthorlZ.ed offic. eror OfficlaJOf. the e Com~and the corporate seal of C
ii Liberty Mutuallnsunu1Ce Company has been affixed theretoin Plymouth Meeting, Pennsylvania this 3rd day of Auaust , ;:
:s 2005 <II
.~ ~
I.i UBERTY MUTUAL INSURANCe COMPANY I
i; Bye. .4y~ .'~:4. ~
C:I! Garnet W. Elliott, Assistan! Secretary :i:
!.-; COMMONWEALTH OF PENNSYLVANIA ss '::0
- COUNTY OF MONTGOMERY
.fj Onthis..3al.-.. day of . AuclIst . ..,~, beforeme, a Notary Publlc,personaJlyCllmfl Gamet W Elliott to me known, and acknowledged ~
a-:. that he Is an Assistant secr~Of Uberty Mutual Insurance Coo\pl!r)y; that hekl1OW$the seat of. said .CXll'PQr8llon;and that he eJCBc:uted ths above ;g
..II Power of Attomey and affIxedths c:orporlIteseat of UbElrty MuluaI,nsurenceCOl'I!Pfmy thereto WIth ths authority and at thedlrectkln of said corporation. ~
;! 'IN TESTIMO~Y WH e.. .' unto St.l~ribed fOY nlUTle.iII1<1l1fflxEldfOY notarlillSllal at PI~~t1ng,Pennsylvanla,on the day and year .s
ig first above wntten. $ o~O"'~~~",<('i ..:i'tiOf:~ii~<>iJi.... E
H .,," 0;\$" ... g~~c)~~ 1
..........~~<>I~ ~
",- ,- ".--.-- '-'" '-'. ,'--,"
.- , - '.- " -.- -- -.' -- - . .
. '. .
ARtiCLE Xiii -. Execution of cOOtraCts: Section 5, Surety BondSiInd Undertaklngs.
My officer of theCOnlpanyauthoriZed. for that pUrpose In. writing by !he~rman or ths president. and subject to SUCh limitations' as the
chairman or tha presiden!mey prescribe. shall appoint SUCh attomeys4n-fact, as may be necessary to act In behalf Of the. Company to make,
execute; seat. acki'IoWIedge and dallYer as surety.anyWall uridattakings.bonds,recognlz8nces and Qthsrsurety obligations. Such
attomeys-lf1Cfact. subject to the limitations setforthinthalr respectfve powers of altomey, shall have full Jl(lW8r toblndthsCOmpanyby their
signature and execution of any such Instruments and to atlach thereto the seal of the Company. When. 80 execUted such Instruments shall be
as binding as ifslgned by the president and attested by !he secretary.
-.
2005-356
liberty Mutual Surety Bond Number 024023100
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the -Act"), this disclosure notice Is provided for surety bonds on
which one or more of the following companies Is the issuing surety: liberty
Mutual Insurance Company; Uberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First LIberty Insurance Corporation; Uberty
Insurance Corporation; Employers Insurance Company of Wausau (fonnerfy
-EMPLOYERS INSURANCE OF WAUSAU A Mutual CompanY'); Peerfess
Insurance Company; and any other company that Is a part of or added to the
LIberty Mutual Group for which surety business Is underWrItten by liberty Mutual
Surety (referred to collectively hereinafter as the -'SSUing Sureties.).
NOTICE FORMS PART OF BOND
This notice fonns part of surety bonds issued by anyone or more of the Issuing
Sureties. .
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
In Section 102(1) of the Act Is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11115104
~
"OF
^ ^~-
2005-356
BOND NO.: 024023099
PREMIUM: $989.00
FAITHFUL PERFORMANCE BOND
SUBDMSION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of One Hundred Ninety Seven
Thousand Eight Hundred Two and 00/100 Dollan ($197,802.00), lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly
by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
^ entered into a Subdivision Agreement with said Obligee, dated ~ /1/ ~os- . in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Grading Improvement
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and
obligations of said agreement on its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
I
Signed and sealed on August 29, 2005
KB HOME Greater Los Angeles Inc.
a la^c rporation
SSAMAN
DIRECTOR.FORWARD PlANNING
Lib rty Mutual Insurance Company
By
2005-356
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me. Sheri Mcinturff, Notaxy Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity. and that by her signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. ~ 'rJu ~
Sheri McInturff
_ ..MClNMFF
....... .. COI\.NIiIoI..159112S
. Naby NIIIC . CCIIIfolna
laIAngIleI ~
. 1Ifeanm.....AugZ7.
