HomeMy WebLinkAbout2005-323
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
--
'=~"
"...""-~'"."'~'~' -p--,._--~- -"-~'-"~~-=-'"-~~,"-"'-
RE~OLUTION NO. 2005-323
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDMSION TRACT NO. 10260 LOCATED NORTH OF HILL DRIVE AND WEST
OF MAYFIELD AVENUE WITH ~ARDNER CONSTRUCTION & DEVEWPMENT,
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF JOHN C. HEERS, INC. FROM TERMS OF STANDARD FORM OF
AGREEMENT FOR SUBDMSION TRACT NO. 10260 AS APPROVED BY
RESOLUTION NO. 85-434, DATED OCTOBER 21, 1985.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Gardner Construction & Development, Inc., for improvements in Subdivision Tract No.
10260 as are required by Title 19 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is specified at 24 months. Said
improvements are specifically described and shown on Drawings approved and on file in the
office of Development Services of the City of San Bernardino.
SECTION 2. Standard Form of Agreement for Subdivision Tract No. 10260 as
approved by Resolution No. 85-434 dated October 21, 1985 with John C. Heers, Inc. is hereby
cancelled by mutual consent of the City and John C. Heers, Inc.
_nCT~'~ ~
2005-323
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~O"'~'",7,~'"_'~ '~"-~~~~__"
~ ',co__,,__,_.., ~",~,__",~~_~'_
"~"$,M!!!frl.:L't>.i~:-;__.F~~~<,"<. .~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 10260 LOCATED NORm OF HILL DRIVE AND WEST
OF MAYFIELD AVENUE WITH GARDNER CONSTRUCTION & DEVELOPMENT,
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF JOHN C. HEERS, INC. FROM TERMS OF STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 10260 AS APPROVED BY
RESOLUTION NO. 85-434, DATED OCTOBER 21, 1985.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
//1
III
~C"'l"r"''''~''''''C''"'''~CCCC'''''_~~~~''''- ,""'C""'C'~" " ..,WT.~'" ... '''''~T'r-'"~'''.''-~'''-''''''''.'' """~""~7~-""~~~'''''''''''''''''''B'B'''r~"r r ~r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 10260...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on
the 19thday of September, 2005, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
-
LONGVILLE x
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
~
The foregoing resolution is hereby approved this ').-1 d;
IJ.~
day of September ,
2005.
Esther Estrada, Mayor Pro Tem
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN.
City Attorney
-... "'.')!~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-ll
2005-323
AGREEMENT
(Subdivision Improvements)
~
THIS AGREEMENT is made and entered into as of this}{ day of
~, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Gardner Construction & Development Inc.,
hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract 10260; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
I
""",,""ir'";:;,"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
r" -, "" 1- pr "
"i'"'-~'''''''~''Tn~"~ ~" ""~~."
2005-323
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, heretQfore 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"l.. '1l1oN11/J, from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
2
1IIl"'!". 1fj=,;:''''
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ ,~ '" , ", "-, "^'l~ -~
~ T 1 I"'---"^""""=~'- ,_L_' -'--'~"=''''''',",''~~~ -
2005-323
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, ofthe City Engineer.
6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be perfonned 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 depQsits 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. Pennits: Comoliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary pennits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
3
~~-\F"""" :_"111 Tl"W~-'fr ""'""'"\"'""7~'r"\i"""-"" ""."." """r"""~'""~~'"T7~"""'"1XF~~7"""'"'c'"n." -" ",n ",
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'''''-''":''''_~':'''''_''''~l'",""r~_~
2005-323
9. Insoection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvementS.-and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
4
~illiffC"!"!'W,,-T'O"---,-:~;::
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ .,
~ ~
-~-
, "~
---
2005-323
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
carner.
(a) Worker's Compensation InsurancelEmplover's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liabilitv and Property Damage Insurance. Subdivider shall take out and
5
liI1e:'~.~., -''''if~~;T<'_~F''''~:'---''-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2005-323
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 Liabilitv Insurance. In an amount not less than One Million
Dollars ($I,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) Property Damage Insurance. In an amount notless than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
6
m - [' !1 ""","','T'" ", "''''''~T" '~~- "'T""--,,,>c",'r','
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2906,.323
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 Iniurv - Defined. As used herein, the term "personal injury"
shall be defined l!1i a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
7
. r~,.~;t~~'!:::'::?:::.7,T':c~::,,~,",--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,/'~"
I
2005-323
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/Subdiy:ider'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
8
~.. L,":~::::=~~:Y'~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, ~
"="'~m"" ",
2005-323
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'sIDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
9
i~U~"",.,ce",cx"m
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, .
