HomeMy WebLinkAbout2005-299
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RESOLUTION NO. 2005-299
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR
TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) LOCATED ON THE WEST
SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND
THE DEVIL CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE
SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Tract No. 16509-
4 (Unit 4 - Lots 74 through.,9Q), a 17-lot, single family, residential subdivision and proposed
Tract No. 16509-5, (Unit 5 - Lots 91 through 105), a 15-lot, single family, residential
subdivision located on the west side of Northpark Boulevard between University Parkway and
the Devil Creek Flood Control Channel, together with the provisions for their design and
improvements, are consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
University Park, LLC, for improvements in said two subdivision tracts as are required by
Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
time for performance is specified at 24 months. Said improvements are specifically described
and shown on Drawings approved and on file in the office of Development Services of the
City of San Bernardino.
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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT NO.
16509-5 (UNIT 5 - LOTS 91 THROUGH 105)....
SECTION 3. The Final Map of said two subdivision tracts are hereby approved and
the City of San Bernardino hereby accepts as public property all dedications within the
subdivisions as shown on said Final Maps for streets, alleys (including access rights), drainage
and other public easements. As a condition precedent of approval of the Final Maps, the
Subdivider shall first execute the agreements referenced in Section 2 hereof for the
improvements within said Subdivisions.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
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2005-299
RESOLUTION...APPROVING TIlE FINAL MAP FOR SUBDMSION TRACT
NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TIlE FINAL MAP FOR TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
. f C' f S . j t. regular. th f h ld
and Common Council 0 the lty 0 an Bernardmo at a meetIng ereo, e on
the 6th day of September , 2005, by the following vote, to wit:
Council Members:
ABSTAIN ABSENT
AYES
NAYS
ESTRADA x
LONGVILLE .1L-
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK .1L-
~...J,.e !.L~
Ci Clerk
2005.
The foregoing resolution is hereby approved this
day of ~,
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By,~~H
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2005-299
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this S-<<' day of
~, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and University Park. LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-4 (Unit 4 - Lots 74 through 90); 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
AgreeIllent with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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2005-299
NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety'~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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2005-299
5. Reoairs and Reolacements. 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: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municioal Code.
8. Superintendence by Subdivider. Subdivider shall gIve personal
superil}~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.
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2005-299
9. Inspection 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 improvements and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of 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 MuniciDal 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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2005-299
11. Subdivider's. Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation Insurance/Employer'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 Damage Insurance. Subdivider shall take out and
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2005-299
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
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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
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2005-299
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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 (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider( s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
andeyjdence that City is named and endorsed on the policy as an additional insured.
Subdivider. and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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2005-299
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
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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2005-299
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages. '
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's!Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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2005-299
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 Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
'. .)9. Breach of Agreement: Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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2005-299
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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2005-299
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
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2005-299
AGREEMENT
(Subdivision Improvements)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~/;;. ~
CIty erk
Approved as to form
and legal content:
By:
JAMES F. PENMAN,
City Attorney,
SUBDIVIDER:
University Park, LLC
BY/~A'l
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2005-299
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of
undersigned, a Notary Public in and for said County and S
20_, before me, the
, personally appeared
personally know to me (or proved to me on the asis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the IS of satisfactory evidence) to be the
of the oration that executed the within instrument, and
know to me to be the persons who cuted the within instrument on behalf of the corporation
therein named, and acknowled to me that such corporation executed the same, pursuant to
its by-laws, or a resolution ItS Board of Directors.
WITNESSmyhandan fficialseal. tA\;~({\\(1.. f\\\ ~1A(roU'. A-c.tl"4lwk~~l'Y\.tA\{--
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(This area for official seal.)
Notary Signature
14
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2005-299
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
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State of California
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o waves te ffi8 8" tRe Basis of MliMfletery
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to be the person(~ whose name(.) is/Me
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acknowledged to me that he/_/tbey executed
the same in his/lj)er/t~r authorized
capacity(i,llS), and that by his/twr/t~ir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(1J)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
OPTIO
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 Rocument
Title or Type of Document: .J-+ttn 'NvA'> \- {~lkb.l \\1 \ ~ \ Df'. ~?("'O~ Q...N\2...l".~~
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Signer's Name: ~ \I?lt'(\~~~. \.lYi,,""<;'~
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D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
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Signer Is Representing: \Af\\\\.U ...\~ ~11{\!. , l..Le-
RIGHT THllMBPF~INT
or SIGNER
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01999 National Notary AssocIation. 9350 De Solo Ave., P.O. Box 2402. Chatsworth. CA 91313-2-402. www.nationa1notary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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2005-299
. ,
I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond No. 2169562
Premium: $6360.00
Subdivision Bond
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, arid Insurance Company of the
West a corporation organized and existing under the laws of the State of California and authorized to transact surety
business in the State of California, as Surety, are held and fIrmly bound unto City of San Bernardino in the sum of Five
Hundred Thirty Thousand and Noll 00 DOLLARS ($530,000.00) for the payment whereof, well and truly to be made, said
Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, fIrmly by
these presents.
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract dated TBD, 2005, with the City of San Bernardino to do and perform the following work, to wit: Subdivision
improvements for Street, Sewer and Landscape for University Park Project, Tract 16509-4.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 5th day of August, 2005.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF
By:
CA-ICW 2S (7/00)
.
