HomeMy WebLinkAbout2004-1271
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RESOLUTION NO. 2004-127
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 13630 - LOCATED AT THE NORTHEAST CORNER OF BELMONT
AND MAGNOLIA, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
No. 13630, a 34-lot residential subdivision, at the northeast corner of Belmont and Magnolia,
together with the provisions for their design and improvements, is consistent with the General
Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Verdemont 33, LLC, for improvements in said subdivision tract as are required by Title 19
of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are specifically described and
shown on Drawings approved and on file in the office of Development Services of the City of
San Bernardino.
SECTION 3. The Final Map of said subdivision tract is hereby approved and the
City of San Bernardino hereby accepts as public property all dedications within the
subdivision as shown on said Final Map for streets, alleys (including access rights), drainage
and other public easements. As a condition precedent of approval of the Final Map, the
2004-127
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M.
RESOLUTION... APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
13630...
Subdivider shall first execute the agreement referenced in Section 2 hereof for the
improvements within said Subdivision.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
2004-127
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RESOLUTION... APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
13630...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
it.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on
the 17ttrlay of may , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE %
MC GINNIS x
DERRY %
KELLEY x
JOHNSON %
MC CAMMACK x
City Clerk
The foregoing resolution is hereby approved thi O-t day of _tray
2004. 7) i
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney Q
By: �U
7alles, Mayor
San Bernardino
2004-127
j AGREEMENT
2 (Subdivision Improvements)
3 THIS AGREEMENT is made and entered into as of this Z-5 day of
4
YC 20W, by and between the CITY OF SAN BERNARDINO, a Municipal
5 Jere, no
6 Corporation, hereinafter referred to as "City," and 7� , hereinafter referred to as
7 "Subdivider."
8 RECITALS
9 A. WHEREAS, Subdivider has presented to City for approval a final subdivision
10 map (hereafter called "map") entitled TY-Ck(. - 1�2L,;5 ; and,
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B. WHEREAS, the map has been filed with the City for presentation to the City
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Council (hereinafter called "Council') of the City for its approval, which map is hereby
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14 referred to and incorporated herein; and,
15 C. WHEREAS, Subdivider has requested approval of the map prior to the
16 construction and completion of improvements, including all streets, highways or public ways
17 and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
18 called "subdivision') designated in the map, all in accordance with, and as required by, the
19
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
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21 limits of subdivision, which Plans and Specifications are now on file in the Office of the City
22 Engineer of the City; and,
23 D. WHEREAS, Council has approved said map and accepted the dedications
24 therein offered, or some thereof, on condition that Subdivider first enter into and execute this
25 Agreement with the City; and,
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E. WHEREAS, This Agreement is executed pursuant to the provisions of the
27
28 Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within boo from the date hereof.
4. Time of Essence — Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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2004-127
1 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
2 repair, or have repaired, as the case may be, all pipes and monuments shown on the map
3 which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
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repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
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6 or repairs, of any and all property damaged or destroyed by reason of any work done
7 hereunder, whether such property be owned by the United States, or any agency thereof, or
8 the State of California, or any agency or political subdivision thereof, or by the City, or by
9 any public or private corporation, or by any person whomsoever, or by any combination of
10 such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
ll
approval, of the City Engineer.
12
6. Utility Deposits — Statement. Subdivider shall file with the City Clerk, prior to
14 the commencement of any work to be performed within the area delineated on the map, a
15 written statement signed by Subdivider, and each public utility corporation involved, to the
16 effect that Subdivider has made all deposits legally required by such public utility corporation
1711 for the connection of any and all public utilities to be supplied by such public utility
18 corporation within the Subdivision.
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7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
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21 obtain all necessary permits and licenses for the construction of such improvements, give all
22 necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
23 provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
24 8. Superintendence by Subdivider. Subdivider shall give personal
25 superintendence to the work on said improvement, or have a competent foreman or
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superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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2004-127
1 11. Subdivider's Insurance. Subdivider shall not commence work under this
2 Agreement until Subdivider shall have obtained all insurance required under this paragraph,
3
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
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nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
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6 or subcontract until all similar insurance required of the contractor or subcontractor shall have
7 been so obtained and approved. All requirements herein provided shall appear either in the
8 body of the insurance policies or as endorsements and shall specifically bind the insurance
9 carrier.
10 (a) Worker's Compensation Insurance/Employer's Liability Insurance.
11
Subdivider shall maintain, during the life of this Agreement, Worker's
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13 Compensation Insurance and Employer's Liability Insurance for all
14 Subdivider's employees employed at the site of improvement, and, in case any
15 work is sublet, Subdivider shall require any contractor or subcontractor
16 similarly to provide Worker's Compensation Insurance and Employer's
17 Liability Insurance for all contractor's or subcontractor's employees, unless
18
such employees are covered by the protection afforded by Subdivider. In case
19 any class of employees engaged in work under this Agreement at the site of the
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21 project is not protected under any Worker's Compensation Law, Subdivider
22 shall provide, and shall cause each contractor and subcontractor to provide,
23 adequate insurance for the protection of employees not otherwise protected.
24 Subdivider shall indemnify City for any damage resulting to it from failure of
25 either Subdivider or any contractor or subcontractor to take out or maintain
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such insurance.
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28 (b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
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damage insurance as shall insure City, its elective and appointive boards,
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commissions, officers, agents and employees, Subdivider and any contractor or
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subcontractor performing work covered by this Agreement from claims for
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damages for personal injury, (as defined hereunder), including death, as well as
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from claims for property damage or product liability which may arise from
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Subdivider's or any contractor's or subcontractor's operations hereunder,
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whether such operations be by Subdivider or any contractor or subcontractor,
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or by anyone, including, without limitation, agents, employees or independent
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contractors, directly or indirectly employed by either Subdivider or any
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contractor or subcontractor, and the amounts of such insurance shall be as
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follows:
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(1) Public Liability Insurance. In an amount not less than One Million
16
Dollars ($1,000,000.00) for injuries, including, but not limited to,
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death, to any one person, and, subject to the same limit for each person,
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in an amount not less than One Million Dollars ($1,000,000.00) on
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account of any one occurrence; Product Liability Insurance coverage
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should be part of the Public Liability Insurance;
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(2) Property Damage Insurance. In an amount not less than One Million
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Dollars ($1,000,000.00) for damage to the property of each person on
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account of any one occurrence.
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In the event that any of the aforesaid insurance policies provided for in this
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Paragraph 11 insures any entity, person, board or commission other than those
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mentioned in this paragraph, such policy shall contain a standard form of
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2004-127
1 cross -liability endorsement, insuring on such policy City, its elective and
2 appointive boards, commissions, officers, agents and employees, Subdivider
3
and any contractor or subcontractor performing work covered by this
4
Agreement.
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6 (3) Tail Coverage. Insurance coverage, albeit for public liability or
7 property damage, shall be written, if possible, on an `occurrence" form
8 rather than a "claims made" policy. If the insurance policy is written
9 on a "claims made" policy, then additional coverage, entitled "tail
10 coverage,, must be purchased to cover a period of one (1) year from
11
completion of the project. All subcontractors must and shall comply
12
13 with the same insurance provisions as the contractor(s) and
14 subdivider(s).
15 (4) Personal Injury — Defined. As used herein, the term "personal injury"
16 shall be defined as a hurt or damage to one's person including, without
17 limitation, damage to health, cuts, bruises, broken limbs and/or bones,
18
or the like, disabilities or impairments, including aggravation of
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existing injuries, or invasion of personal rights, including libel or
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21 slander criminal conversation, malicious prosecution, false
22 imprisonment and mental suffering.
