HomeMy WebLinkAbout22-Development Services
ORIGlNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File No: 11.03; TR 16509
Subject: Resolution approving Final Map for
Tract No. 16509-4 (Unit 4 - Lots 74
through 90) and Final Map for Tract
No. 16509-5 (Unit 5 - Lots 91
through 105) located on the west side
of Northpark Boulevard between
University Parkway and the Devil
Creek Flood Control Channel.
From: James Funk, Director
Dept: Development Services
Date: August 15, 2005
MCC Date: 09-06-05
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading
of Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Tract No. 16509-1 (lots 1 through
31) located on the west side of Northpark Boulevard between University Parkway and the Devil
Creek Flood Control Channel.
05/16/05 Resolution No. 2005-114 adopted approving Final Map for Tract No. 16509-2 (lots 32 through
59) and Final Map for Tract No. 16509-3 (lots 60 through 73) located on the west side of
Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel
Recommended Motion:
Adopt Resolution.
tt,k
Contact Person: Mike Grubbs. EnQ ManaQerlField EnQineer
Supporting data attached: Staff Report, Reso & Maps
Phone:
5]79
5
Ward:
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Acct. No.) N/A
(Acct. Description) N/ A
Finance:
Council Notes: 'k:..J;{)lJ dfX-o - :lqCJ
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Agenda Item No. d.d-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Final
Map for Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on the west side of
Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel.
Back2round:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which
consisted at the time of 160 single family residential lots located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control Channel. This
tentative tract was approved for a period of two years.
On October 7, 2003, the Planning Commission approved Minor Modification No. 03-07 to
Tentative Tract No. 16509, clarifying the acreage of the Tentative Map.
On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing the
total number of single family residential lots to 157. Of these lots, 150 are proposed to be
developed in upscale single family residential houses.
On April 19, 2005, the Planning Commission approved an amendment to Tentative Tract No.
16509, increasing the developable lot count to 166 and approved a general plan amendment to
change the land use designation of lots 160 through 165 to commercial use (CG-l).
Lots A through 0 will be created and reserved for open space and park purposes. Lot A, which
contains 2.38 acres and Lot 0, which contains 1.31 acres, will be developed as neighborhood
parks. Lot A is centrally located in the development and a trail will interconnect the park with
the open space lots B through N. Lot 0 is at the northeasterly corner of Campus Parkway and
Kendall Drive and will be improved by the developer as a neighborhood park. A Landscape
Maintenance District 'will maintain the open space lots and the parks, and the cost of the
maintenance will be spread among all the owners in Tract No. 16509.
The Subdivider notified the Department of its intention to file multiple final maps based on the
approved tentative map. The proposed phasing plan has been reviewed by staff and it provides
for construction of improvements as required to constitute a logical and orderly development of
the entire subdivision.
The phasing is planned as follows:
Unit 1 - Lots 1 through 31 (Houses under construction).
Unit 2 - Lots 32 through 59 (Infrastructure nearing completion).
Unit 3 - Lots 60 through 73.
Unit 4 - Lots 74 through 90.
Unit 5 - Lots 91 through 105.
Unit 6 - Lots 106 through 150
Unit 7 - Lots 151 through 157.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
The final map for Unit 1, Tract No. 16509-1 (lots 1 though 31) was approved on October 4,
2004. The final maps of Units 2 and 3, Tract Nos. 16509-2 (lots 32 through 59) & 16509-3
(lots 60 through 73) was approved on May 16, 2005. Construction of Unit I houses is
underway and construction of Unit II houses is expected to commence in the next several
months.
The improvement and grading plans for the entire tract have been prepared and approved. The
rough grading of the entire tract is 95 % completed. The Final Map of Tract No. 16509-4 and
the Final Map of Tract No. 16509-5 have been reviewed and found to be substantially in
compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend
that the Final Map of Tract No. 16509-4 and the Final Map of Tract No. 16509-5 be approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR
TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) LOCATED ON THE WEST
SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND .
THE DEVIL CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBL,IC
DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING
EXECUTION OF THE ST ANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISIONS, 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 Tract No. 16509-
4 (Unit 4 - Lots 74 through 90), a 17-10t, single family, residential subdivision and proposed
Tract No. 16509-5, (Unit 5 - Lots 91 through 105), a 15-10t, single family, residential
subdivision located on the west side of Northpark Boulevard between University Parkway and
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the Devil Creek Flood Control ChaIhiel, together with the provisions for their design and
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improvements, are 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
University Park, LLC, for improvements in said two subdivision tracts 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
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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT NO.