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2005-299
STATE OF California }~
COUNTY OF Los Angeles
On AU2ust 5. 2005 , before me, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
,
.
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instllUment and acknowledged to me that he/shelthey executed
the same in hislherhheir authorized capaciM ies), and that by hislherltheir - ,
signahlre(s) on the instrument the person(s). or the entity upon behalf ..
of which the person(s) acted. executed the instrument. f~ ClAe...,
- ',' -~'~.'1"
WITNESS my hand and official seal. I Notary PubIc . C<*oInIa
~' Los Angeles ~
, MvConm.~Ja\l4.3XJ7
Signature (a..-.e..t.- tk,
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Subdivision Bond Performance
. TITLE OF TYPE OF DOCUMENT
TlTLE(S)
o PARTNER(S) o LIMITED
o GENERAL One
III ATTORNEY.IN.FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: August 5. 2005
DATE OF DOCUMENT
- --.
SIGNER IS REPRE~ENTING:
NAME OF PERSON(S) OR EN1lTY(IES)
Insurance Company of the West
University Park. LLC
SIGNER/sf OTHER THAN NAMED ABOVE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
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2005-299
CALIFORNIA ALL-PURPOSI! ACKNOWLI!DGMI!NT
State of California }
ss
County of Orange
On O-.'^-lv q I -z.Do~ ,before me, Janice Wall, Notary Public, personally appeared
James R. atson, personally known to me to be the person whose name is subscrIbed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
JANCI WALL
@ CommllllOn 111316136
i NoIaIY N:IIC . CaIIamIa
! Qange CNlIV
, ' Mycomm.ExpRlAug29.2005
e of Notary Public
all
Co ion # 1316136
Expires 8/29/05
Place Notary Seal Above
Optional
Though the infurmation 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 tbrm to another document.
Description of Attached Document
Tit1e or Type of Document: -StA\o~ \'.1\,:>\ llt"'\ ~O<""l~ a. \ ~~ S to.:l "" S 30) 000. Q(')
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Attorney in Fact
Trustee
Guardian or Conservator \ _ . ,
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2005-299
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 91130
P.O. BOX 85563 SAN DIEGO, CA 91186-5563
(858) 350-2400 FAX (858) 350-2707
www.lcwgroup.com
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 2169562
Premium is ineluded in
the Performanee Bond.
Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, 2005, and identitied as project University Park, Tract 16509-4 is
hereby referred t~ 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 tile a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and funlly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreemeitt and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Sixty-Five Thousand and
no/IOO dollars ($ 265,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to
be awarded and tixed 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 benetit of any and all persons, companies and corporations
entitled to tile claims under Title IS (commencing with S~ion 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August, 5, 2005.
Attest or Witness:
UNIVERSITY PARK, LLC
(Seal)
(Seal)
CA.ICW ~7 (7/00)
- 17-'''''<>%'>'>'''~'~''
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2005-299
STATE OF California }~
COUNTY OF Los Angeles
On AuJ;tust 5. 2005 , before me, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
,
,
,
personally /awwn to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instt'Ument and acknowledged to me that he/she/they executed
the same in hislherhheir authorized capacity( ies), and that by hislher/their ~j-~~l- !
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
l.. Notcry PublIc - CallfornIO ~
WITNESS my hand and official seal. I Los ArQeIeS County t
~ _ to ~:a.:..1(l._~~1~~7
Signature f~~J~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Labor and Material Bond
. TITLE OF TYPE OF DOCUMENT
TITLE{S)
o PARTNER(S) [J LIMITED
o GENERAL One
III ATTORNEY-iN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: AUKust 5. 2005
DATE OF DOCUMENT
- '-
SIGNER IS REPRE;SENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
University Park, LLC
> SIGNERIS\ OTHER THAN NAMED ABOVE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
C,"~'."_.'
2005-299
.-.... ~.-..
No. 0004142
JCW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a CorporatiOn duly organized under the laws of the State of Califomia, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
TERESA J. JACKSON, CARL C. HOSSLJ
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
--~
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INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatnres on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} SSe
!@ -', co.~. ~?#9~2~'41 A
u NOTARV PU8LIC.CAUfOANlA !I!
" . ~ OIE(lO COllNTV :z
u, CommISSlOl1 Ellpinls
. S .. ~EMBER 20. 2005 I
~~
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies: '
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents. .
RESOLVED FURTHER: That the signatnres of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be mcsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be filcsimile representations of those signatures and seals, and such mcsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying." .
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certity that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 5th day of August , 2005
John H. Craig, Assistant Secretary
To verity the authenticity of this Power of Attorney you may call1-8oo-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individua1(s) and details of the bond to which the power is attached. For informstion or filing claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
- ""'["""""^ .<~
I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 91130-1045
P.O. BOX 85563, SAN DIEGO, CA 91186-5563
(858) 350-1400 FAX (858) 350-1707
www.iewtrroulL~om
BOND NO. 1169564
PREMIUM S 100.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a fmal map for the development identified as: UNIVERSITY PARK, TRACT 16509-4
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the,map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is resorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Five
Thousand One Hundred and No/IOO Dollars ($5,100.00), lawful money of tile United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The conditions of this obligation is such that if the monuments are set on or before TBD, 2005 and
the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become
null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on August 5, 2005.
