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HomeMy WebLinkAbout2005-278 ~.,----.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --. ,'- ,"-~,...'-"'~-"-""'='- RESOLUTION NOJ 2005-278 RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDMSION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) LOCATED ON TIlE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND TIlE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) AS APPROVED BY RESOLUTION NO. 2005-114 DATED MAY 16, 2005. BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 90-427 with Richmond American Homes of California, Inc., for improvements in Subdivision Tract No. 16509-2 (Lots 32 through 59 of Tentative Tract No. 16509) as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services of the City of san Bernardino. SECTION 2. Standard Form of Agreement for Subdivision Tract No. 16509-2 as approved by Resolution No. 2005-114 dated May 16, 2005, with University Park, LLC is hereby cancelled by mutual consent of the City and University Park, LLC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SlJBDMSION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE SJlECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDMSION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) AS APPROVED BY RESOLUTION NO. 2005-114 DATED MAY 16, 2005. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this Resolution. SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. /II /II -c-,'c- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C~--'~Tr-' ,.". -~,~~.~_...-.~---" ,-- 'T'.N ~-~== -- .---~-,.'.,~~."..'~~- j-rr ._-- ~,,-,-.'~,",""'''''- " .b""'''' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 16509-2... I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the UIMayof August , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GlNNIS x DERRY x KELLEY -L- JOHNSON -L- MC CAMMACK x {J~h~ CitY-Clerk 2005. The foregoing resolution is hereby approved this 17th day of August ~~ Wendy McCammack, Mayor Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney -~~., <> ,. - . #"..-.__:____.J. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -~ AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of , 2005, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Richmond American Homes of California. Inc., hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract 16509-2, ~onsisting oflots 32 through 59; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, D. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and, E. WHEREAS, This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code. I -.." J . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,,'" ~" '. '"""."7"-""-~>~-"'-.-,'i NOW THEREFOREl for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety'.!! 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. 2 __"__c,,~_ ,;_"__'_'_~ I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~-. 5. Reoairs and ReDlacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deoosits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Comoliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Suoerintendence bv Subdivider. Subdivider shall gIve personal superil1!endence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 ~''''(I - . . 1 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _O~-l' " --, 9. Insoection by City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; i 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, An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municioal Code; and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. (b) (c) -..-.. 4 .r T . I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .". " , II. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's Comoensation Insurance/Emoloyer's Liability Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdivider's employees employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Prooerty Damal!:e Insurance. Subdivider shall take out and 5 I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ..[,. 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), includingdeath, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of anyone occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^ ^ ^ ".' cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (l) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Iniury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without 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,eyidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction 7 --- ",'- "---~~'=-'-r- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly, (including from the negligent performance by its officers, employees, agents) from the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the afores~!~ 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 8 -,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ "I ~o~. u~~ acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold hannless 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 detennined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's perfonnance hereunder. 14. Title to Imorovements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Reoair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work perfonned 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 requirewents 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 9 ~-_'_"n . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "....-"~. .- promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Insoection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. "." 19. Breach of Agreement: Performance bv Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that it the surety, within five days after the 10 .~,..n", "'"-' - -"[.. ~~r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T. __n,., ". --~ ,., '''OJ W"'- - - m.~'~__~~-----T------~'-'-"""""~'i'-~:" T- serving upon of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 20. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. (a) Notices required to be given to City shall be addressed as follows: City Administrator City Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Richmond American Homes of California, Inc. 1305 Corona Pointe Court Corona, California 92879 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: Provided that any party ~r 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. 11 ~.' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l' , , 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal representatives, successors, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: ~b.~ City lerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney, 7-.f~ 12 Wendy ammack, Mayor Pro Tern City of San Bernardino SUBDIVIDER: Richmond rican H mes of California, Inc. By: By: '" "-"T"-------"-C~W."'"'''-''~''~'''--'=~'~'-'..'~Jr'-'-'''r'~~~"""'~''''''''''"''''~~!!'!:'l!\!'''!1itc,-:::=-.-,.- State of California ) ss County of Riverside ) On July 22, 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal ~. ~k.~ Public in and for said County Lynn F. Whitesell My Commission Expires on 2/27/09 -~ ~ H~ .."~-" ,~,' '-,~.,~-'-~-.,~ ~"~""-~"~T'~"'-"lf~~"";'''''"m'' "- Bond No. 83BSBDM0045 FAlTHFULPERFORMANCE WHEREAS, the City of San Bernardino, State of California, and Richmond American Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as University Park, Tract 16509-2, (Lots 32-59), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called "Obligee"), in the penal sum of Five Hundred Sixty Thousand and OO/IOOths Dollars ($560,000.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded_Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall ~ndemnify and save harmless Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on July 22, 2005. (Principal) (Surety) Richmond American Homes of California, By: Title: Hartford Fire Insurance Company ,"J / LOCAL SURETY AGE ATIACH NOTARY ACKNOWLEDGEMENT C & D BOndinll Insurance ATIACH POWER OF ATIORNEY 1800 Lambert Road. Suite 210 Brea. CA 92821 , (714) 256-0691 lilZT "1l'''i'' " """"" """"""j'~ ''''~ "^';~~T"""'"'' ",,- """ "T " "." '", ,,,,., " ""","~'" State of Illinois} } ss. County of Dupage } On Julv 22.2005. before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Companv the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ' OFFICIAL SEAL '~~ JENNfFER J MCCOMB · NOTAllYIIWIJC.ITATI OF .".!,!.C--'-'IDII~ . 1" . " ~ --c' -~,'-'~-"'~"7'-"'\""''''''':'''''''l'Pl:'!'~-r,;_ 7"~"'_"';" - . . :POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD. CONNECTICUT 06115 Twin City Fire Insurance Company D Hartford Insurance Company of Illinois rn Hartford Insurance Company of the Midwest D Hartford Insurance Company of the Southeast D rn Hartford Fire Insurance Company rn Hartford Casualty Insurance Company rn Hartford Accident and Indemnity Company D Hartford Underwriters Insurance Company KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make. constitute and appoint, up to the amount of unlimited: James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn I. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb of Countryside, IL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. ~...€> ~i * ~.=.~ .", ~.. ,....; 0 ~, .... .;\ ..~:::.1 ,,,P ......-. ;' , .1 1'." I - · ~..,. ~L! . . .J~":1: - . '''...-....'..'' '9,.,....". ,fJ Ot. ~ /1?'f'~ Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} ss. Hartford COUNlY OF HARTFORD On this 19'" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John P. Hyland, Assistant Vice President @ CERTIFICATE ?~ ~::f:/J Notary Public My Commission Expires June 30. 2004 I, the undersigned, Assistant Vice President of the Comp.;,nie$, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, wh!chls stil! in full force effective as of JULY 22, 2005 Signed and sealed at the City of Hartford. ~.. @ ~At<4-L'Ct ll' 4 -.. .J Colleen Mastroianni. Assistant Vice President ~T - ~,~ " " ,- -'~ ~,-,-- , ~T".'.;"'-'_"',. y.,~.".~,>:,W_ State of California ) ss County of Riverside ) On July 22, 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal Lynn F. Whitesell My Commission Expires on 2/27/09 " ".~..~."..~..~"",.."..... ...... , "..,,, "~."~-'--~PI~'=b"=T>!"~'".'~''''''''' '''''''''''''"'iI' r r 7 Bond No. 83BSBDM0045 LABOR AND MATERIALS WHEREAS, the City of San Bernardino, State of California, and Richmond American Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as University Park, Tract 16509-2, (Lots 32-59), is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Bernardino (hereinafter designated as "Obligee"), to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty Thousand and 00/1 OOths Dollars ($280,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on July 22, 2005. (principal) Richmond American Homes of California, c. (Surety) By: Title: M~I ATIACH NOTARY ACKNOWLEDGEMENT ATIACH POWER OF ATIORNEY LOCAL SURETY AGE C & D BODdino InsUfllI1ce 1800 Lambert Road. Suite 210 Brea. CA 92821 (714) 256-0691 , "1 " . - ,~..