16509-5 (UNIT 5 - LOTS 91 THROUGH 105)....
SECTION 3. The Final Map of said two subdivision tracts are hereby approved and
the City of San Bernardino hereby accepts as public property all dedications within the
subdivisions as shown on said Final Maps for streets, alleys (including access rights), drainage
and other public easements. As a condition precedent of approval of the Final Maps, the
Subdivider shall first execute the agreements referenced in Section 2 hereof for the
improvements within said Subdivisions.
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.
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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the _ day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
BY:/~~ tllfI
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AGREEl\'IENT
(Sllbdi\pision Improvements)
THIS AGREEMENT is nlade and entered into 'as of this day of
, 2005, by al1d between the CITY OF SAN BERNARDINO, a Municipal
Corporation, 11ereinafter referred to as "City," and lTniversity Park" LLC, hereinafter referred
to as ~'Subdivider."
RECIT AI.JS
A. \VH.ERE,AS, Subdivider has presented. to City for approval a final subdivision
niap (hereat1er called "Inap") entitled Tract No. 16509-4 (Unit 4 - Lots 74 throllgh 90); and,
B. vVlIERE.L~S, the nlap has been filed vv'ith the City for ~'resentation to the City
Council (hereinafter called ~'Col1ncil''') of the City for its approval, \vhicl1 map is hereby
referred to and incorporated herein; and,
C. 'vVHERE.L\S, Subdivider has requested approval of the nlap prior to the
construction and completion of improvements, including all streets, higrl\Vays or public ,,\-a),rs
and pubiic utility facilities \Vllich are a part of, or appurtenant to, the subdivision (llercinafter
called '.subdivision") designated in the map, all in accordance \vith, and as required by, the
Plans and Speciticatiolls for all or any of said improvenlents in, appurtenant to, or outside tIle
lilnits of subdivision., \;vhich Plans and Specifications are [lOW on tile in the Office of the City
Engilleer of the City; and,
[l. \VIIERE_AS, Council has approved said n1ap and accepted the dedications
ther~in offered, or son1e thereof, on condition that Subdivider tirst enter irlto and execute this
Agreelr:ent \vith the City: and,
E. \\7HEREAS, This ..A..greement is executed pursuant to the provisions of the
Subdivision rvlap Act of the State of California and Titie i9 San Bernardino lVlunicipal 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 \vithin (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 conlplete the \vork.
2. \~iork: Places and Grades to be Fixed by EngIDcer. All of said \vork is to be
done at the places, of the materials, in the manner, and at the grades, all as sho\vn upon the
Plans and Specifications therefor, heretofore approved b)' City Engineer and \vhich 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 \vithin 24 months 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 Engil1eer 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'~ liability on the bond to secure the faithful performance of this Agreement. TIle City
Engineer shall be the sole and final judge as to \vhether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case nlay be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case nlay be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utility Deposits - Statement. Subdivider shall file with the City Clerk~ prior to
the c'onlmenCetnent of any work to be performed within the area delineated on the map, a
\vritten statenlent signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required b:y such public utility corporation
for the connection 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 Subdivider's expense,
obtain all necessary permits and licenses for the constnlction of suell improvements, give ~ll
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and "ritle 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement~ or have a competent foreman or
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 bv 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 improvements 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 9ne (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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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's COlnnensation Insurance/Emplover's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
COlnpensation Insurance and Employer's Liability Insurance for all
Subdivider's enlployees employed at the site of inlprovement, and, in case any
\\'ork is sublet, Subdivider shall require any contractor or subcontractor
sinlilarly to provide Worker's Compensation Insurance and Employer's
Liability InSllrance for all contractor's or subcontractor's employees, unless
such employees are covered b:y 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 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
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor perfornling 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 SUbCl)ntractor'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 indirectl)F elnplo)'ed by either Subdivider or any
contractor or subcontractor, and the amOllnts of such insurance shall be as
fo] 10\\'s:
(1) Public Liabil ity Insllranc~. In an amount not less than One Million
Dollars ($1 ~OOO,OOO.OO) for injuries, illciuding.. ('ut not lilnited to,
death, to an)' one person, and, subject to the same limit for each person,
in an amount not less than One rvlillion Dollars ($1,000,000.00) on
account of anyone occurrence; Product L.iabilit), Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Dam.age Insurance. In an amount not less than One Million
Dollars ($ 1 ,000,000.00) for damage to the property of each person on
account of anyone OCCtlrrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or conlmission other than those
mentioned in this paragraph, such policy shall contain a standard fonn of
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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) Tail 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 co'ver a period of one (1) year from
completion of the project. All subcontractors must and sllall comply
with the same insurance provisions as the contractor(s) and
subdivider{s ).
