HomeMy WebLinkAbout2003-068
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RESOLUTION NO, 2003-68
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 15407, LOCATED ON THE SOUTHEAST CORNER OF IRVINGTON
AND OLIVE AVENUES, 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. 15407, located on the southeast corner of Irvington Avenue and Olive Avenue, 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 the subdivision improvement agreement with
University Heights Country View Estates, LLC, by Century Crowell Communities, L.P., a
California Limited Partnership and Century Homes Community, a General Partnership, and
Olive Crest LLC, a California Limited Liability Company, 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
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2003-68
RESOLUTION....APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15407....ACCEPTING THE PUBLIC DEDICATIONS....AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT....WITH TIME FOR
PERFORMANCE SPECIFIED
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 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.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
III
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2003-68
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RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO,
15407...ACCEPTING THE PUBLIC DEDICATIONS....AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT....WITH TIME FOR
PERFORMANCE SPECIFIED,
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt.
and Common Council of the City of San Bernardino at a reg,
meeting thereof, held on
the 17 thday of March
, 2003, by the following vote, to wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
x
x
LONGVILLE
x
MC GINN IS
x
DERRY
x
SUAREZ
ANDERSON
x
MC CAMMACK
x
City ClerQLe.-~.-L CL,~
'---
The foregoing resolution is hereby approved this I G11 " day of March
2003. '1
Approved as to
Form and legal content:
(
( / " , c
"-,J [C {. ("--
Ju,dith'Valles, Mayor
jty of San Bernardino
JAMES F. PENMAN,
City Attorney
By: L 7.f~
o
2003-68
City of San Bernardino, California
Department of Public Works, Division of Engineering
.
TRACT. NO. 15407
TRACT NO. 15407
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VICINITY
MAP
N. T.S.
2003-68
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AGREEMENT '.
(Subdivision Improvements)
3 THIS AGREBMBN'r is made and entered into as of this :; 5"Tb
4 day of ..A _Ct.V.~bt;4:
(j
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
University Heights Country View Estates, LLC and
Olive Crest LLC
, 19')()()'::' by and between the CITY OF SAN
"City", and
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, hereinafter
referred to as "Subdivider".
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RECITALS
A.
WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called "map")
11 entitled
Tract No. 15407 Lots 1-107
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: and, Lot A
B.
WHEREAS, the map has been filed with the City for
presentation to the City Council (hereinafter called "Council")
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f the City for its approval, which map is hereby referred to and
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incorporated herein: and,
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C.
~, Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, highways or public ways and public utility
aci1ities which are a part of, or appurtenant to, the
ubdivision (hereinafter called "subdivision") designated in the
ap, all in accordance with, and as required by, the Plans and
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pecifications for all or any of said improvements in,
ppurtenant to, or outside the limits of subdivision, which Plans
nd Specifications are now on file in the Office of the City
ngineer of the City; and,
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D.
WHEREAS, Council has approved said map and accepted
3 the dedications therein offered, or some thereof, on condition
4 that Subdivider first enter into and execute this Agreement with
5 the City: and,
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E.
WHEREAS, This Agreement is executed pursuant to the
7 provisions of the Subdivision Map Act of the State of California
8 and Title 19 San Bernardino Municipal Code.
9 NOW THEREFORE, for and in consideration of the approval of
10 the map and of the acceptance of the dedications, or some
11 thereof, therein offered and in order to insure satisfactory
12 performance by Subdivider of Subdivider's obligations under said
13 Subdivision Map Act and said Ordinance, the parties agree as
14 follows:
15 1. Performance of Work. Subdivider will do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to the satisfaction of the City Engineer of City,
19 the work and improvements ..,ithin (and/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places end Grades 1:0 be Fued by Engineer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
BAS/mgl[Subdivimp.Agr] 2
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2 said City Engineer.
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3.
Work:
'1'ime for Commencement and Performance.
City
4 hereby fixes the time for the completion of said work to be
5 wi thin
1--;Yea1" 24 months
from the date hereof.
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4. '1'ime of Essence - Extension. Time is of the essence of
7 this Agreement; provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder.
Any such extension may be granted
10 without notice to the Subdivider's surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement. The City
13 Engineer shall be the sole and final judge as to whether or not
14 good cause has been shown to entitle Subdivider to an extension.