UNIVERSITY PARK, LLC
By James R. Watson, Managing Member
INSURANCE COMPANY OF THE WEST
s . Jackson
A ey-In-Fact
PPROVED AS TO SUF
APP
Director of Public Works
(A.JCW 30 (7/00)
_ 1 '-"~'r'"-"- f r
STATE OF California }~
COUNTY OF Los Angeles
On AU2ust 5. 2005 , before me, Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
,
personally lawwn to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instf'Ument and aclawwledged to me that he/she/they executed
the same in hislher/theirauthorized capacity(ies), and that by hislherltheir '.-:~~-J
signature( s) (In the instrument the pe rson( s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
N6tay PublIc . CaIfomIa t
WITNESS my hand and official seal. ~ Los Angeles County f
~ _' ~~:.~~1~2007
Signature Cr.A f2L- }~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Monument Bond
- TITLE OF TYPE OF DOCUMENT
TlTLE(S)
o PARTNER(S) [J LIMITED
o GENERAL One
III ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: August 5. 2005
DATE OF DOCUMENT
"" "-
-
SIGNER IS REPRE;SENTING:
NAME OF PERSON(SJ OR ENTI1Y(IES)
Insurance Company of the West University Park. LLC
, SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
~-~_..
No. 0004142
ICW CROUP
Power of A1toney
Insurance Company of the West
The Explorer Insurance Company IncIependence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the Stale of California, The
Explorer fusurance Company, a CllI'pOration duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the ''Companies''), do hereby appoint
TERESA I. JACKSON, CARL C. HOSSLI
~~
(~)
~~/
~~y
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
10hn L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared lohn L. Hannum and 10hn H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} ~.
!@'..'. '.C O'.~~. .Y,#~3 2,'341 n.1
u N01ARV PlJ8UC.CAL.lfORMA fa
U" .f.AN~=~~ !l
IS~PTEM8ER 20:2005 ,
\-frlV~K ~
lJ
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with filcsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL YED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deli yer on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOL YE" FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be lacsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be lacsimile representations of those signatures and seals, and such lacsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying. .
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 5th day of AUKUst 2005
10hn H. Craig, Assistant Secretary
To verify the authenticity oflhis Power of Attorney you may call 1-800-877.1111 and ask for die Surety Division. Please refer to the Power of Attorney Number,
the above named individua1(s) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, ICW Group,
11455 El Carnino Real, San Diego, CA 92130-2045 or call (858) 3~0-2400.
n ~"'~,-" ,,- --,
"'""""'r"",.ce"","-" - "~, ' -
CALIFORNIA ALL-PURPOSe ACKNOWLeDGMeNT
State of California }
ss
County of Orange
On Au.... t\ 'ZC>oC;- ,before me, Janice Wall, Notary Public, personally appeared
James R. Watson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
JNlClWIU
@ CclmmIIIIoI..II.61"
NoIary NlIIc . CCIIbNO
0Iange eo..-
" Mveomm.....Aug2t.
Place Notary Seal Above
Optional
Though the inmrmation 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 mrm to another document.
Description of Attached Document
Title or Type of Document: \'(\Of\\.\.~U"\~ ~,,~ ~\ \oo.t::)\o'\ J) ~ 1100 00
Document Dated:
tA(\\vu~,~ PM\c ,r~ \InSD'l-4
p\~t.,\A <..\-0 '> \ 200S
I
Number of paps
\
Capacity(;es) Claimed by Siper
SiperaName: 0{).1"'f'I.1''';- 7. \~~
Individual
Corporate Ofticer"TitJe(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator \_ " _
-L- Other: ~N>-'I'V\'1 i')\L-M,l).<<
Siper is Representing: U f\h~AC,'~l ~ b\ f" \.
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ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 5~ DATE (MIIIDIl/YYYY)
UNIVE-S 06/10/05
>'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elkins Jones Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
:Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12100 Wilshire Blvd., '300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90025
Phone: 310-207-9796 Fax: 310-207-5337 INSURERS AFFORDING COVERAGE NAIC.
INSURED INSURER A: Nt. hwl.y In.uranc. CcIIIpany
INSURER B:
University Park, fiC. INSURER C:
333 S. Hope St.~ 6th Floor INSURER 0:
Los Angeles CA 0 71 INSURER E:
COVERAGES
THE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01W1THSTANOING
IWY REQUIREMENT, TERM OR CONDITION OF IWY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER 'DATi ;MMIDllIYYf "g..~ LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- MGL0144488 06/12/05 06/12/06 PREM;sHYE=~\
A X X COMMERCIAl.GENERAL LIABILITY $ 50,000
I CLAIMS MADE ~ OCCUR MED EXP (Any .... potIOI\) $ 5,000
PERSONAL & N1V INJURY $ Excluded
-
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMpmPAGG $ Excluded
I POLICY n ~Br n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
IWYAUTO (Ea accidenl)
-
ALL OWNED AlJTOS BODILY INJURY
- $
SCHEDULED AUTOS (Por person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accidenl)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABIUTY AUTO ONLY" EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA UA8R.ITY EACH OCCURRENCE . $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
==i DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION IIND ITOR'y"liMfrS I IO~
EMPLOYERS' UA8R.ITY
IWY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDI<D? E.l DISEASE. EA EMPLOYEE $
~m~~sboIow E.l DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*CANCELLATION: Thirty (30) Days Notice; Ten (10) Days for Non-Payment See
attached for Additional Insured's as respects the operations of the Named
Insured. See attached Additional Insured Endorsement CG 20 12(07-98)
.