~ ,.".P~ ,. ~~.~ ,,~w~ "w,p,"w~''''~'''~'~''''~'.'~>>''-T
2005-356
State of California
County of Los Angeles
On August 29, 2005 before me, Martha A. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
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.
WITNESS my hand and official seal.
"" '..~ ":;.Jus
,-:. ~..<.... .... .::\J
" ..-,^'''::'; ~7';':~.
~
/??2M4'1A.A
Martha A. Gonzales . ..
~.~. .~..~.. "~:""';~.:::~',7::'~~~"?~;;s~1
" ":,1.,-, ':-:;,l'ol~"",\l,,:,~~., :u
..~.,.: ,::.1l'2'h.n,,,, co
".~' : i.lL" Y ....
'. "!-._-;_",,~.'-r.""'C_~'C~ri-
-,- -
- -~," -~-c
.,---
2005-356
1791915
THIS POWER OF ATTORNEYIS,.OT VALI[) UN!.ESS IT IS PRINTED ON RED BAC~QROUND.
Thl. Power OfAttOrn~ IImltathe Kta Of. those named hllreln,.and.tMy MyenO autIlot~ -to bind the Company excil!pt In the manner and. to
the extent herein atatad. -
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THE$E PRESENTS: ThaI liberty MuJu& Insull;il1Ce Company (lhe 'Company"). a MassacI1usells stock Insurance
company, PUI8UlII)t tolll)d by8l.ltholityOf !he BY-lawandAuthorlzallorl hereinafter sel forth, doelI hereby name, COI18Iltute 'BOd. 8ppolnt
E.S.Al.SAEctIT,JR., C.l(.;.NAKAMUfIA,:USA L1lfORNT()N.MARIAPef.lA,MARlNAT~;SDWAADC.SPECTOR.
KDCONRAD,JOYcE..~~.~R..~~ALLpFTHEc:rrr.Or:~()$~.~S;$TAn: CALIFORNIA
t
.
.
!
.;
:I
By the following InslrUmenl the chairman or the presldenl has authorized theofflcer or other offlclal named therein to appoint atlomeys-In-fact: .a
. . ~
PUl'JIUlIntto ArtIc:leXIII. Section Sof the By-Laws. Gamet w. Elllotl.As$istant SecreteryOfUberty MUll.lallnsurance Cornpany, Is hereby i
authorized to appoint such attorneys-In-fact as ~y be necessary to act in behalf of.the Company to make. execute, seal. acknowledge llI1d c
~ I dellverassunity any llI1d all undertakings. bonds. recognizances and olhersurety obligations. j:.
; ~ That the By-law and the Authorization sel forth above we lrUe copies thereof llI1d are now In full force and effect. .. .' lfa
; ',' J IN WiTNESS WHEREOF; this Power of Attomey has been subscribed by an authorized officer or official of the Company and the corporate seal Of .;S &
r .iiUbertyMuJuaIlnsuranceCompanyhasbeanafflxedtheretolnPIyrnouthMeeting.PennsytvaniathisSrd . dayof. Auaust. . "=0
I :I 2005CC (i)
;:2 . 0" '
i ! LIBERTY MUTUAL INSURANCE COMPANY _ l! 1
.~ ~.
io /"l. . A 0 E
'v 8y/.- 4~"rt;7'L~ Doll
!. Gamet W. Elliott, Assistant Secretery .!2 8
ii. COM..' M..O NW....EAL.... tH.o. .F. p. E..N.NSYlV. ANIAss =. ....
Pe COUNTY OF MONTGOMERY 001
~.IOn.thiS...'~.". '.<fa. YOf. '.. Au.' ..!'/u......st.. '. '" ...... . ....~.. . . . before. me. .... '. aN.otery. Pub. lie. ,personaJ.. . .' Iy..came..... Ga... .f!1.. el.w.....E.1II0.tt .... to me.. known.., .. ~. and.. .... ecknowt.... .... ed. gild., .~. i
~ -:. that he Is an AssIstant ~. OfUberJy Mutu&1nSu1l;ll1Ce Company; thaI hel\nOwsthe seal Of saidcorporetioi1; and thatheellecuted .the .above i!