15 5. Repairs and Replacements. Subdivider shall replace, or
16 have replaced, or repair, or have repaired, as the case may be,
17 all pipes and monuments shown on the map which have been
18 destroyed or damaged, and Subdivider shall replace, or have
19 replaced, repair, or have repaired, as the case may be, or pay to
20 the owner the entire cost of replacement or repairs, of any and
21 all property damaged or destroyed by reason of any work done
22 hereunder, whether such property be owned by the United States,
23 or any agency thereof, or the State of California, or any agency
24 or political subdivision thereof, or by the City, or by any
25 public or private corporation, or by any person whomsoever, or by
26 any combination of such owners. Any such repair or rep1ac.ement
27 shall be to the satisfaction, and subject to the approval, of the
28 City Engineer.
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6. utility Deposits - statement. Subdivider shall file
with the City Clerk, prior to the commencement of any work to be
performed within the area delineated on the map, a written
statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the conn~ction of any and all public utilities to be supplied by
such publiC utility corporation within the Subdivision.
7.
Permits:
Compliance with Law. Subdivider shall, at
'11 Subdivider's expense, obtain all necessary permits and licenses
12 for the construction of such improvements, give all necessary
13 notices and pay all" fees and taxes required by law. Subdivider
14 shall comply with all provisions of the Subdivision Map Act and
15 Title 19 San Bernardino Municipal Code.
16 8. Superintendance by Subdivider. Subdivider shall give
17 personal superintendence to the work on said improvement, or have
18 a competent foreman or superintendent, satisfactory to the City
19 Engineer on the work at all times during progress, with authority
20 to act for Subdivider.
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9.
Inspection by City. Subdivider shall at all times
22 maintain proper facilities and provide safe access for inspection
23 by City to all parts of the work and to the shops wherein the
24 work is in preparation.
25 10. Contract Security. Concurrently with the execution
26 hereof, Subdivider shall furnish to City improvement security as
27 follows:
28 (a) An amount equal to at least one hundred percent (lOOt)
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2003-68
of the total estimated COS1: 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
credi t as provided in Title 19 S an 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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11. Subdivider's Insurance. Subdivider shall not commence
3 work under this Agreement until Subdivider shall have obtained
4 all insurance required under this paragraph, and such insurance
5 shall have been approved by City Attorney as to form, amount and
6 carrier, nor shall Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall appear either in the body of
11 the insurance policies or as endorsements and shall specifically
12 bind the insurance carrier.
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(a)
Workers Compensation Insurance/Employer's Liability
Insurance. Subdivider shall maintain, during the life
of this Agreement, Worker's Compensation Insurance and
Employer's Liability Insurance for all Subdivider's
employees employed at the site of improvement, and, in
case any work is sublet, Subdivider shall require any
contractor or subcontractor similarly to provide
Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are
covered by the protection afforded by Subdivider. In
case any class of employees engaged in work under this
Agreement at the site of the project is not protected
under any Worker's Compensation Law, Subdivider shall
provide, and shall cause each contractor and
subcontractor to provide, adequate insurance for the
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protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage
resulting to it from failure of either Subdivider or
any contractor or subcontractor to take out or
maintain such insurance.
(b) Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain, during the
life of this Agreement, such public liability and
property damage insurance as shall insure Ci ty, its
elective and appointive boards, commissions, officers,
agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement from claims for damages for personal injury,
(as defined hereunder), including death, as well as
from claims for property damage or product liability
which may arise from Subdivider's or any contractor's
or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without
limitation, agents, employees or independent
contractors, directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and the
amounts of such insurance shall be as follows:
(1)
Public Liability Insurance.
In an amount not
less than One Million Dollars ($1,000,000.00) for
injuries, including, but not limited to, death,
to anyone person, and, subject to the same limit
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for each person, in an' amount not less than One
Million Dollars ($1,000,000.00) on account of any
one occurrence; Product Liability Insurance
coverage should be part of the Public Liability
Insurance;
(2) Property Damage Insurance. In an amount not less
than One Million Dollars ($1,000,000.00)
for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
a standard form of croSS-liability endorsement,
insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement.
(3) ~ail Coverage.
Insurance coverage, albeit for
public liability or property damage, shall be
written, if possible, on an "occurrence" form
rather than a "claims made" policy.
If the
insurance policy .is written on a "claims made"
policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of
one (1) year from completion of the project. All
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subcontractors must and shall comply with the
same .insurance provisions as the contractor( s)
and subdivider(s).