23 12. Evidence of Insurance. Subdivider and contractor shall furnish City,
24 concurrently with the execution hereof, with satisfactory evidence of the insurance required,
25 and evidence that City is named and endorsed on the policy as an additional insured.
26
Subdivider and contractor shall also provide City with evidence that each carrier will be
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28 required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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2004-127
1 serving upon of such notice of breach, does not give City written notice of its intention to take
2
over the performance of the contract, and does not commence performance thereof within five
3 days after notice to City of such election, City may take over the work and prosecute the same
4
to completion, by contract or by any other method City may deem advisable, for the account
5
6 and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
7 excess cost or damages occasioned City thereby; and, in such event, City, without liability for
8 so doing, may take possession of, and utilize in completing the work, such materials,
i
9 appliances, plant and other property belonging to Subdivider as may be on the site of the work
10 and necessary therefor.
11
20. Notices. All notices herein required shall be in writing, and delivered in j
12
13 person or sent by registered mail, postage prepaid.
14 (a) Notices required to be given to City shall be addressed as follows:
15 City Administrator
City Hall
16 300 North "D" Street
I
17 San Bernardino, California 92418
18 (b) Notices required to be given to Subdivider shall be addressed as follows:
19 NkY&nyx PLC ulo O'wwwcl t WeJ Enc-
20 2.i,�luuVrh+urU VAVA `�z�+�ZOt7 WoL)JWvu� +arils L �L �}
21 (c) Notices required to be given to surety of Subdivider shall be addressed as
22
follows:
23
LC
24 i ��Vl �YlrtC 1 1Z�Ok'n T-1'1�.C-1LC�.n oof
25 `1Z� LN L GG1itw��yl S�nit� IG CjtVj k4Ik , Cj! 61INN
26 Provided that any party or the surety may change such address by notice in writing to the
27 other party, and, thereafter, notices shall be addressed and transmitted to the new address.
28 21. Successors Bound. This Agreement shall be binding upon and inure to the
11
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benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATT ST:
7City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
By:
CITY O S BERN�ARDINO
By: l CSC_
h Valles, Mayor
of San Bernardino
By: /
In
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice -President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of , 20 , before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
(This area for official seal.)
13
2004-127
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 11
County of
L C S N ,12-`4. 1
ss.
On 3 �3- 0y before me,
personally appeared
Ail 1. I(0013
CommNNon# 1460102
i Nakil Ndlc • CaMwryp I
MY Cann. IgVm.w al Jon 3,44
(dame angmle of officer e , , -Jan. D., Notary
LVpersonally known to me
L 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.
/E�SS my-bandh d off i seal.
Signature of Notary Public 14
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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
-1 Individual Top of thumb here
❑ Corporate Officer — Title(s):
I I Partner — I I Limited I I General
❑ Attorney -in -Fact
L Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:-
0 1999 National Notary Association-9350 Be Soto Ave .,P0. Box 2402•ChaticAvuh, CA 913132402• www.niloonalnotaryorg Prod No. 5907 Reorder: Call TollFred1600-8766827
ACORDP CERTIFICATE OF LIABILITY INSURANCE
04/01/2 a)
PRODUCER (909) S99-7200 FAX (909) 599-2700
CDS Insurance Services
License # OC88587
437 S. Cataract Ave. Suite 1
San Dimas, CA 91773
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Harwood Homes, Inc; Hirco, LLC; Verdemont 33,
20700 Ventura Blvd Suite 200
Woodland Hills, Ca. 91364
INSURERA: Evanston Insurance Company
INSURER B:
INSURERC:
INSURER
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDINI
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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADD1
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVDATE MWDOyY,E
POLICY EXPIRATION DATE IMNVDD�I
LIMITS
GENERAL LIABILITY
03GLP1007120
09/25/2003
09/25/2004
EACH OCCURRENCE
$ 1,000,00
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$ EXCLUDE
CLAIMS MADE a OCCUR
MED UP (Any one person)
$ EXCLUDE
A
PERSONAL S ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
S 2,000,00
GEWL AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOP AGG
$ 1,000,00
X POLICY PRO LOC
ECT El
AUTOMOBILE
LABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
--� —J
I
APP
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
I:IIY Wi oAN
$
DEVELOPMENT BE
iVIC63
AUTO ONLY: AGG
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR CLAIMS MADE
AGGREGATE
S
S
$
DEDUCTIBLE
S
RETENTION S
WORKERS COMPENSATION AND
WCSTATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYE
$
OFFICERIMEMBER EXCLUDED?
1f yes, desuibe under
SPECIAL PROVISIONS be:aw
E.L. DISEASE - POLICY LIMIT
S
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
°30 days notice in the event of cancellation except non-payment/10 days given.
ertificate Holder in named as Additional Insured - endorsement to follow.
e: Tract 13630 San Bernardino, Ca.
CFRTIFICATF HOI nFR CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of San Bernardino
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Youn Kim
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY
300 N D St
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
San Bernardino, CA 92419
ACORD 25 (2001108) FAX: 384-5155 { - Y ;� ..`-`"VAC061) CORPORATION 1988
CSC INSCO INSURANCE SERVICES, INC.
insc%1co Underwriting Manager for:
-� J�� Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
www.InscoDico.com
Bond #:837582S
GRADING PERMIT BOND $ 2,580.00 premium is for
a term of TWO year(s)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, VERDEMONT 33, LLC
(Permittee)
As Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY
(Bonding Company)
Organized and existing under the laws of the State of IOWA
held and firmly bound unto THE CITY OF SAN BERNARDINO AS OBLIGEE
in the just and full sum of ONE HUNDRED TWENTY NINE THOUSAND AND
as Surety, are
lawful money of the United States, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
The condition of the foregoing obligation is such that whereas said principal has filed or is about
to file with THE CITY OF SAN BERNARDINO
an application for a permit to perform excavation or fill work, described in the application for the
grading permit, upon real property owned by said principal known as TRACT 13630
NOW THEREFORE, if the above named principal shall well and truly comply with all the requirements
of OBLIGEE , and if all of the work required to be done complies
with all of the terms and conditions of the grading permit for excavation or fill or both to the
satisfaction of the City Engineer, and is completed within the time limit specified in said grading
permit, then this obligation shall be void and of no effect, otherwise it shall be and remain in full
force and effect.
The said surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or additions to the terms of the permit or the work or improvements to be
performed thereunder or to the grading plans attached to said permit shall in anyway affect the
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or additions to the terms of the permit or to the work or improvements or the plans.
WITNESS OUR HANDS THIS 29TH day of MARCH , 2004
VERDEMONT 33, LLC Developers Surety and Indemnity Company
(Principal) (Surety)
By: By:
(Name and Title) CHRIS PHER J. R17ZOTTI (Attorney -in -Fact)
NOTE: acknowledgments of Execution by Principals and Surety must be attached.
