EXHIBIT A
EXHIBIT B
BOND ESTIMATE:
for City of Bakersfield Date:
TRACT NO. 7213 • Phase 3 Job No:
12/15/2025
3115
lgh/fp2
Item No. Item Description
Miscellaneous
36. Public Block Wall
TOTAL IMPROVEMENTS
20 % CONTINGENCY
TOTAL
Qty Unit
571 If
Unit$ Item$
Prepared By:
% Complete Remaining
$130.00 $74,230 $74,230 -------,s=-
u
-:-b....,.to""'t,...a=-1 ----::$""7�4-=,2-=-30=-
$1,523,056
$304,611
$1,827,667
$1,032,307
$206,461
ENFORCEMENT 15% OR $15,000 MAX (IF BOND)
$1,238,768
$15,000
Faithful Performance Bond Amount $1,253,768
Labor & Materials Bond Amount $921,334
The Minimum Amount for a Letter of Credit or Cash is ! $1,238,768! 10% Warranty Bond Amount $184,267
10% Warranty Letter of Credit or Cash Amount $182,767
NOTES: 1. This is a Bond Estimate only and not to be used for pay or any other purpose.
Prepared by Porter & Associates, Inc.
4733 Centennial Plaza Way, Suite A
Bakersfield, CA 93312
Page2 FIie: Tract 7213-3_Bond Eslimate.xlsx
EXHIBIT B
TYPE OF
SECURITY
WHEN
REQUIRED
AMOUNT OF
SECURITY
DATE OF
RELEASE/
REDUCTION
Required Security
Performance
Labor & Materials/
Payment
When Applicant submits executed Agreement When Applicant and final map to City for approval submits executed
100% of the total estimated cost of the
Improvements as reflected in the Engineer's
Estimate attached hereto as Exhibit B and
incorporated herein by reference ("Engineer's
Estimate")
Within 30 days after City records a NOC of the
Improvements; but, if City discovers that
Applicant performed defective work or labor or
furnished defective materials in completing the
Improvements or Applicant damages the
Improvements after City records the NOC, the
Security will be released only after Applicant has
repaired or replaced the defective or damaged
Improvements to City's satisfaction.
When submitted to City, the Performance
Security, on its face, must be effective for no
fewer than 18 months after the Effective Date of
this Agreement and subject to the requirements
of this section. City may, in its sole discretion,
authorize a reduction of the face value of the
Performance Security, if requested by Applicant,
once the Improvements are sufficiently
completed to make them operational and
usable as a public improvement. If the
reduction is authorized, City will use the
Engineer's Estimate to determine the amount of
the reduction based on the portion of the
Improvements completed; but, in no case, will
City authorize a reduction of the face value of
the Security below 50% of the originally required
amount.
Agreement and final
map to City for
approval
50% of the total
estimated cost of the
Improvements as
reflected in the
attached Engineer's
Estimate
90 days after City
records a NOC of the
Improvements unless
City receives written
notice that an action
or stop notice has
been filed related to
the construction of
the Improvements, in
which case the
Security, at
Applicant's request,
may be reduced to
an amount not less
than the total of all
claims on which an
action or stop notice
has been filed
Warranty/
Maintenance
Before City records
the NOC of the
Improvements
10% of the total
estimated cost of
the Improvements
as reflected in the
attached Engineer's
Estimate
18 months after
recordation of the
NOC of the
Improvements on a
public work.
12 months after
recordation of the
NOC of the
Improvement on
private works unless
City notified that
warranty issues exist
on the Project.
EXHIBIT C
Docusign Envelope ID: 97E5C7E7-2D2B-457F-BA57-3E6BCE8346D0 City of Bakersfield
PERFORMANCE BOND
Bond No: 1120547
K. Hovnanian Communities, Inc.
The City of Bakersfield ("City") and ________ ("Principal") have entered into an agreement dated_______ , 20_ ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:
Tract 7213 Phase 3 - Improvements ___ . The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance Bond").
To that end, Principal and The Hanover Insurance Company_ ___ ("Surety") are held and firmly bound unto the City in the penal sum of $1,253,768.00 for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal or the Principal's heirs, executors, administrators, successors, or assigns ("Principal Parties"), in all _things, stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on Principal Parties' part, 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 indemnify and save harmless City and City's officers, agents, and employees as therein stipulated, then this obligation will become null and void; otherwise it will be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there will be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.
Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.
In witness whereof, this instrument has been duly executed by Principal and Surety on January 22 __, 20��-
PRINCIPAL K. Hovnanian Communities, Inc.
PERFORMANCE BOND
last Revised: December 6, 2013
SURETY The �ajov:r li1sur�e Company
By:f!J���
Its: D. Garcia, Attorney-In-Fact
seal �----------�
EXHIBIT D
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
county of Los Angeles
JAN 2·1 iozs N I' on ________ before me, Edward C. Spector, otary Pub IC Date Here Insert Name and Title of the Officer
Personally appeared _D_. _G_a_r_c_ia __________________________ _ Name(s) of Signer(s)
who 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
EDWARD C. SPECTOR
Notary Publlc • Callfornla �Los Angeles County »
Commission II 2447241
My Comm. Expir� May 16, 2027 ,
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r1n-;:---
Signature _�-=.c=::...._-�------------
Signature of Notary Public
-- ------------------------------------------------------------------ OPT/ONA L------------------------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _____________ _
D Corporate Officer-Title(s)�------
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other _________ ____ _
Signer Is Representing __________ _
Signer's Name ______________ _
D Corporate Officer-Title(s)=--------
D Partner D Limited □ General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other ______________ _
Signer Is Representing ___________ _
EXHIBIT D
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company'') does hereby constitute and appoint, Sarah Campbell, Janina Monroe, Charles R. Teter Ill, Jennifer Ochs, D Garcia, Rachel A Mullen, KD Wapato, Marina Tapia, Sandra Corona, Jaren A Marx, MB Neely and /or Chase Seyfarth
Of Lockton Companies, LLC of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons.
Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-In-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President In conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October?, 1981- The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 22nd day of April 2026 ·n,e llanovcr huurauc, Company
MasuchustltJ Ray tni■ranttCompany
Cillun1 ln1urance Company.11r America
J
STATE OF CONNECTICUT
COUNTY OF HARTFORD ) ss.
1·11c llanovcr Insurance Compan)'
I\ 1chuse1u Day Insurance Comp■ny
u lnsu ance CompRny or Amcrka
On this 22 nd day of April, 2025 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. >- KATHLEEN M. SIRARD� NOIVl'y Publlc
!Fileommonwohh of MauachUHtts � My Commltaliln E:xplrM
s.otember 2, 2�7
I, the undersigned Vice President of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing Is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _2lruj_ day of January 2026
CERTIFJED COPY
___ I
EXHIBIT D
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califo
rn�. . A
• �"� }County of __ ��-=--"-�--------
On 1,b.t,/21,, � m &u/Y7
Date
personally appeared ----------==:.,�:t::l��=----S:�������L---=:_ _____ _ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidenc
t2
be the person(s) whose name( 's/ re subscribed
to the within instrument and acknow • ged to me tha he he/they executed the same· his er/their authorized capacity(ies), and that b�/her/their sign re(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
RHOHOA M. BR5)WH
Notary Public • Californi� �
Riverside Countt . !
Commission# 1413599
y Comm. Exp_tres Aug 2-3, 1026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature �m�
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______ ________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Corporate Officer - Title(s): ______ _
o Partner - o Limited o General
D Individual
o Trustee
D Other:
o Attorney in Fact
o Guardian or Conservator
Signer is Representing: _________ _
Signer's Name:
o Corporate Officer - Title(s): _______ _
o Partner - o Limited o General
□ Individual o Attorney in Fact
□ Trustee o Guardian or Conservator
□ Other:
Signer is Representing: _________ _
·
©2019 National Notary Association
EXHIBIT D
Docusign Envelope ID: 97E5C7E7-2D2B-457F-BA57-3E6BCE8346D0 City of Bakersfield
LABOR AND MATERIALS BOND
Bond No: 1120547
K. Hovnanian Communities, Inc.
The City of Bakersfield ("City") and ________ ("Principal") have entered into an agreement dated _______ _, 20_ ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:
Tract 7213 Phase 3 - Improvements ("Project"). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566 ("Labor and Materials Bond").
To that end, Principal and The Hanover Insurance Company ("Surety"), and their respective heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $921,334.00 for materials and/or labor, of any kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor, and Surety will pay the same in an amount not exceeding the amount set forth above. Should the condition of this bond be fully performed, then this obligation will become null and void; otherwise it shall be and remain in full force and effect.
It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code sections 9000 through 9566, so as to give a right of action to them or their assigns in any suit brought upon this bond.
If suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.
Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 22 , 20 26.
PRINCIPAL K. Hovnanian Communities, Inc.
LABOR AND MATERIALS BOND
last Revised: November 20, 2013
TI1eli/an
;
•
:
!
;
"'
�
'
=
Company
By: -�..;__J..:::_)_c;�V-� __ __;_ ___ _
Its: D. Garcia, Attorney-In-Fact
seal
EXHIBIT D
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
county of Los Angeles
on _�JA_N_2_'1_;_:;2_02_6 __ before me, Edward C. Spector, Notary Public Date Here Insert Name and Title of the Officer
Personally appeared _D_._G_a_r_c_ia __________________________ _ Name(s) of Signer(s)
who 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
EDWARD C. SPECTOR
Notary Public • Callfornla
Los Angeles County
Commission II 2447241
WITNESS my hand and official seal.
My Comm. Expires May 16, 2027
Signature of Notary Public
Place Notary Seal Above
-- ---------------·-··--• • --------------------------------·---------- OPTIONAL--------------------------------------------------------·--------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _____________ _
D Corporate Officer-Title(s) _______ _
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other _____________ _
Signer Is Representing _______ ___ _
Signer's Name ______________ _
D Corporate Officer-Title(s) �-------
□ Partner D Limited □ General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other __________ ____ _
Signer Is Representing ___________ _
EXHIBIT D
,I . THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
Thal THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter Individually and collectively the "Company") does hereby constitute and appoint, Sarah Campbell, Janina Monroe, Charles R. Teter Ill, Jennifer Ochs, D Garcia, Rachel A Mullen, KO Wapato, Marina Tapia, Sandra Corona, Jaren A Marx, MB Neely and/or Chase Seyfarth
Of Lockton Companies, LLC of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surely obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, fn pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons.
Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance That this power Is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 22nd day of April 2025 The ll»nover l111urancc Company
Mas:uchusells Ray ln111rlld(e Company
Cltluns Insurance Company.of Amcrka
J
STATE OF CONNECTICUT
COUNTY OF HARTFORD ) ss.
·1 he ll1novcr l111urancc C:ompany
ay lnsurtnct Company
erkft
On this 22nd day of April, 2025 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. >- KATHLEEN M. SIRARD � Neria� Publlc
@Commonwealth of Maaaachuselh My Commt.alon bpi,..,
SeDtMlber 2, 2Q27
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _1InL day of January 2026 CERTIFIED COPY . J EXHIBIT D
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. �:��t:
f
0�
a
-
l
-
if
_
o
_
rn
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_� ______ .. _____ } ./J. ~ 4. Pl� l?(J
On / /� � 1� fd before me,--�--.------------------------,,,,._,, 1 Oat; _ hA Here lnsf{f1_ Njim� apd Title-10! the Officer personally appeared -----------�------�---------"----=---'------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidenc
�
be the person(s) whose name • / re subscribed
to the within instrument and ackno ed to me tha he she/they executed the same i ti1s/ er/their authorized capacity(ies), and that
1 �er/their sign re(s) on the instrument the perso , or the entity upon behalf of which the person(�: executed the instrument.
RHONDA M. BROWN
Notary Public • (alifornia
Rivefs1de County Commi�sion It 2413599'
Y Comm. Elqiires Aug 2J� 2026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and offici al seal.
Signature
Signature of Notary Public
OPTIONAL ---------------------,
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than N amed Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name: ___________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
D Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
EXHIBIT D
ACORD
®
CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDNYYY)
� 11/06/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Marsh USA LLC
NAME:
iA�g
N
NE,, Extl: I FAX
30 South 17th Street !A/C Nol:
Philadelphia, PA 19103 E-MAIL
Attn: [email protected] or 212-948-0360 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
CN10131485 3--GAW-25-26 West SCA INSURER A: National Fire & Marine Insurance Co 20079 INSURED INSURER B : Libertv Mutual Insurance Corooration 23043 K. Hovnanian Communities, Inc. 1260 Corona Pointe Court, Suite 301 INSURER C : Emnjnuors !n•"""C" Cnmnonv Of W�"°'' 21458 Corona, CA 92879 INSURERD:
INSURER E:
INSURERF:
COVERAGES CERTIFICATE NUMBER: CLE-007283560-09 REVISION NUMBER: 5
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
B
C
TYPE OF INSURANCE
X COMMERCIAL GENERAL LIABILITY
1 CLAIMS-MADE 0 OCCUR
X SIR $250,000 PREM-OPS -
X -
GEN'L AGGREGATE LIMIT APPLIES PER:
Pl
□ PRO-POLICY JECT
OTHER:
AUTOMOBILE LIABILITY
-
X ANY AUTO
DLoc
f--
OWNED � SCHEDULED
- AUTOS ONLY - AUTOS
HIRED NON-OWNED
- AUTOS ONLY - AUTOS ONLY
UMBRELLA LIAB
H
OCCUR -
EXCESS LIAB CLAIMS-MADE
OED I I RETENTION$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE
0 OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under DESCRIPTION OF OPERATIONS below
ADDL SUBR POLICY EFF POLICY EXP ,.,.,n ,.n,n POLICY NUMBER !MM/DDiYYYYl IMM/DDIYYVYI LIMITS y 42-HBL-331833-02 10/31/2025 11/01/2027 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED 5,000,000 PREMISES !Ea occurrence) $
MED EXP (Any one person) $ N/A
PERSONAL & ADV INJURY $ 5,000,000
GENERAL AGGREGATE $ 5,000,000
PRODUCTS - COMP/OP AGG $ 5,000,000
$
WCG-621-095402-015 (AOS) 10/31/2025 11/01/2026 PE�������irlNGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
iPROPERTY DAMAGE Per accidentl $
$
EACH OCCURRENCE $
AGGREGATE $
$
y WCG-621-095402-015 (AOS) 10/31/2025 11/01/2026 I PER I X STATUTE I OTH-ER N /A E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Bakersfield, its mayor, council, officers, agents, employees and volunteers are included as additional insured (except for workers' compensation) where required by written contract, provided such contract was executed prior to the date of loss. The General Liability insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of Subrogation is applicable where required by written contract and allowed by law. First Named insured for the above stated policies is Hovnanian Enterprises, Inc.
CERTIFICATE HOLDER CANCELLATION
City of Bakersfield SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Risk Mgmt Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1600 Truxton Ave ACCORDANCE WITH THE POLICY PROVISIONS.
Bakersfield, CA 93301
AUTHORIZED REPRESENTATIVE
of Marsh USA LLC
<=...x'.::5 � ��
© 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
EXHIBIT E
AGENCY CUSTOMER ID: _C_N_1_0_1_31_4_8_5_3 ___________ _ LOC #: Philadelphia
�
ACORD
®
ADDITIONAL REMARKS SCHEDULE
AGENCY NAMED INSURED
Marsh USA LLC K. Hovnanian Communities, Inc.
1260 Corona Pointe Court, Suite 301
POLICY NUMBER Corona, CA 92879
CARRIER
I
NAICCODE
EFFECTIVE DA TE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies referenced on this certificate may be subject to retained limits, self-insured retentions or deductibles.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT E
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Not applicable in New Jersey
Schedule
Any person or organization for which the employer has agreed by written contract, executes prior Ioss,may execute a waiver of subrogation. However, for purpose work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classification as designated by the waiver of right to recover from others (subrogation) rule in our manual.
Where required by contract or written agreement prior to loss and allowed by law.
In the state Alabama, Arizona, Colorado, Delaware, Georgia, Illinois, Michigan, Missouri, Pennsylvania, South Carolina and West Virgina, the premium charge is 5% of the total manual premium, subject to premium of $250 per policy.
In the state of Connecticut, Florida, Maryland and Oregon, the premium charge is 1 % of the total manual premium, subject to the minimum premium of $250 per policy.
In the state of New York, the premium charge is 10% of the total manual premium, subject to a minimum premium, subject to a minimum of $250 per policy
In the state of Virginia, the premium charge is 5% of the total manual premium, subject to a minimum premium, subject to a minimum of $250 per policy
In the state of Wisconsin, the premium charge is 2% of the total manual premium, plus EL Increased Limits subject to a minimum premium of $50 per policy
In the state of North Carolina, the premium charge is 2% of the total manual premium, subject to a minimum premium, subject to a minimum of $100 per policy
Issued by: Employers Insurance Company of Wausau 15555
For attachment to Policy No WCC-621-095402-015
Issued to: Hovnanian Enterprises, Inc
Effective Date
WC 00 0313
Ed. 4/1/1984
© 1983 National Council on Compensation Insurance, Inc.