(4) Personal Injury - Defined. As used herein, the ternl '''personal injury"
shall be defined as a hutt or damage to one "s person irlcluding, \vlthout
linlitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently \vith the execution hereof, with satisfactoI)' evidence of the insurance required,
and ev_~dence that City is named and endorsed on the policy as an additional insured.
Subdi vider and contractor shall also provide City with evidence that each carrier will be
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, clainls, liens, demands aIld cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs~ attonley'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 danlages to property (illcluding property of
the City) and \vithout limitation by enl!meration, all other claims or delnands of eveI)'
character occurring or in any vlay incident to, in connection \vith or arising directly or
indirectly~ (including frOITl the negligent performance by its officers" employees, agents) from
the tem1S of this Agreement, \vhether such operations/incidents are caused by contractor,
Subdi,rider or any of contractorISubdi'vider's subcontractors, contractors or by anyone or
nlore persons directly or indirectly employed by or acting as agent for c011tractor, Subdivid~r,
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/De~TeJoper even if the claim or clainls
alleged are groundless, false or fralldulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
la\\' or in equit~y for danlages caused, or alleged to have been caused, by reason of any of the
aforesajd operations, provided as follo\vs:
(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 sllffered, or alleged to ha\le
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 danlages or claims for damages.
This provision is not intended to create an)' cause of action in f3\'Or of any third party against
Subdivider/Developer or the City or to enlarge in any" way the Subdivide-r's/Developer's
liability but is intend~d solely to provide for inderrlnificatjon of the City from. liabilit). for
damage or injuries to third persons or property arising fronl Subdivider/Developer's
performance hereunder.
14. Title to ImprovemeIit~. Title to~ and o\\:nership of, ali imIJfOvements
constnlcted hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improven1ents b)r 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 pa11 of
any stnlcture 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,
\\'ithout delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory pa11 or parts of the ~'ork or structure. ShOllld 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 Subdi\iider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection \'Iith 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 iIlspections and other services connected with the City in
regard to the subdi"rision. Said fees shall be paid prior to comJnencing any construction.
18. Notice of Breach and Default. If Subdividl'r refuses or fails to obtain
prosecution of the work, or any severable part thereof, with stIch diligence as will insure its
completiorl \vithin the time specified, or any extensiol1s thereof. or fails to obtain completion
of said work within such time, or if the Subdivider 'shouid be adjudged a ban~~pt.. 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, ShOllld 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 ofan:y portion thereof, and
default of Subdivider.
19. Breach of Agreement: Perfonnance by Surety or City. In the event of any SUCll
notice~ Subdivider's surety shall have the duty to take over and complete the work and the
inlprovement herein specified; provided, ho\\tever, that it the surety, \vithin five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in conlpletillg the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in ,vriting, and delivered in
person or sent by' registered mail, postage prepaid.
(a) Notice~ required to be given to City slIall be addressed as follo\\'s:
City Adnlinistrator
Cit.y Hali
300 North "D" Street
San Benlardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follo\vs:
Pro~ided that any party or the surety Inay change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
II
II
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AGREEMENT
(Subdivision Improvements)
IN WITNESS WHEREOF, the parties hereto have exe'cuted this Agreement of the day
and year first above written.
ATTEST:
City Clerk
CITY OF SAN BERNARDINO
By:
Approved as to form
and legal content:
Judith Valles, l\layor
City of San Bernardino
JAMES F. PENMAN,
City Attorney,
BY:~
SUBDIVIDER:
Uni\rersity Park, LLC
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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.
ST A TE OF CALIFORNIA
)
) ss.
)
....,.-/
./
COUNTY OF
On this day of
undersigned, a Notary Public in and for sai
, 20_~ before nle, the
ounty and State, personally appeared
-
personally know to me (or prove 0 me on tIle basis of satisfactoryp evidence) to be the
President, and __ personally known to
me ( or proved to ~ on the basis of satisfactory evidence) to be the
of the corporation that executed the \vithin instflJment, and
know to me to be t persons who executed tIle \vithin instrument on behalf of the corporation
therein named, a acknowledged to me that such corporation executed the same, pursllant'to
its by-laws a resolutiol1 of its Board of Directors.