ID-1435 (CA) (09/01)
4D=MC� INSCO INSURANCE SERVICES, INC.
insc%jco Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
REINSURANCE AGREEMENT FOR A PERFORMANCE BOND
Date of Bond: MARCH 29, 2004
Direct Writing Company (name and address):
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92614
Date Direct Writing Company
Executes this Agreement: MARCH 29, 2004
Penal Sum of Bond: $ 129,000.00
Bond No. 837582S
State of
Incorporation: IOWA
.. a . a a ■ ■ ■ ■ ■ a ■ ■ a ■ a a a a a a a a a a ■ ■ ■ ■ ■ ■ a a ■ ■ ■ ■ a a a a a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a a a ■ ■ ■ ■
Reinsuring Company (name and address):
AMERICAN RE -INSURANCE COMPANY
555 COLLEGE ROAD EAST
PRINCETON, N.J. 08543
Amount of this Reinsurance: $ 129,000.00
Date Reinsuring Company
Executed this Agreement: MARCH 29, 2004
State of
Incorporation
DELAWARE
■■■■■■■■■■■■■■■■■■■■■■02MMa■■■■■■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
Obligee(s) on Bond (name and address):
THE CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
Description of Contract:
GRADING BOND FOR TRACT 13630
• a a a a a a a a a a a a a a a a■ a a a a a a a a a a a a a s a a a a a a a a a a a a■ a■ a a a a a a a a a a a a a a a a
Principal (name and address):
VERDEMONT 33, LLC
20700 VENTURA BLVD., SUITE 200
WOODLAND HILLS, CA 91364
State of Incorporation:
AGREEMENT:
(a) The Direct Writing Company named above is bound as a surety to the Obligee(s) on the performance
bond described above, wherein the above described is the principal, for the protection of the
Obligee(s) on the contract described above. The Direct Writing Company has applied to the
Reinsuring Company named above to be reinsured and counter -secured in the amount shown
opposite the name of the Reinsuring Company (referred to as the "Amount of this Reinsurance"),
or for whatever amount less than the "Amount of this Reinsurance" the Direct Writing Company
is liable to pay under or by virtue of the performance bond.
ID-1175 (12/00) (NON -MILLER ACT) • PAGE 1 of 2
(b) For a sum mutually agreed upon, paid by the Direct Writing Company to the reinsuring Company
which acknowledges its receipt, the parties to this Agreement covenant and agree to the terms
and conditions of this agreement.
TERMS AND CONDITIONS:
a) The purpose and intent of this agreement is to guarantee and indemnify the Obligee(s) against
loss under the performance bond to the extent of the "Amount of this Reinsurance," or any sum
less than the "Amount of this Reinsurance" that is owing and unpaid by the Direct Writing Company
to the Obligee(s) under the performance bond.
b) If the Direct Writing Company fails to pay any default under the performance bond equal to or in
excess of the "Amount of this Reinsurance," the Reinsuring Company covenants and agrees to
pay to the Obligee(s) on the performance bond, the "Amount of this Reinsurance." If the Direct
Writing Company fails to pay to the Obligee(s) any default for a sum less than the "Amount of this
Reinsurance" the Reinsuring Company covenants and agrees to pay to the Obligee(s) the full
amount of the default, or so such thereof that is not paid to the Obligee(s) by the Direct Writing
Company.
c) If there is a default on the performance bond for the "Amount of this Reinsurance," or more, the
Reinsuring Company and the Direct Writing Company hereby covenant and agree that the
Obligee(s) may bring suit against the Reinsuring Company for the "Amount of this Reinsurance"
or, in the case the amount of the default is for less than the "Amount of this Reinsurance," for the
full amount of the default.
WITNESS:
The Direct Writing Company and the Reinsuring Company, respectively, have caused this Agreement
to be signed and impressed with their respective corporate seals by offices possessing power to sign this
instrument, and to be duly attested by officers empowered thereto, on the day and date above written
opposite their respective names.
DEVELOPERS SURETY AND INDEMNITY COMPANY
(Direc�t,Wri ng Company)
/ (�B : Attest:
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
AMERICAN RF4N$URANCE COMPANY
(ReinsiPa Y)
i
By: Attest: f
L-
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
ID-1175 (12/00) (NON -MILLER ACT) • PAGE 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On March 29, 2004 , before me, DEBRA K. BELL.NOTARY PunT.T(
PERSONALLY APPEARED CHRISTOPHER J. RIZZOTTI
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 acknowl-
edged 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.
�. DEBRA K. BELL
dJ Commission # 143008
(9 Notary Public - Californi
LOS A 9 LES Count
- .. , _
WITNESS my hand and official seal.
Signature Qd4�U� ae This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ii
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
r
X
p
ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Cindy L. Ridley, Cassie J. Berrisford, W. W. Jelks, Christopher J. Riuotti
its true and lawful Attomeys-in-Fact, at ..... _........................ Glendale ......._..,_...._,.,_._...in the State of........................................ Cali fornia..........................
th...._
each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings
given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations reletlng to sddt
bonds or undetakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of the_perwt
sum thereof in excess of the sum of
........ ..... .............._.......... ................ ............................. five.rnillion..... ....... ..._................._...... ..................... ...Dollars IB................... ....... 5,000,000.00......)
Such bonds and undertakings for said purposes, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as lf signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attomey(s)4n Fact is
authorized to act of ................... ............ J.une.30..20.04.............. ._......... ...... ............ ..
In Wjbte4s Wfiah ,AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereurko
dulye.sutitputeV,lintl yts Vrate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this.......... twenty-ninth _
day d.... October 20D3...... .
r
.. ................ at Princeton, N.J. f,, A
F _ qta Seal)
Dc Latt:,ct 1 4 �w
\i fjQbin Willx, Secretary
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
On the........ enty-nlnth..........day of.... .........Octob
Kevin M. McDermot
AMERICAN RE -INSURANCE COMPANY
Kevin M. McDermott, Vice President
before me personally came. ..... __ ........ __ ......... ................... .........................
.. to me known, who being by me duly swom did depose and say that he resides in
._ ..._... ............. ......... ....._. .-.-:.:. ............................... I...........
that he Is a Vice -President of AMERICAN RE -INSURANCE COMPANY the corporation described in and which executed the above instrument, that he knows the
seal of sajdGorp xation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation,
and tpejt heyslgr." his Itkme thereto by like order.
............ ........... ..r.- ............_.....
J)} Martha Nyquist, Notal Public /
CERTIFICATE
1UyF4(gx .Hh,Y lVIILJ LtbtA ss.:
Robin Willdox The undersigned ................................._........_......................................_.................._........................................................._._hereby certifies:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
hue and correct copy of mid original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attorneys -in -fad as deemed by
him necessary or desirable for the purpose of carrying on this Companys business, and to empower such agent or agents or attomey or attomeysin-fact to execute
and deliver, in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertaking made in the
course of this Company's insurance and reinsurance business, and renewals. extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating, or cancelling contracts or undertaking act made, or approving or consenting to the modification, alteration or assignment of -
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Committee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
-
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company_witt lhE same force and effect as though manually affixed."
,b: , ZDeJllironiiQned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
orfginalresolLLl!ons=ss sgreoorded and of the whole thereof.
Wdne'ss the haod'af the undersigned and the seal of said Corporation this ..._,_._ 2.9 t�i. ............... ................. .......... ..._.,.. ........,,,_, ....... ..day d
/ � i�
� 15
r, March, 2004 o.L....(ii/.....
