HomeMy WebLinkAbout2005-114
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RESOLUTION NO. 2005-114
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 16509-2 (LOTS 32 THROUGH 59) AND THE 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, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING
EXECUTION OF THE STANDARD 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 fmd that proposed Tract No. 16509-2
(lots 32 through 59), a 28-lot, single family, residential subdivision and proposed Tract No.
16509-3, (lots 60 through 73), a 14-lot, single family, residential subdivision located on the
west side of Northpark Boulevard between University Parkway and the Devil Creek Flood
Control Channel, together with the provisions for their design and 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
City of San Bernardino.
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RESOLUTIONonAPPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-2 (LOTS 32 THROUGH 59) AND THE FINAL MAP FOR TRACT NO. 16509-3
(LOTS 60 THROUGH 73)....
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. 16509-2 (LOTS 32 THROUGH 59) AND THE FINAL MAP FOR TRACT NO.
16509-3 (LOTS 60 THROUGH 73)...
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
x
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
DERRY
KELLEY
x
JOHNSON
x
x
MC CAMMACK
Q~ /;; ~
"-
City Clerk
Igli
day of
May
The foregoing resolution is hereby approved , is
2005.
~
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 (9A. day of
7'/t1~ ' 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Universitv Park. LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-2 (Lots 32 through 59); 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 ofthe 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 bv 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 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 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 (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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II. 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 Compensation Insurance/Emplover's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the 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 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 performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit 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
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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-- II'
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 (1) 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
limitation, 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 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
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, indenmify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by 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 II hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'sIDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of 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 Insoection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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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:
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
follows:
Provided that any party or the surety may 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~h~
ERNARDINO
By:
Approved as to form
and legal content:
th alles, Mayor
of San Bernardino
JAMES F. PENMAN,
City Attorney,
SUBDIVIDER:
University 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.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 20 , before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
(This area for official seal.)
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State of California }
ss
County of Orange
On April 12, 2005, 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.
J@--- - ~f~6~~ f
i' NolarY PutlIC . CaIIIomIO ~
t. Otange CoIlnly I
__ _ _ ~,~~~~29~~
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 ofthis form to another document.
Description of Attached Document
Title or Type of Document: .Agreement {Subdivision Improvements}
regarding Tract No. 161109'2 (281otsl
Document Dated: To be dated by Final Signer
Nnmber o(pages 13 page C.)
CapacityGes) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Oflicer'Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a CaIili>mia Limited
Liability Company., Managing member
x
Other signers
James F. Penman, City Clerk
Judith Valles, Mayor City San Bernardino
--T .-
I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
D EXPLORER INSURANCE COMPANY
D 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. 213 4998
Premium: $6720.00
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 Sixty Thousand and NolJOO DOLLARS ($560,000.00) 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
contract dated TBD, with the City of San Bernardino to do and perform the following work, to wit: On-site improvements
to Tract 16509-2 including Street, Sewer and Storm Drain per Agreement.
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 12th day of April, 2005.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF THE WEST
CA-ICW28(71OO)
T
COUNTY OF Los Angeles
} SS.
STATE OF California
On April 12, 2005
, before me, Carl C. Hossli, Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hislher/their autharized capacity( ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf
afwhich the person(s) acted, executed the instrument.
Signature
C(!,
~c....lk.
WITNESS my hand and official seal.
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o iNDIVIDUAL
o CORPORATE OFFiCER
Subdivision Bond
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMiTED
o GENERAL
One
blJ ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
\
April 12, 2005
DATE OF DOCUMENT
SIGNER is REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
f
State of California }
ss
County of Orange
On April 13, 2005, 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.
lfj- ::=!:f...-"-'
$, NoIaIy PublIc: . CaIIomIa I
!. Omnge CounIy -
~ _ _ _ ~~~_~29.:~l
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: Subdivision Bond for Tract 16509-2
$560,000.00 Bond # 213 49 98
Document Dated: 04' 12 , 05
Number of pages 1 page (s)
CapacityGes) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a California Limited
Liability Company., Managing member
x
Other signers
Teresa 1. Jackson-Attorney-in-fact
f
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 213 49 98
Premium: Included in Performance Bond
Whereas, CITY OF SAN BERNARDINO, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, ,and identified as project University Park Tract 16509-2 is
hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and INSURANCE COMPANY OF THE WEST (hereinafter designated as "Surety") are held and
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty-
Thousand and NollOO dollars ($ 280,000.00 ), 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 attorney's 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 ofthis bond by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
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 12, 2005.
Attest or Witness;
(Seal) _
1..-0 cJLSI
~~ ,Lj.