~ ,,~ 'C' F'" .,.. ...", . .... .... .~..,.,.,!....,...- . , '. '. State of Illinois} } ss. County of Dupage } On July 22.2005, before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed,my official seal, the day and year stated in this certificate above. ~ - - -_W-"~------1TrT -- j7'M =V""'"'~"'W_W_"IT w-~~____'~__";~~-: -'-'~'''':=:''''''-_ "'~'''-,___h._'~ ,.POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD. CONNECTICUT 06115 Twin City Fire Insurance Company D Hartford Insurance Company of Illinois m Hartford Insurance Company of the Midwest D Hartford Insurance Company of the Southeast D m Hartford Fire Insurance Company m Hartford Casualty Insurance Company m Hartford Accident and Indemnity Company D Hartford Underwriters Insurance Company KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford UndefWriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make. constitute and appoint, up to the amount of unlimited: James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn I. Morgan, Peggy Faust, Kelly A Jacobs, Elaine Marcus, Jennifer J. McComb of Countryside, IL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Wltne.. Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. e.>. ,,"IS, (f) : ,':. ."..MN-.... ~ - .:!.......~ ""P ~' ,: ',-j 1.." .... · , ' ''''',_ , ... ..... .......... · ~~.-'~A. - S " , - " ' ~.....:-.~..,,\ . -', ' ,.... ~~o Qt. ~ /-"~ Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} ss. Hartford COUNlY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above Instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John P. Hyland, Assistant Vice President @ CERTIFICATE y~ ~~::/~ Notary Public My Conunission Expim June 30, 2004 I, the undersigned, Assistant Vice President of the Compen:in, 00 HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is stjll in full force effective as of JVL Y 22. 2005 . Signed and sealed at the City of Hartford. e.. ,lIS, 0 . ......, '_; Ii/..-..~ .; .. I!.......~ ....P ....' .'. . .1 ,.." I · -"..... . ... . '.'~' - ~,_ . ~". ' _", ' '. 4t, .,..,~ . ~~v(J..:.:, Colleen Mastroianni, Assistant Vice President _.-",,",,-.,,~-=--~ . ' ,-,-,~,-,__,~_~'-"-- -- -~~ '~~'~II'W"-'-- -----~-%-"-~-,,--~,-,, . _ _ _.IIl" l!I! _ II" -^ "i--C'--'~":"-!1JJ;_~;'!:":::""'W~~~ .l1 Insured's Name ~ R!cew~Y1 ~irictn Homes o a 0 n a, nc. Insured's Mailing Address : 1305 Corona Pointe Court Corona, CA 92870 Policy Number '83BSBDMOO45 IMPORTANT NOTICE -TOOBLlGEES/POLICYHOLDERS .... TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your. 'bond/policy. l'Iowever, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States' of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily~establlshed deductible paid by sureties/insurers until such time as insured lo~ses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. " The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. I Terrorism premium: I $0 Form 8-3333-0 Page 1 of1 @ 2002, The Hartford ",' ,,,~,c~,,,'C' " "'CO-'CC'C>,,"""""_ State of California ) ss County of Riverside ) On July 22,2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal ... Lynn F. Whitesell My Commission Expires on 2/27/09 ~"~-"~,_,,~,,~~e'~'m~ ,__',,_e.,," "'~'-='07",..,. 'C.,..",,,,,,~.,,,~~~ Bond No. 83BSBDM0046 MONUMENT BOND WHEREAS, Richmond American Homes of California, Inc., as Principal, desires to record a final map for the development identified as: University Park, Tract 16509-2, (Lots 32-59). WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDNISION, of the Government Code of the State of California, the interior monuments shown on said final map need not be set at the time the map is recorded and said Principal wishes to have the interior monuments set after the time the map is recorded. Said Principal agrees to furnish a security guaranteeing the cost of setting such monuments. NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in the sum of Eight Thousand Four Hundred and OO/IOOths Dollars ($8,400.00), lawful money of the United States, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: if the monuments are set on or before , and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, if any, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or to the work to be performed thereunder of the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition . to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on July 22, 2005. (Principal) (Surety) Richmond American Homes of California By: Title: Hartford Fire ;surance Company / / ,/// ;,,\ , . \ LOCAL SURETY AGEm' C & D Bondin~ Insurance 1800 Lambert Road. Suite 210 Brea. CA 92821 (714) 256-0691 ATIACH NOTARY ACKNOWLEDGEMENT ATIACHPOWEROFATIORNEY (university park-tk2-monument.doc) "'. "', ""- ~ ~-''''''"''j-''-'=' .,.' ""~-'~~""frff".,'r~'."-'---"" .. ...." .'" ""'t "~'-':::'r':~:::.. _' State of Illinois} } ss, County of Dupage } On Julv 22.2005, before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. f OfFICIAL SEAl.'.~ JENNIFER J MCCOMB . IIIOTAlWNalC:.ITATlCIF...... MY ~-1I1J ON ........".. ~ ~ C" - - ^~-~ - c'''j"'c'''''V',j'"^m,c''''TC,^ ".._=^,., '''"''C:::::: ,,=,:,,:,.