~. ~"'''''''"F''''',''!i~F''F', -__". .,-.-'-.- -
2005-323
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.
19. Breach of Agreement: Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
10
"""'f
..,,-~~"tT,,:-r-T
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.--;'-0;;--.
2005-323
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:
Gardner Construction & Development Inc.
555 Cajon Street, Suite G, Redlands, CA 92373
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
.LAlSC-D T"J'sIl/..,+Jt.C SeK.II,c~5 Ir/c.
r
177"60 ;::1701. Src LlJD, It{v,^,c! cA ?261Y
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
11
- .~<v~,e;.,t;~!3~:;'~'~::~:'~?,'~-"~2,'~:~:::;j-,.,-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, .. . c..y"".w.~,.' .,
2005-323
benefit of each of the parties and their respective legal representatives, successors, heirs and
assIgns,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~;t;~
City erk
CITY~e;
By:. ......... .~
Esther Estrada, Mayor Pro Tern
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney,
J.tM.
Byr t--f-.~
12
T~'" .
"I
<'
....~o..~~,~ "~'"T'''''-''' . "., '",.
l
2005-323
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1~I)fi~Orfi~I)fiUil
-iW ~~m~UlO;25IO<fi Rl)fil)Jl
-I)JI
-)JI
~~~
State of California }
Countyof ;::;,~ ~;?A'rd'~ ss.
on~~ ~before me, ~ ~~".p#~~f~
Dale ~ _~ ~ and l1lle 01 ~ (e.g., "Jone Doe, #ii'l
personally appeared . It.r~ ~tI!fJC.~,... - ,
Namela' of ~.\
....
~ I'..rsonally known to me
J@- ~ ~,i~~~7:7- J
I NoIary I'ubIIc - CaIlfomIa I
j b~~~ -
_ _ _ ~ :~. ElIplret ~ ~ 2~71
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islara subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signatura(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place NoIaIy Seel Above
~ITN,=-SS~~fficial seal.
~.-- ~~~~
Slgneture of NoIaIy Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the docume
and could prevent fraudulent removal and reattachment of this form to another document.
Oeser of Attached Document
Title or Type 0 ent:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attomey in Fact
D Trustee
D Guardian or Conservator
D Other:
Individual
Corporate Officer'::"" e(s):
Partner - D Limited D
Attomey in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
ry AssocIelIon. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
hem No. 5907 Reonler: Cell Toll-Free 1-800-876-M27
If rr'-="'~"-- -
1
2
3
.{
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 1
~_m_ .. _ _ _.__
2005-323
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 )
) SSe
COUNTY OF )
On this day of , 2005, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
(This area for official seal.)
Notary Signature
13
~"~~<:~:":~:::~~:~~:'1";-'-"~'.--_C-":CJ -
."
",.
2005-323
l]'C=iJ~
Inseemleo
~QdJlP
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614 . (949) 263-3300
BOND NO. 725371S
$ 15,950.00
a term of TWO
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GARDNER CONSTRUCTION & DEVELOPMENT INC , as Principal,
and DEVELOPERS SURETY & INDEMNITY COMPANY ,a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State or California
as Surety, are held and firmly bound unto
CITY OF SAN BERNARDINO
as Obligee, in the sum of SEVEN HUNDRED TWENTY FIVE THOUSAND
($ 725,000.00 ) Dollars, for which paymcnt,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.10260 ,
.......-
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements. --
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN DIEGO
California, this 25TH
day of AUGUST
2005
YEAR
"PRINCIPAL" "SURETY"
DEVELOPMENT INC DEVELOPERS SURETY & INDEMNITY COMPANY
BYr~ -~~~((Y\().,'y\J
S. SMITH-BOWMAN Attorney-in-Fact
10-1266 (eA) (REV. 1101)
~ "~~:,~J~"" -<If'dn>,,,'
~
2005-323
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
'i<'.('j(>.('j(>~.('j(>-C<'AX'R.<'~.<W~..c<'",,.,..~,ij',ij'~.c<:-~.c<'~,ij'..c<'AX'~,,-~~.('j(>.G<'~~""",C('.('j('AX'.c<'.('j('AX',ij'.('j('-<X',Q;
State of Califomia
~ ~ _/ ss.
