HomeMy WebLinkAbout2005-113
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RESOLUTION NO. 2005-113
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION 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 WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO.
16509-1 (LOTS 1 THROUGH 31) AS APPROVED BY RESOLUTION NO. 2004-306
DATED OCTOBER 4,2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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
Richmond American Homes of California, Inc., for improvements in Subdivision Tract No.
16509-1 (Lots 1 through 31 of Tentative Tract No. 16509) 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 2. Standard Form of Agreement for Subdivision Tract No. 16509-1 as
approved by Resolution No. 2004-306 dated October 4, 2004, with University Park, LLC is
hereby cancelled by mutual consent of the City and University Park, LLC.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION 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 WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO.
16509-1 (LOTS 1 THROUGH 31) AS APPROVED BY RESOLUTION NO. 2004-306
DATED OCTOBER 4,2004.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-1...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on
the 16th day of
May
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
MC CAMMACK
x
~k'l. 4~
/g Ii day of May
The foregoing resolution is hereby approved
2005.
~
Ju ith alles, Mayor
C ty of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this /flJ..
day of
~
, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Richmond American Homes of California,
Inc., hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled 16509-1 (Lots I through 31); and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file" in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 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 Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may 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 may be, or pay to the owner the entire cost ofreplacement
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. Utilitv 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 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 construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv 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 Citv. 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 Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) 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
carrier.
(a) Worker's Compensation Insurance/Emplover's Liabilitv 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 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 Liabilitv and Propertv 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 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:
(I) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injUlies, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone 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 I
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 II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form 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 cover a period of one (l) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4)
Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
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limitation, damage to health, cuts, bruises, broken limbs and/or bones, I
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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 with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be I
required to give City at least ten (10) days prior written notice of the cancellation or reduction I
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification, Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, p~nalties, interests, court
costs, attorney's/Iegal 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/SubdiYider's subcontractors, contractors or by anyone 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 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 shaH apply to aH
damages and claims for damages of every kind suffered, or aHeged 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 shaH have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider'sIDeveloper's
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liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, aH improvements
constructed hereunder by Subdivider shaH vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or instaHed or constructed, or caused to be instaHed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfiH any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shaH,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
ail permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, orany extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Suretv or Citv. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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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 completing 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 writing, and delivered In
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
.'+-.
(b) Notices required to be given to Subdivider shall be addressed as follows:
Richmond American Homes of California, Inc.
1305 Corona Pointe Court
Corona, California 92879 I
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(c) Notices required to be given to surety of Subdivider shall be addressed as I
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follows: I
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Provided that any party or the surety may change such address by notice in writing to the I
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
/
ATTEST:
~h~
By:
ith Valles, Mayor
C ty of San Bernardino
Approved as to form
and legal content:
IVIDER:
ond American Homes of California,
JAMES F. PENMAN,
City Attorney,
By:
)l.~_
By:
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STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
(-I;:~ J tJr;I~
S' ature of Notary
~ ti MARY T. COLON ~
-Uj Comm.#1419154 (Jl
NOM PUIUC.CAllfO~NiA
~ San .....rdlno COUIlIy ~
. My Comm. iIIlhf _20, 2007 T
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Brian Woods, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacities 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.
L~~tur~N1!P--)
Jti" MARY T. COLON ~
Uj- Comm. # 141915411l
~ NOLIRY PUIUC .CAllfORNIA
San IemaIdlno CouoIy -
.. My comm. iIIlhf _20.21107 T
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all/and acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of bUilding
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:IMinutes-2005IRAH-AIlIRAHCA.011205.ACT.doc
1
FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By:
Jose1~retary
Executed at Denver, Colorado this
1'"
l Lf-aay of January, 2005.
G:IMinutes-2005IRAH-AlllRAHCA.011205.ACT.doc
2
..-------- ---
,
r
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of Califomia,
Inc., a Colorado corporation (the .Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 24, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that the Company hereby appoints Fernando Dutra as Vice
President - Construction (Inland Empire Division), effective January 24, 2005, to
serve until his successor is duly appointed or until the earlier of his resignation,
retirement, termination of his employment, or death; and it is
FURTHER RESOLVED, that Fernando Dutra, as an officer of the
Company, is authorized hereby to enter into and execute and deliver, on behalf
of the Company, any and all real estate documents necessary or advisable in
connection with the Company's business of building and selling homes.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By: ~
/J6~. Fr1tz, Secretary
Executed at Denver, Colorado this 2b i1t.. day of January, 2005.
G:\Minules-2005\RAH-AJI\RAHCA.012405FD.ACT.doc
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of March 30, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that the Company hereby appoints Brian Woods as Vice
President - Land (Inland Empire Division), effective February 28, 2005, to serve
until his successor is duly appointed or until the earlier of his resignation,
retirement, termination of his employment, or death; and it is
FURTHER RESOLVED, that Brian Woods, as an officer of the Company,
is authorized hereby to enter into and execute and deliver, on behalf of the
Company, any and all real estate documents necessary or advisable in
connection with his appointment as Vice President - Land.