:.sPower Of Attorney andafllxed theCOQl<1rat& seal of liberty MlJIu8Ilnsurance. Company thereto with lhe. aUthority and al the direction Of.said C(lrpOretlon'J J
'11 .... .... .'. ..' . .' . ..' _ '.' . .... _ 0
!...=- IN TEST.I MONY WH....... . '.' '. W;....... .., . \JntoS~~~bedmy~am. _.... "~. and....._. :....:~....._ed._.. my. noterlal,~,:"",,:.,.'..lJ...... e. aI at p.IyrTlOUth.....::......_........ _...:...._.........._..........M _:.e... e.1irI....g............_._....p..e.....n.nsyIv.. ania. onlhe day and year ~ ;..
!~ '''--tr,'s\ .... ..=.:-'<"",,ii~~ ~j
· ~ ~~.(>..:.i!.'15.~ ......:;,"""" '-'..... j ~
..:~RV~:<J' : . ............ . .... .... .>..... ..........
. I, the uIldalSlgned.AssiStan... .' . teryOfUberty MlJIu8Il~\Ji8nce~ny;dQhereby.cEll'llfythat~~rlglnaJpoWetoiattorneyOfwhichthe foregoing
Isa. full. true andcorrllct copy,ls In fuli}(l~ai1deffect ()I1~da.Of~:cerlifk:ale;8I:1itI!lO furlherCertlfY:tl1iRl!i.~ or.offlclaJ' who executed the
said ~r.Ofattomey is an Asslstant ~tery $pel:laJIY authOi'jzectby~chairman otthe.presldeiifl()~atkimeys-in-facI as.~In.Artic:le
XIII. S8CtIon 50flhe By4aws ofUberJy MutIJallnsurance Company. .. '. .
ThiScertlfic8Je8ndtheabove power ofattomey rnaYbe$igned by ~cslmlleorll18Cl'lanlcally feprodlJclld ~JuresUllderand by authority Of lhe
following 'V()Je Of the. board of dir~:~Of Uberty MutuaJ InsurenceCompany at a meeting dulyc:aJ1ed and held onlhe 12th day Of March, 1980. ..
VOTED lhet thefacslmiieorrnecllaOically repro<fucedsignatIJraof anyasslstenl Secretery of thecornpany.whereverappeari~ upon a
certified copy Of any ~rOf attorney Issued by the cOmpany In.conn8Ctlon with suretybondsi shall be velld and lIindlnguponlhe ~y
wllhthesarne force llI)deffec! aSthOOgh manUallyafflxed. .. . ... . '. . . '.
29th
~ ~ ~~~o ~ Oo~ o,O~oOo~"
~C" ~
2005-356
liberty Mutual Surety Bond Number 024023099
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice Is provided for surety bonds on
which one or more of the following companies Is the issuing surety: LIberty
Mutual Insurance Company; LIberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Uberty
Insurance Corporation; Employers Insurance Company of Wausau (fonnerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company-); Peer1ess
Insurance Company; and any other company that Is a part of or added to the
Liberty Mutual Group for which surety business Is underWrItten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds Issued by anyone or more of the Issuing
Sur~~s. 0
DISCLOSlIRe OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
In Section 102(1) of the Act Is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
L~C-6539
11115104
, ,89/~/2885 14: 38
2005-356.
9898821141
~.
I<B HJME lti..AND
,.. ., "".
.. I '1XN'""'''i''---c~
PAGE 02
~.....
CERTIFICATE OF INSURANCE
D6DClMIlIl/'fV)
W3OI2CIOlI
PIlIClIlUC!R
A/1II RIIk .......... lNI. of SauIIlMI c.IIoI'IlIIl
1101 UIIn SIneI. SId "Illor
IN. CA ..,.
Tel No. 1M) 8lII:f3llD
"S\IIED
'nllCl!lmfICATlIS __Al"....~ ClI'IIlI'QIIMA'IICIlI ~\' ANDCOIIII1lS NO I'1QIfTS
UPGIIltII Cl!lmfllCAtt HOLDIIt TIll CIiIlTI'IOAK DOIll NOT ,...." ElCTIIlD OttALTIII
1HE CCMIIWII! AmIIlDID .., 1III.ouclIit.....