County of .pf /~~~~
Oalo /~ ~ Nama~""" 0IIic8< (e.g.. Jane Doe.
personally appeared ;&- ~~A .. - ,
Nama(s) 01 Slgnef(s)
<
-
J - - - - :~;~3~7:7- t
l@ Notary PublIc . CalIlomIa S
San IemCIrdlIIO county -
i _ _ _ ~:~:~~2.:.2~71
~rsonallY known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sul)s.oribed
to the within instrument and acknowledged to me that
he/shelthey executed the same in hislher/their
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
~;;rjZ:a::
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law, it m~y prove valuable to persons relying on the docume
and could prevent fraudulent removal and reattachment of this form to another document.
lion of Attached Document
f Document:
Document Date:
Capaclty(les) Claimed by Signer(s}
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
.,.., ~~~,:<~,,~~'IR~igX-""'!XiQ<;~v~~,~<;,g<.~'~(;g~;g;.~~~--,~~~~~~;,,.,{
C 2004 National Notary Association' 9350 De SolO Ave.. P.O. Box 2402 . Chat.worth, CA 91313-2402 110m No. 5907 Reonler: Call ToIl.Free 1-1100-876-6827
~
Tf'''t"-'<'' "C"r""<'"
, '<~' <'-l~-- Tn,
.., -'~'--'-~<"'l~'-<C'<' , ' 't "
c.p
, '"'
2005-323
STATE OF CALIFORNIA }
55.
COUNTY OF SAN DIEGO
roO, J";,
011 ,\ - t; E;- , he/i}/'(' 11/e, D. KOHL
..
PERSONALL}' APPEARED S. SMITH-BOWMAN
persollally kllOWII to /lie (orprOl'ed to /lie Oil the basis (~fsati,\fclctory
e\'idellce) to be the persoll(Y) whose lUl/llelf) is/aft subscribed to the
withill illstmmellt alld ackllowledged to me that i}e/she/th~ executed ~ D~
the sa/lle ill 1}i1;/her/thplr authorized capacity( i(llf), alld that by hj6'/her/thllfr Commission" 1411616
sigllat/lrei"d') 011 the illstrumellt the persoll(;), or the elltity UpO/l belwif Nolatv PutllIc . CaIIalflIa- .
of lI'hich the pe/"Soll(.;') acted, executed the instru/llellt, san DIegO~
..,c.a.....l...
WITNESS /IIY halld alld official seal.
Sigllature
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, " ..-
'--'-
.. ...,.-/
C~ACITY CLAIMED BY SIGNER DESCRIPTION OF ATT~HEb DOCUMENT
',- ./
./
./
o INDIVIDUAl"--,-__ //
....","'''
o CORPORATE OFFctl'k /./
/ ./
~....~.. . . / - TITLE OF TYPE OF DOCUMENT
"
T1TLE(S) "'-,,- /
-'
, /
"- ,
o PARTNER(S) o LIMITED '-.."" /
"
o GENERAL . ,
".....,
o ATTORNEY-iN-FACT " NUMBER OF PAGES
,
o TRUSTEE(S} "
, " -"
o GUARDIAN/CONSERVATOR " ..,,-....
'-,
" ~."'"
o OTHER: , ,
-.....,
~......" , DATE OF DOCUMENT
~,
" ",
"
,
" ",
SIGNER IS R5PfiESENTING: , "
NAME OF P~~N(S) OR ENTlTY(IES) " 0
"
"
,
".
SiGNER(S} OTHER THAN NAMED ABOvE
10-1232 (REV, 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
'.~._.,
"p:;;;W;'I';l'?r~'.'-"~",-'- ;--f---'
,.. .__......~.=
,~~,_..
2005-323
'D'~
InseemlCO
~[P
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200. Irvine. California 92614' (949) 263-l?8'}m NO. 7253715
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GARDNER CONSTRUCTION & DEVELOPMENT INC , as Principal,
and DEVI:LU...I:KS SUKI: I Y & INLJI:MNII Y {;UM...ANY ,a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
CITY OF SAN BERNARDINO
as Obligee, in the sum of THREE HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED
($ ;Jo2,oUU.UU ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF SAN BERNARDINO
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 10260
by the Government Code of California.