Ci ty of San Bernardino
300 N. "0" Street
San Bernardino CA 92418
CANCELLATION
SANBERl SHOULD ANY OF THE ABOVE DESCRIBED PDUClES BE CANCELLED BEFORE THE EXPIRATION
DAlE THEREOF, THE ISSUING INSURER WIU I!NDEAVOR TO MAIL * 30 DAYS WNTTEN
NOTICE TO THE CERTlFlCAlE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHAUL
IMPOSE NO OBLIGATION OR L/AIIILITY OF IWY KIND UPON THE INSURER, ITS AGENTS OR
REPR
AUTHO
CERTIFICATE HOLDER
ACORD 25 (2001108)
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ADDITIONAL INSURED:
CITY OF SAN BEIUlAltDINO AND THE ECONOMIC DEVELOPMENT AGENCY, AND THEIR
RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS. COVERAGE
SHALL BE PRIMARY WITH RESPECT TO ALL ADDITIONAL INSUREDS.
.,."":!I"'/.Ir"~'c"">'~~=-"''''i\''"'''-'-'' . ~....., ~~
POLICY NUMBER: MGL0144488
COMMERCIAL GENERAL UABIUTY
CG 20 12 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Political Subdivision:
City of San Bernardino
300 N. '~" Street
San Bernardino ,CA 924l8.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Section II - Who Is An Insured is amended to
include as an insured any state or political subdivi-
sion shown in the Schedule, subject to the following
provisions:
1. This insurance applies only with respect to op-
erations performed by you or on your behalf for
which the state or political subdivision has issued
a permit.
2. This insurance does not apply to:
a. "Bodily injury," "property damage" or.
"personal and advertising injury" arising out
of operations performed for the state or mu-
nicipality; or
b. "Bodily injury" or "property damage" included
within the .products-completed operations
hazard" .
CG 20 12 07 98
Copyright, Insurance Services Office, Inc., 1997
Page 1 of 1
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CALIFORNIA ALL-PURPOSI! ACKNOWLIDGMINT
State of california}
ss
County of Orange
On A,^~l Z.ooS- , before me, Janice Wall, Notary Public, personally appeared
James R. atson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
.weE WAU.
~ CClmmIIlllllH.1SI6136
- NaIaly NllIc . CaIIDNI
0Ianglt CcQlIy
. MyCamm.__Au029.
Place Notary Seal Above
Optional
Though the inrormation 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 rorm to another document.
Description of Attached Document
Tit1e or Type of Document: Lc...bo(' o."b. ~\-.u",,,\ ~O(',t ~\~~S\gJ. tJ Ol.lP'5,OOO.OO
l\N\'lQ.(c;.A-~ ~IA.('L \(",,<--\ \l.5o'\- ~
J\u ~ 1A.c,\- 5" 2Do <: Numberofpagea
.
Document Dated:
\
Capacity{iea) Claimed by Siper
Sipera Name: :JfA {)''\(l ~ ~ _ ~((:\-50~
Individual
Corporate Oflicer'Title(s):
Partner - Limited General
Attorney in Fact
Trustee
--r Guardian or Conservator \
~ Other: I'r\tA.M"ll n'1 Mtfu'O.u ()
Siper is Representing: U r-. \ \ 1.D.1" \\-; rM k \ (....l..(.,
Other signers
~.uc"C\ r.
'S~LV.~h'\ - A-\\oH'i''''1-~-rCtt.t IN:>. to. o"-~ \.0Q.s~
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2005-299
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this S JJ.. day of
~, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and University Park. LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-5 (Unit 5 - Lots 91 through 105); 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
AgrecDlent with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - 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.
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2005-299
5. Repairs and . 'Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall gIve personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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2005-299
9. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvements and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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2005-299
11. Subdivider's InsUrance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Comoensation InsurancelEmDlover'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 Progertv Damage Insurance. Subdivider shall take out and
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2005-299
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($l,OOO,QOO.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) Prooertv 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
Par~graph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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2005-299
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail COVerage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined ~ a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
I
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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2005-299
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnitication. 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'sIlegal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or '
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
---
Subdivider or any of contractor/Subdiyider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
I
(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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2005-299
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 regatdless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'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 SubdividerIDeveloper's
performance hereunder.
14. Title to Imorovements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Reoair or Reconstruction of Defective Work. If, within a period of one year
after fmal 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,
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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 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 Engineerim! and Insoection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed -in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Surety or City. In the event of any such
,
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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2005-299
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall ....-
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
11
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2005-299
21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
II
II
12
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2005-299
AGREEMENT
(Subdivision Improvements)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~1 /.J.CLM
City erk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
SUBDIVIDER:
University Park, LLC
BY:~~~.J:~~
....-
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2005-299
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of
undersigned, a Notary Public in and for said Co
, 20_, bl::fore me, the
and State, personally appeared
personally know to me (or proved to on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on basis of satisfactory evidence) to be the
the corporation that executed the within instrument, and
know to me to be the pers who executed the within instrument on behalf of the corporation
therein named, and ac owledged to me that such corporation executed the same, pursuant to
its by-laws, or a re ution ofits Board of Directors.