AfYj (Coryorafe Seal)J Robin Willcox, Secretary
���. * ar/ ID-300940
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 197'S IRVINE. ( A9_fi21 1919)'-63-3100
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY :Ind INDEMNITY
COMPANY OF( ALIFORNI.A, doeach, hereby make, constitute and appoint
***Cindy L. Ridley, Cheryl Caiger, W.W. Jelks,Cassie J. Berrisford, Christopher J. Rizzotti, Debra Bell, Janet
L. Shaw, Scot Drake, jointly or severally***
as their title and Iaxvlid Attorney(+) -in -Fact- to make, execute, deliver and acknowietlge, to, ;in(] oil behalf of said corpolloons. as surelies. bonds. Unclertakinss
and contracts of moc",hip giving tad gl'nnling onto said AOonmy(s)-in-Fact full power and ;mlhority to do and to perfifrm every act necessary. requisite or propel'
to he done in connection therewith as each of said corporation. could do. hot IC'cl'v on, to each (it and cugmnvions full power of suhstionion and revocalion. and
all of file acts of said Allorney(s)-in-Fact. pursuant to these pie%cots. arc hereby ratified and confil'mcd.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following lesolotions adopted by the respective Board of Director's of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF C'ALIFORN IA. effective as of November I. 2000:
RESOLVED, that (lie Chairman of the Board. file Presidnn and any Vice Resident of the corporation be. and that each of them hereby is, authorized to
execute Powers of Allorney, qualifying the allot ncyfs) named in file Novels of,Mho ney to execute, on belt;lfofthe corporations, bonds. Undertakings and conn:KTs
of suretyship; and that the Secretary of illy Assistant Secretory (it tile colpolanons he. and each of then) Ilerehy is, authorized to attest the execution of any such
Power of At ornev:
RESOLVED. FURTI IER. that the sigmulores of such officers may he dBixed to any such Pmvu' of Allonsy or to ally eerllficatc relating Iheleto by
facsimile, and any such Power of Aaoincy or certificate hemoo, such facsimile signature, shall he Y:did and holding upon the corporation when so affixed and to
file finale with respect to any bond, whelertaking or cunll'ucl ofsurclyship in which it is allarhed.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY ('OMPANY OF CALIFORNIA have Severally carved
these Plesents to be signed by their respective ExCcallx'e Vice President and attested by their respective Secretary this Ist day of October, 2003.
By.
David H. Rhodes. Fveculni: Vice -President �•'F,tR AND Sr""OMP ANV 0�
yJP:•�pP ORgI`'r'y tiGGOPPOQ4�' 9
c es F
OCT. ':<-: z ? OCT.6 ° T
:m 10 in: W 1967
O P
9y. °
Walter A Crowell. Secretary ° 7 '••.. tow .d� ° 1, 9l IFOPk a
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On October I. 2003. before Ile. Dunne J, Kawata, personally appealed David H. Rhodes and Walter A. Crowell. personally known to Ine in proved to
RIC (1n the hasiS of salisPoCh ly evidence) to be the persons whose names are suhscrihed to the wition instrument and acknowledged to Inc that they execnled the
sane in their authorized capacities, and that by their signatures on the instrumnn the entity upon hch:dfof which The Persons acted. executed the instrument.
WITNESS my hand and official seal. oIANE J. KAWATA
0@--COMM.$1334746
Notary Public California
/•�/�\ ORANGE COUNTY
Slgnaftne L My Comm Expires JAN. 8, 2006
CERTIFICATE
The undersigned, as Senior Vicc-Piesident. Undenvrmine of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. does hereby certify that the foregoing Power of Allorney remains in full force and has not been invoked. and furthennore, that the provisions
of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate.
This C'crlificncisexended in the C'ilyof Irvine. Calilnrnia. file 291:1tlaycf _-March 2004
By C-) (---- _ —Y
Wesley W. Cowm_ li'.. enioi Vice -President. Undemi g
ID-1390 (Rev. 101)3)
T'HE
�raou�a
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
mho Fitch, suite 200
Irvine, CA 92614
(949) 263 3300
www.InseoDloo.com
ID-1498 (Rev. 4/03)
s"C-02 INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
'nsCC&CO
dp Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
BOND NO. 837580S
$ 13,880.00 premium is for
a term of TWO vear(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY T14ESE PRESENTS:
That we, VERDEMONT 33, LLC , as Principal,
and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
THE CITY OF SAN BERNARDINO
as Obligee, in the sum cf SIX HUNDRED NINETY FOUR THOUSAND AND NO/100--- —--------------------- —-----------------------------
------------------- ------------------------------------------- 694.000.00
---------""'- ($ )Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.13630 ,
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at GLENDALE
California, this 29TH
"PRINCIPAL"
VERDEMONT 33. LLC
ID-1266 (CA) (REV. 1/01)
day of MARCH
MR
2004
YEAR
AND INDEMNITY COMPANY
Attorney -in -Fact
4G C ■�■ INSCO INSURANCE SERVICES, INC.
'nsC{jCC3 underwriting Manager for:
L/ Developers Surety and Indemnity Company • Indemnity Company of California
( MIJF 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
REINSURANCE AGREEMENT FOR A PERFORMANCE BOND
Date of Bond: MARCH 29, 2004
Direct Writing Company (name and address):
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92614
Date Direct Writing Company
Executes this Agreement: MARCH 29, 2004
Penal Sum of Bond: $ 694,000.00
Reinsuring Company (name and address):
AMERICAN RE -INSURANCE COMPANY
555 COLLEGE ROAD EAST
PRINCETON, N.J. 08543
Amount of this Reinsurance: $ 694,000.00
Date Reinsuring Company
Executed this Agreement: MARCH 29, 2004
Obligee(s) on Bond (name and address):
THE CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
Description of Contract:
SUBDIVISION IMPROVEMENTS FOR TRACT 13630
Principal (name and address):
VERDEMONT 33, LLC
20700 VENTURA BLVD., SUITE 200
WOODLAND HILLS, CA 91364
State of Incorporation:
AGREEMENT:
Bond No. 837580S
State of
Incorporation: IOWA
State of
Incorporation: DELAWARE
(a) The Direct Writing Company named above is bound as a surety to the Obligee(s) on the performance
bond described above, wherein the above described is the principal, for the protection of the
Obligee(s) on the contract described above. The Direct Writing Company has applied to the
Reinsuring Company named above to be reinsured and counter -secured in the amount shown
opposite the name of the Reinsuring Company (referred to as the "Amount of this Reinsurance"),
or for whatever amount less than the "Amount of this Reinsurance" the Direct Writing Company
is liable to pay under or by virtue of the performance bond.
ID-1175 (12/00) (NON -MILLER ACT) • PAGE 1 of 2
(b) For a sum mutually agreed upon, paid by the Direct Writing Company to the reinsuring Company
which acknowledges its receipt, the parties to this Agreement covenant and agree to the terms
and conditions of this agreement.
TERMS AND CONDITIONS:
a) The purpose and intent of this agreement is to guarantee and indemnify the Obligee(s) against
loss under the performance bond to the extent of the "Amount of this Reinsurance," or any sum
less than the "Amount of this Reinsurance" that is owing and unpaid by the Direct Writing Company
to the Obligee(s) under the performance bond.
b) If the Direct Writing Company fails to pay any default under the performance bond equal to or in
excess of the "Amount of this Reinsurance," the Reinsuring Company covenants and agrees to
pay to the Obligee(s) on the performance bond, the "Amount of this Reinsurance." If the Direct
Writing Company fails to pay to the Obligee(s) any default for a sum less than the "Amount of this
Reinsurance" the Reinsuring Company covenants and agrees to pay to the Obligee(s) the full
amount of the default, or so such thereof that is not paid to the Obligee(s) by the Direct Writing
Company.
c) If there is a default on the performance bond for the "Amount of this Reinsurance," or more, the
Reinsuring Company and the Direct Writing Company hereby covenant and agree that the
Obligee(s) may bring suit against the Reinsuring Company for the "Amount of this Reinsurance"
or, in the case the amount of the default is for less than the "Amount of this Reinsurance," for the
full amount of the default.
