AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS
(Construction • Permits - Public Works Nos. GP-2021-19687 & GP-2021-11357 KB Sycamore Hills I, II, III, LLC
WHEREAS, the undersigned, —200 Main Street, Suite E, Irvine, CA 92614, and if whose business address is an individual, whose residence address is See Above
..'
herein referred to as the "Owner", has made application to the City of Riverside lor a Construction Permit for Construction of Street Improvements identified by Public Works Nos. GP-2021-15261 the Street Improvements for Alessandro 8 , Barton Project located in Parcel Number 37789; and
WHEREAS, the Owner has not completed all of the work, or made all of the off- site improvements required, and desires to enter into a contract for the completion of the work and the making of the improvements, and to furnish security for the performance of said contract;
NOW, THEREFORE, in consideration of the approval of said street improvements by the said City, the Owner hereby warrants and agrees at his own expense to do all of the work and make all of the improvements required with respect to said approval, which work and improvements, without limitation by enumeration, consists of:
Curb, curb and gutter, curb and gutter removal, aprons and cross gutters, sidewalk, wheelchair ramps, A.C. paving, aggregate base material, A.C. overlay, A.C. paving removal, parkway drains, access gate, driveway approaches, storm drainpipe and appurtenances; street signal modification /installation; all or some of which as shown on street and storm drain plans.
The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof, and all of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however, in the event the estimated cost of any changes or alterations in said work exceeds 33 1/3% of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alteration; provided, further, in no event shall such change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Owner.
It is understood that by providing security for this agreement, the surety consents in advance
Owner and waives notices of such extension. The making of an application for an extension of time by the Owner shall, upon the granting of the application by the City, constitute a waiver by the Owner and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City within the period of four years immediately following the date to which the time of performance was extended.
The Owner further agrees that any and all grading done or to be done in 1 CL 311-407 (Rev. 5/87)
conjunction with the development of the hereinabove property shall conform to the requirements of the Riverside Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards;
The owner promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to repair of pavement, curbs, gutters, sidewalks, parkways, and removal of debris from pipes and drains; said maintenance shall also include, but not be limited to by this enumeration, sweeping, repairing and maintaining in good and safe condition all street improvements. It shall be the Owner's responsibility to initiate this work, but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the Public Works Director of the City. Upon failure of the Owner of properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Owner and his surety under this agreement. The Owner and his surety further agree under this agreement to hold the City and its officers and employees free and harmless from any claim, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or en and ote na naintenae omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract.
If the Owner and the surety fail to install all or any part of the improvements required by this contract within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law.
It is further understood and . agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Owner or surety or both to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within seven days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within thirty days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of the City may be required, all at the full expense and obligation of the Owner and surety and all without the necessity of giving any further notice to the Owner or surety before the City performs or arranges for performance of any remaining work or improvements---and whether or not the Owner or surety have constructed any of 2 CL 311-407 (Rev. 5/87)
the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the Public Works Director, upon such election, may require all work by the Owner or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed.
It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced.
For the purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, Public Works Director, or any of them or any of their authorized representatives.
It is further agreed that the amount of security for the performance of this contract is One Million Three Hundred Twenty-Two Thousand Eight Hundred and 00/100 dollars ($1,322,800.00) and is a
SURETY BOND
(corporate surety bond, cash deposit, irrevocable letter of credit)
IN WITNESS WHEREOF,
(1) the Owner has hereunto set his hand, or
(2) the Owner has caused this agreement to be executed by its duly authorized officers this day of JANUARY 8888.
2023
(Signatures must be same KB SYCAMORE HILLS I, II, III, LLC as on surety) Developer
BY
Signature
DARRELL A. BUTLER | MEMBER
Name and Title
By
Signature
Name and Title
APPROVED AS TO DESCRIPTION
CITY OF RIVERSIDE
Public Works ty Engineer
Checked by: Chris Scully
APPROVED AS TO FORM:
By Jusan Wilson
ASSISTANT CITY ATTORNEY
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
theonary ul on signed te document to this this evere one heed a te the truthfulness, accuracy, or validity of that document.
State of California
County of Ovange
on Januany 9,2023 - beforeme, Rowena G. Padua, Notary Public (here insert name and title of the office!)
personally appeared Darnell 4. Butler
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the witen instrumes, and akroy ledged to ms ghatre be the executed the pame in or the enti 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.
ROWENA G. PADUA
COM. #2384497
Notary Public • California 7
WITNESS my hand and official seal. Orange County
My Comm. Expires Dec. 20, 2025l
Signature quebe
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Agreement for Construction of Proved to me on the basis of satisfactory evidence:
• forms) of identification O credible witnesses)
Improvements
Notarial event is detailed in notary journal on:
containing _ pages, and dated Page # Entry#
The signers) capacity or authority is/are as: Notary contact:
Individual(s) Other
• Attorney-in-Fact
• Additional Signer(s) • Signer(s) Thumbprint(s)
→ Corporate Officers)
Title(s)
Guardian/Conservator
Partner - Limited/General
• Trustee(s)
• Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing © Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
THE TERM OF THIS BOND IS TWO (2) YEARS.
PROJECT: STREET IMPROVEMENTS Surety Bond Premium: INCLUDED IN PERFORMANCE BOND
FOR ALESSANDRO & BARTON
Surety Bond No. GS24600003
LABOR AND MATERIAL BOND
(CONSTRUCTION)
WHEREAS, the City of Riverside, a municipal corporation of the State of California, and KB Sycamore Hills I, II, III, LIC hereinafter referred to as "Principal" , have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated / 2022, and identified as Agreement for Construction of Improvements for project designated as PM 37789, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Riverside to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California;
THE GRAY CASUALTY &
NOW THEREFORE, said principal and SURETY COMPANY - a corporation organized and doing business under and by virtue of the laws of the State of LOUISIANA and duly licensed by the State of California for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, and held firmly bound unto the City of Riverside and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Six Hundred Sixty-One Thousand Four Hundred and 00/100 Dollars ($661,400.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and 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 City of Riverside in successfully enforcing such obligations, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is thereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) 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 condition 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.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the 1 311-59/CL 427B (Rev, 6/88)
specifications accompanying • the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on JANUARY 6 _. XXXXX 2023.
KB SYCAMORE HILLS I, II, III, LLC THE GRAY CASUALTY & SURETY COMPANY Principal Surety
By. Man O. tatarato
By.
DARRELL A. BUTLER, MEMBER Attorney-in-fact, MARK D. IATAROLA ATTN: SURETY CLAIMS
1200 MAIN STREET, SUITE F P.O. BOX 6202
Address of Corporate Surety
IRVINE, CA 92614 METAIRIE, LA 70009-6202
city Zip Code
(504) 754-6711
Phone
MALONEY AND ASSOCIATES
Producer (Bond Issuing Agent)
435 WEST GRAND AVENUE
Address
ESCONDIDO, CA 92025
City Zip Code
(760) 738-2610
Phone
NOTE: Signature of Attorney-in-fact to be acknowledged before a Notary Public.
Attach Power of Attorney.
APPROVED AS TO FORM:
BY: Susan Wea
2 ASSISTANT CITY ATTORNEY
311-59/CL 4278 (Rev. 6/88)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 338883333333838898833886833383888833888838938888B838838388B33333B838338BBB83B88 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 SAN DIEGO
On 1/6/2023 _ before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Names) of Signers)
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 capacityfies), and that by his/her/their signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
TRACY LYNN RODRIGUEZ laws of the State of California that the foregoing COMM, # 2318838 paragraph is true and correct.
SAN DIEGO COUNTY
WITNESS my hand and official seal.
MY COMMISSION EXPIRES
JANUARY 11.2024
Signature Tact if
Place Notary Seal and/or Stamp Above Sighature 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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. JATAROLA Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: = Other:
Signer is Representing: Signer is Representing: _
(8:89808888N8484308480808080808030808884888430808884888888388088488808988308:89/8s808888:888988N8088898988888089S8484B58839388483838988898088:83808081989480 ©2017 National Notary Association
Hellen Maloney & Associates Insurance Servi
01/06/2023 16:07 6981480692
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: GS24600003 Principal: KB SYCAMORE HILLS I, II, III, LLC Projeet: PM 37789 STREET IMPROVEMENTS FOR ALESSANDRO & BARTON
SUBDIVISION LABOR AND MATERIAL BOND (CONSTRUCTION)
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: John G. Maloney, Helen Maloney, and Mark D. Tatarola of Escondido, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, scal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surely, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 day of June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorncy to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature 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 signature or facsimile scal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4* day of November, 2022.
Midad 7Gorg
SEAL By: Michael T. Gray Cullen S. Piske
President SEAL
President
The Gray Insurance Company The Gray Casualty & Surety Company State of Louisiana
SS:
Parish of Jefferson
On this 4'" day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the scals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
Leigh fume benica
Leigh Anne Henican
Notary Public
Notary ID No. 92653 Leigh Anne Henican
Orleans Parish, Louisiana Notary Public, Parish of Orleans State of Louisiana My Commission is for Life
I, MarkS. Manguno, Secrefary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the scals of the Company this 6TH day of JANUARY Monto Manpons
I, Leigh Anne Henican, Sccretary of The Gray Casually & Surely Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 8TH day of JANUARY ORA.
Leigh tune Werican
SEAL GRAY SEAL
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
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 Ovange )
on January 9,2023 - before me, Rowena G. Padua, Notary Public. here insert name and title of the officer
personally appeared Darrell A. Butler
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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ROWENA G. PADUA
COMM. #2384497
WITNESS my hand and official seal. Notary Public • California Orange County
My Comm. Expires Dec. 20, 2025P
Signature mo
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Labor i matenid Bond Proved to me on the basis of satisfactory evidence:
O forms) of identification O credible witnesses)
Bond #ES 24660003
Notarial event is detailed in notary journal on:
containing pages, and dated 1/6/2023 Page # Entry#
The signers) capacity or authority is/are as: Notary contact:
• Individual(s) Other
• Attorney-in-Fact
• Additional Signer(s) • Signer(s) Thumbprint(s)
• Corporate Officers)
Title(s)
• Guardian/Conservator
• Partner - Limited/General
• Trustee(s)
] Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing © Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
THE TERM OF THIS BOND IS TWO (2) YEARS.
PROJECT: STREET IMPROVEMENTS
FOR ALESSANDRO & BARTON Surety Bond Premium: $26,456.00 Surety Bond No. GS24600003
FAITHEUL PERFORMANCE BOND
(CONSTRUCTION)
WHEREAS the City of Riverside, a municipal corporation of the State of California, and KB Sycamore Hills I, II, III, LIC hereinafter referred to as "principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _ 2022, and identified as Agreement for Construction of Improvements for project designated as PM 37789, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement;
THE GRAY CASUALTY &
NOW, THEREFORE, we, the Principal and SURETY COMPANY _ a corporation organized and doing business under and by virtue of the laws of the State of LOUISIANA _' and duly licensed by the State of California for the purpose of making, guaranteeing or becoming sole surety upon bonds oI undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the City of Riverside, in the penal sum of One Million Three Hundred Twenty-Two Thousand Eight Hundred and 00/100 dollars ($1,322,800.00) lawful money of the United States, for the payment of which sum we11 truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that is the above bounded principal, his, her or its heirs, executors, administrators, successors, or assigns, shall in all things stand to or abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his, her or their 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 shall indemnify and save harmless the City of Riverside, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The Surety and Principal further agree that in the event the work and improvements are not completed within the time allowed by the said agreement or any extension or extensions thereof as may be granted by the City of Riverside, the City of Riverside may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of said work and improvements, and all costs and expenses therefor shall become a debt due and owing said City of Riverside, as set forth in said agreement. 311-57/CL 215B (Rev. 6/86) 1
As a part of the obligation security 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 City of Riverside in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety and Principal further agree that this bond may be reduced to ten percent of the face amount of this bond or $300, whichever is greater, and continue, after completion and acceptance of the work and improvements in / no City of Riverside, 1020 writing by the City of Riverside, for one year from the date of acceptance to guarantee said improvements against any defective work or labor done, or defective materials furnished, in performance of the contract with the City of Riverside.
