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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-527 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Ullkema NOES- None ABSENT: None' ABSTAIN: None I ESOT, qjp NO. 2005 527 SUBJECT: Amending Subdivision Agreement and Approving the Third Extension of the Subdivision Agreement for Subdivision 92-07737, Bay Point area. (District V) The following substitute security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with KB Home North Bay,Inc. as principal in the form of a corporate surety bond (Bond No. 929358073)dated July 21,2005,and issued by The Continental Insurance Company in the amount of$394,044.00 for faithful performance and $197,022.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on July 12, 1994, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the previous surety bonds with American Casualty Co.of Reading, PA(Bond no. 900844278,dated June 23, 1994)and The American Insurance Company(Bond no. 11127254743 dated June 23, 1994) which are now hereby exonerated; KD:rm G:\crpData\Engsvc\Bo\2005\08-16\SD 92-07737 Bo-I l.doc Originator: Public Works(ES) Contact. S.Gospodcbikov (313-2316) 1 hereby certify that this is a true and correct copy of an action taken cc: Public Works—T.Bell,Construction and entered on the minutes of the Board of Supervisors on the date -Accounting Shown. Current Planning,Community Development County Council AUGUST 16 2005 T-November 9,2005 ATTESTED; KB Horne Northl Center Parkway,#200 Inc. Ko 6700 KollCenuJOHN SWEETEN, Clerk of the Board of Supervisors and County Pleasanton,CA 94566 Administrator The Continental Insurance'Company 5820 Canoga Ave.,Suite 200 Woodland;Hills,CA 91367 American Casualty Company of Reading,PA 3530 Wilslvre Blvd. By ,Deputy Los Angeles,CA 90010 The American Insurance Company P.O.Box 1975 Santa Ana,CA 92702 RESOLUTION NO.2005/ 527 SUBJECT: Amending Subdivision Agreement and Approving the Third Extension of the Subdivision Agreement for Subdivision 92-07737,Bay Point area.. (District V) DATE: August 16, 2005 PAGE: 2 The Public Warks Directorhaving recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Kaufman and Broad of Northern`California,Inc.and the County for construction of certain improvements'in Subdivision 92- 07737, in the Bay Point area,through February9,2006; APPROXIMATE PERCENTAGE OF"WORK COMPLETE. 95% ANTICIPATED DATE OF COMPLETION: December 9, 2005 ♦ REASON FOR EXTENSION: Improvements are not complete. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works- Director is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/527 SUBDIVIRON AGREEMENT EXTENSION Contra Costa Development Number: SD9207737 Subdivision Developer: KB Home North Bay,Inca Original Agreement Dater July 12, 1994 ecuri T)me Security Amount Improvement Cash: $15,375.00(1% cash,$1,000 Min.) Security Bond: $394,044.00(Performance) $197,022.00(Labor&Material) Bond No.(Date): 929358073(7-21-05) Surety: The Continental insurance Company 3rd Extension-New Termination: February 9 2006' This Developer and Surety or Financial Institution desire this Subdivision Agreement to be extended through the above date; and Contra Costa County and said Surety or Financial Institution hereby agree thereto and acknowledge same. Dated: Dated: Q1,bj 27 CONTRA COSTA COUNTY Maurice M. Shiu,Public Works Director Developer Signa PAUL MEDEIROS4AS 07 By: -'' open's Signature RECOMMENDED FOR.APPROVAL: � Print`s 6700 Koll Center Parkway, #200 B �` �w' ______ 566 3'• Pleasanton, CA 94 Engineering Serukes Division Address FORM APPROVED: The Continental Insurance Company Silvan B.Marchesi, County Counsel Surety or Financial Institution 5820 Canoe Ave. , Suite 200 (N.B.: Developer's Surety's and Financial Institution's Woodland Hills, CA 91367 Signatures must be Notarized.) s Attorney in Facts Signature Maria Pena, Attorney-in-Fact Printed xa r,-. r l)ata18ng5uc1Kmn200S077uly17737Ag31_1.doc After Approval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of l Q t T or i�1 a OPTIONAL SECTION County o€ Ck`n(-(CCL— CAPACITY CLAIMED BY SIGNER On,_�' l 1_),"?,.before me, >Q i P �h 1 i Lm 1,1 ��Y13 I x l C , Though statute does not require the Notary to fill in .D'ATE C N ,TITLE OF OFFICER E.G.,"JANE DOE,NAY PUBLIC" the data below,doing so may prove invaluable to personally appeared r:)`J persons relying on the document. NAMES)OF SIGNER(s) 0 INDIVIDUAL B personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) bscribed to the within instrument and P�1t1Y acknowledged to me that he/she/they executed 0 PARTNER(S) D LIMITED I same in his/her/their authorized GEl1 iItIIWtS�i 1>�'t3131 o GENERAL' apaciry{ies},and that by'hisfier/theiC ❑ ATTORNEY-IN-FACT ignature(s)on the instrument the person(s)or 0 TRUSTEE(S) the entity upon behalf of which the persons) 0 GUARDIAN/CONSERVATOR W 0_acted,executed the instrument. 