-
(Seal)
CA-ICW 47 (7/00)
r
COUNTY OF Los Angeles
} SS.
STATE OF California
On April 12, 2005
, before me, Carl C. Hossli, Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person! s) whose name! s) is/are subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in hislherltheir authorized capacity! ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hond and official seal.
Signature ~ o....-e '-,~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
Subdivision Bond/Payment
TITLE OF TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
One
III ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004051
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY TIIESE PRESENTS: That Insurance Company oCthe West, a Corporation duly organized under the laws of the State of Cali fomi a, The
Explorer Insurance Company, a Corporation duly organized under the laws oCthe 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 Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deli ver on behal f 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, 2001.
~
~~)
~ .~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive 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 instrument, 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.
} 55.
Witness my hand and official seal.
I@ MARY COBB I
.. ~". cOMM. #1321341
tl NOTARY PIJ8U C.CAUFORNlA II
. SAN OIE\lO COUNTY g
MyCommlSStOn expires
I S~PTEMBER 20 2005 I
~t>>-M
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.
RESOLVED FURTIlER: 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 of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be mcsimile 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."
CER TIFICA 1E
I, the undersigned, Assistant Secretary of Insurance Company ofthe West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certity 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
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 12th
day of
April, 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 individua1(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group,
11455 EJ Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
.
State of California }
ss
County of Orange
On April 13, 2005, 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.
- ~ - ~ - - ~ - - - - - I
~@.. Com=:~6136"
i. Notary PublIc . CaIIomIo ~
~. ~~ l
_ _ _ ~:o:m.~~29.:~
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: Labor and Material Bond fur Tract 16509-2
$280,000.00 Bond # 213 49 98
Document Dated: 04/12' 05
Number of pages 1 page Cs)
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a California Limited
Liability Company" Managing member
Capacityues) Claimed by Signer
x
Other signers
Teresa I. Jackson-Attorney-in-fact
F
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.iCWl!rOuD.com
BOND NO. 213 50 01
PREMIUM S 101.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designaled as "Developer", desires to record
a final map for the development identified as: UNIVERSITY PARK, TRACT 16509-2
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 $ Eight
Thousand Four Hundred and No/IOO Dollars ($8,400.00), 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 N/S, - 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 April 12, 2005.
UNIVERSITY PARK, LLC.
INSURANCE COMPANY OF THE WEST
By: James R. Watson, Managing Member
ere . Jackson
Attorney-In-Fact
APPROVED AS TO SUF
Director of Public Works
CA-ICW 30 (7100)
r-
STATE OF California
} SS.
On April 12, 2005
, before me, Carl C. Hossli, Notary Public
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
COUNTY OF Los Angeles
PERSONAUY APPEARED Teresa I. Jackson
personally known to me (or proved 10 me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hislher/their authorized capacity! ies), and that by his/her/rheir
signature(s} on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature C It
,,__ t.l104.1 .
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.
OPTIONAL
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY{IES)
Insurance Company of the West
10-1232 (REV. 5101)
DESCRIPTION OF ATTACHED DOCUMENT
Monument Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
T ",;?,,),~;!::tf~1''jir,,;.;r,,'''''".
No. 0004051
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 of the West, a Corporation duly organized under the laws of the State of California, 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 behalfofthe 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, 2001.
'J}iJT' ~ ~
~~)
~.~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum., Executive 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 instrument, and acknowledged to me that they executed the same in thejr authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
} ss.
Witness my hand and official seal.
.8 MARYCOB8 I
.. ~" COMM. #1321341
ti. NOTA.Y PIJ8lIC-CALWORNlA Il
· ~AN OIEGO CO!JN'TY !l
.., COmmisslonEltpIres
I S PTEMBER 2C. 2005 I
~. t>>-M
. '-0
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seaJs under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VEn: 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 Attomey(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 officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile 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."
CER TIFICA TE
I, 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
respective Boards of Directors of the Companies, and are now in full force.
12th
IN WITNESS WHEREOF, r have set my hand this
day of
April, 2005
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 ! 1, i and &8" f{)T the ~urety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attP.ched. for information or filing claims, please contact Surety Claims, ICW Group,
11455 E1 Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
J
State of California }
ss
County of Orange
On April 13, 2005, 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.