(4) Personal Injury - Defined. As used herein, the
term "personal .injury" shall be def.ined as a hurt
or damage to one's person inCluding, without
lim.itation, damage to health, cuts, bruises,
broken limbs and/or bones, or the like,
disabilities or impairments, including
aggravation of existing .injuries, on invasion of
personal rights, includ.ing libel or slander
cr.im.inal conversation, malicious prosecution,
12.
false .imprisonment and mental suffering.
Evidence of Insurance. Subdivider and contractor
16 shall furn.ish City, concurrently with the execution hereof, ,with
17 satisfactory evidence of the .insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 .insured. Subdivider and contractor shall also provide City with
20 ev.idence that each carr.ier will be requ.ired to give City at least
21 ten (10) days pr.ior written notice of the cancellation or
22 reduction .in coverage of any pOlicy dur.ing the effective period
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of this Agreement.
13. Hold Harmless/Indemn.ificat.ion.
SUbdivider( s)/
25 Developer(s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
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2 liens, demands and cause of action of' every kind and characte
3 including, but not limited to, the amounts of judgments,
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penalties, interests, court costs, attorney'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 /Subdi vider' s subcontractors, contractors or by any
one or more persons directly or indirectly employed by or acting
as agent for contractor, Subdivider, or anyone of contractor or
Subdivider's contractors or subcontractors. SUbdivider/Developer
shall investigate, handle, respond to, provide defense for and
defend any such claims, demand, or suit at the sole expense of
the Subdivider/Developer even if the claim or claims alleged are
groundless, false or fraudulent.
Subdivider agrees to, and
shall, defend City, its appointive boards, commissions, officers"
agents and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
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aforesaid hold harmless agreement, because of the
acceptance by City, or the deposit with City by
Subdivider, or any of the insurance policies described
5 in Paragraph 11 hereof.
6 (b) That the aforesaid hold harmless agreement by
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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.
17 This provision is not intended to create any cause of action in
18 favor of any third party against Subdivider/Developer or the City
19 or to enlarge in any way the Subdivider's/Developer's liability
20 but is intended solely to provide for indemnification of the City
21 from liability for damage or injuries to third persons or
22 roperty arising from Subdivider/Developer's performance
23 ereunder.
24 14. 'f'itle 1:0 Im~...o~ements. Title to, and ownership of,
25 all improvements constructed hereunder by Subdivider shall vest
26 absolutely in City, upon completion and acceptance of such
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by City.
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15.
Repair or Reconstruction of Defective Work.
If,
3 wi thin a period of one year after finaJ. acceptance of the work
4 performed under this Agreement, any structure or part of any
5 structure furnished and/or instaJ.led or constructed, or caused to
6 be instalJ.ed or constructed by Subdivider, or any of the work
7 done under this Agreement, fails to fUlfiJ.J. any of the
8 requirements of this Agreement or the Specifications referred to
9 herein, Subdivider shaJ.J., without delay and without any cost to
10 City, repair or repJ.ace or reconstruct any defective or otherwise
11 unsatisfactory part or parts of the work or structure. Should
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Subdivider faiJ. to act promptly or in accordance with this
requirement, or should the exigencies of the situation as
determined by the City in the exercise of its soJ.e discretion
15 require repair, replacement or reconstruction before the
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Subdivider can be notified, City may, at its option, make the
necessary repairs or repJ.acements or perform the necessary work,
and Subdivider shaJ.J. pay to the City the actuaJ. cost of such
repairs pJ.us fifteen percent (15t).
16. SubdiVider Not AQent of City. Neither Subdivider nor
any of Subdivider's agents or contractors are, or shaJ.J. be,
22 considered to be agents of City in connection with the
23 performance of Subdivider's obligations under this Agreement.
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17. Cost of EngineerinQ and Inspection. Subdivider shall
pay to City the costs of aJ.J. permit fees for aJ.1 engineering
inspections and other services connected with the City in regard
27 to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
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18. Notice of Breach and Defauit. 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
12 provisions of this Agreement, City Engineer or City Council may
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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 AgreeIIIeIlt: 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 if the surety, within
five days after the serving upon of such notice of breach, does
not give City written notice of its intention to take over the
22 performance of the contract, and does not commence performance
23 thereof within five days after notice to City of such election,
24 City may take over the work and prosecute the same to completion,
25 by contract or by any other method City may deem advisable, for
26 the account and at the expense of Subdivider, and Subdivider's
27 surety shall be liable to City for any excess cost or damages
28 occasioned City thereby; and, in such event, City, without
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2 l.iability for so doing, may take possession of, and utilize in
3 comp1.eting the work, such materia1.s, appliances, plant and other
4 property belonging to Subdivider as may be on the site of the
5 work and necessary therefor.
6 20. Notices. All notices herein required shall be in
7 writing, and delivered in person or sent by registered mail,
8 postage p~epaid.
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(a) Notices required to be given to City shall be
addressed as follows:
City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, California
92418
(b) Notices required to be given to Subdivider sha1.l be
addressed as follows:
Century Crowell Santa Rosa, LLc / Olive Crest, LLC
1535 South "0" Street, Ste. 200 / 343 N. Second Avenue
San Bernardlno, CA. 92408 Upland, CA 91786
(c) Notices required to be given to surety of Subdivider
shall be addressed as follows:
Fidelity and Oeposit Company of Maryland
300 Saint Paul Place, P.O, Box 1227, Baltimore, Maryland 21203
22 Provided that any party or the surety may change such address by
23 notice in writing to the other party, and, thereafter, notices
24 shall be addreased and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and inure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 III
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2 IN WX~S WHEREOF, the parties hereto have executed this
3 Agreement on the day and year first above written.
ATTEST:
CITY at) SAN BERNARDINO
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By: "U-
Judit 'Yalles, Mayor
Ci ty. of San Bernardino
SUBOI OER:
(;L, A j . {l ~'L/L
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Approved as to form
and legal content:
University 'ghts COuntry View Estates, u.c. a California Limited Liability Company
By; Century Cro~ll Communities, lJ', a California limited Paxtncrship - Managing Member
JAMES F. PENMAN,
City Attorney,
unities, a California
-Gencral.Partner
By: L ?~
rJ
e t ub, Sr. Vice President
Olive Clestll.C, a California LimitcdLiability Company
By 7..1).... /tMy .'
(/
Fdix Robles, Managing Partner
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be
executed in the corpo~ate 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
22 notarized.
23
24 STATE OF CALIFORNIA )
25 COUNTY OF ' ~ ~ ~ 8S.
26 On this r.i 51'::b- day of J: 4 P,.,., H ,,,",,,1- , 1.9~, before
e, the undersigned, a Notary Plib1~i;,r and for said County and
27 tate, perso lly appeared ,to ~ W&; ~-Ao ~ At-l.b
ELi
ersonal1y known to me (or proved to me on the basis of
atisfactory evidence to be the President, and
AS/mg1[SubcUvimp.Agr] 15
eptember 20, 1990
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personally known to me (or proved
satisfactory evidence) to be the
of the corporation that executed
'the wi thin instrument, and known
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.
8 WITNESS my hand and official seal.
to me on the basis of
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~ - - - - C~R~TY-JE-;'N- w:L1;~ J
e Commission If 129393.5
j' Notay Public - California ~
t San ilemardlno County t
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(This area for official seal.)
AS/mgl [Subdivimp.Agr] 16
eptember 20, 1990
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NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS
. . OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION
On November 20, 2002, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was
held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California:
SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS
WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a
California limited partnership ("Century Crowell");
WHEREAS, Century Crowell was fonned for the purpose of acquiring land and developing same
with single family homes;
WHEREAS, the Corporation has detennined that it is in the best interests of Century Crowell that
ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership
("Project Entity");
WHEREAS, primary responsibility for management of the Projects has been delegated to the
corporation's Project Managers, who are Kenny Felkel, Marty Butler, Rod Grinberg, Dave Cooper and Chuck Crowell.
RESOLVED, that in connection with the development of any Project, any Project Manager (or
Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general
partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general
contractor to the Projects, any and all documents in connection with plan checks, pennits, entitlements, and all other
documents relating to city, county, water district and other governmental agency actions respecting the Projects.
RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as
Vice President, or David 1. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J.
Miller, together or individually together with any Project Director are authorized io sign on behalf of the Corporation, as
General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety
bonds, and all documents relating to same, in connection with the Projects.
RESOLVED, that Dennis Harrison, Tony P. Scimia, or David 1. Miller are authorized to sign on
behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of
any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public
Report for the Projects.
RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the
Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project
Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,
Notices of Completion and any other documents needed to sell and close escrows on homes in our projects.
RESOLVED, that copies of these Minutes may be provided to any person or public agency
requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON
NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE
CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALL Y OR PERSONALL Y LIABLE FOR ANY
DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY.
All Directors were present and unanimously consented to the above.
DATE:
November 20, 2002
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er,
ecretary
Upll.\minutes\corporat\OI0801.doc