INSURERS AFFORDING COVI!RAGI!
1DIlfIIA;
Old ~..... Co, ar....llllug. PI>.
IC8 ~ Olu* L\Je AngIlD, hie. (!III)
801 CorIIar* e.lIIr DIIwe, ..' 20t
~. c:A 11181
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po
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lie: __ ,_
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.. _ .~_ " .::~" ":'t'\;'~i~,~,~l.<~~:~:{~I" .....:~.;~~;r~:. .......' . .:. OIl', " . ~ --:"... ;'1 . ~j~~~::,~t.):~.i:f5:.
GJtr........1Mll1lO i .~': ...u_fII '11II_ OAI ........ m.. 1III-'IIIt_
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, ,
","""""
, ,89/38/2885 14:38
2005-356
9898821141
KB HOME I"'-AND
POUCV NUMIY!R: IIWI'IfAI8f
COMMERCIAL ....ERAL UABlUTV
THIS ENDORSEMENT CHANGI8 THE POLICY. PLEAn READ IT CAREAJLLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
ThIs 8Nl0I'8IIlMIt modme.lnSUl'lnCe pnMdId under 1M fDIawIng:
COMMERCIAL GENsw' UABlU'TY COVERAGE PART
N... of p.,... .,0rpnIaIIII0II:
Cll1 ~ 15M ....ldino
. MunldPII Cloo..,....... ,
300 NorIIt .0" &net
SIn Blmlrdlno CA 92A1e.ooo1
C3NIlIf t.N114193
AI: Re: Tl'lICI141D4
Of no e'*Y ...... ..... lIIfIIllUIIan ........ ID ....... "* .......... ....... In ...
O..,*lftna _ 1,11.1..,.. lit II"- "l'a"'l'/MnLJ
WHO. AN 1.llIED (IIcIOft ft).........., fa...... _.............., .,~ Itn.... 1-- In
.. latt?1fo\ .......,.......... lit......,.... _~ .,...--" ....1lIt1nllmld br or far,...
8uch ......... .II.aftO!1l1M br........ ......., .....,.........., I........ lID ather IMtnncI
cle. '...rl18l.......... lie ......... lit ....... to. .....
Clmtr:
...... "-Wd:
....., Mo.:
ItaIIIr r-:
Old 1ltjlIllllic..... CD. of /3lUIIIIIIIII, p,.
lC.......GMIw I._~ hIo. (EMIl
IIN2Y88SH
1IS1/1OOlJ to 11130I20OI
CG 20 10 1111
Copyllllhl, '-lJeNillII Ollklt. Il1o., 111t4
"'~~" "",--"
PAGE 83
89/38/2885 14:38
2005-356
9898821141
,,-.
KB I-01E lloLAND
=,.".o~__ '1':"1
PAGE 84
DAti NiI/lIIW'tVl
.cUt ... CERTIFICATE OF PROPERTY INSURANCE 8/3Ol200S
PllOlIUCIII 'nil ClW'rlllCATI . ISSUED AI A MAT1!Il Of ....,.TJON ON.Y
/lie c::oN'IM NO lIIGHTS UPON TM& CIldW'lCAlI tlOLDEl'L ne
AIIn Rille -.....-. IIlc. fill"""'" c....... ClJnlllCATI DOlI NOT AMBm, ElCTIND OR ALTIIl THE COVERAGt
tlOt ....... 3Rt FlDclr AFFOIlDlO IV TMI POLICES -.ow.
1NIne. CA 12114 COW"... AfFO_ CCWIMCIE
TII NIl. (114ft IlII-UIIO t::OWM't
A Uov* <I LcIlIdon
INIUIBI CIllNPMY
.
lea.... GNIII1L1lt~. Inc. (eat) COWNI't
101 ClIIIMINI8 c..... DIIue. lItI. 201 0
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~
T_ . 10 IlUTI'Y TMAT 'nil ...... Of ,..,. ... __ ..,. ... __ 10 TIll - - AIOVI POll T111I'Ol.lOY .....
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~l1I...y. __ "MY""'" 1IlI_.v- MIlO iL . "till ~ Dllamlllf ........-r 10 IlI.L TIll,....