JANICE WALL
_~ c:om-.#13161S6
i' NoIaIy P\IbIIC . CaIIOmIG
0Iange coonv
MyComm. ExpIIeSAug 29. 2Oll5
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: Monument Bond for Tract 16509-2 $8,400.00
Bond # 213 50 01
Document Dated: 04/12/05
Number of pages 1 page (s)
CapacityGes) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a California Limited
Liability Company., Managing member
x
Other signers
Teresa I. Jackson-Attorney-in-fact
I'
04-14-2~05 10:20am
From-SHUMAKERSTECKBAUERWEINHART
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300 H. "I)" Su_t
Baa a.r.aa~BO Ck 92418
CANCI!~u.naN
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CATlTHIiII_.ntIi__......_TD__ *30 1lA'Ill-.at
_TO...._Tl_.._TC TIlE l.IPT. IUT';TO OOWIllAU,
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b&:I1b.1T."~
.cORD 2S (2001108)
L-_______
04-14-C005 10:20am Frcm-SHUUAKERSTECKBAUERWEINHART
2132292975
T-937 P.004/004 F-930
.
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PoliS}' No. MGL0140560
Mt Hawley Insurance Company
.
THIS ENDORSEMENT CHANGES THE POI,ICY. PLEASE READ IT CAREFULLY.
,
AtIDITIO.NAL INSURED -
STATE OR POL.lTICAl SUBDIVISIONS - PERMITS
This endorsement modifies Inlluranclil provided under the following;
COMMERCIAL GENERAL LIABIL.ITY COVERACIE PART
SCHEDULE
State Or Political SubdlYillion:
City of San Bemardlno,'including City, Agency and the electelll)fficlals, officers, employees,
altornoys and agents of each of them:
300 N. BOR'Street, San Bernardino, CA 92418
City of San Bemardino, Economic Developmt "t
201 North "EB Street, lSin Bemardino, CA 924~1-1507
(If no entry appears abolle, information required to complete this endorsement Will be shown in lI1e Oeclaratiol)$ as applicable to
this endorsement.) .
Section n - Who Is An Insured III amended tll include as
an insured any stats or pOlitical subdMsion S.10wn in the .
SchedUle, subject to the follOWing provisions:
1. This Insurance applies only wilh respect tc operations
perfonmed by you or on your behalf for whi;h the state
or political subdivisio~ has iIlsued I permit
7:. This insurance does not apply to:
a. 'Bodily injury," "property damage" or 'personal and
advertising in) ury" arising out of operations per-
formed for the state or municipality; or
b. 'Bodily Injury" or .property damage" included within
the 'proclucls-comple18d operlllione hazard",
, .:.~ . .". .,.._~_. .---..-...... ..... .'''''. ...... .... .' . .- .
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. '.w~ ........... .. .... ..' .
COpYngh ~ Insl.Irance Se~ otrIce, IrI.c.. 1 99~. .
. _. _...:.....~alll!.1 ~1....._~.__
....
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JI:
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
1816.
day of
'M~
, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and University Park. LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-3 (Lots 60 through 73); 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 bv 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 - Extensiol\. 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. Reoairs and Remacements. 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 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. Utilitv Deoosits - 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: Comoliance 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 Municioal Code.
8.
Suoerintendence 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 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 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
perforn1ance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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II. Subdivider's Insl,lrance. 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/Emolover'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 Liability 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 Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit 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) Prooerty Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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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 tbis
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 (I) 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
limitation, 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 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
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 ofthis Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by 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 shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Imorovements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Reoair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of CiJy. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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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 Il1
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:
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
follows:
Provided that any paliy or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
II
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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:
~.l b. ~
By:
Approved as to form
and legal content:
dit Valles, Mayor
ity of San Bernardino
JAMES F. PENMAN,
City Attorney,
SUBDIVIDER:
University Park, LLC
} . ~ ..-----
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&c1d~~ell1ber
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
On this day of ,20 ,before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
-
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of thc corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
(This area for official seal.)
13
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State of California }
ss
County of Orange
On April 12, 2005, 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.
- - ~ - - - - ~ ~ - - - ~
JANICE WAlL
~@... Commlsslon" 1316136 ;
~,.; Nolaly PublIC . CaIlomIa ~
~. ~~d
__ _ _ ~~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: Agreement <Subdivision Improvements)
regarding Tract No. 16ft09-3 (I41otsl
Document Dated: To be dated by Final Signer
Number of page. 13 page Ca)
CapacityGes) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(.):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a Califurnia Limited
Liability Company.. Managing member
x
Other signers
James F. Penman, City Clerk
Judith Valles. Mayor City San Bernardino
I.C.W. GROUP
I;g] 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. 213 4999
Premium: $1500.00
Subdivisiou 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 ONE HUNDRED TWENTY-FIVE THOUSAND AND NOli 00 DOLLARS ($125,000.00)
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
contract dated N/S, with the CITY OF SAN BERNARDINO to do and perform the following work, to wit: Subdivision
improvements covering Street Improvements and Sewer Improvements for Subdivision UNIVERSITY PARK, Tract
16509-3.