0 OTHER: WITH SS y hon and official seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(TES)1 SIUNAOF NOTARY I t OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT: Number of Pages Thounh,the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form, INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents: Signatures required on documents must comply with,the following to be acceptable to Contra Costa County. i. FOR ALL SIGNATURES -'The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed': II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNAT14K S FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUT' 1.' (a))The Chair of the Board {b)The President {c))Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant'Treasurer I€signatures of officers from each of the above two groups do not;appear on the instrument, a.certified copy of a resolution of the Board of Directors authorizingthe person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and aelmowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of Its Board of Directors." JC:mw \\PWS4\SRARDATA\GraDam\EngSvc\Forma\W,DRD FORMS ALL PURPOSE NOTARY.doc RIE%,«JSG t#�t1,20GI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Onrnl SS. On 7V)U L7t7 C before me, "J Dataa and TtUe of officer(e.g.,"Jane Doe,Notary Public") personally appeared Ve _ Z CCK.. Names)of Signer(s) [S ersonaliy known to me WWWAGAAANND proved to me on the basis of satisfactory evidence MUM proved be the person(s)whose names)>is/are subscribed AWNWO Courty to the within instrument and acknowledged to me that Ct.iUct3Q 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. my hand and (ficial seal Piece Notary Seal Above Signature of s Pu61tc oprranrac Though the information below is not required by law,it may prove valuable to persons relying on the document and could,preventfraudulent removal and reattachment of this foram to another document, Description of Attached Document Title'or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(es)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Titie(s): ❑ Partner ❑ Limited ❑General ❑ Partner-❑ Limited ❑ Genera! r ❑ Attorney'in Fact Top of thumb'here I7 Attorney in Fact EJ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: I Signer is Representing: Signer is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91373.2402 Nem No.5907 Reorder:Call Toll-Free 1-800.876-8827`' k ; State of California County of twos Angeles On July 27, 2005 before me, Joke M Herrin, Notary Public, personally appeared Maria Pena, 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 the entity upon behalf of which the person acted, executed the instrument.) WITNESS my hand and official seal. JJoYCEM.HEN� X y+ COMM,#1323£x95 X NOTARY PUBLIC-GALIfDRN1A X LDS ANGELES COUNTY oyce M. Herrin My Comm.Exa ire5 Oct.4.2005 ' POWER OF ATTORNEY APPOINTING MIV.II3UAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companiee),ate duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Maria Pena, Edward;C Spector, Lisa L Thornton, Tracy Aston, C K Nakamura, E S Albrecht,Jr, Tom Branigan, Clarice Lee,Marina..Tapia,Joyce Herrin,Individually of Las Angeles,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds,undertakings and other obligatory instruments of,similar nature w In Unlimited Amounts' and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This power of Attorney is;made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Senior Vice president and their corporate seals to be hereto affixed on this 13th day of April,2004. ►.errs The C{nt:inantal Insurarice Co '� r�'•' °" *a""�.!,r Firemen's'b1s==Co $ Y Company of Newark,New Jersey Michael Gengler or a President State of Illinois,County of Cook,ss: On this 13th day of April,2004,before me personally came Michael Gensler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois,that he is a Senior Vice president of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. t3FFlw Z 81 1l. Et.i7A PRIG s � ecr�r ruwo,srraer��+oec rrapi� :e�nrpa My Commission Expires September 17,2006Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribi"lcawskis,Assistarit'Secretary of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Mersey corporation do hereby certify that the power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 27th day of_ July 2005 y��•�'{'�'Wii`• t,+critxr The Continental Insurance Corripany *s'#F� •'�s �4J4+"'w..•.