~ '.POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD. CONNECTICUT 06115 Twin City Fire Insurance Company 0 Hartford Insurance Company of Illinois m Hartford Insurance Company of the Midwest D Hartford Insurance Company of the Southeast D m Hartford Fire Insurance Company m Hartford Casualty Insurance Company m Hartford Accident and Indemnity Company D Hartford Underwriters Insurance Company KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurence Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurence Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurence Company of illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of tha Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimIted: James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn I. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb of Countryside, IL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Wltne.. Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. e.. .\''''~ 0 >,:. ."..---, iii ,.. \ It....,.....;;,;. ,.." ....... . .:~. 1101 ltllf I... · .... ..i..... ...... . ..<~' - '. " > '. ,', ",_., "'I: '. ...." . ~eu-vO Ct. ~ ~refc-- Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} ss. Hartford COUNlY OF HARTFORD On this 19'" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he Is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John P. Hyland, Assistant Vice President ~ p~~::~ Notary Public My Commission Expire. June 30. 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Comp~l1ies....mich is still in full force effective as of JULY 22. 2005 S'~i.Hi 0'.... ,,'. . ..~ . . ~~4-LT:t c' . 11.0 ~ Colleen Mastroianni, Assistant Vice President '""'''""0'-"" --,-- -, ~'~""-~ -11" -~'~"~"_c"-F"<.";.".G.",,:~.:.7.~:.. ,::_ .11 Insured's Name : RtCem~y~ Amtrictn Homes o a orn a. nc. Insured's Mailing Address ; 1305 Corona Pointe Court Corona. CA 92870 Policy Number 83BSBDM0046 IMPORTANT NOTICE TO OBLIGEES/POLlCYHOLDE'RS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your, 'bond/policy. 110wever, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/polley and generally applicable rules of law. Any terrorism coverage provided by this bond/policy Is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily~establlshed deductible paid by sureties/insurers until such time as insured lo~es under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. ' The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium-for the coverage. I Terrorism premium: I $0 Fonn 8-3333-0 Page 1 of 1 @ 2002, The Hartford '-O_'~_ ' -"'~~~"","''-='''"_. -""--'~--~l---'-~W'-"'-~--'--~"-"~->'-'-'------"- >--,~-,"~ State of California ) ss County of Riverside ) On July 22, 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal Lynn F. Whitesell . My Commission Expires On 2/27/09 - _< "'~' ,_c,_ '<"_F .._"""~-",/...",,,,",,,-;;<>;;~",,,,,,,,,,,,,~".."~'-- , ~. ,___.,~,u ..,~- ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 08/05/200! PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlO ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICAl Willi. North America, Inc. - Regionel Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND 0 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BElO~ P. O. Box 305191 Na.hville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED HOC Holding., Inc. INSURER A: American International Specialty Line. In 26883-0 r. Ricblllond American H.... of California, Inc. INSURER8: American Home A..urance CClIIlDanv 19380-0 1305 Corona Point Court Corona, CA 92879 INSURERC: Allegiant Inaurance COIIIPany, Inc (A RRG) R3535-0 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI~ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF sue POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Y F TYPE OF INSURANCE POLICY NUMBER N GL 148-86-23 6/30/2005 6/30/2006 $ $ $ PERSONAl & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS.COMP/OPAGG $ LIMITS 1 000 50 COMMERCIAl GENERAL LIABILITY CLAIMS MADE [i] OCCUR COMBINED SINGLE LIMIT (EellCCidenl) $ BOOIL Y INJURY (Per person) $ BOOIL Y INJURY (PerllCCidenl) $ PROPERTY DAMAGE (Per occident) $ GL 00 405-002 OTHER THAN AUTO ONLY: AUTO ONLY. EA ACCIDENT EAACC AGG EXCESS LIABILITY D CLAIMS MADE EACH OCCURRENCE AGGREGATE e DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARl'NERlEXECUTlVE OFFICER/MEMBER EXc;LUDED? ~WC~~R~~~NSbelow OTHER Product. / Completed Op. Liability we 121-28-03 AOS we 121-28-05 PL we 121-28-04 CA 7/1/2005 7/1/2005 7/1/2005 7/1/2006 7/1/2006 7/1/2006 B B B E.L. DISEASE. POLICY LIMIT $3,000,000 Bach Occurrence $18,000,000 General Aggregate DESCRIPTION OF OPERAnONSlLOCAOONSlVEHICLESlEXCLUSIONS ADDID BY ENDORSIMENTISPECIAL PROVISIONS Re: Regency at University Park eity of San Bernardino is named as Additional Insured as respects to the General Liability policl City of San Bernardino Attn: Mike Grubb. 300 NOrth 0 Stre.t San Bernardino, CA 92418 CANCELLATION SHOULD MY OF THE AIIOVI! DESCRI8ED POLICIES BE CANCELLED BEFORE THE EXPlRAT DATE THIRIOF, THE ISSUING INSURER WILL INDEAVOR TO MAIL ~ DAYS WRIT NOnce TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so Sit IMPOIE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS CERTIFICATE HOLD R ., , I . ,., ,"" .~"". ._,,~~~. .'~lr"="""'~~F...._".~ Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.