WITNESS:
The Direct Writing Company and the Reinsuring Company, respectively, have caused this Agreement
to be signed and impressed with their respective corporate seals by offices possessing power to sign this
instrument, and to be duly attested by officers empowered thereto, on the day and date above written
opposite their respective names.
DEVELOPERS SURETY ANID INDEMNITY COMPANY
(Direct Writing ompa )
By:
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
AMERICAN RE -INSURANCE COMPANY
(Reinsuring Co m ny)
By.
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
Attest: 4d //Y �/�
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
Attest:
C�
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
ID-1175 (12100) (NON -MILLER ACT) • PAGE 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On March 29, 2004 before me, DEBRA K. BELL -NOTARY PURT.Til.
PERSONALLY APPEARED CHRISTOPHER J. RIZZOTTI
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 acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature (� Y l��-�._ C L L o
OPTIONAL
DEBRA K. BELLt
u� Commission # t 430084''
rar Notary Public - California M
-j LOS ANGELES County
My Comm ExpmJUL 30, 2007
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Cindy L. Ridley, Cassie J. Berrisford, W. W. Jelks, Christopher J. Riuotti
its true and lawful Attomeys-In-Fact, at...... ........_......_........ Glendale _............ _,,........... in the State of..... ...... ..........._._.............. California
each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings
given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relaftfrg to such
bonds or undetakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of Bra penal
sum thereof in excess of the sum of
........ .... ....... ... ...... ......... ........ ...... .._.......................... five.million........ .............. ................................... _........Donars(5............_............5,000,000.00......I
Such bonds and undertakings for said purposes, when duly executed by said Attorney(s}in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
271h day of August, 1975, a copy of which appears below.
This power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attomey(s}in Fact is
authorized to act of................................ June.30..2.004.................................... ..._......
In ifi"ss Whereot,,AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereurrM
dul"utngdtEif,sandits - rate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ...... twenty-ninth -
Ctober, 2003 .........................
day �,,.�...� ....�............................................... a[ Princeton. N.J.
Oe Seal) Nr \ 1
AMERICAN RE -INSURANCE COMPANY
By.Q QyCy
Robin Willox, Secretary
Kevin M. McDermott, Vice President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX SS.:
On the ._.._.twenty-nlnth..........day of........._.. October, 2003 ......................... before me personally came....................................................................................
........... .......... to me known, who being by me duly sworn did depose and say that he resides in
........ .. ........ ............... .............. ............. Newtown, Penn"Ivania........ . .................
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows Ore
seal of saidDboporafon, that the seal aOaed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and
tW 1jpiQn4jhis'name thereto by like order.
(Notagal Seal) ,,} .. ` I 1 Martha Nyquist Notar�ublic /
CERTIFICATE
SS.:
rxwar vouwz
e undersigned .................................. ......... ..........................._..........._....................... ....................... ......... ....................... .... herebycem es:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of mid original power of attorney and of the whole thereof,
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
'RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attomeys-in-fact as deemed by
him necessary or desirable for the purpose of carrying on this Companys business, and to empower such agent or agents or attorney or attorneys -in -fact to execute
and deliver, in this Companys name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertaking made in the
course of this Companys insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating, or cancelling contracts or undertaking so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive - -
Committee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation or any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature andseak..
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company-withCompany-withlbit same force and effect as though manually affixed."
,6:..�RejyTe ned has compared the foregoing copies of said original resolutions as so recorded and they are the same true and correct copies of said
original resgtitosl;z s recoded and of the whole thereof. 29 th
-SWitnessthehaodrof Uig undersigned andtheseal ofsaid Corporation this ..._.....__. _.._....... .. ........ .......... .................. ....... ......... ................ day of
March, 2004........ T)c.L
........................
�tf`(rnmoet s/I Robin Willcox, Secretary
" .
..`'G.K.�fQ..-.
ID-3009-37
4NIF� INSCO INSURANCE SERVICES, INC.
'nSC,{•/1Cc3 Underwriting Manager for:
����� Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Suite 200 • Irvine, California 92614 • 1949) 263-3300 g376805
BOND NO.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, VERDEMONT 33, LLC
and Developers Surety and Inden
laws of the State of IVwA
as Surety, are held and firmly bound unto
THE CITY OF SAN BERNARDINO
PREMIUM INCLUDED
IN PERFORMANCE BOND.
, as Principal,
_, a corporation organized and doing business under and by virtue of the
duly licensed to conduct a general surety business in the State of California
as Obligee, in the sum of THREE HUNDRED FORTY SEVEN THOUSAND AND NO/1
""'-------------------------------------------------------- (g o,,,uuu.uu ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF SAN BERNARDINO
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 13630 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that iftheabove Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of Califomia as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or famishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at GLENDALE
California, this 29TH
"PRINCIPAL"
VERDEMONT 33, LLC
day of MARCH
DEVELOPERS
2004
YEAR
ITY COMPANY
Attorney -in -Fact
10-1265 (CA) (REV. 1/01)
4G99 INSCO INSURANCE SERVICES, INC.
inscc�j^O Underwriting Manager for:
`gyp Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
REINSURANCE AGREEMENT FOR A PAYMENT BOND
Date of Bond: MARCH 29, 2004
Direct Writing Company (name and address):
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92614
Date Direct Writing Company
Executes this Agreement: MARCH 29 2004
Penal Sum of Bond: $ 347,000.00
Bond No. 837580S
State of
Incorporation: IOWA
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a a a a a■■ a a a a a a a a a a a a a a a a a a a a a a a a
Reinsuring Company (name and address):
AMERICAN RE -INSURANCE COMPANY
555 COLLEGE ROAD EAST
PRINCETON, N.J. 08543
Amount of this Reinsurance: $ 347,000.00
Date Reinsuring Company
Executed this Agreement: MARCH 29, 2004
State of
Incorporation: DELAWARE
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Obligee(s) on Bond (name and address):
THE CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
Description of Contract:
SUBDIVISION IMPROVEMENTS FOR TRACT 13630
.aa a s aaaaaa a a a 000aaa0aa00a0a Aaaa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
Principal (name and address):
VERDEMONT 33, LLC
20700 VENTURA BLVD., SUITE 200
WOODLAND HILLS, CA 91364
State of Incorporation:
AGREEMENT:
(a) The Direct Writing Company named above is bound as a surety on the payment bond described above,
wherein the above described is the principal, for the protection of all persons supplying labor and material
on the contract described above. The Direct Writing Company has applied to the Reinsuring Company
named above to be reinsured and counter -secured in the amount above opposite the name of the Reinsuring
Company (referred to as "Amount of this Reinsurance") or for whatever amount less than the "Amount of
this Reinsurance" the Direct Writing Company is liable to pay under or by virtue of the payments bond.
(b) For a sum mutually agreed upon, paid by the Direct Writing Company to the Reinsuring Company which
acknowledges its receipt, the parties to this Agreement covenant and agree to the terms and conditions of
this agreement.
ID-1176 (12/00) (NON -MILLER ACT) • PAGE 1 of 2
TERMS AND CONDITIONS:
The purpose and intent of this agreement is (a) to guarantee and indemnify the persons who have furnished or
supplied labor or material in the prosecution of the work provided for in the contract described above (hereinafter
referred to as "laborers and materialmen"), against loss under the payment bond to the extent of the "Amount of
this Reinsurance," or for any sum less than the "Amount of this Reinsurance," that is owing and unpaid by the Direct
Writing Company to the "laborers and materialmen" on the payment bond; and (b) to make the "laborers and
materialmen" obligees under this Reinsurance Agreement to the same extent as if their respective names were
written herein.