•.,,ISP ..'Y 1. Firemen's Insurance Company of Newark,New Jersey t rg# it N�'"�rM11fN��'r.. Mary A. fico .s Assistant'Secretary Form F6850-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the I3q'day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship; and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached:" ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13*day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship; and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each of any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to anybond,undertaking or contract of suretyship to which it is attached." in..comes with the'Urrariam Risk-InsurAnoe Act:of 2M ,we wroproviding-this dkicaure,notim formore 6f the Writing panwes idaotified'belaw tolhe surety or imarar. To rin *- -tai bot s-.1axit� i suu + t � �ti� :azy mo or aomdthalabming ca p$nloal, the t .. � ► � R, �► fAt �a ,y-,Of � atbibu*WI Lam' The UUwa SU&Mwm"Y new percent(OW of.00vared telmorim lomew ing Subdivision:—jMCT 7737 Bond No: 22935 QZ5 Premium: IMPROVEMENT SECURITY BOND l DR SUBDIV BIO AGR EfU1F3�!f (Per(ormance,Guarantee and Payment) (California Government Code§§w49"6499.10) 1. M.I't�at.Q S Bt I tVi �,A R EMM:Princlpars predecessor,Kaufmanend Broad of Northam California, lnc.,l has executed an agreement,with the:County,effective July 12, 1994,to install and pay for street, drainage and other improvements In Subdivision IR607727 as spaded In the Subdivision Agreement,and to complete said work within the time specified for completion In the Subdivision Agreement,all in aoc rdance with State and local laws and rulings thereunder In order to satisfy conditions for tiling of`a Final Map or Parcel Map for said Subdivision. 2. OBLIQ& K8-HQME NORTH BAY INC as Principal, and PiE C:ONTIltitEN-TAL � l E COMPANY ,a corporation organized and e*ting under the laws of the State ofw ,fir p, ire..,,and auk to trent surety business in Callfornla,as Surety,hereby jok*and severally bind ewes,our heirs, executors,administrators,successors and assigns,to the County of Contra Costa,Cade to pay it: {A Performance and Guarantee} r µ Dollars {�144.OQ for Itself or any city-assignee under the above County Subdivision Agroamem secure the cialhis to which MWence Is made lis Title XV(commencing with Section 30132)of Part 4 of Division Ili of the Civil Code of the State of California. 3. I i3Cl N: This obligation Is subject to the condition set forth on the reverse side hereof: SIGNED AND SE&EQ ON July 21, 2005 Principal: XS HOME N0RTN BAY INC. Surety:THE CCjMkL tNBURAN9 CQMP NX Address: 004tot CenkpfjdgW,#2ti0 Address., .0820 Can og ve,,Sate 20t City P Zip:. 94tafi4 City: ;w%Wftnd H1I1s,CA Zip: 9 By: Ps1nt Name: Is Print Name: Maria Bana 'Gibe: � ��" Title: Attorney–in–Fact 'ik**#**A'CAM'MnkF^1FMeAt*,if'k*MM*iY"Mf#Yk1t*'t'f*fk**Ykfti**Of1Alf*Me**t*k't*#t!!rR'A*kflMvkf*k*f#fIr'k'N`f'F*'k1Y'4fMMe*N'kffA'k'k'i*f*fbfYk*f W1kR'k*'k1Mfv4l1F7evk4W** (This area for official notery flags'.All signatures must be properly notarized In accordance with Civil Code section 1180. The names and Cities of the people signing the document must be listed on the rotary flag.) M 3. CONDITION. A. The condition of this obligation as to Section(2.A.)above Is such that if the above bonded principal,or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions In the said agreement and any alteration thereof made as therein provided,on It or its pert,to be kept and performed at the time and In the manner therein specified and in all respects according to their true intent and meaning and shall Indemnify and am-harmless'the County of Contra Costa(or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shalt be Included costs and reasonable expenses and fees, including reasonable atiomey's fees;incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,all to be tam as costs and included in any judgment rendered. B. The condition of this obligation as to Section 2;(B)above,is such that sold Princlpat and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,tratedaimen and other personsemployed in the performance of the aforesaid agreement and referred to In the aforesaid Civil Code,for materials famished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,In suit is brought upon this bond,will pay,In addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,Incurred by the County of Contra Costa;(or city ssslgnes�In successfully enforcing such obligation,to be awarded and fixed by the court, all 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-corpom ions-enti+tied4o-#ile4lairrsc.under-T--ifie`'t54commer ting-Wth Se► g aa-3082) .Part4 of Division._ 3 of the Civil Code,so as to give a right of action to therm or their assigns in any suit brought upon this bond. Should the conditions of this bond be fully performed than this obligation shall become null and void,otherwise It shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surely from liability on this bond; and consent is;hereby given to make such alterations without further notice to or consent by Surety;and the Surety; hereby waives the provisions of California Civil Code Section 2819 and holds itself bund without regard to and Independently of any action against Principal whenever taken, D. Notwithstanding any provision herein to the contrary, the obligations secured by this Improvement Security Bond for Subdivision Agreement shall apply only to the work under the Subdivision;Agreement