WITNESS my- nd and official seal. Q..Cl \ &o<n\~ 0.. \ \ ~\A.{ eo~ At-\t(\uw ~rvIV\+-
O\.~d · ~
(This area for official seal.)
Notary Signature
14
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2005-299
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
Or C\ (', C\-"-
.
}..
State of California
On Tl..Ll... 2~1'2...00S- , beforeme::::r{).'C\\rp \k)r..\\ ~\\II'\--a.(~:LJ)~"hc...
, Date Name and Title of Otlicer (e.g., "Jane [)\)e, Notary Public")
personally appeared ""'3""Ct'(yltS K. \).:lu.\S()~
Name(s) of Signer(s)
~ersonallY known to me
D f)mvea te Me 5" th~ basi! ur .,al;.,ra",h.Jry
.e.v;n9Ase
ru.::=ru~l
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1_ ~N*.cena
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to be the person(J') whose name(;) is/$l9
subscribed to the within instrument and
acknowledged to me that he/$ke/tbey executed
the same in his/~/th)lir authorized
capacity(i~), and that by his/ber/tl,eir
signature~ on the instrument the person(,r), or
the entity upon behalf of which the person(p9
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
OPTI ~L
Though the information below is not required by law, it may Ie to parsons 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: .P<q:<'u.N\Dr..\- L-;'u\,)., 'V\&", n'f" :ri"f\~~ou~f'(V-"\.0
\ ("G\.c-~ I1I5C1'l- 5 LH'\.-r 5 -, 5 ~-\-'s
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Signer(s) Other Than Named Above: ~~ f. "..t..('\('I''\rA<,,\ e.\~\ A-~ \ e '.\-:\ r \t.l'L)
JlAl.,~ \)c...\\(..?\ \'l\tI.,\lH"- C\.~ ~"f\ ~H'\Glf&N>
Capacity(ies) Claimed by Signer
Signer's Name: ~'N'\.ll~ ~. \,\.),,~()"
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
a" Other: ('y\ fr(",lA ~ ' ~ ~ ~.A"'<\. 'h.U
Signer Is Representing: \A(\'\,\\'uC,,,\.-...,. ?l'>s\L. UL.-
\ .
RIGHT fHUMBPRINT
or SIGNE:f~
Top of thumb here
C 1999 National Notary Associ8I1on. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.OJg
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
-
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2005-299
I.C.W. GROUP
IZI INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707 .
www.ic:wgroup.com
Bond No. 2169563
Premium: $4200.00
Subdivision Bond
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the
West a corporation organized and existing under the laws of the State of California and authorized to transact surety
business in the State of California, as Surety, are held and fundy bound unto City of San Bernardino in the sum of Three
Hundred Fifty Thousand and No/lOO DOLLARS ($350,000.00) for the payment whereof, well and truly to be made, said
Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract dated TBD, 2005, with the City of San Bernardino to do and perform the following work, to wit: Subdivision
improvements for Street, Storm Drain, Sewer and On-Site Improvements for University Park Project, Tract 16509-5.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 5th day of August, 2005.
Principal:
UNIVERSITY PARK, LLC
-
Surety:
INSURANCE COMPANY O~'THE WEST
By:
CA.ICW 28 (7/00)
~"
2005-299
STATE OF Califomia } 55
COUNTY OF Los Angeles
On August 5. 2005 . before me. Cart C. Hossli, Notary Public
PERSONAUY APPEARED Teresa I. Jackson
.
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
.
within instrument and acknowledged to me that he/shelthey executed
the same in 1iislherhheir authorized capacity( ies). and that by hislherltheir
signature(s) on the instrument the person(s). or the entity upon behalf j~~~~:=~7~J
of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal. ~Notoy -- . Cdbria I
. Los Angeles County ,f
~. My Comm. EJcpIresJal 14. 2007
Signature ~t2 _ -e- c.-. (~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Subdivision PerfoDl8J;lCe Bond
TITLE OF TYPE OF DOCUMENT
TlTlE(5)
o PARTNER(S) o LIMITED
o GENERAL One
III ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: August 5. 2005
DATE OF DOCUMENT
.'--.
SIGNER IS REPRE;SENTING:
NAME OF PER5ON(5) OR ENTllY(IES)
IBSUJWICE COMPAft 01' DEVEST
URIVlt1lSI'lY PAB. LLC
SIGNERlS) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
'" ~
20059299
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
ss
County of Orange
On Au~ LA s.\- '11 ZOo S . before me, Janice Wall, Notary Public, personally appeared
James R. Watson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
fl. WALL
. Commlllllll\ t# lSl6116
NalalyNlllC . CallanD
0Iange CounIV
. MyCOmm;IIlI*IAug29.
Place Notary Seal Above
Optional
Though the information below ia not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of thia form to another document.
Description of Attached Document
Title or Type of Document: ~l~J nJ\ c.\ O~~l')1"\~ d \ In'" <"1.0'3 $ ~ So ,1'l(')0 00
S \1'b~\\,)\.(::)\O", '('(\.,?(CloVL ~\.(C;, ~r <..\--r Ll/,..\ . S+".......... 0'1""....., r<.,gWL<r rH\~
Ol\-s,,-\e... :r~~(\N<L~~ k u.{",)..e.(S\~ ~<Ao("- Pro ~-{.c,+ \ ""to("-t-~ 1ll>Sd't-$
Document Dated: (\ I A 1"'\' . .}r ~ I L.c>O ~ Number of pages ~
Capacity(iee) CJFmed by Signer
~
SiperaName: ,,\o.me~ t< W6..h~
Other signers
\e<..t Sc...
Individual
Corporate Officer"Title(s):
Partner - Limited General
Attorney in Fact
Trustee
_ Guardian or Conservator \ _ __
--1.L- Other: M,^-~~~ \'f'\le ~~
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2005-299
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-1707
www.lewlroup.eom
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 2169563
Premium is included in
the Performance Bond.
Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, 2005, and identified as project University Park, Tract 16509-5 is
hereby referred tb and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Seventy-Five Thousand and
no/l00 dollars ($ 175,000.00 ), 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 by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August,S, 2005.
Attest or Witness:
(Seal)
(Seal)
CA-ICW 47 (7/00)
-- . --'"~-' ""-'I~"" "
',"',,' ","'W""~,,"nT ,
2005-299
STATE OF California }~
COUNTY OF Los Angeles
On August 5. 2005 , before me, Carl C. HosslI, Notary Public
PERSONAILY APPEARED Teresa I. Jackson
,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that helshelthey executed
the same ilihislherltheir authorized capacity( ies), and that by his/herltheir '.- :::~~;~ - f
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument. Notary PublIc - Calfomla f
WITNESS my hand and official seal. i_Los Ange/es County f
My ~onm.:.ElCp/NlSJalI4. 2007
Signature t (1_ P_","l~
-
This area for Official Notarial Seal
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Labor & Material Payment Bond
TiTlE OF TYPE OF DOCUMENT
- TrTtE(S)
o PARTNER(S) o LIMITED One
o GENERAL
III ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: August 5. 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTiNG:
NAME OF PERSON(S) OR EN1ITY(IES)
Insurance Company of the West
UNIVERSITY PARK. LLC
. SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004142
ICW GROUP
Power of Attorney
Insurance Company of tbe West
Tbe Explorer Insunnce Company Independence Casually and Surely Company
KNOW ALL MEN BY TIlESE PRESEN1S: That Insurance Company of the West, a Corporation duly organized under the laws of the Stale ofCalifomia, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws oflbe State of Texas, (collectively referred to as the "Companies"), do hereby appoint
TERESA L JACKSON, CARL C. HOSSLI
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf or the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers Ibis I/)th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPWRER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons wbose names are subscribed to Ibe within instrument, and acknowledged to me that they executed Ibe same in lbeir authorized capacities, and that by
their signatores on the instrument, Ibe entity upon behalf of whicb the persons acted, executed the instrument. .
Witness my hand and official seal.
} 58.
18 -....0 Jt4..... fY".<f>3..1?341 ..sl
n' NOTARV PU8lJc.CAl.lI'ORNIA
· ~OIEGOCOlJN1Y.
CommISlllll1 ExpIreS
IS TEMBEFl20.2005 I
~~
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatores and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That Ibe President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertaltings, and other similar contracts of suretyship, and any related
documents. .
RESOLVEp FURTHER: That Ibe signatures of the officers making Ibe appointment, and the signatore of any officer certitying the validity
and current status of the appointment, may be facsimile representations of those signatores; and the signature and seal of any notary, and the
seal of the Company, may be filcsimile representations of those signatures and seals, and such filcsimile representations shalJ have the same
force and effect as if manually affixed. The filcsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying." .
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer lnaurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors oflbe Companies, and are now in full force.
INWITNESSWHEREOF,Ihavesetmyhandthis 5th dayof__A~~t 2005
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call1-800.s17 -Ill! ll-lQ ask Cot the S\d"Cty Division. Please refer to the Power of Attorney Number,
the above named individual(s) and detai1s oflbe bond to which the power i$Iltta<:~~~. fur wf.xmation or tiling claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. .
. ~~"'--'>'"
2005-299
CALIFORNIA AL....PURPOS. ACKNOWL.DGM.NT
State of California }
ss
County of Orange
On A I.A\; l1. 'Loo S' , before me, Janice Wall, Notary Public, personally appeared
James R. atson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Ja - -~~:~6~-t
, __..-.no .
~ _ _ ~~~~~~t
Place Notary Seal Above
Optional
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this furm to another document.
Description of Attached Document
Title or Type of Document: Lc.... \, 0(" 0. ~ 1; \(\0.. \- ..(..{ \. IX. \ ~ ()0. 2J- .2.. \ I., qS~ :,
\-0(' \>ro~~A \~l\\~<;".~ ~M'<. \ If'LH..\ \\.RSoli-~
\
\15)000.00
Document Dated:
9\\AC'I\A<;'\ :s 71':>05
\ \
Number of page.
Capacity(jea> Clfimed by Signer
Signer. Name: J 0.. ~ '""\< - \.I.,JQ\-SOl'l
Individual
Corporate Ofticer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator \ ~
../ Other: ('(\.~"""'i\""l ~'y)..u;()
Signer is Representing: L\.M\'l..DI~\~ ~ t\.("\... \...lL.
.
Other signers
~<~SC\ --c. -:)G\LV.<,~ fl..Wt.{(\.(>..... -T^-~'lC-,," I -::rns. ~h 0+ \1....e v.).R.';,t
\
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-..
2065-299
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-1045
P.O. BOX 115563, SAN DIEGO, CA 92186-5563
(858) 350-1400 FAX (858) 350-1707
WWW.lnmroUD.tOID
BOND NO. 1169565
PREMIUM S 100.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a final map for the development identified as: UNIVERSITY PARK, TRACT 16509-5
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and frrmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Four
Thousand Five Hundred and No/IOO Dollars ($4,500.00), 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, frrmly by these presents.
The conditions of this obligation is such that if the monuments are set on or before TBD, 2005 and
the engineer or surveyor setting the final monuments shall have been paid, then this obligation shan become
null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, ifany, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
~pecifications.
"'::"
IN WI'J1IlESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on August 5, 2005.
UNIVERSITY PARK, LLC
By James R. Watson, Managing Member
INSURANCE COMPANY OF THE WEST
or of Public Works
CA-JCW 30 (7/00)
'0'. '7"....~_..,...
2005-299
STATE OF Califomia } 58
COUNTY OF Los Angeles
On August 5, 2005 . before me, Carl C. Hossli, Notary Public
PERSONAUY APPEARED Teresa I. Jackson
,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) Ware subscribed to the
within uJtrument and acknowledged to me that he/she/they executed
the same in"'islherltheir authorized capacity( ies). and that by hislherltheir lj" ::~~-I
signature(s) on the instrument the person(s). or the entity upon behalf
of which the person(s) acted, executed the instrument.
I.. Notary PubIc . CaiIfomIa
WITNESS my hand and official seal. j Los Angeles CCU\ty f
~_/~ _ ~:a:II:~~I~~
Signature t" (l
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER Monument Bond
TITLE OF TYPE OF DOCUMENT
. TlTlE(S)
o PARTNER(S) o LIMITED One
o GENERAL
III ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: August 5, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTiNG:
NAME OF PERSON(S} OR EN1ITY(IES)
Insurance Company of the West University Park, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004142
ICW GROUP
Power of Attorney
lII.uRnce Company of Ihe West
The Explorer In,uRnce Comp8DY Independence Ca.ualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the Slate ofCalifomia, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
TERESA I. JACKSON, CARL C. HOSSLI
their true and lawful Allomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any relaled documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 200 I.
~
~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
UNDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannulll, Executive Vice President
State of California
County of San Dieg'1
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatores on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} ss.
Ifj -".. C O.~."'. .Y#.1~.2'34..'!
G. Nl)TAIIY Pl./8LJC.C"LlFOANIA S/!
., · ~OIl!~B"
U CommIUlOn"
I . S PTEMBER2Q. .. ,
~t>>-hb
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with filcsimile signatores aod seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, aod any related
documents. .
RESOLVE!;> FURTHER: That the signatores of the officers making the appointment, and the signatnre of any officer certifying the validity
and cunent starns of the appointment, may be filcsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be filesimile representations of those signatores and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The filcsimile representations referred to herein may be affixed by atamping, printing, typing, or
photocopying." .
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby eertify that the foregoing Power of Attorney is in full foree and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 5th__ day of August 2005
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call1~OO~77-llll and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individuates) and details of the bond to which \he power is attached For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
, "~'"T ~'~',,"""" , ,',,", '" "..""",,,,,,,,,"~,,,.,,,." ,.
2005-299
CALIFORNIA ALL-PURPOSI! ACKNOWLI!DGMI!NT
State of California }
ss
County of Orange
On ~'^~ 4. 1.00 ~ . before me, Janice Wall, Notary Public, personally appeared
James R. Watson, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Optional
Though the infurmation 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 furm to another document.
Description of Attached Document
Title or Type of Document: \'<\O"'-,^ 'l'C\.RA\. ~O"~ ,:,) \ \1lC,<:.\o'S'"
~ \.\ 'S DO On
,
U"'. -.a ~ /C. '\-.A ~ (At''L ~ r lA"~ \ \. ~ 01:\ - c:;
. \
Document Dated: ~,^~\A"~ S \ Loo< Numberofpa188 \
Capacity(iee) C!fimed by Siper
Sipere Name: -:::I C\~.... \:< - \.I.)C\\~
Individual
Corporate Oflicer-Tit1e(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator ~
v Other: ~V\l).."I't\.Ot ff\tJY>
Signer is Representing: IX./\.\ >JU"'~ \> rA ( ~ \ I..-LL
Other signers
\~.('('~lA ~ JGI('l-<.on
~ ~<\v\;~-t=...r* ::rf'l";> r... o-\- -(\v ~.'\
1 ..;)
~ +-._-
\)"'.tt.\1x- n+ ?'^-~\,c ~or\LS _ \JafuQ Ul\~~l'll,lf'l\
-.
...",nl" ..."^
.077 DATE (MMlDDIYYYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 smi
tJNIVE-S 06/10/05
;>ROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elkins Jones Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE
Inc HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR
12100 Wilshire Blvd., 1300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90025
Phone:310-207-9796 Fax:310-207-5337 INSURERS AFFORDING COVERAGE NAIC.
INSURED INSURER" Nt. Rawley In.urance co.p.ny
INSURER B:
~niversity Park, m. INSURER C.
33 S. Hope St.~ th Floor INSURER D.
Los Angeles CA 0 71 INSURER E:
COVERAGES
THE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEROO INDICATED. NOlWlTHSTANDING
NfY REQUIREMENT, TERM OR CONDITION OF NfY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOlICED BY PAID CLAIMS.
LTR NaRC TYPE OF INSuRANCE POLICY NUIIBER 'DATi illMlllDlY't'i DATElilMID~ UMlTS
GENERAL LIAIIIIdTY EACH OCCURRENCE S 1,000,000
-
A X X COMMERCIAIoIOENERAL LIABILITY MGL01444BB 06/12/05 06/12/06 PREMISEs (Ell .........' s 50.000
I CLAIMS MADE ~ OCCUR MED EXP (Any eN_I S 5,000
PERSONAL & NN INJURY s Excluded
-
- GENERAL AGGREGATE s2,000.000
-
GEN'L AGGREGATE LIMIT APPnS PER PRODUCTS. COMPIOP AGG sExcluded
-'l POLICY h ~8T LOC
AUTQII08ILE UABIUTY COMBINED SINGLE LIMIT
- S
/\;NY"UTO (E.~)
-
ALL OWNED AUTOS BODILY INJURY
- S
SCHEDULED AUTOS (Por pwson)
-
- HIRED AUTOS BOOIL Y INJURY
S
NON-OWNEDAUTOS (Por~)
-
- PROPERTY DAMAGE S
I . (Por__)
GARAGE LIAIIIUTY AUTO ONLY. EA ACCIDENT S
RArf'(AUTO OTHERTHA;N EA ACC S
AUTO ONLY: AGG S
EXCESS/UIIBRELLA UAIlIUTY EACH OCCURRENCE S
o OCCUR D CLAIMS MADE AGGREGATE S
S ..
R DEDUCTIBLE S
RETENTION S S
WORKERS COIIPENlATION AIlD IrO'iy"LUH'S I IUER
EMPLOYERS" UAIILJTY E.L. EACH ACCIDENT S
NfY PROPRIETORIPARTNERIEllECUTlVE
OFFICER/MEMBER EXCLIlD5D? E.L. DISEASE. EA EMPLOYEE S
Im'-- E.L. DISEASE - POLICY LIMIT S
S ECIAL PROII1SIONS_
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AOOED BY ENOORSEIIIHT I SPECIAL PROVISIONS
*CANCELLATION: Thirty (30) Days Notice; Ten (10) Days for Non-Payment See
attached for Additional Insured's as respects the operations of the Named
Insured. See attached Additional Insured Endorsement CG 20 12 (07-9B)
CERTIFICATE HOLDER
----
CANCELLATION
SANBERl SHOULD ANY 0' THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO IIAIL * 30 DAYS ~
NOTICE TO THE CERllFlCATE HOLDER NAIIEIl TO THE lEJ'T. BUT FAILURE TO DO so SHALL
"POSE NO OBUGATION OR UA8lI.ITY Of' NfY KIND UPON THE INSURER. ITS AGENTS OR
S.
PRESENTATIVE
Ci ty of San Bernardino
300 N. "D" Street
San Bernardino CA 9241B
ACORD 25 (2001108)
-
1f;;- "- '" ',,"'H'
2005-299
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l'l.~ "!;f1~;,10"yt. ' J>, ~ > .'.,"-' ~ r ~
~ ~ ,/ \ 11 t 7'-~ I' . . ""\ \.' , ,
.. ' "'."..-." ~ ," , .,' '1>~). ',( ~""," '. " .
:f , ':) , ~ ' ~ --, ';""::' ~ "'_ 'r;> ~ _ 1- '" ' J
ADDITIONAL INstnlBD:
CITY OF SAN BERNARDINO AND THE ECONOMIC DEVELOPMENT AGENCY, AND THEIR
RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS. COVERAGE
SHALL BE PRIMARY WITH RESPECT TO ALL ADDITIONAL INSUREDS.
"
-
--~
,_~" ""U,,_ ""
-- ,_,_~,.,,,,~,,,,,~.',,,,,_.""'-2<'''_'-~_,~_'-'-'-'
2005-299
POLICY NUMBER: MGL0144488
COMMERCIAL GENERAL LIABILITY
CG 20 12 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
"
SCHEDULE
State Or Political Subdivision:
"City of San Bernardino
300 N. '~" Street
San Bernardino ,CA924l8.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Section II - Who Is An Insured is amended to
include as an insurtld any state or political subdivi-
sion shown in the Schedule, subject to the following
provisions:
1. This insurance applies only with respect to op-
erations performed by you or on your behalf for
which the state or political subdivision has issued
a permit.
2. This insurance does not apply to:
a. "Bodily injury," "property damage" or"
"personal and advertising injury" arising out
of operations performed for the state or mu-
nicipality; or
b. "Bodily injury" or "property damage" included
within the "products-completed operations
hazard" .
CG 20 12 07 98
Copyright, Insurance Services Office, Inc., 1997
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