1UlllI....,. ~OII'IUCHI'OLIClIa.~--...y """"__- MaIlMlllL
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WIOIOf.... 11I1200& 3M12OO7
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_.......... R1N". . "IIlC.lQIL. _ "-'r. -. _ c-llC~ ....I'IIIDlI\ZIIIlI "l:'" VA'ftlI.JIIMKIlM., WInlIIIanll. __ -- F1IMI:
a VA1'OUI1_".
oeu.ili=.ATE..JoIOLDElf " CANc;EL'LATlON IbOiptsu. .......;.an.p~.. '.' .' . ..
, ',. M .... 'M'.'" .,,", r
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air uI SIn 8eINrdInD IIlNlATIQII DATI! ,...... T" __ CCIM'llIl't IMLI. .....\101I 'III lMIL
m!f:;::'ft WIImIN NOnCI 'III 1tII ~11I1tl1U18l NA.- 10 'lilt
. MuniolpII Carpol*" . '....UIIli 'III MIL -:=" ca:.rc- IMML II'OIIItO llILIGATlON OR
3DO NoIth "0" SbetII LIAMITV OJ N/fIIIDID UPON 'ntI 'N/fII. In _. qllII.......,-A'IIWS.
San 8ImIrditD CA Ut18-OQ01 j1U1IllI__ .dU.1M(1ri.~) fIAIMJf:;
ACOIlD 24 111151
. ACOIlD CORPOIlATlON 1811
. ..0..~/3~/2l!ll!l5 14: 3l!l
9l!l98l!l21141
KB HJIE IN...AND
'," ...._.~~-
PAGE l!l5
2005-356
POlley NUMBERS: WBOSOS246
THIS ENDORSEMENt CllANGIS TIm POUCY. PLEASE READ IT CAUPULLY.
LOSS PAYABLE PROVISIONS
TbIs IIIlIaaemmlI modifia lD~ pmiIW -- dw faI1oWilI:
BUILDING AND PIlllSONAL PROI'IRTY COVlllW3l! FOltM
BUILDERS' aJIX COVDAOB JIORM
CONDOMINIUM ASIOCtA'J1ON COVUAGE'OItM
CONDOMINJUM COMMBaCJA1. UNIT-oWNIU COVlllAGB FORM
STANDARD PJ.OPI!ItTY POLICY
SCHEDULi
Pnm BIdI OIIIa'lptlollOr PftIpIltJ
. No. . No.
..... ,.. (N1IIlC " ........)
Loll
..,...
XXXX
PtMIaioIII A~'
lMlIItr'. .... CclllIrIc:I of
Pa1abIt Sale
Re: TrMtt'" ~......._...
. II 'elf.1 c.,..11Il
_ NtrtII .... ......
SU......., CA !l2A1.....
A. WhtrI... ~ ielltllChtd to....
ST ANDAID ItOPDTY POLICY CP 0099"
1Inl CownIe hit In thII oodaneIaut It rtpIIctd
by IIw .... Policy.
The ftJUOWIaI- ..-s to die LOSS PAYMENT Lou
CoadidGn. .IndiCltllclIn lht DtdtnIiclIII ar by 1ft ..X" ill
.. SchtdIdt:
8. LOSSPAYABU
Par CMond PlvpIrty ill'" boIb ,au_a Lola
,.,.. __ID.. SWduIeor In die Dee.....
Mw . ...10 h\terIIt, WI will:
1. AdjllllIossa wId1 JVIIi -'
Cf' 1211 D7 ..
ee"tI....ISOCtt.-1 .......11...... ....INt \,..,
....ICII2
'. Rl9/3@/:l~05 14: 30
, 2005-356
9098021141
2. Pay III)' cIIim for loa or cIImI8C jointly to )'011
8Dd the Loll"'" 15 Inrcsts may 1pIItII'.
C. LBNDBll'S LOSS PAYABLE
I. the Loa PayM ahowIIln 1M SUlHt or In 1he
DecIltMioM I. a cndiIor (_l1IdlIIa \l'6.11 r
holder or"') with wit-. yeti haw tIltInd I
CCIlIIlrIOt Cor'" ..10 orCavlled PnIpar\y, ....
iaIIreat lD.1hIl Cownd Pnlpeny Is IIIIblilllld
by IlIdI wrIUIII CGlllI'IlllII15;
.. WuIIlouIe nceipIa;
b. It &;OIIWICt far cIocd;
Co Billa of lacUna; or
d. FIDancia& "",1IlIII.