set forth In Exhibit 1 to the March 23,2006,Settlement Agreementand Mutual Release of Claims In the matters of Contra Costa County v.Kaufman and Broad of Northern California,Inc,of at,Contra Costa County Superior Court Case No. CO2-011379,and Kaufman and Broad Name Corporation,of al.v.E.I.din Pont do Nemours&Company,of at.,Contra Costa County Superior Court Case No CW02197, a copy of which Is attached hereto and Incorporated herein by reference. t�auu wcd 1 f i _sOM w CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ���p'I'rifi 1 On `Tt Au before me, Date � Name d e of Officer(e.g.,"Jane Doe,Notary Public") � personally appeared 2 Name(s)of'Signer(s) -4�1personally known to me �11�!l &"" El proved to me on the basis of satisfactory evidence 1=134to be the person(s)whose name(s) is/are subscribed Nofic�ry Abk � to the within instrument and acknowledged to me that Alcmedo County he/she/they executed the same in his/her/their WCOMM.ExpUe 00,30,,2tX8 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, CPATTY"MMM anrmt •15 134 executed the instrument. WWF`' AIMM&W COW" 30� ESS my hand and official seal. Place Notary Seat Above ' Signature of Not Pubfic 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`' Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer--Tale(s): ❑ Corporate Officer--Title(s): ❑ Partner—❑Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact Top of thumb'here ❑ Attorney in Fact ' y Top of thumb here ❑ ...Trustee' ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other. Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Tali-Free 1-800.876-5827 � NIAALL= OSEACKNOWLEDGMENT State of California County of Los Angeles On July' 21, 2005 before me, Tracy Aston, Notary Public, personally appeared Maria Pena 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 capadty(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. tort tmtb8b #1417626 Lot� � a P .7ceMc tC � Tracy Aston POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By Then Presents,That The Continental Insurance Company,a South Carolina corporation,and Firet n's insurance Company of Nevrark,New Jersey,a Now Jersey corporation(herein called"the CIC Companies'),are dilly organized and existing corporations having their principal officesin the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby snake,constitute and appoint Maria Pena, Edward C Spector, Lisa L Thornton, Tracy Aston, C:R Nakamura, E S Albrecht, Jr, Tom Branigan Clarice Lee,Marina Tapia,Joyce Herrin,Individually of Los Angeles,CA,their true and lawful Attotiiey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This rower of Attorney is trade and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. to Witness Whereof,the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 13th day of April,2004. » ;�•'�, sxr The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey t r Michael Gengler Senior ce President State of Illinois,County of Cook,ss: On this 13th day of April,'2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;#hat he is a Senior Vice President of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed the above instrument,that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. mow. tiFF1C#AL SEAT • iwUZl1'PrttCt~ ' a� �n�uer►ua�,srnrnte oo wNaa w�owes:�nr� My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE L Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,'a South Caroline corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is skill in force,and further certify that the By.I.Aw and Resolution of the Board of Directors of the corporations printed-on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 21st day of July 2005 'JU •• PUY The Continental Insurance Company 48 .•` S ••, �"'' ' "'ti Firemen's Insurance Company of Newark New Jersey Mary A.Rt"fjkis' Assistant Secretary Form F6850-11/2001 Authorizing-By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13"'day of January,1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship; and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." ADOPTED BY THE BOARD OF DIRECTORS OF FIRE MEN'S:INSURANCE COMPANY OF NEWARK.,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by theauthorityof the following Resolution adopted by Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the I3"'day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship; and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each of any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to anybond,undertaking or contract of suretyship to which it is attached." :. :, L Subdivision: 7737 Bond No.: u Premium IMPROVEMENT SECURITY BOND FQR SL}BDIVISION AGREEIVIENT (Performance,Guarantee and Payment) (California Government Code%6649"6499.10) 1. RRC F St BDIV(5ig d AMS EM NT. Principal's predecessor,Kaufman and Broad of Northern California, Inc,, has executed an agreement with the County,effective July 12,-9994,to install and pay for street, drainage and other Improvements In St xIIvision JBACT_7ZV ,,as specified in the Subdivision Agreement,and to complete said work within the time specified for completion In the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a Final Map or Parcel Map for said Subdivision. 