WITN my hand and official seal. n \ r ^ ^ (.\(N.\.~~!~ W'~..-(\)",
\..Lich-mc A"G- 1\\ \ ? l),. oj Q\:hR ~
C\ '\\-(''-Li~ 1 .. ~~
Notary Signature
(This area for official seal.)
14
.
.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~-.-..- - -.-,-.'
"
,\
State of California
} 55.
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personally appeared 30\~e s ~. 1AC\\SQ"
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to be the person(K) whose name(~ is/~
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/~r/t~ir authorized
capacity(tes), and that by his/~r/t~ir
signature(s) on the instrument the person(~), or
the entity upon behalf of which the personfs}
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and couid prevent frauduient removai and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: P, (,.1 (" ..l\?...Me-n ~ CS\A.~ J. \ \l \ S \ 0'" -.r 0-. O{ t\~~ \^"f' ('\-\-5 )
\ l,o...~ 'loSoct - "\ u~\.~ It\- Lo-t~ ,4 t"hrl.4 '\0
DocumentDate:~ ~~u\.(~ ~ ~d\.r\\ S,,'ll"'l..l1l'"" Number of Pages: \ Y
Signer(s) Other Than Named Above: Ju.<"l\Q~ ~. \>~~('C\~ C\.~ ~ ~'(~ \ Q..lh c-lu~ I
-S l.\6- \~ \l Ct \\g, \Y\CA..i Of" Q. ~~ Sc.. \'\. ~(f\c..;A,f'\{)
Capacity{ies) Claimed by Signer
Signer's Name: T(\ (",p s \< - Wc\.\~C\
o Individual
o Corporate Officer - Title( s):
[J Partner - [J Limited L General
o Attorney in Fact
o Trustee
o Guardian or Conservator
~ Other: {\(\c.\l\o..c, \ \,\c-\ \\~ \1 p {'
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Signer Is Representing: ~\(\\~.Q \~\~ ~ ().( \<...~ LL ~
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RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
~-
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C 1999 National Notary Association. 9350 De Soto Ave., PO. Box 2402. Chatsworth, CA 91313-2402. www.natlonalnotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-8'76-6827
~.~.w. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond No. 2169562
Premium: $6360.00
Subdivision Bond
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the
West a corporation organized and existing under the laws of the State of California and authorized to transact surety
business in the State of California, as Surety, are held and firmly bound unto City of San Bernardino in the sum of Five
Hundred Thirty Thousand and Noll 00 DOLLARS ($530,000.00) for the payment whereof, well and truly to be made, said
Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
. The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
ontract dated TBD, 2005, with the City of San Bernardino to do and perform the following work, to wit: Subdivision
improvements for Street, Sewer and Landscape for University Park Project, Tract 16509-4.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 5th day of August, 2005.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF
By:
By:
~lleres .Jackson
A omey-in-fact
\.
.
CA-ICW 28 (7100)
.
.
.
STATE OF California
} 55.
COUNTY OF Los Angeles
On
August 5, 2005
, before nle, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
persollally kllo'wn to lne (or proved to nze on the basis of sati!'factory
evidence) to be the persoll(s) ~vhose flamers) is/are subscribed to the
lvithill illstnl1nent and ackllolvledged to me that he/she/they executed
the salne ill hislher/theirauthori:.ed capacity(ies), alu1 that by hislher/their
sign a tll re( s) on the instrument the pe rson( s), or the elltity upon behalf
oflvhiclz the person( s) acted, executed the instrunzent.
HlITNESS nlY hand Gild official seal.
Signature
c..~~ ,~,
OPTIONAL
~@--~ - - ~ ~~~q.- - -
J COfMlIssk)n , 1_7 ~
~ ... Notary Public - CaIfomIa ~
i.' · Los Angeles County f
. _ ~ _ ~ :~.:..ExpiesJall4. 'J!1J7
--------
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
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
D PARTNER(S)
o LIMITED
D GENERAL
!iJ ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
10-1232 (REV. 5/01)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Bond Performance
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 5, 2005
DATE OF DOCUMENT
University Park, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
.