2. For CoV8Nd PropeIty In wbicll bod! )'OIIlIld a
Loll PaY" haYc IIllMarablc iDtemt;
a. We wiD ply tlrcovcrcd 10M fit...... to
eMII Loa Pa)'Ie ill IIIoIr order of
JlfCCCV-, .. i/MCIUIII may .......
b. Tbe Lou Payee _lhIripllO _lYe loa
peyrlIIIlt CVlIIIlf the LoIs ,.,. .... ...,..s
ftndosurc fltllmilll' ~Ion on tbe CovetwcI
Propel\)'.
c, If. deny)'Olll' cIIim .... ol)'Oar1llll
or bccauIe you bavt ttlIIcIto eompIy""
the IImI5 oflhe eo".. Pad, tIIo Loll
Payeo wlllltill hPl tbt rf&ht to receive Iou
pa)'IIICIlt Irthe Loll PI)'eC:
(1) P~ III)' pnIIlilll1l due under thil
C~ PIn III 1M requcsllf)DII1Ine
fai\ed to do so;
(2) Sutlmits ulped, awom JIIOOCoflOll
within 60 clays aftIr rocciYIna nDlioc:
&om III of)'Ollf fIIIIIft 10 do 10; IIIId
(3) Has nodfled III of.y'" III
OWDel'Ihip, 0CC1IpIIIeY fit subltaalial
dIaII&O In risk llnowIIlO lhe Lau Payee.
All ofthc IIeIllII oftIIiJ CowfIp PIft wlU
thco tlpp\y dIractIy 10 lhe IAA .....
.. IIwc pay die LoIII'II)'llI1or lAY ... or
..... 8IllI dilly pa)'lMIIt 10 you becalIII of
'JOVI1ClI fit bIcIuIe )'011 haw filled to
comply wkh lhI.- ofllria CoY.,. Pan:
(I) Tho Loll Pll)'W 'uiahW wHI be
11..........1 to 111I110 die atoac orlhe
IIIIount we pay; 8IllI
(2) The LoIII'ayee'. rltbtllO recover lhe
ftalll111W11t orlllo Loll..... cIIial
wft1 noc be 1mpIlrod.
, .
~,.'. ,,~ _,m "vr'r"""'W~~"
KB I-DlE IN..AND
PAGE 06
At. our optiolI, .. may pay to the Lou
...,.1110 wIIoIe principII_ the debt
pllll_ 1CCNId..... fa dlII8YCIJC,
you will payJllUl'~Mtto III.
3. If. CIIICOI thIJ policy, .. wID pve writtID
IlGIicI to the Loll PI,yCe lIllllat
.. 10 dayI betbre the eftlIaivc dIIe of
~UItIOO If we CIlICeII'or YllIIIf nllll-
pI)IIMftIo'~m;VI'
b. 30 .,. bttbrc tile dlIclti'YI eWe pf
CIIlCIIItdoA If_ _I for Ill)' ok
reason.
4. IfM do IICll reaew thla po&y, .. wlU live
written llOtill to Iht Loll ,.,... IIIIt 10 dI)w
befb1t the expInIIon data of 1111 policy.
D, CONTRACT OF SALE
I. The Lou ~ sIunID in .... ScbIdDIe VI' In the
DecIa'au- II . penolI VI' v....... )'011
haw entend . CGnD'Id with far tbe .... of
CoVll'lcl Properly.
:Z. For Covaecl ~ ill wbich boCb ~.. the
Loll ,.,. hIwe an iDIurIble ID.ttIwt WIt will:
.. Acljlllllones witll )Olf, IIIcI
b. 1'17 .." claim for Iou or....joimIy 10
JOII lad the Lola I'ayeo, . iIIterIIlS may
appeli'.
3. lilt IbI10wlna II addId 10 .. 0THEll
INSURANCE CoudItiOll:
FfltCcnieNd Property_ is the IIIbjector,
~ Ilrlllc, the word "'IfN" iDcIuclu tho
Loll Payee.
CP 121101.
CeIlJdIIIc.ISOC--W 11*..... .....\..191'7
'-2 al2