2. OB GA?`ION: 613 HQM N_08JH BAY INC. as Principal, and THIS COtV't•W NTAL JUSU M PANT ,a ccrrpora9of s organized and existing under the laws of the State a cif IVa Hsrnrst�N- ,and authorized to transact surety business in California,as Surety,hereby jointly and severalty bind ourselves,our heirs, executors,administrators,successors and assigns,to the County of Contra Costa,California to pay It: (A. Performance and Guarantee) . TbMe Mdm I netvfEgUrlb2gsa Fort3r Fo9r _, Dollars ( $394,044.017; )for Itself or any city-assignee under the above County Subdivision Agreement'' (B.-Payment) s nd T -� -Dollars(-&J 97 022 } to secure the claims to which reference is made in Title XV(commencing with Section 31382)of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: This obligation is subject to the conditionset forth on the reverse side hereof: SIgNgD AND$g1f.EQ ON my 21, 200 Principal: KB.HOME NORTH::BAY 1PIG. Surety:THE C{3NT•INENTAL INSURANCE QCm MPANY Address: 6700'Koll Center Pgd=v.#200; Address: 5820 Canoga Me-Suits 200 City: Pleasankn.CA _ Zip: 94566 City: Woog nd Hikls,CA Zip: 91367 By: By: Print blame: Print Name: Maria Sena Title: Title: Attorney-in-Fact wrrrw+rte+tx+irw+ra#rettttrwrxrttk-k+twirtttx++kw+rtrw,kttrttttt,tt,era+.rtr;t,e++tk+t:etrtrwwtrvnM+wr+ht+frrrrir-kw+r+irattAi.wtrterrktrtt+k#r*riwwtrw►r (This area foroff ficial notary flags. All signatures must be properly notarized in accordance with Civil Code section 1180. The names and titles of the people signing the document roust be listed on the notary flag.) 3. CONDITION, A. The condition of this obligation as to Section(2.A.)above Is such that If the above bonded principal,or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perforin the covenants,conditions and provisions In the said agreement and any alteration .thereof made as therein provided,on It or its part,to be kept and performed at the tlme and in the manner therein specified and in all respects according to their true intent and meaning and shall Indemnify and save harmless the County of Contra Costa(or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain In full force and effect. As part of the obligation secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, Including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,all to be taxed as costs and included In any Judgment rendered. B. The condition of this obligation as to Section 2.(B)above,is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra'Costa and all contractors, subcontractors,laborers,materiaimen and other persons employed in the performance of the aforesaid agreement and referrer)to In the aforesaid Civil Code; for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work at labor and that said surety will pay the sante in an amount not exceeding the amount herein above set forth and also,in case suit is brought upon this bond,will pay,In addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,Incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,to be awarded and fixed by the court, all 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, companles and.corporations entitled-to-file claims under Title 18(commencing with Section 3082)of Part'4 of 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. Should the conditions of this bond be fully performed then this obligation shall become null and void,otherwise It shall be and remain in full force and effect, C. No atteration of said subdivision agreement or;any plan or specification;of said work agreed to by the Principal and the County of Contra Costs(or city assignee)shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety;and the Surety hereby waives^the provisions of California Civil Code Section 2819 and holds'Itself bound without regard to and Independently of any action against Principal whenever taken. D. Notwithstanding any provision herein to the contrary, the obligations secured by this Improvement Security Bond for Subdivision Agreement shall apply only to the work under the Subdivision Agreement set forth in Exhibit 1 to the March 23,2006,Settlement Agreement and Mutual Release of Claims In the matters of Contra Costa County v.Kaufman and Broad of Northern California,Inc.,of at.,Contra Costa County Superior Court Case No.. 002.01979,and Kaufman and Broad Hume Corporation,et al.v E.l,du Pont de Nemours&Company,et eel.,Contra Costa County Superior Court Case No. C99-02197, a copy of which is attached hereto and Incorporated herein by reference. M.,%ItigaUonWAMConhac€$WOAtond.wod - ':r.z:::3;p;:.::::yui:Yiz;:y:'i•...auk:Y:::y:::;A::ih::i i:z:.a:i::P•::x:3:gp.a•:.