THEREFORE:
1. The Reinsuring Company covenants and agrees -
(a) To pay the "Amount of this Reinsurance" to the "laborers and materialmen" in the event of the Direct
Writing Company's failure to pay to the "laborers and materialmen" any default under the payment
bond equal to or in excess of the "Amount of this Reinsurance"; and
(b) To pay (1) the full amount to the "laborers and materialmen," or (2) the amount not paid to them
by the direct Writing Company; in case the Direct Writing Company fails to pay the "laborers or
materialmen" any default under the payment bond less than the "Amount of this Reinsurance."
2. The Reinsuring Company and the Direct Writing Company covenant and agree that, in the case of default
on the payment bond for "Amount of this Reinsurance," or more, the persons given a "right of action' or a
"right to sue" on the payment bond may bring suit against the Reinsuring Company or, if the amount of the
default is for less than the "Amount of this Reinsurance," for whatever the full amount of the default may
be. It is expressly understood by the parties that the rights, powers, and privileges given in this paragraph
to persons are in addition to or supplemental to or in accordance with other rights, powers, and privileges
which they might have under the statutes of the United States, any States, or the other laws of either, and
should not be construed as limitations.
3. The Reinsuring Company and the Direct Writing Company further covenant and agree that the Reinsuring
Company designates the process agent, appointed by the Direct Writing Company in the district in which
the contract is to be performed and executed, as an agent to accept service of process in any suit instituted
on this Reinsurance Agreement.
4. The Reinsuring Company and the Direct Writing Company further covenant and agree that this Reinsurance
Agreement is an integral part of the payment bond.
WITNESS:
The Direct Writing Company and the Reinsuring Company, respectively, have caused this Agreement to be signed
and impressed with their respective corporate seals by officers processing the power to sign this instrument, and
to be duly attested to by officers empowered thereto, on the day and date in Item 1 A written opposite their respective
names.
DEVELOPERS SURETY AND INDEMNITY COMPANY
(Direct Writing orwafw '
By:
i
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
AMERICAN-RE INSURANCE COMPANY
(Reinsuring C pany)
BY: <
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
Attest:
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
�. Attest:
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
ID-1176 (12/00) (NON -MILLER ACT) • PAGE 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On March 29, 2004 , before me, DEBRA K. BELL NOTARY PtiBT.T(
PERSONALLY APPEARED CHRISTOPHER J. RIZZOTTI
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 acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature 'd c < <' tT _W
OPTIONAL
DEBRA K. BELL
n Commission # 1430084
C Notary Public - California
L C ANGELES County
i My Comm ExplresJUL 30, 2007
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 CoileW Road
East, Princeton, N.J. 05543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Cindy L. Ridley, Casale J. Berrisford, W. W. Jelks, Christopher J. Rizzotti
its true and lawful Attomeys-in-Fact, at ........ ......... ....... Glendale ...................... _........ in the State of ....... ............................. ..... Ga. llfornia
each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings
given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such, -
bonds or undetakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of the penal
.
sum thereof in excess of the sum of -
.................... ........_.............._..._................................. five.million._........._.............. ....................................... Dollars (5............. .........
...5,000,000.00_....)
Such bonds and undertakings for said purposes, when duly executed by said Attomey(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attomey(s)-in Fad is
authorized to act of .............................. ..J.uric..a9,.29.04....... ................. - ...... ...............
In Olmus`Wfiereof,,AMERICAN RE -INSURANCE COMPANY has mused these presents to be signed by its President or one of its Vice -Presidents hereunto
dult,eutlkoP4Bd,j3nif ijs�er�rate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ....... twenty-ninth ,,,_.,.
daV oh,•..-'":-".+.,:..Oc[obe ,2g03_................................ of Princeton, N.J.
:90orate Seal) r^ \
AMERICAN RE -INSURANCE COMPANY
U 1Atr �'t +t
ttesf7....'............................................. y.... . . ...............
RRbin Will x, Secretary Kevin M. McDermott, Vice President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX SS.:
On the .._....twenty:ninth......... day of........... October, 2003.._.... ._..._._..... before me personally came....................................-..............................................
,.........I ..._.. Keyln M. McDermott ....................................... to me known, who being by me duly sworn did depose and say that he resides in
.... ... ...... ............. ....... ....Newtown, P.e..nnsYlvania......... ................... ............................. ..... .. ..........
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the
seal of m4Cwporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation;
and (prat`"spnedi his`name thereto by like order.
(Notamil Seat) 1 �� J
I ( a Nyquist Note Public
CERTIFICATE
;Q)UNjy, {.L WgU LtStX SS.:
Robin Willcox ........hereby cerfifies: -
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the onginal power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and coned copy of saitl original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the - -
Vice Presidents, be and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attomeys-in-fad as deemed by
him necessary or desirable for the purpose of carrying on this Companys business, and to empower such agent or agents or attorney or attomeys4n-fad to execute
and deliver, in this Companys name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as -.
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertaking made in the
course of this Companys insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating, or cancelling contracts or undertaking so made, or approving or consenting to the modification, alteration or assignmentgf -
agreements or specifications referred to in contracts or undertakings so made.
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive -
Committee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and.. _
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal.
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the: -
Compa�with.tbg same force and effect as though manually affixed." -
8 Its,,?r�dersiQned has compared the foregoing copies of said original resolutions as so recorded and they are the same true and correct copies of said
grlg(naksgkdLoiistes sb,recorded and of the whole thereof.
*jtnim thii Fang of the undersigned and the seal of said Corporation this ....... 29 th .. .....day of
r
✓'�
,Y
t� \`(Corporateeal)
March, 2004
Robin Willcox, Secretary
10.3009-38
UN(A INSCO INSURANCE SERVICES, INC.
insc%1Cc3 Underwriting Manager for:
�pO�� Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS
BOND NO.: 837580S
Premium included in Performance Bond
THAT we, VERDEMONT 33, LLC , as Principal,
and DEVELOPERS SURETY AND INDEMNITY COMPANY , a corporation organized and doing business under
and by virtue of the laws of the State of IOWA and duly licensed to conduct surety
business in the State of California, as Surety, are held and firmly bound unto
THE CITY OF SAN BERNARDINO
as Obligee, in the sum of ONE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED AND NO/100 -----------------
($ 173,500.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
SUBDIVISION IMPROVEMENTS FOR TRACT 13630
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact
29TH day of MARCH 2O04
YEAR
VERDEMONT 33, LLC
Principal
DEVELOPE RETY AND INDEMNITY COMPANY
BY:
CTWrOPHER J. RIZZOTTI Attomey-in-Fact
0-1201 (CA) (One Year Term) (REV. 3/01)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1972s. I RV I N E. C'A 9262 a t 9q9) 263-3100
KNOW ALL MEN BY THESE PRESENTS. that except as expressly Iiotilcd. DEVELOPERS SURETIAND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. hereby make, constitute and appotnr
***Cindy L. Ridley, Cheryl Caiger, W.W. Jelks,Cassie ]. Berrisford, Christopher J. Rizzotti, Debra Bell, Janet
L. Shaw, Scot Drake, jointly or severally***
as their true and lawfid Atiorney(s)-in-Fact, to make, execute. delm el' and acknowledge, ha and on behalf of said COIPorolionS, as sureties. bonds. undertakings
and COtItIdCis of Suretvship giving :rod gruttirg unto said Atoaacy(s)-m-Fact till power and aullim ly to do;rod to perform every act necessary, requisite or proper
to he done in conneclion Otcimith as each Of said corpolaronv could do. hill rcael'eine to each of a:dd corporations full power of suhstitotwo and Oevoculion. and
all (If [tic acts of smd Allorncy(s)-m-Fact, Pursuant in these prescnls. are hereby miffed and confirli
This Power of Attorney is gemmed and is signed by facsimile under and by authority of the t'oIlow iag resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF C'ALIFORNIA, effective as of November I. 2000:
RESOLVED, that the Chairman of the Board. the President and any Vice Picsidcnt of the corpoialioo be. aid that each of them hereby is. authorized to
CxCCule Powers of AtlOnwy, qualifying the ultomey(s) named in the Powers of AOorney tO cxecule. on hehal(of the enptmninns. hoods undertakings word contracts
of SLIROVShiP: and that the Secretory or nay Assislanl Secretary of the corporations he. and each of them hereby is, authorized to attest the execution of any such
Power nt Attomev.