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 12th day of April, 2005.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF 11rn WEST
By:
By'-
e a I. Jackson
Attorney-in-fact
CA-ICW28 (7/00)
STATE OF Califomia
COUNTY OF Los Angeles
} SS.
On April 12, 2005
, before me, Carl C. Hossli, Notary Public
PERSONAUY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hislherltheir authorized capacity( ies), and thot by hislherltheir
signature( s) on the instrument the person( s), or the entity upon behalf
of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature C!.o.....-e- '""~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
T1TLE(S)
Subdivision Bond
TITLE OF TYPE OF DOCUMENT
o PARTNER(S)
o LIMiTED
o GENERAL
One
III ATTORNEY.iN.FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
State of california}
ss
County of Orange
On April 13, 2005, 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.
l@ ~:':f..;;.' ,
$' NoIarY NlIIC . CaIIIOIIlID
! 0Iange CoIlnlV l
i _ _ _ ~~m.~~29.:~
Place Notary Seal Above
v..)~
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: Subdivision Bond No 213 49 99
Regarding Tract 16509-3
Document Dated: 04/12/05
Number of pages 1 page (s)
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, IJ...C, a California Limited
Liability Company., Managing member
CapacityGes) Claimed by Signer
x
Other signers
Teresa I. Jackson-Attorney-in-fact
~
I.C.W. GROUP
rRrINSURANCE COMPANY OF THE WEST
D THE EXPLORER INSURANCE COMPANY
D INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 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)
Bond No.: 213 49 99
Premium: Included in Performance Bond
LABOR AND MATERIAL 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 N/S, " and identified as project UNIVERSITY PARK, TRACT 16509-
3 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) ofPart 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 SIXTY TWO
THOUSAND FIVE THOUSAND AND NOlI 00 dollars ($ 62,500.00 ), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the
face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,.incurred by 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 by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
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, 12,2005.
Attest or Witness:
By: (Seal) c ~ ,,"-'-'-" ,,'- '^ 0 9
-
By: (Seal) ~(L ,., " (f-<y.>./ ...'
CA-ICW 47 (7/00)
STATE OF California
COUNTY OF Los Angeles
} SS.
On April 12, 2005
, before me, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hislherltheir authorized capacity( ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hond and official seal.
Signature CC! ~ L ,__ (~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Subdivision Bond/Payment
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(Sl OR ENTITY(IES)
Insurance Company of the West
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
10-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004051
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty aod 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 fomi a, 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 L JACKSON, CARL C. HOSSLI
their true and lawful Attomey(sHn~Fact with authority to date, execute, sign, seal, and deliver on behalf ofthe 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, 200t.
(t"tJ;<'f~~
{~i
~
.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of Cali fomi a
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 instrument, 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.
.8 MAAYCOBB I
.. ~'" COMM. #1321341
0, NOTARV PlJ8UC.CAUFOONIA II
!II. SAN llIEt;O COJJN1'Y !l
u, My CommtsSlOn Expires
I SEPTEMBER 20. 2005 ,
~~
Mary Cobb, Notary Public
RESOLUTIONS
lhis 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 respecti ve 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.
RESOLVED 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 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."
CER T1F1CA TE
L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer lnsurance 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 duty adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, l have set my hand this
12th
day of
April, 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 filing claims, please contact Surety Claims, IeW Group,
11455 E1 Camino Real, San Diego, CA 92130.2045 or call (858) 350.2400.
State of California }
ss
County of Orange
On April 13, 2005, 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.
Ji- :':=!i...: -,
~. NoIary PublIc . CaIIomIa t
J' Orange cOI.I1ly -
J _ _ _ ~~m'~~29.:2~f
Place Notary Seal Above
\..}o..)
of Notary Public
Optional
Though the information below is Dot 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: Labor and Material bond No 213 49 99
Regarding Tract 16509-3 $62,500.00
Document Dated: 04/12/05
Number of pages 1 page (s)
CapacityGes) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a Califurnia Limited
Liability Company., Managing member
x
Other signers
Teresa 1. Jackson'Attorney-in-fact
~
I.C.W. GROUP
~ 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.icw!!rouo.com
BOND NO. 213 50 00
PREMIUM $ 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 16509-3
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 fmal 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 gnaranteeing 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 $ Four
Thousand Two Hundred and Noll 00 Dollars ($4,200.00), 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 N/S, - 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 April 12, 2005.
UNIVERSITY PARK, LLC.
INSURANCE COMPANY OF THE WEST
By: James R. Watson, Managing Member
Director of Public Works
CA~rcw 30 (7/00)
STATE OF California } SS.
COUNTY OF Los Angeles
On April 12, 2005 , before me, Carl C. Hossli, Notary Public
PERSONAUYAPPEARED Teresa I. Jackson
,
personally known ro me ! or proved to me on the basis of satisfactory
evidence) to be the person! s) whose name! s) is/are subscribed to the
within instrument and acknowledged to me thot hdshelthey executed
the same in hislherltheir authorized capacity! ies), and that by hislherltheir
signature!s) on the instrument the person!s), or the entity upon behalf
of which the person(s) acted, executed the instrument. . CARl. c. HO$'IU
. Com....., 1393107
WITNESS my hand and official seal. Notary PIA.*: - C<*lma
Los AnQlIIeI CoInv
~c......e ~ ,k MvCanm. EidlI.:a. 14 'Jlt1l
Signature
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Monument Bond
TITLE OF TYPE OF DOCUMENT
T1TLE(S)
o PARTNER(S) o LIMITED
o GENERAL One
III ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: April 12, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(tES)
Insurance Company of the West
University Park, LLC
SIGNERtS\ OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004051
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 of the West, a Corporation duly organized under the laws of the State of California, 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 J. 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, 2001.
~~""'"
~~}
~~
INSURANCE COMPANY OF TIlE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive 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 instrument, 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.
} ss.
Witness my hand and official seal.
I@ MARY COBB I
.. ~.. COMM. #1321341
0, NOTARY PIJ8lJC.CAUfORNlA 1l
01 SANOIEc;;oCO!JNTV !2
u, My CommlS5lO1'1 expires
I S~PTEM8ER 20 2005 I
~~
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signattlres 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
document".
RESOLVED 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 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_ "
CERTIFICATE
I, the undersigned, Assistant Secretary of hlsurance Company of the West, The Explorer Insurance Company, and hldependence 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
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 12th day of April, 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 AttomeyNumber,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, JCW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
r-- -- -
r
State of California }
ss
County of Orange
On April 13, 2005, 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.
l@- ::=!:':~6':- ~
! NIl Notary PublIc - CoIIIomIa I
J. Orange CClIjIlIy f
,_ _ _ _ ~~m.~~2~~
~
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: Monument Bond for no 213 50 00
$4,200.00 for Tract 16509'3
Document Dated: 04/12/05
Number of pages 1 page (s)
CapacityCies) Claimed by Signer
x
Signers Name: James R. Watson
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: University Park, LLC, a Califurnia Limited
Liability Company., Managing member
x
Other signers
Teresa I. Jackson-Attorney-in-fact
,
04-14-2005 10:20.m
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04-14-2005 10:20am From-SHUMAKERSTECKBAUERWEINHART
2132292875
T-837 P.004/004 F-830
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Polic;y No. I'IIGL0140560
Mt Hawley Insurance Company
THIS ENDORSEMENT CHJINGES THE POLICY. PLEASE READ IT CAREFULLY.
ArlDITIONAL INSURED -
STATE OR POL.lTICAl SUBDIVISIONS - PERMITS
This endOl'$ement modifies insurance provided Ilnder the folloWIng:
COMMERCIAL GENeRAL LIABILITY COVERAClE PART
SCHEDULE
State Or Political Subdlvlsion:
City of San Bernardlno,- including City, Agency and the elected officials, officers, employees,
attomoys and IIgQnts of each of them:
300 N. "O.'Streot, San Bernardino, CA 92418
CIty of San Bernardino, Economic Developrm nl
201 North "E" Street, siln Bernardino, CA 924~1-1507
(If no entry appears above. infonnation required to complete this endoreement will be shown in the Deciarations as applicabls to
this endorsement.) _
Section n - Who Is ArIlnsured III amended tit include as
an i.,sured any state' or pOlitical subdivision s 1 own in the .
Schedule, subject to the follOWing provisions:
1. Thl:; Insurance applies only with respect tc operations
performed by you or on your behalf for whi =h the slate
or political SUbdivision has issued a permit.
2. This insurance does not apply to:
a. "Bodily injury,' "property damage" or 'personal encl
advertising in! ury arising oul of operations per-
formed for the state or municipality; or
b, "Bodily injury" or 'property clamag.' includecl within
the 'products-comPlellld opel1ltione hezard",
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;G 20 1207 9S
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Copy,ish ~ Insl.lrance SeM~ Office, Inc., 1997
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