The Surety hereby stipulates and agrees that no change, extension of be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on JANUARY 6 XXXXX 2023.
Principal KB SYCAMORE HILLS I, II, III, LLC Surety THE GRAY CASUALTY & SURETY COMPANY By Man 0.d
By_
DARRELL A. BUTLER, MEMBER Attorney-in-fact, MARK D. IATAROLA ATTN: SURETY CLAIMS
1200 MAIN STREET, SUITE F P.O. BOX 6202
Address of Corporate Surety
IRVINE, CA 92614 METAIRIE, LA 70009-6202
city (Zip Code)
(504) 754-6711
Phone
MALONEY AND ASSOCIATES
Producer (Bond Issuing Agent.)
435 WEST GRAND AVENUE
Address
ESCONDIDO, CA 92025
City (Zip Code)
311-57/CL 215B (Rev. 6/86) 2
APPROVED AS TO FORM:
By: Susun milan
ASSISTANT CITY ATTORNEY
(760) 738-2610
Phone
Note: Signature of Attorney-in-fact to be acknowledged before Notary Public. Attach Power of Attorney.
311-57/CL215B (Rev. 6/86)
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 84888034388880888038:1888383:88888837808088888088:88808081863088898898883888888033088393988818508081818:8081888880883080808080838481 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 Callfornia
County of SAN DIEGO
On 1/6/2023 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityffes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
TRACY LYNN RODRIGUEZ Y laws of the State of California that the foregoing COMM. #2318838 paragraph is true and correct.
SAN DIEGO COUNTY
NOTARY PUBLIC-CALIFORNIAZ WITNESS my hand and official seal.
MY COMMISSION EXPIRES *
JANUARY 11,2024
Signature
Place Notary Seal and/or Stamp Above Signature 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:.
Signers) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
• Corporate Officer - Title(s): _ • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General O Individual 2 Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
888888888888888888888888888888888888888888888988888888888388888988888888888888888 ©2017 National Notary Association
Hellen Maloney & Associates Insurance Servi
01/06/2023 15:50 7232400717
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: GS24600003 Principal: KB SYCAMORE HILLS 1, II, II, LLC Projeet: PM 37789, STREET IMPROVEMENTS FOR ALESSANDRO & BARTON
SUBDIVISION FAITHFUL PERFORMANCE BOND (CONSTRUCTION)
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: John G. Maloney, Helen Maloney, and Mark D. Iatarola of Escondido, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26% day of "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature 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 signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4" day of November, 2022.
RANCE Mited Togg
SEAL By: Michael T. Gray Cullen S. Piske
President SEAL
President
The Gray Insurance Company The Gray Casualty & Surety Company State of Louisiana
SS:
Parish of Jefferson
On this 4"' day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piskc, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
Leigh fume Herican
Leigh Anne Henican
Notary Public
Notary ID No. 92653 Leigh Anne Henican
Orleans Parish, Louisiana Notary Public, Parish of Orleans State of Louisiana My Commission is for Life
I. Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 6TH day of JANUARY , 2023 Mant Mansimo
I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 8TH day of JANUARY Freigh fume Herican
SEAL SEAL
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of he individual who signed the document to which this certificate is attached, and no the truthfulness, accuracy, or validity of that document.
State of California
County of - Orange
On January 9, 2023 - before me, powena 6. Padua, Notany Public (here insert name and title of the officer
personally appeared Daurell A. Butler
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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ROWENA G. PADUA
COMM. #2384497
Notary Public • California NRO1
WITNESS my hand and official seal. Orange County
My Comm. Expires Dec. 20, 2025/
Signature Sume
(Seal)
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The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Faithful Performance Bond Proved to me on the basis of satisfactory evidence:
O forms) ofidentification O credible witnesses)
Bond # E52460003
Notarial event is detailed in notary journal on:
containing 5 pages, and dated 1/6/2023 Page # Entry #
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• Additional Signer(s) • Signer(s) Thumbprints)
• Corporate Officers)
Title(s)
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representing:
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