RESOLVED. FURTHER, that the signaures of such officers alav he affixed to ansuh Powr o y cef Attorney of to any certificate relating thereto by
Iacsiotile. and any such Power of Atorney or certificate heating such facsimile sigtu nares Shall he valid Mid binding upon the corporationaffixed when So and in
IIIC fl1lnl'C with respect as any hoed- unda'laking or colloact ofrurctyahip lu which it is allachcd.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have Severally caused
These presents to be signed by their respective Executive Vice Piesideol and attested by their respective Secretary (his I si day of October. 20013
By.
David H. Rhodes, Executive Vice-Piesideal •••�ZV.•AND j*;O.,O�,P AN yO�
,•yJQ;. OpPORgr F,'Y2 A.GDPCi PORgr 9
C� iyio F : in: = F r
10 = W 1967 Z
By : Wa Iter A. Crowell Secret:u'y-O�'7n'••.. /DWP :�.dD �• �'Gi cq/IFpP�xPa
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
Ohl October I. 2003. before me, Diane I. Kawata, personally appeared Daviel H. Rhodes and Walter A. Crowell, personally known to me for proved to
ow on the basis of satisfactory evidence) to be the persons whose rallies are Suhsetihed hr the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the mairunent the coolly upon hchalf of which (he persons acted, executed the instrument.
WITNESS my hand and official .veal. �� DIANE J. KAWATA
0 "MM. N 1334746
Notary Public - Caldornia
` ORANGE COUNTY
S1,N)MUIC My Comm Expires JAN. 8, 2006
CERTIFICATE
The undersigned, as Satior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY anti INDEMNITY COMPANY
OF CALIFORNIA. does hereby certify that the foregoing Prover of Attorney Icraaa s in full force and has not been revoked. and huthermome. that the provisions
of the resolutions of the respective Boards of Director's of said corporations set forth in the Power of AOomey, are in force as of Ilse date of this Certificate.
This Ccrtificalc is executed in lltc C'ily Ol heroes Culifiarnia. the 29thdioot March _,2004
By '�'� 1
Wesley W. Cowling' enior Vice-PI'esideol. Uaderwri a c
ID-1381)(Rcv. 10/01)
VD�M
inscghico
(gip
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17760 Fitch, suite 200
Irvine, CA 92614
(949) 263 3300
w JnscoDlco.com
ID-1498 (Rev. 4/03)
TTZM
InscqhICO
�p
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law. -
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
ww Jmcoolcoxom
I0-1498 (Rev. 4/03)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 197_5, I RV I N E. C'A 9'_623 (949) 263-3 a00
KNOW ALL MEN BY THESE PRESENTS, that excepl as expressly li toiled. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF ('ALIFORNI.A, do each, hereby make, constitute and appoint:
***Cindy L. Ridley, Cheryl Caiger, W.W. Jelks,Cassie J. Berrisford, Christopher J. Rizzotti, Debra Bell, Janet
L. Shaw, Scot Drake, jointly or severally***
as their tine and Iawtid AtIoney(s)-in-Fact, In make, execute. deliver and acknowledge. lit and on behalf of said corporations, as sureties, bonds, undertakings
and comracs of suretyship giving and granting unto said Alloiney(O-in-Fact till power and authority to do and to perform evny act necessary. requisite of proper
to be cone in conncciion therewith as each of said corporations could do. but reserving to each of said coipoialions full power of suhslilulion and revocation. and
;ill of the acts ol'said Atlorncy(s)-in-Fact pursuant W Ihcsc presenls, arc hereby rnilicJ :md eontinocd.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY grid INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1.2000:
RESOLVED. that the Chairman of the Board. Ih< President and any Vice President ol'the corporation he and toll each ot'lhcm hereby is.:mthorized to
execute Powa's ofAltomcy, qualifying the attorneyp'1 named in the PoIveis of Attorney to execute, on behulfofthe corporations, bonds. undalokings and eontaacts
of suretyship: and Ihal the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, aulhorized to attest the execution of any such
Power ot'Atornev:
RESOLVED. FURTHER. that the signatures Of Such Officeix nary he :dosed to any Such Power of Altorney or to any certificate relating thereto by
facsimile told ally such Poas'aof Altorney or certificate hearing Such Facsimile signanaes shall he valid and binding upon the corpa':ninn when ar afTixed gout in
the fiuure with icspecl litany boneL uncleitiking or Contact of suretyship In which it iS allached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY ('OMPANY and INDEMNITY COMPANY OF CALIFORNIA have Severally caused
these presents to he signed by their respective Executi,e Vice President and attested by their respective Secretary this Isl day of Oclobec 2003.
BY •':� SND PANV
David H. Rhodes. Executive Vice-PreA
Vice -President.... ,,.. N.t.• Np'''., OM O
pP Oq..... F,i Z' OPP OR4 T
:0iG0 41�,;y:
OCT. •i<_ 2 = OCT.5 ° T'
70 to W 1967
By: °j°:• 1936 %3i 02 p xP 2
Waller A. Crowell, Secretary %r'q.:'•.../OWN •ia.+' •4(/FID 'a
STATE OF CALIFORNIA 1
)SS.
COUNTY OF ORANGE 1
On Ocloher I. 2003. before me, Diune.l. Kawota, personally appeared David H. Rhodes and Walter A. ( rowell. personally known to me lot proved to
me on the basis of satisfactory evidence) to he the parsons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities. and that by their signatures on the inSlrmnenl the entity upon hch;df ofwhich the persons acted, executed the instnnment.
WITNESS nay hand and official seal, Y� DiANEJ.KAWATA
G COMM.1334746
Notary i- California
ORANGE COUNTY �
Signature My Comm. Expires JAN. 6, 2006
CERTIFICATE
The undersigned, as Senior Vice -President. Undcivtw ng of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force mad has not been revoked. and fuHhennore. that the provisions
of the resolutions of the respective Boards of Directors of said coqumattons set fifth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. Califi ma. the 29th day (It ' March . 2004
By P40� (D
Wesley W Cowling, enior Vice -President. Underwii g
ID-1380(Rev. 10/03)
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Cindy L. Ridley, Castile J. Berrisford, W. W. Jelks, Christopher J. Rizzotti
its true and lawful AttomeysAn-Fact. at........ .......................Glendale .............................. in the State of ........ . ................... ............. Ca. lifornia..... ...........................
each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Cc -surely, bonds and undertakings
given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such
bonds or undetakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of the penal
sum thereof in excess of the sum of
....... .... ............. ........ ......... -.......................................... five.million........ ____ ...................... .............................. Dollars (s...._................. _5,000,000.00......