By:
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
JOS~ Secretary
Executed at Denver, Colorado this
?_....-e"'-
J0 day of March, 2005.
G:\Minutes-2005\RAH-A1IIRAHCA.033005.ACT.doc
BondNo. 83BSBCU3137
FAITHFUL PERFORMANCE
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated , and identified as University Park, Tract
16509-1 (Lots 1-31), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called
"Obligee"), in the penal sum of Seven Hundred Fourteen Thollsand and OO/IOOths Dollars
($714,000.00), 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 condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall i11demnify and save harmless Obligee, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and void; otherwisc it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attomey's fees, incurred by Obligee in successfully enforcing such obligation. 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 or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of aoy such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named, on April 22, 2005.
(Principal)
(Surety)
Richmond American Homes of
California, Inc.
Hartford Fire Insurance Company
BY:~~'
Title: . At' ~
B
Title:
(Ulllv....lty Puk.TK1.Pcrt)
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
Lj~JtV~
SI nature of Notary
J; f) MARY T, COLON .~
.. Camm. # 1419 t 54
If) NOtARY PUBll(. . CAlltOlNIA !
~ san Iemoroill< CoualV._ t
My COInaI.!llpIr.. MclylO,<w.
......
State of Illinois}
} ss.
County of Cook }
On Aori122. 2005, before me, Jennifer 1. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Companv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires September 23. 2005
........."'V1r.. ~. ,
OFFfClAl.SEAi."~"
JErNFER J~-
1IOr_fWUc. '---.mID
MY~-~"Q.lr=
~
Bond No. 83BSBCU3137
LABOR AND MATERIALS
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated and identified as University Park, Tract 16509-1 (Lots
1-31), 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 me a good and sufficient payment bond with the City of
San Bernardino (hereinafter designated as "Obligee"), to secure the claims to which reference is
made in Title 15 (commencing with Section 3082) ofPart 4 of Division 3 of the Civil Code of
the State of California,
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance ofthe aforesaid agreement and referred to in the
aforesaid Code of Civil Procedure in the sum of Three Hundred Fifty Seven Thousand and
OO/lOOths Dollars ($357,000.00), 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 thereof, costs
and reasonable expenses and fees, including reasonable attorneys fees, incurred by Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered,
It is 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 be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension oftime, alteration or
addition to the tenns 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 April 22, 2005.
(principal)
(Surety)
Richmond American Homes of
California, Inc.
Hartford Fire lI!surance Company
B~*~
Title: <<<. .
Univcmty Park-TKI-L&M
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
L~~~~U70
J ~ MARY T. COLON ~
.. Comm.' 1410154
Ul NOTARY PUIUC . CA\ltORMIA !
~ Ian i.",.r,lno CountY :r
. . . . . .. '" Comm. lxpke, Moy20,200J
State of Illinois}
} ss.
County of Cook }
On April 22. 2005, before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Companv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires September 23. 2005
.fV""""........
OFFICIAL 'SiAc~"'~
JENNIFER J MCCOMB i
1Dr_ '
MY..-.~=.~
POWER OF ATTO~NEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company D
Hartford Insurance Company of Illinois [J[J
Hartford Insurance Company of the Midwest D
Hartford Insurance Company of the Southeast D
[J[J Hartford Fire Insurance Company
[J[J Hartford Casualty Insurance Company
DO Hartford Accident and Indemnity Company
D Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of /IIinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn I. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Countryside, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by [gJ, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
~r./ffA'~
Paul A. Bergenholtz, Assistant Secretary
John P. Hyland, Assistant Vice President
STATE OF CONNECTlaJT}
ss. Hartford
COUNlY OF HARTFORD
On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above Instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
(0
CERTIFICATE
y~~~~
Notary Public
My Commission Expires June 30, 2004
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of ARRIL 22, 2005
Signed and sealed at the City of Hartford.
e
~.{.4-J.'Ct~',: -.
Colleen Mastroianni, Assistant Vice President
Bond No. 83BSBCU3138
MONUMENT BOND
WHEREAS, Riclunond American Homes of California, Inc., as Principal, desires to
record a fmal map for the development identified as: University Park, Tract 16509-1 (Lots 1-
31),
WHEREAS, pursuant to Article 9, Chapter 1, Division 2, SUBDMSION, 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 Principal wishes to have the interior
monuments set after the time the map is recorded. Said Principal agrees to furnish a security
guaranteeing the cost of setting such monuments.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in
the sum of Nine Thousand Eight Hundred and OO/IOOths Dollars ($9,800,00), lawful money
of the United States, 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, fmnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT: if the monuments
are set on or before , and the engineer or surveyor setting the fmal 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 a part of the obligation secured hereby and in addition to the face amount specified
therefor, there Shall be included costs and reasonable expenses and fees, including reasonable
attomey's fees, if any, incurred by Obligee in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension oftime, alteration or
addition to the terms of said agreement or to the work to be performed thereunder of 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 of time, alteration or addition
to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on April 22, 2005.