.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
ss
County of Orange
On o....'^-\r ell 7-00<;" . before me, Janice Wall, Notary Public, personally appeared
James R. atson, personally known to me to be the person whose name is subscrIbed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
---~llt"'-""""""-""l
JANICE WAll
~~., --.. Commtsston# 1316136 ;
$ ~ . Notary PublIC - CaIfomIa ~
~. Orange county i
i--'~ _ ~:~m~~~~2~2~
WITNESS my hand and official seal.
Place Notary Seal Above
e of Notary Public
J ice all
Co . sian # 1316136
Expires 8/29/05
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: 'S u.. ~ c\. ",hS\ c '" 0Q"~ d. \ lD~ S lo;l JJ> '5 30,000. OQ
UY\\ \l-e..A S \~ ~ CI. ('K I' r Cl..L-~ \ \a S Dot - 'i
-t\~t{ v.. S'" <<6 l.C ()-;:;:
\ J
Document Dated:
Number of pages
Capacityues) Claimed by Signer
Signers Name: :ro.~.e., K, ~ ~()(\
Other signers
Individual
Corpora te Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator \ _ (
~ Other: ~'\"'N\Cl\~("l ~'P-t..
Signer is Representing: ~{\.\.J..<.{S l.\-n \> iJ. < IL I I.-L-C
t
\e{g~A,. ~ .~C\.L~Ch~ G\-~(\\eM-'\f\-+"'-c..\- 'J(\S ~ o'~,\~ W~S\-
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I.e.w. GROUP
181 INSURANCE COMPANY OF THE WEST
. THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
1455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 2169562
Premium is included in
the Performance Bond.
Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, 2005, and identified as project University Park, Tract 16509-4 is
hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Sixty-Five Thousand and
no/l00 dollars ($ 265,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereot: costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to
.e awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fuBy performed, then this obligation shall become null and void; other.vise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August, 5, 2005.
Attest or Witness:
UNIVERSITY PARK, LLC
(Seal)
(Seal)
.
CA-ICW -17 (7/00)
.
.
.
STATE OF California
} 55.
COUNTY OF Los Angeles
Oil
August 5, 2005
, before nze, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
personally kllol-vn to l1te (or proved to 111e on the basis of satisfactory
evidence) to be the persoll(s) lvhose llal1te(s) is/are subscribed to the
lvithill instrument and ackllolt'ledged to me that he/she/they executed
the same in hislher/their authorized capacity(ies), and that by his/her/their
signa tll re( s) on the ;nstrulnent the person( s). or the entity upon behalf
of lvhiclz the pe rson( s) acted, executed the instrUl11ent.
lVlTiVESS nzy hand Gnd official seal.
Signature ~_ ~ i--l~
OPTIONAL
-- .-. ..-... .... :.t... ..... ... ..... ...a.. ...... ....... . t
~ CARL C. H0SSU
l ",;.MO;' · ". Commission # 1393807 ,
~ .~. .. Notary Public - California ~
~ Los Angeles County i
' '- My Comm. Expi'es Jrn14, ?J:JJ7
---------------------------
This area for Official Notarial Seal
Thou'"gh 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
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
o PARTNER(S)
D LIMITED
o GENERAL
III ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
10-1232 (REV. 5/01)
DESCRIPTION OF ATTACHED DOCUMENT
Labor and Material Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 5, 2005
DATE OF DOCUMENT
University Park, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004142
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company oftbe West. a Corporation duly organized under the laws of the State of California, The
xplorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona. and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"). do hereby appoint
TERESA I. JACKSON, CARL C. HOSSLI
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign. seal. and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship. and any related documents.
In witness whereot: the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January. 2001.
,--;:.::-~ -:-..-:---..
// ~~~ ,~l!!!~~\>\
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INSURANCE COl\IPANY OF THE WEST
THEEXPLORERINSURANCECO~ANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig. Assistant Secretary
John L. Hannum, ExecutIve Vice President
State of Cali fornia
County of San Diego
On December 5. 2003. before me, Mary Cobb, Notary Public, personally appeared John L. HannUln and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instnnnent, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of\\'hIch the persons acted. executed the instrument.
Witness my hand and official seal.
} 55.
1@.........fvlAAYCOBB I
y- · -r "'I~"{- COMM. #1321341 n
(.) ~. . NOTARY PUSUC-CALiFORMA en
en ... SAN DIEGO COUNTY 0
U, Mv CommlSSlOn Expfres .-
, . -. S~PTEMBER 20. 2005 I
'-~ ~bh
-Ir~
!.
'\ j
'-..--.......
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized With facsInule sib'11atures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VED: That the President, an Executive or Senior Vice President of the Conlpany. together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date. execute. sign.
seal. and deliver on behalf of the Company, fidelity and surety bonds, undel1akings. and other sinular contracts of suretyship. and any related
documents.
RESOL YED FURTHER: That the signatures of the officers making the appOintment. and the signature of any officer certIfying the validity
and current status of the appointment, may be facsimile representations 0 f those signatures; and the signature and seal of any notary. and the
seal of the Company. may be facsimile representations of those SIgnatures and seals, and such facsimile representations shall have the sanle
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping. printing. typing, or
photocopying. "
CERTIFICA TE
t the undersigned. Assistant Secretary of hlsurance Company of the West. The Explorer Insurance Company. and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respecti ve Boards of Directors of the Companies. and are now in full force.
IN WITNESS WHERE OF, I have set nlY hand this
5th
day of
August
, -2005._,
John H. Craig, Assistant Secretary
.. To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
he above named individual(s) and details of the bond to which the power is attached. For information or filing claims, pJease, contact Surety Claims, JeW Group.
11455 EI Camino Real~ San Diego, CA 92130-2045 or call (g58) 350-2400.
.
.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
ss
County of Orange
On A~ ~\ \ Zoo') , before me, Janice Wall, Notary Public, personally appeared
James R. atson, personally known to me to be the person whose name IS subscrIbed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
ja- :~:~6~~lt
I ... Notary PublIc · CaIforna E
~. Orange cOW\ty l
. .... ~ ~ ~~m~~29,:.~
WITNESS my hand and official seal.
Place Notary Seal Above
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: ~ '00 (" o.,,~ \\\L''\- ..u ,c....\ ~ c ~~ ~ \ ~ c, 5' \p ).tJ eX lP '5 \ 000. 00
Document Dated:
l\{\\~Q..(s..~ 2~(,,- ') (L\.L-\ \~ ~o ,,- ~.
f\u. {4 \A. ~\- S" 2cc ~
"1 t
Number of pages
Capacityues) Claimed by Signer
Signers Name: ~~ ("y,Q c; ~ - ~k \- Son
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
---r Guardian or Conservator \
----L- Other: fY\~f\.C\.9\ n~ {V\tfu'O-€.(
Signer is Representing: U...... u 1.0 .i S \ ~ P ~f k , L-\...{...
Other signers
~H sc, \ -S",t. 't.St.l\ - A-fu((\lA.-l - ~- fm.r ..i f\!:>. to. o+- ~ k>Q s\
.
.
.
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
P.O. BOX 85563, SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
wWw.icw2rouD.com
BOND NO. 2169564
PREMIUM S 100.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a final map for the development identified as: UNIVERSITY PARK, TRACT 16509-4
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Five
Thousand One Hundred and NollOO Dollars ($5,100.00), lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The conditions of this obligation is such that if the monuments are set on or before TBD, 2005 and
the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become
null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and .in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
~ The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on August 5, 2005.
UNIVERSITY PARK, LLC
By James R. Watson, Managing Member
INSURANCE COMPANY OF THE WEST
res." Jackson
A~ey-In-Fact
APPROVED AS TO SUF
Director of Public Works
CA-JCW 30 (7IOO)
.
.
.
STATE OF California
COUNTY OF Los Angeles
} ss.
On August 5 J 2005
, before nle, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
personally kno'wn to Ine (or proved to me on the basis o.f sati~factory
evidence) to be the persoll( s) lvhose llal1ze(s) is/are subscribed to the
lvithin ;,zsfrUlnent and aCkllOll'ledged to nle that he/she/they executed
the same in hislher/theirauthorized capacity(ies), alui that by hislher/their
signature( s) on the instrument the pe rson( s). or the elltity upon behalf
of It'hiclz the pe rson( s) acted, executed the instrunlenf.
l,VITNESS nzy hand and ofjicial seal.
Signature C ~ L- lk
OPTIONAL
J~~-~--~-'--'--
"CARL C. HOSSU
- Commission , 1393807 J
~ · -,,; Notary Public - California I
~ · Los Angeles County t-
MyComm. ExpiresJal14, 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 ieattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
T1TLE(S)
o PARTNER(S)
o LIMITED
D GENERAL
flJ ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
ID-1232 (REV. 5/01)
DESCRIPTION OF ATTACHED DOCUMENT
Monument Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 5, 2005
DATE OF DOCUMENT
University Park, LLC
SrGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004142
ICW GROUP
Power of Attorney
Insurance Company of tbe West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Cali fornia, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint
TERESA I. JACKSON, CARL C. HOSSLI
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal. and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 200 1.
/;::--~" /~y-~
/(-/ ~Sl!.Jt -..'...<, ':J;,~ ----. ~ "-
,/ .,~/..'o" .,~+ \~ /CT// /\ "'~c.\
it'~:~o 4~\~\)\ (tJ/ ~,,:.:t-7 \~\
'l~( SEAL )n; ~~I ~YT"\~~ J-<)
\ \,.c. \"<9~ ,~/ 0 II ' Q \ I.., \ i " ,
\\~ '.. ~~OHA '.' .// \~'" 1/ a'., \ /j!
'~'~ri_=:~~~;/ \ ~ob1t~/
INSURANCE COMPANY OF THE WEST
THEEXPLORERINSURANCECO~ANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executi ve Vice President
State of California
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig. personally known to me to be
the persons whose names are subscribed to the within instnlment, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument. the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} ss.
I €t~. .. MARY cose I
~ .' -;~ COMM. #1321341 n
o . . NOTARY PUBLiC-C. AUFOR~nA en
en ~. SAN DIEGO CQur...ny 0
U;t:'; My CommiSSiOn Expfres -'
I '... S:?TEMBER 20 2005 I
'-fr~ r2~bh
-,' '\
(,.-.J
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date. execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOL YED FURTHER: That the signatures of the officer~ making the appointment, and the SIgnature of any officer certifying the validity
and current status of the appointment, may be facsunile representations of those signatures~ and the signature and seal of any notary, and the
seal of the Company, may be faCSImile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as If manually affixed. The faCSImile representations referred to herein may be affixed by stamping. printing, typing, or
photocopying. n
CER TIF ICA TE
L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked. and that the above resolutions were duly adopted by the
respecti ve Boards of Directors of the CompanIes, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 5th
day of
August
, 2005
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims. please contact Surety Claims, JCW Group,
11455 EI Camino Real, San Diego. CA 92130-2045 or call (858) 350-2400.
.
.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'State of California }
ss
County of Orange
On Au.'1, l\\ 2t>oC; , before me, Janice Wall, Notary Public, personally appeared
James R. Watson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
JQ :;:fi6~~ I
$' Notary PubIc · CalIfornIa
!. Orange~-
~ -' _ _ ~~~~29.:~t
Place Notary Seal Above
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: \'\\ 0 f\ \A..~.e.A\ ~ ~'\ ~~ d \ l Ct <\ C; \.c "\
J.) ~ \ 0 0 . ot)
.
Document Dated:
~^(\\VJU~l~ r0--(~ Ill;~
P\\A.l U c..\: 5 \ 20 os:
1 L, S D9 - Y
\
Number of pages
Capacityues) Claimed by Signer
Signers Name: 0('A '<"Y'\i! S 7 - \).2>("'-\-50\\
Other signers
T~ " R.. ':,(\ -:s:. ""1" C\t.. \L ':1. ,,"\
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator \_ _
-L Other: ~'\(A-(\p.c\ \'f\'\ \'Y\-l1'\t'lH.f
Signer is Representing: L\ f\.\~-U"C,\ \--t) -Pi' 'f 't
\.~ l L
,
t\:~, ('...e~ .,""1,,- ~"-C-~ r f\S ~ l). O.~ ~ \01. S~
\
\),(.2 '- \-or O'~?b hl\l WCi (\L~ - M~ l-\\\'Lf\i)uWI
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 rl DATE (MMIDDIYYYY)
UNlVE-S 06/10/05
.~RODUCER THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION
Elkins Jones Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12100 Wilshire Blvd., #300 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~AnqeleS CA 90025
e:310-207-9796 Fax:310-207-5337 INSURERS AFFORDING COVERAGE NAle ,
1----..
INSURED INSURER A:. Ht. Hawley Insurance Company
INSURER B
University Park, iLC. INSURER C
333 S. Hope St.g 36th Floor INSURER D
Los Angeles CA 0071 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
IN~f( AUU'
L TR NSR TYPE OF INSURANCE
~NERAL LIABILITY
A X rxl COMMERCIAL GENERAL LIABILITY MGLO 14 4488
-U CLAIMS MADE [!] OCCUR
POLICY NUMBER
PD~~~1 MM/DDIYY)- Pgk!fEY(ij~h'1fJ!.,~N
LIMITS
-
GEN'L AGGREGATE LIMIT APPLIES PER.
I POLICY n ~~~T n LOC
AUTOMOBILE LIABILITY
==1 ANY AUTO
, ALL OWNED AUTOS
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
51,000,000
5 50,000
5 5,000
SExcluded
52,000,000
SExcluded
06/12/05
06/12/06
EACH OCCURRENCE
UAM~\.:Jt: I U t(t:N I t:u
PREMISES (Ea occurence)
MED EXP (Anyone person)
COMBINED SINGLE LIMIT
(Ea accident)
S
SCHEDULED AUTOS
BODilY INJURY
(Per person)
s
.
I
I
HIRED AUTOS
-
~ NON-OWNED AUTOS
I j
~RAGE LIABILITY
H ANY AUTO
I
~ESS/UMBREL~BILlTY
~ OCCUR U CLAIMS MADE
I
r---,
H DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORJPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
BODilY INJURY
I (Per accident)
, PROPERTY DAMAGE
I (Per aCCident)
$
s
AUTO ONLY - EA ACCIDENT I $
! OTHER THAN EA ACC S
! AUTO ONLY AGG 5
i EACH OCCURRENCE I 5
AGGREGATE 1$
$
S
$
I 'Mr I
YY\J v u-
TORY LIMITS
IOTH-
ER
E.L EACH ACCIDENT $
E l DISEASE - EA EMPLOYEE $
E.L DISEASE - POLlCY LIMIT S
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
*CANCELLATION: Thirty (30) Days Notice; Ten (10) Days for Non-Payment See
attached for Additional Insured's as respects the operations of the Named
Insured. See attached Additional Insured Endorsement CG 20 12(07-98)
CERTIFICATE HOLDER
CANCELLATION
Ie
City of San Bernardino
300 N. "0" Street
San Bernardino CA 92418
SANBER1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN
NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLlGA nON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPR SENT IVES.
AUTHO IZ R PRESENTATIVE
ACORD 25 (2001/08)
;.... .....t<;.
ADDITIONAL INSURED:
CITY OF SAN BERNARDINO AND THE ECONOMIC DEVELOPMENT AGENCY, AND THEIR
RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS. COVERAGE
BE PR~Y WITH RESPECT TO ALL ADDITIONAL INSUREDS.
.
.
.
POLICY NUMBER: MGL0144488
COMMERCIAL GENERAL LIABILITY
CG 20 120798
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Political Subdivision:
City of San Bernardino
300 N. '~D" Street
San Bernardino, CA 92418
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement)
Section II - Who Is An Insured is amended to
include as an insur~d any state or political subdivi-
sion shown in the Schedule, subject to the following
provisions:
1. This insurance applies only with respect to op-
erations performed by you or on your behalf for
which the state or political subdivision has issued
a permit.
2. This insurance does not apply to:
a. "Bodily injury, II "property damage" or
"personal and advertising injury" arising out
of operations performed for the state or mu-
nicipality; or
b. "Bodily injury" or "property damage" included
'vvithin the "products-completed operations
hazard" .
CG 20 12 07 98
Copyright, Insurance Services Office, Inc., 1997
o
Page 1 of 1
~.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): n - (( 'C'S Item # ,.:J ~:J-- Resolution #
Vote: Ayes /-7 Nays Abstain
:JC05-;JL{CJ
Absent
Change to motion to amend original documents 0
Companion Resolutions
Null/Void After:
days/
PUBLISH 0
RECORD W/COUNTY 0
Note on Resolution of attachment stored separately: 0
Resolution # On Attachments: 0
POST 0
D,te Sonlto M,ym, <) ~ T () S ~
Date of Mayor's Signature: ~/~/ ()\ ~
Date of Clerk/CDC Signature: Uy ~, <')
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
By:
Reso. Log Updated: ~
Seal Impressed: tt
Reso. # on Staff Report ~
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0/ Facilities 0
City Attorney d Finance [il
Code Compliance 0 Fire Department 0
Development Services !J8) Human Resources 0
Others:
Yes ~/
Yes
Yes
Yes
Yes
No~ By_
NO-T-BY-
No_ By_
No L~fi~ _~~
NoL By_
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
Notes:
, /
Ready to File: \(
q/t(r,/I)~
Date: -=>,- l) ~
Revised 12/18/03