Premium$
EXHIBIT E
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The ad ditional premium for this endorsement shall be
otherwise due on such remuneration.
% of the California workers' compensation premium
Schedule
Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$
Person or Organization
Where required by contract or
written agreement prior to
loss and allowed by law
Issued by Employers Insurance Company of Wausau 15555
For attachment to Policy No. WCC-621-095402-015
WC 04 0306
Ed. 04/1984
Job Description
Effe ctive Date Premium$
EXHIBIT E
Issued to
WC 04 03 06
Ed. 04/1984
EXHIBIT E
Berkshire Hathaway
Specialty Insurance
This endorsement, effective 12:01 AM:
Forms a part of Policy No.:
Issued to:
By:
ENDORSEMENT
10/31/2025
42-HBL-331833-02
Hovnanian Enterprises, Inc.
National Fire & Marine Insurance Company
.Additional Insured - O,vncrs, Lessees, Or Contractors - Con1pieted Operations
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
HOMEBUILDER LIABILITY INSURANCE POLICY
SCHEDULE
Name Of Additional Insured Person{s)
Or Organization(s) Location And Description Of Completed Operations Any such person or organization but only to the extent
required by a written contract exec uted prior to the
"occurrence" or offense.
Information required to complete this Schedule, if not shown above, will be shown in the Decla rations.
© Insurance Services Office, Inc., 2012
EXHIBIT E
A. Section II -Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "products
com pleted operations hazard".
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill-Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
© Insurance Services Office, Inc., 2012
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain
unchanged.
EXHIBIT E
This endorsement, effective 12:01 AM:
Forms a part of Policy No.:
Issued to:
ENDORSEMENT
10/31/2025
42-HBL-331833-02
Hovnanian Enterprises, Inc.
By: National Fire & Marine Insurance Company
.Additional Insured - O,vners, Lessees, Or Contractors - Scheduled Person 01·
Organization
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
HOME BUILDER LIABILITY INSURANCE POLICY
SCHEDULE
Name Of Additional Insured Person(s}
Or Organization(s): Location(s) Of Covered Operations
Any such person or organization but only to the extent N/A required by a written contract executed prior to the
«occurrence" or offense.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II-Who Is An Insured is amended to include
as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
© Insurance Services Office, Inc., 2012
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.
EXHIBIT E
However:
1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is
:equired by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
© Insurance Services Office, Inc., 2012
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization other
!han anoth_er contractor or subcontractor engaged
m perform mg operations for a principal as a part
of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to Section
Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain
unchanged.
EXHIBIT E
This endorsement, effective 12:01AM:
Forms a part of Policy No.:
Issued to:
By:
ENDORSEMENT
10/31/2025
42-HBL-331833-02
Hovnanian Enterprises, Inc.
National Fire & Marine Insurance Company
Prin1arv Non-Contributorr ,\n1cndn1ent - -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HOMEBUILDER LIABILITY INSURANCE POLICY
Paragraph 9 Other Insurance under General Policy Conditions, SECTION IV CONDITIONS, is deleted and replaced with the following:
10. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when Paragraph b. or d below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.
Then, we will share with all that other insurance by the method described in Paragraph c. below.
b. Excesslnsurance
A. This insurance is excess over:
a. Any of the other insurance, whether primary, excess, contingent or on any other basis:
i. That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
ii. That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner;
iii. That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or
iv. If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not
subject to Exclusion d. of Section I -Coverage A- Bodily Injury And Property Damage Liability.
b. Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured.
B. When this insurance is excess, we will have no duty under this policy to defend the insured against any ffsuit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
C. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.
D. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. If prior to an "occurrence" you agreed in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to any additional insured then this condition shall not apply, and this policy shall remain excess.
All other terms and conditions of this policy remain unchanged.
EXHIBIT E
This endorsement, effective 12:01AM:
Forms a part of Policy Number:
Issued to:
Issued by:
ENDORSEMENT
10/31/2025
42-HBL-331833-02
Hovnanian Enterprises, Inc.
National Fire & Marine Insurance Company
Waiver Of Rights Of Recovery ainst Others To lJs
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
HOMEBUILDER LIABILITY INSURANCE POLICY
SCHEDULE
Name of Person(s} or Organization(s ):
Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the "occurrence".
The following Condition is added to the policy:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written and executed contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above.
All other terms and conditions of this policy remain unchanged.
EXHIBIT E