(Principal) (Surety)
Richmond American Homes of
California, Inc.
Hartford Fire Insurance Company
By:~a:nt:U ~
Title: ~1 ~6
- -FACT
(university park-tkl-monumenl)
,
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
MARV T, COLON ~
J.:m,#W9154 III
._ =~NlA
III ... c....,-
. ~ ....1Iar__ ..
'lkjd2i~
. S' ature of Notary
r
State of Illinois}
} ss.
County of Cook }
On April 22. 2005, before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Companv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires S
,,'
/
~"........... .
OFFICIAL SEAL'
JENNIFER J MCCOMB
~~ ITAlIOI'........
-. IIll1i1IIC....:08I2M1
POWER OF ATTORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company D
Hartford Insurance Company of Illinois m
Hartford Insurance Company of the Midwest D
Hartford Insurance Company of the Southeast D
m Hartford Fire Insurance Company
m Hartford Casualty Insurance Company
m Hartford Accident and Indemnity Company
D Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws ot the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State ot Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws ot the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, stephen T. Kazmer, Dawn I. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Countryside, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by [8], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereot, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Ot.~
~P7~--
John P. Hyland, Assistant Vice President
Paul A. Bergenholtz, Assistant Secretary
STATE OF CONNECTICUT}
ss. Hartford
COUNTY OF HARTFORIl
On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
~
CERTIFICATE
? 1/. fJ.<:o('../-'
~ W.U/t;I!!f> .
Jean Ii Wozniak
Notary Public
My Commission Expires June 30, 2004
I, the undersigned, Assistant Vice President of the Companies, DO I-JEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as ot ABRIL 22, 2005
Signed and sealed at the City of Hartford.
~~<J-J.t:J(,"4: -.
Colleen Mastroianni, Assistant Viae President
.,
~CORD",
PRODUCER
CERTIFICATE OF LIABILITY INSURANCE Page 1 o~ 2
877-945-7378
DATE
04/22/2005
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Willi. North America, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305191
Regional Cert Center
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
MDC Holdings, Inc.
& Richmond American Homes of California. Inc.
1305 Corona Point Court
Corona, CA 92879
INSURER A: American International S eeiaIt Lines In 26883-004
INSURERB: American Bome Assurance C an 19380-001
INSURER c:
INSURER 0:
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.
1~1l r..~'ii TYPE OF INSURANCE POLICY NUMBER PRr~Y'!'~8~ POUCY EXP RAnON LIMITS
A ~NERAL UABIUTY GL 933-32-47 6/30/2004 6/30/2005 EACH OCCURRENCE $ 1 000 000
COMMERCIAl GENERAL LIABILITY g~=~t9E~~~cel $ 50 000
- ~ CLAIMS MADE [iJ OCCUR MED EXP IAnvone person) $ 5.000
PERSONAl &ADV INJURY $
- GENERAL AGGREGATE $ 2 000 000
~N'LAGG~nIUMIT APnSIPER; PRODUCTS - COMP/OP AGG $
POLICY I ~~Rr LOC .
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT .
- ANY AUTO (Eaaccldent)
f- ALL OWNED AUTOS BODILY INJURY
(Per person) .
f- SCHEDULED AUTOS
I--- HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Peraccldenl) $
I---
- PROPERTY DAMAGE $
(Peraccldenl)
~GElIABIUTY AUTO ONLY - EAACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE .
5 OCCUR D CLAIMS MADE AGGREGATE $
.
=i DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND we 643-65-18 CA 7/1/2004 7/1/2005 I T~~~IfM1]fs I IOJ~-
EMPLOYERS' LIABILITY
B ANY PROPRIETORlPARTNERlEXECUTlVE we 643-65-19 ADS 7/1/2004 7/1/2005 E.L. EACH ACCIDENT . 1 000 000
B OFFICERlMEMBER EXCLUDED? we 643-65-20 FL 7/1/2004 7/1/2005 E.L. DISEASE - EA EMPLOYEE $ 1 000_000
g~~c~~c;~~~~NS below E.L. DISEASE- POLICY LIMIT . 1. 000 _ 000
A OTHER GL 933-32-47 6/30/2004 6/30/2005
Products / Completed Cpa $3,000,000 Bach Occurrence
Liability $15,000,000 General Aggregate
DESCRFTtoN OF OPERATIONSlLOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS
Re: Tract 16509-1
City fo San Bernardino is named as Additional Insured as respects to the General Liability policy.
CERTIFICATE HOLDER
City fa San Bernardino
Atto: Mike Grubbs
300 North D Stre.t
San Bernardino, CA 92418
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08)
eol1:1277854 Tpl:36492B
@ACORDCORPORATION 1988
t
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statemant
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constnute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Coll:1277854 Tpl:364928 Cert:5703168