Such bonds and undertakings for said purposes, when duly executed by said Attomey(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attomey(s}in Fact is
authorized to act of.. ..............................J.u0a.d9, 24V9...............................-..._........-
In WJfness Wfie7eo AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereunto
dulputYtpri3pii,4ntl4ts porate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this.......... twenty-ninth .
da�yyp�t .rir-OCtOberA 2003.................................. at Princeton. N.J.
(Cg(liya'te Seal) r;N.
AMERICAN RE -INSURANCE COMPANY
N fy
Anew L�e�o..........
By_
fpbin Will x, Secretary - Kevin M. McDermott, Vice President
�`"•
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
On the ........twenty-ninth.......... day, of,
.............Ocfober,.2003...,........................... before me personally came. ... ......................... ....... ............ .......... ..........................
..... ,.,,,,,,,_............ .......... ....,,.,.,,,,,,, Kev,(n M.. OPPermott_...._.. to me known, who being by me duly sworn did depose and say that he resides in
................................. .... ....... ....................... ........................ I ...... ............. .. NewtGwn,. P.9.nngY.1.vanid............. .......... ................. ......................... ....................
...
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the
seal of saj�porafion, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation,
antl tjret}h"nifo hri me thereto by like order.
!-
(Notatarial Beall 1}" ....... "_....... r...... .........
Martha Nyquist, Notarubhi
(
J CERTIFICATE
:;UYN3,X ,HF,,AfflUyLtbI=X ss.:
The undersigned ............ ................ ........ ........................_.................... ...... Robin. Willcox .._....._....._................................ ...... .._...._..hereby certifies:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of said original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975. and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attomeys-in-fact as deemed by
him necessary or desirable for the purpose of carrying on this Company's business, and to empower such agent or agents or attorney or attomeys-in-fact to execute
and deliver. in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertaking made in the
course of this Companys insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating, or cancelling contracts or undertaking so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Committee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company,wilhlgg, same force and effect as though manually affixed."
,.fr ,;� ejlr�fersigoed has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
origipalre�luQons;4s so recorded and of the whole thereof.
•�Wilness the Fagd&the undersigned and the seal of said Corporation this.... .................. 29Yh . ...,...........,...,........day of
March, 2004
.............
fCorporsle Sea
Robin Willcox, Secretary
13
ID-3009-39
ITH14 INSCO INSURANCE SERVICES, INC.
'nsc%cq Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
www.InscoDico.com
BOND NO. 837581S
$ 214.00 premium is for a
term of TWO vear(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, VERDEMONT 33, LLC
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TRACT 13630
; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal, and the DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200, IRVINE, CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO
the sum of
TEN THOUSAND SEVEN HUNDRED AND NO/1
10,700.00
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
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.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terns of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on MARCH 29TH 20 04
Principal Surety
VERDEMONT 33, LLC DEVELOPERS SURETY AND INDEMNITY COMPANY
to
ID-1416 (CA) (7/01)
VN9 INSCO INSURANCE SERVICES, INC.
insc%C0 underwriting Manager for:
I�p��p Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 - (949) 263-3300
REINSURANCE AGREEMENT FOR A PERFORMANCE BOND
Date of Bond: MARCH 29. 2004
Direct Writing Company (name and address):
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92614
Date Direct Writing Company
Executes this Agreement: MARCH 29, 2004
Penal Sum of Bond: $
Bond No. 837581S
State of
Incorporation: IOWA
a a ■ ■ ■ a a a a a a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a a ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■
Reinsuring Company (name and address):
AMERICAN RE -INSURANCE COMPANY
555 COLLEGE ROAD EAST
PRINCETON, N.J. 08543
Amount of this Reinsurance: $ 10,700.00
Date Reinsuring Company
Executed this Agreement: MARCH 29, 2004
State of
Incorporation: DELAWARE
a a a a a a a a a a a a a a a a a a a■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
Obligee(s) on Bond (name and address):
THE CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
Description of Contract:
MONUMENTATION BOND FOR TRACT 13630
■ a a a a a a a a a a a a a a a a■ a a a n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
Principal (name and address):
VERDEMONT 33, LLC
20700 VENTURA BLVD., SUITE 200
WOODLAND HILLS, CA 91364
State of Incorporation:
AGREEMENT:
(a) The Direct Writing Company named above is bound as a surety to the Obligee(s) on the performance
bond described above, wherein the above described is the principal, for the protection of the
Obligee(s) on the contract described above. The Direct Writing Company has applied to the
Reinsuring Company named above to be reinsured and counter -secured in the amount shown
opposite the name of the Reinsuring Company (referred to as the "Amount of this Reinsurance"),
or for whatever amount less than the "Amount of this Reinsurance" the Direct Writing Company
is liable to pay under or by virtue of the performance bond.
0-1175 (12/00) (NON -MILLER ACT) • PAGE 1 of 2
(b) For a sum mutually agreed upon, paid by the Direct Writing Company to the reinsuring Company
which acknowledges its receipt, the parties to this Agreement covenant and agree to the terms
and conditions of this agreement.
TERMS AND CONDITIONS:
a) The purpose and intent of this agreement is to guarantee and indemnify the Obligee(s) against
loss under the performance bond to the extent of the "Amount of this Reinsurance," or any sum
less than the "Amount of this Reinsurance" that is owing and unpaid by the Direct Writing Company
to the Obligee(s) under the performance bond.
b) If the Direct Writing Company fails to pay any default under the performance bond equal to or in
excess of the "Amount of this Reinsurance," the Reinsuring Company covenants and agrees to
pay to the Obligee(s) on the performance bond, the "Amount of this Reinsurance." If the Direct
Writing Company fails to pay to the Obligee(s) any default for a sum less than the "Amount of this
Reinsurance" the Reinsuring Company covenants and agrees to pay to the Obligee(s) the full
amount of the default, or so such thereof that is not paid to the Obligee(s) by the Direct Writing
Company.
c) If there is a default on the performance bond for the "Amount of this Reinsurance," or more, the
Reinsuring Company and the Direct Writing Company hereby covenant and agree that the
Obligee(s) may bring suit against the Reinsuring Company for the "Amount of this Reinsurance"
or, in the case the amount of the default is for less than the "Amount of this Reinsurance," for the
full amount of the default.
WITNESS:
The Direct Writing Company and the Reinsuring Company, respectively, have caused this Agreement
to be signed and impressed with their respective corporate seals by offices possessing power to sign this
instrument, and to be duly attested by officers empowered thereto, on the day and date above written
opposite their respective names.
DEVELOPERS SURETY AND INDEMNITY COMPANY
(Direct Writing Company)
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
AMERICAN RE -INSURANCE COMPANY
(Reinsuring Company)
By: Z
/
i
CHRISTOPHER J. RIZZOTTI, ATTORNEY -IN -FACT
(Name and Title)
Attest:,l/ r
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
Attest: �� (;�
W.W. JELKS, ATTORNEY -IN -FACT
(Name and Title)
ID-1175 (12/00) (NON -MILLER ACT) • PAGE 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On March 29, 2004 , before me, DEBRA K. BELL NOTARY PITRT.Tr.
PERSONALLY APPEARED CHRISTOPHER J. RIZZOTTI
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 acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature( �C/ L
.. - DE K. BELL
12 Commission # 1430084 r
� Notary Public - California M
J LOS ANGELES County
My Comm Expm JUL 30, 2007
OPTIONAL
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT