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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution approving Final Map for
Tentative Tract Map No. '16865
located on the south side of
Northpark Blvd. Approximately
1700' west of Little Mountain Drive
and 2000 ' east of University
Parkway.
Dept: Development Services
Date: November 16, 2005
File No.: TR No. 16865
MCC Date: December 5. 2005
Synopsis. of Previous Council Action:
None.
Recommended motion:
C Adopt resolution.
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Contact person: Lynn Parker, Sr. Civil Engineer
Ext.5110
Phone:
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Ace\. No.)
(Acet. Description)
Finance:
Council Notes:
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Agenda Item No. J 7
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CITY OF SAN BERNARDINO - . REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tentative Tract Map No. 16865 located on the south side
of Northpark Blvd. Approximately 1700' west of Little Mountain Drive and 2000' east of
University Parkway.
BaciQuound:
On September 8, 2004, the Planning Commission approved Tentative Tract No. 16865
(Subdivision No. 04-11).
The developer has posted the required bonds and insurance and has executed the standard
Subdivision Agreement to guarantee the construction within 24 months.
All conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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11/181051:16 PM
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
3 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD
4 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE A:'oiD 2,000
FEET EAST OF UNIVERSITY PARKWAY Ii\' THE RV-I, RESIDENTIAL VREA"
5 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; A:\TD AUTHORIZING EXECUTION OF THE STANDARD FOR.'\1 OF
6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIOl\, WITH TIME
7 FOR PERFOR.'\tANCE SPECIFIED.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
9 CITY OF SA:\T BERNARDINO AS FOLLOWS:
10 SECTION 1. The Mayor and Common Council find that proposed Tract Map )\0.
11 16865. located on the south side of Northpark Boulevard approximately 1,700 feet west of
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Little Mountain Drive and 2,000 feet east of University Parkway in the RU-1. residential
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urban land use district, together with the provisions for their design and imprOVCmelll. IS
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15 consistent with the General Plan of the City of San Bernardino.
16 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
17 City to execute the standard form Subdivision Improvement Agreement with Northpark 19.
time for performance is as specified in the Agreement. 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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said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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SECTION 3. The Fina! :vIap of said Tract Map is herebv approved and the Cil\ ,d'Sill
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
28 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
~o. /71.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT :\IAP NO.
2 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD
3 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000
FEET EAST OF UNIVERSITY PARKWAY IN THE RV-l, RESIDENTIAL URBAN
4 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FOK\I Of
5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SCBDIVISION. WITH TI:\IE
6 FOR PERFORMANCE SPECIFIED.
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agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
The City Clerk shall cenify approval and acceptance of the Mayor and Common
Council as set fonh in this Resolution.
11 SECTION 4. This Resolution is rescinded if the panies to the agreement fail to
12 execute it within sixty (60) days of the passage of this Resolution.
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/11
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1 RESOLUTION OF THE MAYOR A:\'D COMi\lOl'i COl.;NCIL OF THE CITY
OF SAN BERNARDINO APPROVIl'<G THE FINAL MAP FOR TRACT MAP :\'0.
2 16865. LOCATED ON THE S01..:TH SIDE OF l'<ORTHPARK BOVLEVARD
3 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000
FEET EAST OF UNIVERSITY PARKWAY IN THE RU-I, RESIDENTIAL URBAl'i
4 LAND USE DISTRICT, ACCEPTING THE Pl'BLIC DEDlCATIOl'iS AS SET FORTH
0:-.1 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 AGREEMENT FOR THE IMPROVEMENTS 1:-.1 SAID S1..:BDlVISION, WITH TII\IE
6 FOR PERFORiVlANCE SPECIFIED.
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof,
9 held on the day of
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Council Members: AYES
11
12 ESTRADA
13 LONGVILLE
,2005, by the following vote, to wit
NAYS ABSTAIN ABSENT
14 MC GINNIS
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DERRY
KELLEY
JOHNSON
MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this day of
,2005.
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25 Approved as to
form and legal content:
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Judith Valles. Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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EXHIBIT" A"
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
, 20_. by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as ''City,'' and Nonhpark 19, LLC, hereinafter referred to
as "Subdi\'ider."
RECITALS
A, WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16865; 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. \\'HEREAS, 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 pan 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 an} of said impro\'Cl11ents 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 'vlap Act of the State of California and Tille 19 San Bernardino Municipal Code.
]\iOW 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 perfomlance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. Perf<lrmance 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 <If 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 eause is shown therefor. the City Engineer may extend the
time for completion of the impro\'Cments 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. . Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be perfom1ed 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, gi,ve 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 havc 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 Cit)' to all parts of the work and to the shops wherein the
work is in preparation.
] O. Contract Security. Concurrently with the execution hereof. Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement: and.
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (]) 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
subj~ct to the approval of the City Engineer and the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreemcnt 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 ha\'e
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
carn er,
(a)
Workcr's
Compensation
Insurance .'Emplover' s
Liabilitv
Insurance.
Subdivider shall maintain. during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider, In case
any dass of employces engaged in work under this Agreement at the site of the
project is not protected under any Workcr's Compensation Law, Subdivider
shall pro\'ide, and shall cause each contract(\[ and subcontractor to provide,
adequate insurance for the protection of cmployces not otherv;ise protected,
Subdi\'ider shall indemnit~ City for any uamagc resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liahilit\. and Property DamaQc Insurance. Subdivider shall takc out anu
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maintain, during the life of this Agreement, such public liability and propert:
damage insurance as shall insure City, its electi,.e 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 bv 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:
(l) 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) Propertv 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 occurrelKe.
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 fonn of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail CoveraQe. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (l) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the term "personal injury"
shall be defined as a hUl1 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 catTier will be
required to give City at least ten (l0) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards.
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests. court
costs, atlomey's/Iegal fees, and all other expenses incurred by the City arising in favor of 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 telms 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. Subdi,'idcr,
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 shan, 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
appl icable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider"s/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to. and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely 111 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 p3l1 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 bef(lre the Subdivider can be notified, City may, at its option, make the
necessary repairs (lr replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are. or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. C(lst of Engineering and Inspecti(ln. 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 there(lf, 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 genera] 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, subc(lntractors, agents or employees, should violate any of the
provisions of this !\greement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Suretv or Cit\,. 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
10
C
2
,
J
4
5
6
7
8
9
10
11
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16 II
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30
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 there for,
20. Notices. All notices herein required shall be 111 writing, and delivered 111
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 "0" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Northpark 19. LLC
13160 Mindanao Way. Suite 180
Marina del Rey. CA 90292
(c) Notices required to be glv'en to surety of Subdivider shall be addressed as
follows:
I"iSCO INSlJRA.NCE SERVICES, I"ie.
I 7780 Fitch. Suite 200
In'ine. CA 92614
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,
21. Successors Bound. This Agreement shall be binding upon and inure to the
II
c
o
o
benefit of each of the parties and their respective legal representatives, successors, heirs and
2
assIgns.
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
4
and year first above written.
ATTEST:
CITY OF SA\' BERl\'ARDI:\O
By:
City Clerk
Judith Valles, Mayor
Citv of San Bernardino
.
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney.
~'{;:'t"~) _-7 . -
By: JY I "'/
. .r~ ,I
, .
'.~
]2
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o
o
.
INSTRl'CTlONS
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 CALIFOR:\TIA )
) ss.
COUNTY OF'~'''~''(S,c..~ )
I I.
On this / 7-1' ~ day of !l~lt..f'/<.,f,I?,r ,200'>", before me, the
undersigned. a )\;otiJry Public in and for said County and State, personally appeared
/ /r( '- ./--t;,);..-'1 '.. . -=c. ~; . ,C ",I (:....,. i ~
perJionally know to m~ (or rove to 0 the sis of satisfactory evidence) to be the
;/;('" Y. President. and personally known to
me (or roved me on the basis of satisfactorv evidence) to be the
. of the corporation that executed the withlll Instrument. and
know to me to be t 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.
WIT?\iESS my hand and official seal.
BREJESH ARVIND PATEl
@._....CommISSlon#1430517
~ .:0: ::, Notary Public - Colifo~nia ~
z~.. ". ' Riverside County
. . My Comm. Fxplre. Jul14. 2007
( 1115 area or official seal.)
~ 'fcS~-c~.
Notary Signature
I'
J
<;]'[;;)..
Insccelco
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Suite 200. Irvine, California 92614. (949) 263-3300
BOND NO. 7254985
S 5.480.00
a term of
Two
premium is for
year(s)
SUBDIVISION IMPROVEMEI'\TS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NMhpark 19, LLC, a California limited liability company , as Principal,
and pevelopers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the
laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety. are held and firmly bound unto
City of San Bernardino
800 North D Street, San Bernardino, CA 92418
as Obligee. in the sum of Two Hundred Seventy Four Thousand and NO/100ths -~-----------------------------------
------------------------------ ($ 274,000,00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITIO" OF THE OBLIGATION IS SUCH THAT
WHEREAS, the above named Principal, as a condition of the filing of the final subdi\'ision map of (Tract'Parccl) Map No.168~,
StreeVSt_Drain!Sewer _ entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agrct:menl or agreements.
!'\OW THEREFORE. the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect.
IN WITh1ESS \VHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto aflixed and attested by its duly authorized Attorney-in-Fact at Irvine
California, thiS
10th
day of
November
2005
YEAR
"PRINCIPAL"
"SURETY"
~O~~R~~_~'~'=-C--,-~ Calif~~nia limited liability company
Developers Surety and Indemnity Company
in-bcl
~--~
. ," !;.
._.~--::-... ,
ll) W ,41(\ I ,,' ttl
Vi~W-.L
10-1266 (eA) (REV. 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOY 1 0 200i
before me,
personally appeared
Victoria M. Campbell
Melissa A. Covarrubias. Notarv Public
Name IfldTllle of OffIcer (eg.. -Jane Doe. Notary Putlhc")
Namesjof Slgl'ler(s]
ILl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
J.@--- - M~lI;SA -;.. ~;AR;~lAS- ~
Commission 11 1562658
III Nofary PWc - CoJiromlo f
OIange County -
MvCorrm.E>cpIeoMa22,2009
WITNESS my hand and official seal.
SIgnature of Notary flubllc
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.
OPTIONAL
Description of Attached Document
Title or Type of Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[i Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb nere
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
BD~'1339/97
Number of Pages:
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
C Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
'jj'~
Inseemleo
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Suite 200 -Irvine. California 92614. (949) 263.3300 7254985
BOND NO.
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19. LLC, a California limited liability company ,as Principal.
and Developers ::iurety ancrTila'emnlty Company , a corporation organized and doing business under and by virtue of the
laws of the State of iowa and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino
OLI' . L f One Hundred Thirty Seven Thousand and NO/l0oths ---.------.----------------------
as u Igee, In tile sum 0
_------------ ---- ---- ---- - - -- ---- -- - ($ 13f,UUU.UU ) Dollars, forwblcb payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS. the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
City of San Bernardnio
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. TR #16865 StreeUStorm Drain/Sewer Improvements
by the Government Code of California.
__' as required
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and tjled to comply with Section 66499 tbrougb and including Section 66499.10 oftbc Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety,
Ii'\ WITr\ESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney.in.Fact at Irvine
California, this
10th
day of November
2005
YEAR
"PRI:-lCIPAL"
"SURETY"
NorthP?!~~~LC. a Califor!lia limited liability company
Developers Surety and Indemnity Company
Attorney-in.Fact
-;Y' ..-
"'-.- ." ;". , , "
~~.:......,.~-~,---- --,./~, ~~,~~~~~-
I
BY:
10.;265 (CAl(REV 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oranee
On
NOV 1 a ZOOS
before me,
personally appeared
Victoria K. Camobell
Melissa A. Covarrubias. Notary Public
Name and Title of Officer le.g-. . Jane Doe. Notary Pubhc"l
Names) of Slgner(s~
IlJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
"MElISSA A. COVARRUBIAS
CClrlYT1Isskln # 1562658
NofOly Public: - COIilomlo f
OrC1n1/8 COCXlty -
MvCCJnYn.&piesMar22.2OO9
WITNESS my hand and official seal.
Though the information be/ow 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.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
ex Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
80-11339/97
Number of Pages:
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
'i]'~
InSC~JlCO
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suile 200 -Irvine. California 92614. (949) 263.3300
MAINTENANCE BOND
BO~D NO,: 7254985
Premium included in Perfonnance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Northpark 19, LLC, a California limited liability company
and Developers Surety and Indemnity Company
and by virtue of the laws of the State of Iowa
business in the State of California, as Surety, are held and fimlly bound unto
, as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
City of San Bernardino
as Obligee, in the sum of 5IXty Eight Thousand Five Hundred and NOl100ths -------------------------
($ 68,500,00 ) Dollars, for which paymcnt, well and truly to bc made, we bind ourselves, our heirs, executors
and successors, Jointly and severally firmly by these presents.
THE CO~DITION OF THE OBLIGATION IS SUCH THAT:
\\'HEREAS. the above named Principal entered into an agreement or agreements with said Obligee to:
TR #16865 SlreeVStorm Drain/Sewer Improvements
\,\'HEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and anested by its duly authorized Attorney-in-Fact
this
10th
day of November
2005
YEAR
Northpark 19, LLC,. a Catifornia timited liability company
Developers Surety and Indemnity Company
"
Principal
./
"
.'
-
< I '/ f./ . ,y'/.
...._c_~"'o-.
/' ....._.;.~-
,.--'
10-1201 (CAl (One Year Term) (REV. 3f01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOV 1 G 200S
before me,
Melissa A. Covarrubias. Notarv Public
Name and Tille 01 Officer (e-9 . "Jane Doe. Nctal"y Public")
personally appeared
Victoria M. Camobell
Names) of Slgner(s)
ILl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
I@' .::,;. ~ ~~"I
- CcmmIssIon # 1562658
· Nolay PIJbIIc . CODfomlo f
Orange CCUlty -
MyCarm Expies Mar 22, 2009
WITNESS my hand and official seal.
rgnalureof NOlary PubliC
OPTIONAL
Though the information belOw is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
[j Trustee
o Guardian or Conservator
o Other: Top of thumb here
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[i: Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of tnumb nere
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
8D-' 133 9/97
c-:=_cr~
o
::JICO
~-.~~_ _~:'l__ ~"'?
DISCLOSURE RIDER
Terrorism Risk Insurance Act of2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Goverrunent will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$ I ,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not. however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premIUm has been charged for the terrorism coverage
required by the Act.
c
Developers Surety and Indemnity Compan)'
Indemnity Company of California
17780 Filch
Irvine, CA 92614
wW\\.lnscodico com
o
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 11)7~~. IRVINE. CA l)16:!.~ /t)491:!(I.._.1.l00
KNOW ALL MEN BY TIIESE flRESENTS. Ihal ",x~''''r' as I.:xpr..."...ly Iimih:d. DEVELOPERS SURETY AND INDEM~ITY COMPANY anti INDEMNITY
COMPANY OF CALIFORNIA. do ead,. heft'hy lll<1ke. cOnStltule and arf'lOllll
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
as Their TI'\Il: ;llld lawful .-\lllHl1t'yls)-IIl.Facl. to Ill;!kt'. c\t'etlle. dt'II\t'1 ;llld Jdno\\ kdgt'. for anti Oil ht'h;tlt' of ...ald Cflrpl1rJllolls. <IS Slln~tll~S. bonds. Ulldel1akings
;111(.1 COlltriH.:b of "l1rl'ly,llIp giving ;1Ilt! gl.lntlllg 111110 'i;lId AlllJflll'y(,l-in-Facllull power ;lIld aUlhurlty tn ttll ami 10 PI.:i't(HI1l ...\~,'ry w.:llh:n:s,;lry. rCIJuisill..' ur proper
to hI.: dOll\,.' III COllll,.:cltulllh.:r\'wilh ih c,u.:h of "lid \:orpofallOn' \:o(lld tI(I. hul re",:nillg 10 e:lt:h pf"lId l'mpor,lllOllS full pow..:r of ,uhsllltllioll iHllt n.:vm.:.\Iion. "lid
i111 uf lhl' a..:ls of Silllt Atlorneyls)-m-Facl, rursllanllolh..:s..: pr":'l'nls, OIl": hl'r..:hy rill,ticd .lI1d I:olllinn..:d.
This Power of AllOI"IH;'~ is gr<lnled illld is signed by facsimrle under and by ;lUlh(lriIY of Ihe following res(llllliotls lldorled tly Ihe respective !3O;lrd of Direclors of
DEVELOPERS SURETY AND INDEMNITY COMPANY ;lnd INDEMNITY COMPANY OF CALIFORNIA. eflel:live <IS Of NCl\emher I, 2000:
RESOLVED, Ih,llll1e Chairnwn oflhl' Board,lhc Prc,ilknl :lIld .my Vi..:..: Presid,,'lllllflh..: l.:orporillion bc. amllhm cadl uflhell1 hl'rcoy is. lltJlhurizcd In
l.:x":l'lIle Powers llf AlIOtlll'Y-lJU:llify ing the ,lllOl"lleylslllallll'd inlhe Pm'>'!:,.s ofAllol"lley 10 eXenlle. on beh,llf nflhc l.:llrporalltlllS, bonds, lllldi..'rlakings and eontf:lcls
of '\Ir~ly,hir: <llld Ilwl th~ Senelary or llny As,i,t.ull S~l'r~t;lry llf Ihe corpor<lliolls he, and e;lch of lhem h~rt"hy is, <lulllori7ed 10 alflO'SI Ihe e:o:el:ulion of ;lny slIch
P(lWer ofAllorney:
RESOLVED. FURTIIER, Ihal lh..: sign.lltlrl." (If 'lIdl (Iflin:rs Ill,'y he ,Iflixl.'d Itl allY such Ptl\VL'1' of Allorncy Ol' 10 ,Illy ccrlilic.llc rclilling thcrdn by
1;lI.."simik, alld ,lilY .;lId, PtI\\'L'r ufAllOl"lll'Y or L'crlllieillL' hcaring 'lldl Lll'sunde signallll'c' shall he \,did ,lll(! bllldillg ujltln 1hL'l.'orpmali(1ll "hell S(I atlixcd ilntl in
!he flllurc wllh I"C'llL'l'lltl illly huml, lI11d..:rlilkillg Ill" l.:t1111rilC1nf surcly,hlp III which IllS allal'l'L'd.
o
~y
IN WITNESS WHEReOF. DEVELOPt:RS SURETY AND INDEMNITY COMPANY .lIlt! I~DEM:\ITY COi\1rA~Y OF CALlFOR'JIA h<l\"e severally caused
these prescnts to he ,,!:;ned by Iheir respective I:>o;eellli\c Vice Presldenl <llld ;;lllesled tly Iheir reSpecli\'c Sel:rd;lry this 1 sl day of OC10her, 200J
C-=') ~
OlIO."....,..
.".".~ AND I~"'"
.,..~~:................ ~~"'"
I~......o~p OR41'.....:4-~\.
i",'" ~ <'"' ~,':A:.
:Q:': OCT. 1..c.:
;~~ 10 ~n~
\~\ 1936 j~f
':. \l> '. "'b:
\,Z;~....~,~~.~...,~~~...l
......".".~.,.".......
D;;l\'ld H.
Rhode,. E-,<enl!ive Vice.Pres,denl
AJw t~
Cro\\dL SCOCI:II"j
By
\\'<lherA.
STATE OF CALlFOR'IA
1
lSS
1
COUNTY OF ORANG!:::
On OCloher I. ~OOJ. before nie. Diane J. Kawala_ rersollrllly ;lpreared D<lvid H. Rhodes rlnd ";<lller A. Crowell. persoll<ll!y kllOWIl10 Ille (or "roved 10
me (Ill lhe h"sis of salislilClory e\idcneel 10 be Ihe pcrsons whos..: namcs ilre s\lnsl.:1 ihed tu Ihe wilhin inslruml'nl ilnd lll.'knowledgcd 10 Ille Ihat they cxecuted the
Sllllle in their iHIlhorizl'd \:;Ipal.'ilies, <lnd lhill hy lheir "ignillUres nnlhc inslnllllenllhL' enti1y upon hdl;llfllfwhich llll' person" ,1l'le(L CXl'clltet.! Ihc illstnllllcnl.
)~::h^~~:~~
Lij U
SlgIlOlIUIC'
~- DIANE J KAWATA ~
O~''':':'.. COMM.1334746 ::
~ ~~ ~. Notary PubliC - CalilOrrl'a ~
~ ~-_. ORANGE COUNTY ~
~ . . My Comm E~plre$ Jj!l.1I.I8, 2006 ~
CERTIFICATE
The 1IIldl.'fsign..:d. .1" Senior Vicc-Prcsillcnl. Underwriling of DEVELOPERS SURETY AND INDEMNITY COMPANY ilnd INDEMNITY COMPANY
OF CALIFORNIA, (h)~s hereby e~"'tif] Ihrll Ihe foregoing rower of Al1Ol"lley relll<lins in tilll force and has I1Clf been revoked, ;lnd till"lhermore, th;lllhe provi!'iol1!>
001 the re..ollltlOm olthe U:sreCII\ 10' BOrlrds 01 Dllectors ot saId COI rOlnllons 'el 10llh III fhe Powel 01 .\1I011lC'), ;lIe tll l(lIce <lS 01 lhe d<lle Ollhls Cel1,ticate
Th" (elllt"ll.1I..:" exel,:llled mlhl' (IIY lIt Ir\ll\e. (.IIIiWI1I,', rhe (t.IY ot Nay 1 0 2(l)5
u,
D
(;)
Weslcy \V Cowlillg enior Vice-Presidelll. Ullden\lri I g
rn_lllU'lI~," 1(\;(l~1
o
o
o
y~
InSc@IICO
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surely and Indemnity Company
Indemnity Company 01 California
17780 Fitch, Suite 200 -Irvine. California 92614. (949) 263-3300
www.lnscoDico.com
BOND NO. 7255005
$ 114.00
term of Two
premium is for a
year(s).
MONUMENT A TION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS, Northpark 19. LLC a California limited liability
Company
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TR #16865
; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal. and the Developers Surety and Indemnity Company
17780 Fitch. St. Ste 200. Irvine. CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of Five Thousand Seven Hundred and NO!100ths
____m_________________________________________________------------------- , ($ 5.700.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the selling monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et seg., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then thiS obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees lhat no change. extension of time, alleration
or additIOn to the terms of the Agreement or Contract. or to the work to be performed thereunder, shall in any way
affect ils obligations on the Bond, and it does hereby waive notice of any such change. extension of time, alteration
or addition to the terms of the Agreement or Contract
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on November 10 . 20 05
Principal
Northpa~~~';.C, a California limited liability company
/
~',/ i
Surety
Developers Surety and Indemnity Company
"
/ ,
~_.--""";-
BYv~Dr
!
By:
Attorney-In-Fact
10-1416 (GA) (7/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOV 1 C 2acs
before me.
Melissa A. Covarrubias. Notary Public
Name and Title 01 Officer (e,g.. "Jane Doe, Nolary PutlhC-)
personally appeared
Victoria M. Camnbell
Names) 01 S'gner{sl
IiJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
~,,- - - - M~L~ ~~~;V<S- J
_ COl...l6ssIot, # 1562658
~ .. NolaIy PublIc . CoIfomlo I
~. ~~C~ f
_ _ _ ~:~~~_~22.:.?~
WITNESS my hand and official seal.
.
~
OPTIONAL
Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
[] Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
[] Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[]i Attorney-in-Fact
C Trustee
o Guardian or Conservator
C Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
~
Signer Is Representing:
Signer Is Representing:
BD-11339;97
-.-.J:;::
c
:::lIce
'DS=-~: -5,'~~~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premIUm has been charged for the terrorism coverage
required by the Act.
o
Denlopers Surety and Indemnity Compaq)'
Indemnity Compan)' of California
17780 Fitch
In'me. CA 92bl.l
WWW,lJlscl)dicocom
c
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 197~5. IRVINE. CA l)~6~.1 (9491 ~(I_I_...,On
KNOV.: ALL MEN AY TIIE5E PRESENTS. lhat 1.:Xl.'~'rl '" ('(lHl'"..ly linuled. DEVELOPERS SL'RETY ..\""0 !!\iDEMNITY COMPANY ,lilt! INDEfo,-lNITY
COMPANY OF CALIFORNIA. do each. hereny make. cOllslihlle ;lIld apl'olllr:
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
.1" theil' Hlle ;11ld I,m hd Attnmeyl..)-ill-Fncl. It) m,lke. e\Cl'Ure. dellH:r and :,u:kllowlt-dgt'. liH and 011 nl'h;11f Ill' ...lId cOrpOI':lIIOlh. as ..ure-IICS. honds. IlIldenakillgs
and cOll1fa!:l.. of Sl1It'ly"lup giving ,lilt! gralllHlg unit} ';lId AIlOi'lh:yl\\-IIl-F.Il"l full pt1Wl'r and authority 10 do ,uutlll pcrli.JI'Illl'\l:I'Y aclllcn:ssary. n.:qwsilc or prupl'r
10 he done ill ;:OllIlL'dlOll rh..:r\:\\'llh ilS L",1\:11 (If S.lllll:orl'\lrallOlIS ulUld do. O\lII..:".:n ing 10 ":<Il:h \If ""id UilI'OI;IIJOII" rull POW\." of "uhslllulioll illld r\.'vol::Hwn. and
all uflh..: ;l(ls of said Allmn\,'yhl-in.Fill:1. pursU;lnllo Ihe,..: I'rl'"..:nls. Oll"": h.:r..:oy fatitil'd .Jlut ulnrirlll..:d
This Power ofAllorney IS grallled and is signed l1y facsimile under and hy alllhoruy oflhe following resolutions adopted hy the reSpeCli\fe Board of Direelors of
DEVELOPERS SURl: TY AND INDEMNITY COMf'~~Y alld INDEMNITY COMPANY OF CAUFORlI.lIA. dleeln'e as of Novemoer 1. 2000:
RESOLVED. llwl rllt' Ch,lirlll.lIl nfllll' BU;lrd.lhe Pre...id<:111 amI any Vil:l..~ Prl'sidenl {lflllc l:nl"!1llr:lIion hl'. and that ":<ll:h Oflhl'I11I11'n:hy IS. aulhurized to
":Xl'Cllle Powers of Alllll"l\~'Y'. llu;llifying lhe allornl:yls)nalHcd ill Ihe Pow..:rs of Ath1nlCY 10 ":\'\.'l:II\1.:. (111 oehlllf oflhe corrni"illiollS, honds. IIl1dert;lking.. ;ll1d cOlllr:u.:ls
of SlIl't:tyship: :l11(1 Ih:l! Iht' Seert'wry 01 :lilY A'SISl:lnl St'crelary ot Ihe l:(HpOr,llion... he. <lnd e,Kh I)f lhem ht'rehy is. aulhorlzed 10 :lllt'sl fhe execution of :lny stich
Power of AlHHIlt'y;
RESOLVED. FURTIIER. Ih;ll till' slgtlatlln.:s of ,,"dl (Irlk\.'l.. m;IY hI.: ;lfli\l.:d hI ;IIlY "lIl'h PP\\~'I 11f AlIorno.:)' (\1 1\1 ;lllY l:el'lilil.',lle rd,,'ing fherl'ln by
f"l:...il11ik. ,llld ;IIlY ,ul:h Ptl\\cr of AlItHncy tH l:l.:lllticilt\.' hl'ill'in~ 'llLh 1;lotlmk "Ign,ltllrc.. "h;111 hI.: \;lI;d alld hltHtmg uJlon lho.: cNpt1ration wlll't1 Sll atlixl:lt ;ulll ill
th.: huure wl1h 1"000SP':l'l 10 ;lIly hOlld. undcrtaking tll C0I11raL'1 ofslltl'Iy.,IUjl 1(1 whil'h it i, alladl\."d
o
IN WITNESS WHERI:.Or. DEVELOPERS SURI:.TY AND INDEM'\;ITY CO\1I'ANY and INDI::~INfTY CO~lPANY OF C AllFOR1\;IA have severally caus~d
lhese presents 1(1 t'll' ...gllI'Ll hy their respeL,ti\e Cxer.:ulll'e Vice PI't'..idt'llllllld allt'sled by Iheil rt....pectr\e So.:..:tt'lllry Ihi" IsI day (lfOC!(lber. 200.1.
Hy l~~) ~
........'~'N..D.........
....~'<,.. /),....
,"",'" .......... ~O~...
l~~ ....~~POR~..~....~\.
l /<.i '~....'t~~
if::' OCT. \~i
;~; 10 ~n;
\~\ 1936 i~j
\\I!,....... lOW'" .....~b/
...."'0 '..............~......,
........ * .......
."....".....
D<lvid H
~~
Cr(lwd1. Secrt'I.HY
By'
\Villll'rA
STATE OF CALIFORNIA
)
)SS
)
COUI\;TY OF URAMil:::
On OC!(lher l. 200J. before me. Diane.r. KlIwala, persollnlly arre:lred Da\ld H. Rhodes and Waht'r A, Crowell. personally known 10 me ((lr pr('lved to
me ('Ill the hilSi,,, of s;I1ISfal:lory evidence) In he Ihe Pl'rsoll" who,,\: llilme.. ilre suh"l:nhcJ Ui Ihe within ItlSlnrml'nl and acknowledg.ed 10 me that Ih\:y execuled the
S:llne in their authorlzcd l:ap;K:ities. and tl1;1I hy Iheir sil;llillUrl'" llulhe IIIstnlll1l'l1f lh~ elllHy \Iron bl.:halfofwhil.:h the persutl~ i1clo.:d. \.'x~'l.:uled the inslrullll'nl.
~:~.;;;:~~
Signature
1--
oe g~:~J.~~~~:~ ~
~ ~...~:- 1 Notary PubhC - Cah'orn.a c;:
s: ~.. ORANGE COUNTY S'
f My Com'" E~p"es JAN !I 2006 ~
CERTIFICATE
The tlIlller...iglll:lt. as Senior Vil:c-Presilknl. Undl.:rwriling of DEVELOPERS SURETY AND I~DEMNITY COMPANY and INDEMNITY COMPANY
OF CALlFOR!\:IA" dot's h~rt'by certify that rhe torel;oing Power llfAflOfllt'y remains in full fon:!;' and ha.. Ilot bt'cn revoked. <tnd tilrlhermort'. th<tllhe provision!'
O. f tht' res(llulions (If ll:e respective BOilrds of ~,ireCI~rs of Sili~ ':O:'p(ll'allmlS st'1 forlh in the Pou'er of Altomt')'. ':U't' III IOlce as (Iflhe dilte oflhis Cel1ilicate.
TIllS Cl.:rltttl';lt~' I... CJ\eCllted III thc (lIY tlllr\"ltle. (;IIIIOI'nl;l. thl' _ dilY l11 NOV 1 0 2OC5
By
w
(;)
\.\-'esley w. Cowllnl; enior \'iI;e.Presidenl. Undcrwrr II g
1i'~
InScCi!IICO
~l1D~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614' (949) 263-3300
BOND NO. 7254995
S 690.00
a term of Two
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19, LLC. a California limited liability company ,as Principal,
and Developers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the
laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino
800 North 0 Street, San Bernardino, CA 92418
Obi' . th f Thirty Four Thousand Five Hundred and NOll OOths -----------:-----.---------------
as Igec, In c sum 0
______________________ (S 34,500,00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map af(Tract/Parcel) Map 'No.16865 ,
LMD Landscaping entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NO\V THEREFORE. the condition ofrhis obligation is such. that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said PnncipallS hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attomey.in-Fact at Irvine
California, this
10th
day of
November
2005
YEAR
"PRINCIPAL"
"SURETY"
- ,~ ~ ." ".
i:'-'"
~~.!
Attn:ney in.Fact
Northpark 19, LLC, a California limited liability company
........';,..
.
i
':.
, .
10-1266 (CAl (REV. 1/01)
CAL'FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOV 1 0 2lJrj
before me,
Melissa A. Covarrubias. Notarv Public
Name and Title of OfIlCer te.g.. . Jane Doe. Notary PubliCI
personally appeared
Victoria M. Campbell
Names) of S,gner(s)
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
~,,- - - - ~L~-A.~~~U;Lo\S~ J
CornrniSSiOn , 1562658 ;
l' NoIOIY PubIc . CollfomlO ~
Orange ccunlV
_ _ _ ~~:..~_~22.:.2~1
WITNESS my hand and official seal.
~
Signature of Notal')' Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name;
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb ."'"
o Individual
o Corporate Officer
o Title(5):
o Partner - 0 Limited 0 General
[j Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
8D-1133 9/97
-_-_--J~
c
:::JICO
'~-~_ :....:.-1--::
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premlllm has been charged for the terrorism coverage
required by the Act.
o
Developers Surety and Indemnity Compan,'
Indemnit)' Company of California
17780 Fitch
Irvine. CA 92614
www inscodico.com
c
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNIH' COMPANY OF CALIFORNIA
PO BOX 19725. IRVI~E. CA 92(>:;.1 1(41)126J..~.~OO
KNOW ALL ~1E" BY TIIESE PRESENTS. Ih~\t C)((,;<:I" <I'" l'xpl'l.:......ly 11111I10.:d. DEVELOPERS SURETY A:'\D INDE~'I~[TY COMPANY amIINDEM'lITY
CO/l.1PANY OF CALIFORNIA. do each. hc:rehy m;1k~. constitute ;'lnd ;1proilll
***Keith W, Newell, Maria A, Quiroz, Victoria M, Campbell, Janina Monroe, Paui Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
as their lnll~. :lud !;m till AllClrneyls)-in-Facl. to 111:11.;t'. t''IecUII:. dcll\t'l and acknowledge. flH ;lIlt! 011 heh;llt' III ,,;'lId o.:OI"l1\1lalion...,;1.. ...mellc.... honds. undertakings
;lIlt! 1,:(\1111';11:1.. of 'l1I"o.:ly,ll1l1 giving and granllllg wllo s,lId Alltlllwyl,l.jll-Fal'l full P{lWI.'1' "nl! i1ulhol"ll)' Itl lItl al1d to perfilI'm 1:\ l'l) ;lo.:t 111.'\:\.''\:-':11)', 1\.'4I11SIII.: or Jlll'pcr
10 he dOlle in \:0I11lL'l'lllll1 tlll.re.... ilh ,IS cOIch of ...;mll'lli'p{lfaljol1~ nwld till, hUf I~~"'I\ Il1g Itll';u.:h (If ,aid nllplllillllllh full jlOWl'r of ~uhsll1ll1iun and n':V{l(':ilt;un, and
;111 of the ;u.:ls of ,'altt AII(lrI1ey(sl-ill-F;u:t, pmsllan' t\l the~e pre,~nts, Me h~rehy r;llllicd ami conlirmed.
This Power of AllOrlley IS granled and is signed by 1;1csirnde under and by authority of the following resolutions "dorted by lhe respective Hoard of DireelClrs of
D~VELOPERS SUR~TY AI't:D INDEMNITY COMPANY alld I\lD~t\.lNITY COMPA~Y Or CALIFORNIA, dl"el'tlve as of November 1,2000:
RESOL\'ED, lllilllhe Ch..irl1l:ln of,hl" Bll<lrlt, lhl' Pn:sidenl and any Vin: Presidl.'1l1 ofllle wrpOr;tllOll he, allt.!lh;11 em:h of Ihl'lll hl.'rehy is, ;ullhor;lcd 10
ex,,:ulle Powers (If Altllrlley, qualifying lh..: illlui"lH:yl slnarned ;n th..: Pm\'ers of Attol"lley III exenlle, Oil heh;,lf of the (;(Jrpor;lllons, hom!s. 1I1l\lcrl;lkings ill1d t:onlnu.:ls
of suretyship; and lh,ll Ihe Secretary or any As~istalll Secretary of the emporaliolh he, and each of lhem hereby is, nulhori7.ed III afle~1 Ihe e\eCUIIClI1 of any such
PCH\er ofAtlOl'ney:
RESOLVED. FURTIIER, that th..: slgl\;II\lle~ nf~lIdl offll','rs lll;lY he at'ti'....d In ;1I1Y such PIl\\I.'r of AlIorl1ey mIll ;111)" l'crtitic;lle rdil1in~ thl.:rl.:lo hy
r~lI.:silllik. ;lnd ;IIlY SIll'h Pllwel of AttOl'tl~)' Ill' (;nlllk~lll' h....arillg sHch t'al'..,illlik S1gn,ltUl"eS sh;t11 h~ valid alld hllldlllg. I1pon Illl' l'llrpora'lt11l when Sll affixed ilnd;n
lh.... flllm.... \~ilh n:spl'dlll an)' tltllld. 1IlldCrl.lking or ullltr;H.:1 of ~lIrclysll1p 10 WlllCh it h ,111ached
l~ v....ITNESS WHEREOF, D~VI:.LOPI:::RS SURETY A\lD INDE""lNITY COMPA:-':Y and INDt~1NITY COMPANY OF CALlFOR:-.JIA h;we severally caused
lh~se presents to he Signed hy Iheir resrectl\'~ becllllve Vll:~ rl'esldcnt ;md atlested hy lhelr respecli\e S........retary Ihis lsl day ofOcf(lh~r. ~OO..
OBY c--=') ~
", ,,,'" 7Ji-~
\Vall~r A. emw!.'l!. Senetary
...,..""......,.
....~s( #l.ND ,......
...~'" ,,,,,,,,,,,"'O~'"
l~ .....~~POIl4>... ."\
f~/~ OCT, ~\~\
~~~ 10 L.d
\~\ 1936 !~!
~ \y'. .' b .:
\.~~~..,.~.9.~.~..,.~~~...l
........,...~...,........
STATE OF CALlFORNI'
,
,5S
,
COUNTY OF ORANGE
On Octoher 1.2003. hefore me. Diane J. Ka\\afa. person<lll~[ <lppeared Dayid H. Rhodes and Wnller A. Crowell. persomtlly known 10 me (or rro....ed to
mc on Iht: OilSis uf salisf,ldOJ;.' evidencc) to hl' thc pcrson,>.; whose names ;Ire suhscrih<':lt tnlhe wilhin inslrument ,lilt.! iKklluwlcdgcd 10 me thallhey executcd the
same 111 their authorized (;ap<lcitles. and th<ll hy lheir signalures on Ihe insll"1111lclltlhe .:ntil> upon behalf {If whidl the persons <Icted. executed the illSlnlllH:nl.
S:='!\~~
u
r@DIANEJKAWATA t
C- .. ":':', COMM' 1334746 ~
...-,....
~ ~'" Notary PUbl'C . Cahtorn'a "!:
3: 1"-" ORANGE COUNTY S
~" My Comm E_pores JAN. 8. 2006 t
Signatllr~
CERTIFICATE
The lII11krsign....d. liS SClllor Vice-Presilknl. Ulldcr.....rilil1g \lfOE\'ELOPERS SURETY A~D I~DE\1NITY COMPANY ;lIld INDEMNITY COMPANY
OF CALIFORNIA. dOt'" hereby certIfy 111M lh~ foregoing Power of Allorn~y remains in full force <lnd has llo1l'ieen r~voked. and f1ll1hennore, lhallhe pro....isions
ollhe resolullollS of the lespecllve Hoalds 01 DII~clol'" 01 siltd lotpOlnl'ons set 10llh IFlthe PCl\\el 01 AlIClllley ale III IOIC~;I' of Ihe dille of lhls Cerlltkale
o Tho- (,">1;1,11'" ,,,,,"cd m the (II> "II""", (.,"1"""" Ih, II,,> "I NOV 1 0 2005 ,
By
Wesley \'0-'. Clmllllg
w
(;)
rD.J:\SOIRl'V. IO,O.~l
--- DATE (MMlOONYyY'l
ACORD CERTIFICATE OF LIABILITY INSURANCE 10/24/2005
TM
PRODUCER PI'lOl'le- (303) 805-AVIO(2843) Fa. (303i80S-2tl45 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AVID INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
C ~OX 456 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
KER CO 80134 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~
INSURERS AFFORDING COVERAGE NAIC 11
-- PROBUILDERS SPECIALTY INSURANCE CO, RRG
INSURED INSURER A
_n
CALPROP CORPORATION; NORTH PARK 19, LLC INSURER B.
DRAKE DEVELOPMENT. LLC -- -
INSURER C
13160 MINDANAO WAY -
MARINA DEL REY CA 90292 INSURER 0
--
INSURER E
T,..,E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUeD TO THE :NSUREO NAMED ABOVE FOR THE PO~.:CY PERIOD INDiCATED NOr....liHS'r ,;.,NDING
...NY R~QUIREMENT_ TERM O~ CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI... IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CClNDITlO.'IlS OF SUCh
POLICIES. AGGREGATE LIMITS SHOWN MAl' HAvE BEEN REDUCED BY PAID CLAIMS
,'IISR '>'OO'\. TYPE OF INSURANCE POLICY NUMBER "g;~~~:=~ ~~EYf~:=N LIMITS
e,R NSRO
GENERAl. LIABILITY WPIN5005435 08/02105 08/02106 ' EACH OCCURRENCE . 1,000.000
X COMMERCIAL GENERAL LIABILITY, OAtu.GE TO RENTED . excluded
~ PREMISESlboc;c",enc.)
CLAIMS MADE - X OCCUR MED' EXP (Any one pe~an) . 5,000
A PERSONAL & ADv INJURY . 1,000.000
GENERAL AGGREGATE S 2,000.000
GEN':' AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 1,000,000
X PRO-
POLICY JECT LOC
AUTOMOBIL.E L.IABILlTY COMBINEJ SINGLE LIMIT
ANY AUTO (EaaCclOenl) .
AlL OWNED AUTOS BOOIL Y INJURY
(Per person) .
SCHEDuLED AUTOS
HIRE:J AUTOS BODILY INJuRY
C I I.PeraCCtt;lenl) .
NON.OWNED AUTOS
PROPERTY DAMA3E S
(peraccrdenl)
GARAGE L.IABILlTY AUTO OJl;L Y . EA ACC1DEI'<T S
A~Y AUTO OTriER ~HAN EA ACe s
AUTO ONLY AGG .
EXCESS I UMBRELLA L1ABIL.1TY EACH OCCURRENCE .
OCCUR CLAIMS MADE AGGREGATE .
S
DEDuCTIBLE .
RETENTION 5 .
WORKERS COMPENSATION AND WCSTAfU. Q,HEi'I
EMPLOYERS' LIASIL.ITY fORYc,""T$
ANY PROPRIETOMAATNflVEXECUTIVE EL EACH ACCIDENT .
OFFIC.r:RiMeN8EA EXCLUOEO? E.l DISEASE-EA EMPlOYEE S
l'y....d..o;,;~""d.r
~PE'CI"L PROVISIONS hlg", E L DISEASE-POLICY ~IM:T .
OTHER:
,
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
TRACT NUMBER: 16865
COVERAGES
-ITY OF SAN BERNARDINO
300 N 0 ST
SAN BERNARDINO, CA 92418
CANCELLATION
SHOUlO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. !HE ISSUING INSURER W:lL ENCEAVOR TO MAIL 10
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOi..DER NAMeD TO HIE. LEFT. Bur
FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER. IT'S AGENTS OR REPRESENTATIVES
CERTIFICATE HOLDER
Attention: LYNN PARKER
ACORD 25 (2001/08)
Certificate #
@ ACORD CORPORATION 1988
10911
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AGREEME1\'T
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
,20 ,by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation. hereinafter referred to as "City," and Northpark 19, LLC, hereinafter referred to
as "Subdivider"
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hercafter called "map") entitled Tract Map 16865; 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 Slreets. 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 \lap Act of thc State of California and Title 19 San Bernardino Municipal Code.
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1\OW 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 Wark. Subdivider will do and perform, or cause to be done
and perfonned, 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 wark 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.
') '\lork: 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 Engincer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to bc 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
\\ithout notice to the Subdi\ider'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. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk. prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider. and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall. at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxcs required by law. Subdivider shall comply with all
provisions of thc Subdivision Map Act and Title 19 San Bcrnardino Municipal Code.
8.
Supcrintendcncc bv Subdi\ider.
Subdivider shall gl\'C pcrsonal
superintendcnce to the work on said improvement or havc a compctent forcman or
superintendent satisfactory to the City Engineer on the work at all times during progrcss, with
authority to act for Subdividcr.
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9. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof. Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of thc 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 mnount equal to at least twenty-five percent (25%) of the total estimated
cost of the improwments and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done. or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security. there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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11. Subdh'ider'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 ]nsurancc/Employer's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdidder'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
projC,<:_l 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 Propel1v 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 ($ LOOO,OOO.OO) 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) Propertv 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 an)' one occurrence.
In the event that an)' of the aforesaid insurance policies provided for in this
Paragraph II insures an)' entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions. officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (l) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - 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 imasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12.
Evidence of Insurance.
Subdivider and contractor shall fumish 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 (l0) 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(sl hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appoil1livc boarJs.
commissions, officers, agents, employees and servants free and hannIess from any anJ 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/Iegal fees, and all other expenses incurred by the City arising in favor of any
party, including claims, liens, debts, demands for lost wages or compensation. personal
injuries, including employees of the City, death or damages to prope11y (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 perfom1ance by its officers, employees. agel1ls) li'om
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/Oeveloper
shall investigate, handle, respond to, provide defense for and defend any such claims.
demand, or suit at the sole expense of the SubdivideriDeveloper even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shali, 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
appl icable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in fa\'or of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14, Title to Improvements, Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely It1 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 tinal 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, \vith 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 Subdi\'ider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Suhdivider'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, suhcontractors. agents or employees, should violate any of the
provisions of this Agreement. City Engineer or City Council may sene written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default ofSubdivida.
19. Breach of Agreement; Performance by Suretv 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
impco\'ement herein specified: provided. ho\\C\'er. 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 924] 8
(b) Notices required to be given to Subdivider shall be addressed as follows:
Northpark ] 9, LLC
]3160 Mindanao \\'ay, Suite 180
Marina del Rey, CA 90292
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
I:\SCO TI\'SURAJ\CE SERVICES, IJ\C.
17780 Fitch, Suite 200
Irvine. CA 92614
Provided that any party or the surety may change such addrcss by notice in writing to the
other party, and, thcreafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall he hinding upon and inure to the
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benefit of each of the parties and their respective legal representatives, successors, heirs and
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assIgns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
4
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney,
By
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11\STRl'CTlONS
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.
o
STATE OF CALIFOR1\IA )
o ) ss.
COUNTY OF \ ,\,\\-..j~\('.~ )
h f'
On this / 7 i day of 1(;t7tJeMhp/ , 20C;: before me, the
undersigned. a Nota~ public jn and for said County and State, personally appeared
c:- u -k>? ' " I'
perspnally know to me qr proved to me on the ~. .' evidence) t9. be the
~ce. President, and ,"[ OI.,),.'S personally known to
me (or ~roved to me oD-..the. basis of satisfactory evidence) to be the
5p./. e -Iu..r-..14-- of the corporation that execu!e'cr-the within instrument, and
know to me to be the4JI:rsons 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 sca!. l.~ ~ ~ ~ ~R~E;H ;V1~D ;AT;L - r
1 . Commission # 143051 7 r
:6 i .... . Notary Public . Califo~nia ~
" , Riverside County -
~ \- .~ >\"-- . "'~..,_~"'OO,
\Iotary Signature (This area for official sea!.)
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INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surely and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614. (949) 263-3300
BOND NO. 7254985
$ 5,480.00
a term of Two
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19, LLC, a California limited liability company , as Principal,
and .Developers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the
laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino
800 North D Street, San Bernardino, CA 92418
as Obligee, in the sum of Two Hundred Seventy Four Thousand and NO/100ths --------------------------
__________________________ __ ______ ----- -- - -- ($ 274,000.00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and sc\'crally firmly by these presents.
THE CONDITIO;'; OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract!Parcel) Map No.16865 ,
StreeVSt Drain!Sewer .__ entered into an agreement Of agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
:-JOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and etTcct.
IN \VITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at IlVine
California, this 10th
day of November
2005
YEAR
"PRINCIPAL"
"SURETY"
Northp~rk 19, LLC, a California limited liability company
/c::;;:/y /'7 /",
~~- .. ~; /.aL~4je~>~--
/ I
.-
Developers Surety and Indemnity Company
~
BY.
Vie - ria M Camp e
10-1266 (CA) (REV.1i01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOV 1 0 21Xfi
before me,
personally appeared
Victoria K. Campbell
Melissa A. Covarrubias. Notary Public
Name and Tille of Officer (e.g_. . Jane Doe, Notary Public")
Namesj01 Slgner(s)
Ii] personally known to me - OR - 0 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 hisfher/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
)----- ----
MELISSA A, ~OVARRU81AS
_ @ c~,:3:, 111562658 f
, Notary Public - CoIfomlo f
Orange County -
t.ttComm, EJcpIoeoMa22, 2009
WITNESS my hand and official seal.
SIgnature of Notary PubliC
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
CapacityOes) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer
DTitle(s):
D Partner - D Limited D General
Gl Attorney-In-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
8D.11339/97
Number of Pages:
Signer's Name:
D Individual
D Corporate Officer
DTitle(s):
D Partner - D Limited D General
C Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
-I.
'jj'~
InSC@JlCO
@~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Fitch. Suite 200 . Irvine, Califomia 92614. (949) 263.3300 7254985
BOND NO.
PREMIUM INCLUDED
IN PERFORMAI'CE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19. LLC, a California limited liability company ,as Principal,
and Developers ~urety and Indemnity t.;ompany , a corporation organized and doing business under and by virtue of the
laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino
Obi' . h f One Hundred Thirty Seven Thousand and NO/1 Ooths --------------------------------
as 19ce. In t e sum 0
_______________________ -- -- -- --- - ($ 1 j I,UUU.UU ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CO~DlTION OF THE OBLIGATION IS SUCH THAT:
\VHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
City of San Bernardnio
as Obligee for the impro\'ements in the
subdivision designated as (Tract/Parcel) Map No. TR #16865 Street/Storm Drain/Sewer Improvements
by the Government Code of California.
, as required
~O\V THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specitied in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN \VITNESS WHEREOF, the seal and signature of said Principal is hereto atlixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine
California. this
10th
day of November
2005
YEAR
"PRINCIPAL"
"SURETY"
Northpark 19, LLC. a California limited liability company
/'::-~/' r:'2 i
t;/r~4r<A~V '
v' t/
Developers Surety and Indemnity Company
BY:
10-1265 (CA) (REV. 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c
State of
California
County of
Oran2e
On
NOV 1 D ZfK1j
before me,
personally appeared
Victoria M. Camobell
Melissa A. Covarrubias. Notarv Public
Name and Title of Officer (e_g.. ~ Jane Doe. NOlary PubliC")
Names) of Slgner(sl
GtJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
"MELISSA A. COVARRUBIAS
Com,......., 1562658
Notary PIA:lIc . COIilomla f
OrongeCOlIlly
t.tvCcmn,EJOPl8sMar22,2OO9
WITNESS my hand and official seal.
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.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
o Title(s): -,
o Partner - 0 Limited 0 General
Gi Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
80-11339/97
Number of Pages:
Signer's Name:
o individual
o Corporate Officer
::::J Title(s):
::::J Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of tl1umb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
o
o
o
lJ'[;;]@j
InsCemlco
~11IJ[}'J
INSCO INSURANCE SERVICES. INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200. Irvine, California 92614. (949) 263.3300
MAINTENANCE BOND
BOND NO.: 725498S
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
. as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
THAT we, Northpark 19. LLC, a California limited liability company
and Developers Surety and Indemnity Company
and by virtue of the laws of the State of Iowa
business in the State of California, as Surety, are held and firmly bound unto
City of San Bernardino
as Obligee, in the sum of Sixty Eight Thousand Five Hundred and NO/100ths ------------------------------
($ 68.500.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally fimlly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
\\"HEREAS. the above named Principal entered into an agreement or agreements with said Obligee to:
TR #16865 StreeUStorm Drain/Sewer Improvements
WHEREAS, said agreement provIded that PrinCIpal shall guarantee replacement and repair of improvements as described
therein for a period of one )'l;':ar following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
ofthe said Surety is hereto affixed and anested by its duly authorized Attorney-in-Fact
this
10th
day of November
2005
YEAR
Northpark 19. LLC, a California limited liability company
/~~-~~~. A ~ Pnnci~1
/ ~-? (""'j. - ,-
(j:/~: J"Lc'(f'<<~
Developers Surety and Indemnity Company
10.1201 (GA) lOne Year Term) (REV. 3/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
On
NOV10mi
before me,
Melissa A. Covarrubias. Notarv Public
Name and Tille of Officer (e-9.. "Jane Doe, Notary Public")
personally appeared
Victoria M. Campbell
Names) of Slgnerlsl
ILl personally known to me - OR - D 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 authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
lij- ~:..~;';;';"-I
J Com,.oIssIa,' 1562658
NoIary PUblIc . Callfomlo f
Olalge COU'lty f
- - - ~~-~-~~~
WITNESS my hand and official seal.
Ignalure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
Li Corporate Officer
[j Title(s):
o Partner - [j Limited [j General
Li Attorney-in-Fact
G Trustee
[j Guardian or Conservator
o Other: Top of thumb here
[j Individual
[j Corporate Officer
[j Title(s):
[j Partner - [j Limited 0 General
[i Attorney-in-Fact
[j Trustee
[j Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
BO- 1133 9/97
=.'l~
c
:::JICO
tff:: ~:.-~_-?
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premIUm has been charged for the terrorism coverage
required by the Act.
o
Developers Surety and Indemnit}' Company
Indemnity Company orCalifornia
17780 Fitch
Irvine, CA 92614
W\\\\ .lnscodico,com
c
c
o
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 197~~. IRVINE. CA 9~(l:;:~ 1(49) 263-.1.100
KNO\~': ALL ~1EN BY TIIESE PRESENTS. Ih,III.'):.\:I:P' a... l')(pn.:s..ly lmuIL'd. DEVELOPERS SURETY AND I~DEMNITY COMPANY ,lIld INDEMNITY
COMPA"'Y OF CALIFORNIA. do ench. hereh~ 1l1<'lke. C<'lllstllulc ;lt1d :lrrOinl
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
<IS their Inn.: :Inti 1;1\\ 1'111 AIHHneY(S)-IIl-hlCl. 10 111:1h. c\t'c\lle. (ldl\'el' and acknowledge. !\w ;111<1 on heh;]lf of s:lid corpornliolls. ilS sureties. bonds. underlakings
ami conlr,Il':1s ofSlIl'l'l)ship gIving and gri1llllllg lIl1ln said AU(lnll.'yls)-ill-F,ll"' full power and illlfhot'lly Hl do and 10 pcrli.1fllll.'\'cry Ole! rh'!;CS"ary. requisite or pru[lCI
In hl' dOlle in cOllm:r(IPlllhcrcwi,h as cadi of "imt corporations l'nultl {to. nul reser\ing 10 eill.:h of said l'mporallulls full p(IWer of suhstillllioll ,lOti re\'m:aliull. and
illl uf Ihe al'lS of s!lld Atlorney(s)-in-Fill'l. pursllillll HI Ihese pre"ents. arc hereny ralitkd Hnd (onlinned.
This Power of Altome~ is grClllled and is signed ny (..csimile under and by authority of Ihe following resolulions ildopled by the resrective Board of Directors of
DEVELOPERS SUReTY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of Novelllner 1.2000:
RESOLVED. lililllhe Chainnllll of the Board. lhe Pn.:sidenl <lnu allY ViL'e Presidenl (Iflhe L'{lrpor:lliull he. and lhnl each of Ihem hereby is. aUlhorized III
exeCUle Powers ofAlI(IIllL'Y. qualifying lhe 1l1lOrlleyh) nallled mlhe Powers ofAllorney 10 execule. on hehi11foithe corporation,. honds.underlakings .1Ild conlracts
of suretyship; !llld Ihal tht' Secn:",ry or !lilY Assisl<lnl Senelary of Ihe corporations he. and ench of them herehy is. aUlhorized to allest lhe execution of any such
PnwerofAlIllrllCY:
RESOLV[D. FL'RTlIER.lhallhl' signatttrL'S ofsut:h ortiu:rs IllilY he idlixe{t III any sudl PII\\'er ofAllorl\ey or 10 ,lilY u:rlitiL'.lle rehlling thcrelo by
f,lL'similc. .1l1d any "llch Power or Allome)' or cnlitil';lfL' bearing sl1th I;I1.:sil1lilc signalures sh<lll be ",llid and binding upon lhe cllrpor;llion wl1<,:n so atlixed and in
tho.: future wilh rL'spect \(limy bond. underlilkillg or t:onlnlcl of.st1l'elyship [(l wlm:h it is alwdwd
IN WITNESS WHERtOF. DEVELOPERS SURETY A~D INDEM~ITY COMPANY and INDEMNITY COMPAI\IY Or CALlrORNIA h<1ve sevemlly cal1sed
th~se presenls 10 he signed hy Ih~ir respeclive Executive Vice Prcsidenl and ~lIested hy Iheir respective St't:rctary this I sl d<1) of Octoher. 2003.
C~')~
.........",......
.....1."'1 AND I~:"'"
....~'" ."''''''''...:'0 ....
l~ .....OI'P OR4 ;-..(<'~,.
(~r 01~T. (<'\~'~
'~"" 1936 !~J
\__~""'" 'ow'" .....~bl
....~O .""""""......."...
.......'...,~"..........'
By
David H.
~c~
Cn'l\\'cl1. Secret<1ry
By
\\<I11er A.
STATE OF CALI f()R 'I"
I
ISS
I
COUNTY Or ORAMil::
On Ocloher \. 2003. hefore me. [)l<1l1C.1 K:mal<1. personally <Irreared D!lvid H. Rhodes <1lld W<lher A. Crowell. pt'rson<1l1y known lome (or proved 10
Ille Oil fhe hilsis of sat is tilL' lory e\idel1l;cJ 10 he Ihe po.:rsnlls whllse nilllles arc suhsnihed 10 Ihe wilhlll insIWlllcnl,l11t1 ilcknowledged IOl1le Ihal Ihey eXCL'lltl:d Ihe
S<!I11C Illlheir i1l1lhoril..:d L'i1p<lt:ilies. and tlwl hy lheir slgnillures on lh~.insfrumcnt the Clllity urOll hchillfofwhidllhe persolls ilCled. executcd the inslrument,
Si;:n:llllre
S:Z'~,
r~ DIANE J. KAWATA ~
Q~.i":':.' COMM.1334746. ~
:! 4J.~ '.' NOlary"ubl'C - Cahtorma "
~ :it-- ORANGE COUNTY S'
~ ' My Comm Expires JAN 8. 2006 ~
CERTIFICATE
Thc 11IHkr..;igl1L'd. llS Sell lor Vict'-PrL'SI(iL'llt, Undemriling of DEVELOPERS SURETY AND INDEMNITY COMP4,NY ,1I1d INDEMNITY COMPANY
01- CALIFORNIA. dl)eS hereby L'ertify !lMt tht' foregoing P(mer ofAtlorney remains in full force and has nol heen revoked. and f\ll1hennore. thmlhe provisions
(If the resolulions of fhe respt'eli\t': lloard~ of Directors of said wrporiltiol1s sel 1'01111 in Ihe Power of Altorney, are ill force ns of The dme of lhis Cellilienle.
This CL'rtiticlk' i" exeeuled IIllhe Clly oflrvillL'. ('ulifurl1iil, the _ J.1Y of
NOV 1 0 2005
d~
l)
w
\\e,-k:. \\ CtlwliliS.' enior Vil'c-Pre'\idellt. Undemri I "
..'- : __::"n ir:...:\ il! 0..1
c
o
o
1f~
Inseemleo
~i1D~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surely and Indemnity Company
Indemnify Company 01 California
17780 Fitch, Suite 200. Irvine, California 92614. (949) 263-3300
www.lnscoDico.com
BOND NO. 7255005
$ 114.00
term of Two
premium is for a
year(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Northpark 19. LLC a California limited liabilrty
Company
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TR #16865
; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal, and the Developers Surety and Indemnity Company
17780 Fitch. St.. Ste 200. Irvine, CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of Five Thousand Seven Hundred and NO/100ths
__________________________________________________________----------------------- ,($ 5,700.00 ),
lawful mone)' of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdiVision in accordance with the provisions of Government Code Sec. 66495 el. seq., then said Suret)' will
pa)' the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void. othemise it
shall be and remain in full force and effecl.
And the said Surety, for value received, hereby stipulates and agrees that no change. extension of time, alleration
or addition to [he terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
- affect its obligations on the Bond. and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on November 10 , 20 05
Principal
Northpa!)< 1~.bJc..-~ CalIfornia limited liability company
/2->//lr /1 .// /'
// <,' >i-"'-:;',4-,-~ ...../{' /fr1./r[A.~
v' /f - /1 J
'! .'/ ,
B\': \/ 1/
- ,
Surety
Developers Surety and Indemnity Company
By~VL
Vie oria M Camp belt
\ttorncy-ln-Fact
10-1416 (CA) (7i01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oran2e
On
NOV Ie 2:JOS
before me,
Melissa A. Covarrubias. Notary Public
Name and Title Of Officer {e.g., "Jane Doe. Notary Public'"}
personally appeared
Victoria M. CamDbell
Names)oISlgner(sl
ILl personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted,
executed the instrument.
r----~~----J
_~ ~~~~~i:2~;
~_ NoIay P\JbIIc: . CaIlfcmlO I
J_ _ _ ~:~~~~~f
WITNESS my hand and official seal.
.
~
OPTIONAL
Though the information below is not required by Jaw; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
o Title{s):
o Partner - 0 Limited 0 General
[]I Allorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited C General
o Attorney-in-Fact
[] Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
80.11339/97
='"".:r.:=
__-,J..~
o
:::lICO
'iJ..r"?~: '~;:~-?'
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Goverrunent will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Goverrunent or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation oflaw.
No additional premIUm has been charged for the terrorism coverage
required by the Act.
o
De\'elopers Suret)' and Indemnity Company
Indemnity Company ofCaJifornia
17780 Fitch
In"ine, CA 92614
www.inscodico.com
o
POWER OF ATTOR~EY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. rR\'r~[. CA ()2()~J 1()~9) 263.\100
KNOW ALL MEN BY TlIESE PRESENTS. that ~xr.:l'rl.I.' I.:'>:,pn.,,,>.:ly Iimlli:d. DEVELOPERS SURFTY AND I!\JDEMNITY COMPANY and I\:DEMN1TY
COMPAJ\iY OF CALIFORNIA. do ellch. hen:oy milke, conslilllh: and "prOml'
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
as their true <llld la\\ful Allorney(sl-lIl-FilCI. 10 lll;1ke. t'\('ClIle. (lcli\'t'f ;lIld ;u.:kll(l\\kdge. for and 011 l1elwll" of said cor!lcH<lliOlls. ilS sureties. honds. undertakings
illllt COlllr;Kls of :->lIl\:IY'..htp gi\'ing and gr,lllllllg 1I11lp said Atlonll'yls)-Itl-F,H.'t till 1 pUW!,'1 ilnd authority to do ;lIlt! Itl perform 1,'\ l'l) al.:l nec!.:ssary. requisite or rrorcr
to nt' lI(H1C ill COlHhTII111l lhl'n:with a.s each of s;lId \:orpnratiotl..; l'oul{1 (10, hUII't.:-s~'nillg to ICadl of said I.:orp<lratwm full powICr of SlIh...tltution ,lIld r~'voeiltiun. lInd
all of rhe act... of said AllorllICy(s)-ill-Fael. pursUill1lto IhICsIC pr~'sICnrs. arIC hndl)' ratitil.:d and I.:llntirllllCd
This Power of A1l0fllt,y is granted and is ...igned hy fal.:sllnile under and hy nulllorily of the followl1Ig resolurions ndopred hy Ihe re...pective Board of Directors of
DeVELOPERS SLiRETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY Or ('AlIFOR!\IIA. dfecllve n... of No\'emher 1.2000:
RESOLVED. Ilwr thl.: Ch:linnilll ofthl.: BOill"lL rhIC Prcsllknt illld :IllY Vicc Prc"idcnr (lflhl.: corpomlion hI.:. <lIltllh<lt e:lCh of rhl.:lll hcrchy i.... illlfhorizcd In
execuh: PO\\"ICrs of AlttHtK'Y. qualifying Ihe illlornlCy("j ll<1IllICtI in thl,.' Powers of Alt1l1"l1ey rOl'xecule. on hehalf of Ihe cnrpm:lIion.... h01\d.... l11ldcrt:lkings ilnd eonlraels
01 suretyship: ;lIld thaI Ih~ SecreTnry or any Assi...t<lnt Secrelary of Ille I.:orrnrations he. atHI each of Thelll hereby is. attlhnri7,ed 10 nuest Ihe execulion of any such
Power ofAllorney:
RESOLVED. FURTI IER. thar thc "'1!;naIUfl'''' of ...uch otril.:lCr... m:ly hIC anlxcd 10 any .such Power of A1101"l1e)' or to illly eertillc<lle rchlring therelo by
I;lcsllllik. and ;Iny sllch Power of Altol"lley 01' c..:rlitlc;lll..' hC;lrlllg SIKh 1;lcsimik slJ;natur..:s shall hL' \';llid <lnd hilHling upon Ihl' I,;(ll-por<lrioll wh..:n so aflixed :llld ill
rhe fururc wilh r":,,pL'l'1 10 any bond. tlllt.krtakillg tJI' contr;IL'1 ufsmclyship 10 which il is illlilChICll
o
IN WITNESS WIIEREOF. DI::VELOPERS SURETY AND [NDt::MNITY COMPANY :lIId INDl::MNITY CO~lrANY Or CALIFORNIA hnve severnlly caused
lhese preS(;llls 10 be siglll.'d by lheir respecfl\'e Execl1tl\~ Vice rre.sidr.'llr and nue"led l1y lhe-II' respective Secretnry lhis ISI day of October. 200.1.
C-~)~
13~ .
.,'m"" "A};;~
'V-,'nltel- A. Crowell. Sr.'crerary
......'..~'ND'''......
.,., '\'< '" I~. .....
"n\:. .""'"'' "() '.
..',~ ..... nOn ..... ~ '"
:,~"., O~r "4 ....""~-:.
~..~ ;;c."~-:'
li:l OCT. \~~
;~ i 10 En ~
\~\ 1936 !~J
\'~'""" 'OW~ ....~b/
..../0..."..,,",,"...........
........ * ........
....""""..
STATE OF CALlFOR"IA
)
)SS
)
COUNTY OF ORAN(jE
On Oclober 1.200,'\. helore me. Dialle J. Knwala. personally npp~nred Dl1\'id H, Rhodes ;lnd W;llter A. Crowell. person"tly known to me (or proved 10
IllC on the hilsis of sali...factory c\'idenc..:llo h..: th;.: persons wh(.s..: nillllCS arc suhscrihed 10 the wirhin insrrument and acknowledged to Ille that Ihey L'xet.:ull"d Ihe
S:llnc in their aUlhorih'd capileilies. <lnd Ihal hy Iheir sign:llur..:s t.11\ thL' inslrulll..:nT Ihl" emilY upon hehalf of which the persons acted. cx..:cuTed the inslnllncnt.
S:=I~~::~
u
;_ d
(ii' DIANE J KAWATA ~
o / .:';-, COMM. 1334746 _ ~
::; '~....._ . - Notary P:.;bhc . Call1orflla <;:
3: ~- . '1 ORANGE COUNTY S'
f . My Comm E~p,res JAN 8, 2006 ~
Signallln..
CERTIFICATE
The lHulcr"ign..:d,.,... Senior Vicc-PrL'sidcnl. Underwriling (If DEVELOPERS SURETY AND INDEMNITY COMPANY <1I1d INDEMNITY COMPANY
OF CALIFORNIA. does herehy certily fhallhe foregoing Power ofAII(\rn~y remnins in full force and has llot neen revoked. and flH1hermore. thar fhe provisions
of tile resolutions of the respective Boards of Directors (If snid corpormions set forlh ill the Power of Allorney. an: in force as of the dnle of Ihis Cel1ificate.
o
This C..:rtilit.:;llc is cxcclII..:d in th~' CiTy of Irvine. California.lh..:
day of
NOV 1 0 2lUj
By
Wesley W. Cowling 'cnior VIt.:c.Presidenl. Ullderwn II g
w
(;)
IO-IJRO (Rev. IOiOJt
'jjCc-:J~
InscCBII:O
~[ldJt;'J
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch. Suite 200. Irvine, California 92614. (949) 263-3300
BOND NO. 7254995
S 690.00
a tenn of Two
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That "'c. Northpark 19. LLC, a California limited liability company ,as Principal,
and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the
la\vs of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino
800 North D Street, San Bernardino, CA 92418
as Obligee, in the sum of Thirty Four Thousand Five Hundred and NO/100ths ---.--------.---------.-----
---------------------- -- ($ 34,500.00 ) Dollars, for which payment.
well and truly to be made, we bind ourselves. our heirs, executors and successors, jointly and severally finnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named PrmcipaL as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No,16865 ,
LMD Landscaping entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such. that if the above Principal shall well and truly perfom1 said agreement
or agreements during the original tenn thereof or of any extension of said term that may be granted by the Obligee \vith or \\'ithout
notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect.
TN \VITNESS 'WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine
California, this
10th
day of
November
2005
YEAR
"PRINCIPAL"
"SURETY"
Northpark 19, LLC, a California limited liability company
/.; .."
/_/d
//~ ~/
I A:.. c
'-'"
AnO!lley.in-Fact
BY:
Victor M Campbell
"
ID.1266 (CA) (REV. H01)
CAL!FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Oranee
On
NOV 1 0 2IJPj
before me.
Melissa A. Covarrubias. Notary Public
Name and Title 01 OffICer (e.g.. . Jane Doe. Notary Public")
personally appeared
Victoria M. Camobell
Names) of Slgner(sl
IitJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
J - - - - ~l~~~~~~- J
.~ Coffio,oIssIOI.# 1562658 ~
i NolCIV PuIlIC - CclllomIa ~
Orange County
Mv~:..~~22.:.~1
-- - - - -
WITNESS my hand and official seal.
~
S'9nature of Notlll'Y PublIC
OPTIONAL
Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited U General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[1l Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
8D-11339/97
-_-cJ~
c
:::lICO
'D;=,~ ~~:_'~~~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
o
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for spccitied lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation oflaw.
No additional premIUm has been charged for the terrorism coverage
required by the Act.
o
Developers Surety and Indemnit), Company
Indemnity Company of California
] 7780 Filch
Irvine, CA 92614
W"W, inscodico.com
c
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COi\lPANY
INDEMNITY COMPANY OF CALIFORNIA
PO nox 197:!5. IRVINE. CA 916:!.~ (1).J')) :!6J-J3()()
KNOW ALL MEN BY TIIESE PRESENTS. rhat L'xccpl ;J~ L'xprl.....ly limlh:d. DEVELOPERS SURETY AND I~DE\1NITY COMPANY :llIU INDEMNITY
COMPANY O~ CALIFORNIA. do ei"lch, h':l"t"hy lll<1ke. constiTute <1nd <1ppoinl
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
;IS their trut' <lilt! l;l\\ tid Aflorneylsl-in-Frlf':l. IClI1l;lke. execute. deliver :Inti iH.:kmm kdge. for ,md 011 ot'h;!lr of ..rl1O corpormions. ns smelies. honds. undertakings
,lIlU contracts of sl1I'L'ryship giving :1Ilt! granting lInto 'i;lId Atll1rlh:yhl-il1-F acl full pll\\....1' and authority to do illld 10 perfmlll C\L'ry .1et necessary. rL'quisilC ur proper
10 oe dnllc ill t:OllllL'clioll lhcrt'wjlh ;IS c,u.:h {If said corpmallolh cmlld do, hUI r~'sl.'r\'ing It1 cadl of s,ud (,:nrporaliolls full pm>"l:r of sub~tiftlti(1n ,md n.'vtlcalion. ami
all uf the acts of said AtHlrIll:y(s).in-Fm:t. PUI'SU,lnt 10 lhesl: pres~'t1ls, arc herehy rallfied Hnd ClHllirl11l:d.
ThiS Power of Altorney is gran led ilnd is signed hy 1:1csimile under alld hy illllhorily of the following resolutions ildorled hy Ihe respective Hoard of Director.; of
DEVELOPERS SURETY AND INDEMNITY COMPANY alH1 INDEMNITY COMPANY O~ CALIfORNIA. cftecllve as of Novel11tler 1.2000:
RESOLVED. tlwlthc Ch,lirlll,ln uf the BU;lId. lht' PrC'illkll! ,lIld any Vil'l: Prl:sidl.'llt of I Ill: t:orpor:llion hl'. ,lIld thai l:al.:h uf IIH.'1ll herehy is, ,ltIlhnrizcd to
cXCt:lIle Powers of Arhli'lll:Y. qualifying the :lIlOrnt'Y(~) named in ,hl: Powers uf Al10rney hl exet:1I1e. 011 hdHllf \If Ih;.: wrp(1raliolls. hOllds. undcrlilkings and cunlwt:ts
of surctyship: ,lilt! ,h:lI thc SeClelnry or any Assl~talll Scncwry of thc corpora lions hc, and each of Ihem herl;"hy i~. aulhori7.l;"d to nUest Ihe cxct;lllioll of any such
Po\\cr of Allomc)':
RESOLVED. FURTIIER. that th~' :-.ignatures of :-.uch otrit:ers Illil)' hl: atfixl:d ((I ;lilY sllch P\lIVl:r of Attorney (l[ 10 ally cenllicnlc relaling therl.'lu hy
f.lt:simi1e. and ,lilY such Power (lfAllorlll:Y or l:~'l"lilil"ille bl.';lrll1g su~h 1;ll'stlllde ~Igll,ltures sh;lll bl.' \';lIid alld binding upon thl.' C(11'I'Nillion whcn S(I .,nixn1 iU1U in
Ihe future with respl.:l't tll ilny hondo llnderwking or COlllrill't of sllletys]l1p 10 Ivhich it i:-. i1nat:lwd
IN \I,.'ITNI:::SS WHEREOF. DEVELOPERS SL'RETY A1'\D INOUo.l!\'ITY COMPANY and I~DI:::MNITY C()\1PA~Y O~ CALl~ORNIA hove severally caused
these pre~ellls 10 he signl;"d by their respeclive bl;"l:Uli\C Vice Presidenl and allesled hy lheir respel.'tive Secretary this hI day ofOclohel". 200:\,
r-=') ~
o
........'''''....,
,.,., "( AND ""';
....~"'~..............."'C/".
l~ ,....o~POR..q;:....+ '\.
: .'t" <t"'~':.
t;:l OCT. \~i
;~~ 10 1n~
~o.... 1936 jOI
':.~" .,~:
~~...... "1~""".'OW (l. ","~-4 ""
" 0 ........... ~~.'
......... * .."",..
.".."".....
8y
"'~''''~~
\1,. illler A. ("ro\\el1. Sl;"Crelary
STATE Of CALIFORNIA
I
.55.
I
COUNTY OF ORAMil::
On Octoher 1.2003. before me. Diane.l Kawata. pel"'.onnlly appeared David H. Rhodes alld Waller A. Crowell. personally known 10 me (or proved 10
me on the basis of S,llisfaclory c\'idcncc) 10 be the I'crson~ whose namcs arc suhscribed to the within instrUlllcnt and acknowledged 10 me thm they cxeculcdlhe
same ltl Iheir l1uthoriz..:d eillMcilies. and IlwI by Iheir signalllres olltlw ins\l"Ulllcntthe enr1f} UpOIl behalf ofwhrch .I~~e persons acled. executed Ihe inslrument.
s:z~
,-
) ~~,:.. DrANE J. KAWATA ~
Q ~'.." CQMM.. 1334746 ~
::;~-:!/t7 ~ _ Notary Public. CahlorOla "
;; ~..... ORANGE COUNT Y S
I . My Comm Expires JAN 8 2006 ~
Signaltlrl;"
CERTIFICATE
The tfntbsigned.l1s Senior Vit:e-PI'l.'~idenf. Untlet"\\Tiling of DEVELOPERS SURETY A\:D I~Dr:\1\,jITY COMPANY illlt! INDEMNITY COMPANY
Or C ALlFORNIA. dne~ hereby certify Ih;]llhe foregoing Powcr (If Allomcy remaills in full torce lInd ha." 110t hct'1l revoked. and fllnhermore. Ihlll the rrovisions
of the re~olulion~ of the respeclive Boards of Dn-eClors of s;]id eorpor<lliolls set forth rn Ihe Power ot AlIorney. !Ire in It.1rce a,> of the dale of this CeI1ilici\te.
o
Thi,~ Cerlltit:ille is executcd in Ihe Cily (11' Irvine. Cillifomia, lht'
day of
NOV102(l5
8,
LJ
(;)
Wesley W. Cowling l;"nior \"ice-Pre~rdcnt, Ullcten\1I I );!
lD-! )1'0 (Rev. 100:;)
ACORD DATE (MM1ODIYYYY]
TM CERTIFICATE OF LIABILITY INSURANCE 10/24/2005
PROOUCER pnone (303) 6:J5.AVID(2S.3) Fax (JOJi80S-2lJ4S THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION
AVID INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 456 HOLDER. THIS CERTIFICATE DOeS NOT AMEND. EXTEND OR
( "'RKER CO 80134 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
"" INSURERS AFFORDING COVERAGE NAIC #
- PROBUILDERS SPECIALTY INSURANCE CO, RRG
INsuRED INSURER A
CALPROP CORPORATION; NORTH PARK 19, LLC 'INSURER 8,
DRAKE DEVELOPMENT, LLC - --
INSURER C
13160 MINDANAO WAY - -
MARINA DEL REY CA 90292 INSURER 0
--
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE PO!..ICY PERIOD INDICATED NQTV....lTriSTANDIN::;
ANY REQUIREMENT. TERM O~ CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSuED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI,.. IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDITlON5 OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS
,IIISR ....DO.~ TYPE OF INSURANCE , POLICY NUMBER 'g;ii';::~~ ~~~ ~:O~~N LIMITS
cHI 'N$RC
GENERAL LIABILITY WPIN5005435 08/02105 08/02/06 EACH OCCURRENCE . 1,000,000
X COMMERCIAL GENERAL LIABILITY, DAMAGE iO RENTED . excluded
PRfMISfS lEa oecurence)
CLAIMS MADE X I OCCUR MEO. EXP (Anyone person) . 5,000
A P,=RSONAL & AOV INJURY . 1.000.000
--
GENERA~AGGREGATE . 2,000,000
GEN-LAGGREGATE :"IMIT APP!..IES PER PRODuCiS-COMPIQP AGG . 1,000,000
X PRO- :
POLICY JECT lOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (EaacclClent) .
A:.L OWNEDA,UTOS i 600lL Y INJURY
(Per person) .
SCHED'JlED AlITOS
HIRED AUTOS BOOIL Y INJURY
, .
NON-OWNED AUTOS (PeraCCloent)
. PROPERTY DAMAGE .
(peracc::len:t
GARAGE liABILITY AUTO Otl,:.. V . EA ACCIDENT .
;,,:-,;v":'-':TO OTHER 7"1...N EA ACe .
AUTQONLY AGG .
eXCESS I UMBRELLA LIABILITY . EACH OCCURRENCE .
OCCUR CLAIMS MADE ' AGGREGATE .
.
DEDUCTIBLE .
~ETENTlON S .
WORKERS COMPENSATION AND WCS1ATV. eTHER
EMPLOYERS' LIABILITY TORY _1'-'\1':"5
ANY PROPR1ETORIPARTNI!NEXECUTIVE EL EACr< ACCIDENT .
OFFICER/MEMBER EXCLUDED? EL DISEASE-E.ll EMP;.OYEE .
II yn,dntnbeunde'
SPECIAL PRO\llSIONS below E L OISE..SE-POllCV L1M,T .
OTHER: --
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
TRACT NUMBER: 16865
CERTIFICATE HOLDER
COVERAGES
CITY OF SAN BERNARDINO
300 N 0 ST
SAN BERNARDINO, CA 92418
CANCELLATION
SHOULD ANY OF THE A80VE DESCRI8EO POLIC,ES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF", ':"HE ISSuiNG INsuRER WILL ENCEAVOR TO MA;L 10
DAYS W~JTTEN NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO;)O SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY I(.IND UPON TME
INSURER IT'S AGENTS OR RE",RESENTATIVES
Attention: LYNN PARKER
ACORD 25 (2001/08)
Certificate #
(1) ACORD CORPORATION 1988
10911