, as required
NOW THEREFORE, the condition of this obligation is such, that i[the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
SAN DIEGO
California, this
25TH
day of
AUGUST
2005
YEAR
"PRINCIPAL"
"SURETY"
DEVELOPERS SURETY & INDEMNITY COMPANY
BY~~~ '~:~~~Y\.)
. M TH-BO MA Attorney-in-Fact
10-1265 (CA)(REV. 1101)
,~._~, ""
2005-323
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1'<'..c<'~.c<'.<X".c<'.c<'.c<'~.c<'.c<'='&~.E<'.E<'.c<'.c<'R.'<"='i<W.c<',('j(V~~,('j(V~.a<>.c<'..flC.E<'.E<'i<W.b('.G<"R.'<".c<'.e<'&.<X".c<'&.<X.b('~
State of California }
countyof>~~~/?~'<;;c::.o ss.
on~~~~ me, i1:~~~~~,
Dato r... --6 ......::;, ~ Officer (0.9" "Jane Doe. N<la )
personally appeared IC-',c- ~~ ~ ,
Nomo(.) of Slgnor(.)
J"'-~------~--
. M. SlCEENS
_@ CornrnIIIIon # '1397747 J
. Notary PubIlc " CalIIomIa f
San lemarclino CCUlIy
My Comrn. Expires feR) 2, 2007
~nallY known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are suQsoribEld
to the within instrument and acknowledged to me that
he/shelthey executed the same in hislher/their
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s). or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Plac. Notary Soal Abova
~IT~and and ~fficial seal.
.~~
Signalure of Notary Public
OPTIONAL
Though the information below is not required by law, it t7l!Jy prove valuable to persons relying on the documen
and could prevent fraudulent removal and reattachment of this form to another document.
Document Date:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservat
o Other:
Signer Is Representing:
~,%'Q<.,~~~~"~X;Q(.'Q<.,~~'Q::~'Q<.,~'OC~'9<-'Q<.,'Q<;,~~g.~'~<';Q,~~'~.;,~~~""",,~~~~~'~X.'~~<;.'Q(
C 2004 National Nctary Association" 9350 Do Scto Avo" P.O. Box 2402' Chotsworth, CA 91313-2402 Itom No. 5907 Reorder. Ca" Toll-Free 1-1300-876-6827
<''''''P'''''~''='' ," 'T''''TI''0'''''' -'''~-''
.
,,,-
2005-323
COUNTY OF
SAN DIEGO
} Ss
STATE OF
CALIFORNIA
On
",\ "',:) - ()
, hefine 1111',
D. KOHL
PERSONALLY APPEARED
S. SMITH-BOWMAN
personally knOlI'/l to lIIe (or proved to me on the basis of.wti~factoIT
e\'idence) to be the person(i'] whose name(;rJ i~jafi subscribed to the
within instrulllent and acknowledged to me that i)elshelthpf executed
the sallie in 1~/he';thpi1' authorized capacity( i~, and that by l!jI(Iherlthllfr
.\'ignatllreJG) on the instrumellf the person(;rJ, or the entity "I'on behalf
(~f which the l'er.\'on(1I1 acted, execl/ted the instrument.
fa D.KOHl
Commission" 1411616
Notaly PublIc . caIfcna- .
san DlIgO~ -
..,CclINIt.......I6.
WITNESS 111Y hand and official seal.
SigllCltl/re
i) ~<:". <j~
..~- I~- (,.. ;'
This area for Official Notarial Seal
OPTtONAL
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. // ..-
/'
DESCRIPTION OF ATT~' DOCUMENT
/'<
/'
/",/
/
/'
/"
// .-'~ITLE OF TYPE OF DOCUMENT
.
CAPACITY CLAIMED BY SIGNER
~,
o INDIVIDUA~"-''''
o CORPORATE OFFIC~
.~
T1TLE(S) '",
',",
o LIMITED ".
o GENERAL '.
,/,..-/'
-
"
o PARTNER(S)
-.
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
'"
.~,
"
".
'..."..........
,......~
.
"'-"~,,.
DATE OF DOCUMENT
",
.........~~
'"
SIGNER IS REPRESENTING:
NAME OF PEflS{iN(S) OR ENTITY(IES)
"
'.
"
-."~~
."
"
SIGNER S OTHER THAN NAMED ABO\lE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
-
'''' ~l:,-",=- l=""~c'~'''--nruv;;;;rYI. Il"
~
2005-323
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO flO\ 1'>7~5. IRVINE. CA <)~6~) ('14')} ~6)-).11l0
KNOW ALL MEN flY TIIESE PRESENTS. thai except 'IS expressly limiled. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do eaeh. hereby make. eonstitute and appoint:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
as their trlle ~1H.11~l\\ rlll Altorney(s)-il1-F~ct. hlmake.:. C'xe.:cuIC, dcli\'t:,r and aCKnowledge. for ilnd on hdwlf of :"iaid corpor~tilll1s. ~s surdics. bonds, undertakings
illlt! contrm:ts of :"illl"l..'ly'ship giving <IIltl granting unto said Alhlfnl'y{sHn-F..ll'1 full pO\\'l.:r and i.lutllllrity to dOillld III pc.:rfofln c"cry <lct ncccssary. requisite.: or proller
10 he.: don..: in COIlIlI..'clioll 1he.:re.:with as c.:ach of silid corporations could do. hut re.:sl..'rving to l'ach of said corporations full p(}\v..:r of suhstillltion <lnd rl..'voclltion. ;'111<.1
:.11101' till..' ill..'ts of silid Artorney(s)-in-Fact. pursuant to Ihe.:se pn:scnts. an: h..:rl..'hy ratiti..:d ilnd confirmed.
This Power of Attorney is granted and is sjgll~d hy t~lcsil1lile LInder ;'lnd by authority of the following resolu1ions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. enective as of November 1. ~()O():
RESOLVED. that the Chairman ofth..: Roard.the Pr..:sid..:nl i1nd any Vice Prcsident orthe I:orporation he. and that cill:h of them herehy is. I~uthorizcd to
exct:lIle Pm....ers of Attorney. qualifying the :'lttorney(slnilmed in the Power:>' of AthmR'Y tu eXcclItl'. 011 hdlalf of the corporations. oonds. UndCrlf.lk1ngs ami contnu:ts
of suretyship: and lha11he Secretary or any Assislan1 Secretary of the corporntions he. and e~leh of th~m her~hy is. nuthorizcd to attest the execution of nny stich
Power of Attorne.:y:
RESOLVED. FURTIIER. th:.ll the signatmes of Stldl ort1n'r:>, may he afll"..:d to any slldl PO\h'r of Attorney or 10 ,lilY ccrtiticatc n:l;.lIing thl.'rcto hy
f~lcsimilc. and any sllch Power of Attorney m cl..'rtitkate hearing sllch 1;lcsimilc signaturl..'s shill! he \:llid and hinding tlllonlhe corpon.ltion when so atlhcd and in
the future with n:spel:1 10 any hondo undertilking or eontnu.:t of suretyship to which it is allachcd.
IN WITNESS WH1:REOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally eaused
these pr~sents tp be signed hy their respective Executive Vice President nnd attest~d hy their respective S~cretary this I st day of October. :!nOJ.
'A};;Z
Crowell. Secretary ~
......~-
"nlllln""
",,~'''t A.N D ;"","
........'a..~"\ ..............;to~"'..
..~"<,,.' .OR '. '".......
!,;;'.....oq.. 4J'....;~.;
s",l v It' ..-:.~;'
:0<' OCT. : "" ,
~~i 10 l",i
-~o\ 1936 f01
'~" ...~:
\'1;.....IOW..........,l> l
....",0............ 'to+-..........
""",'""!"'.'"",,,....
l3y:
By:
Waiter..\.
STATE OF CALIFORNIA
)
}SS.
)
COUNTY OF ORANGE
On October 1.2003. before me. Diane J. Kaw.ata. personally appeared David H. Rhodes and Walter A. Crowell. personaHy-known to me (01' proved to
mc on thc hasis ofs<ltisnlctory evidence) to be the persons whose mlllleS <Ire suhscrihed tu thc wilhill instrument ;,md f.tcknowlc\1gcd to me thnt they executed the
Sill1lC in their iluthorizcd Cilp~ICitics. iIIu.llhl.lt by their signatures 011 the instrumcnt the entify uJlun heh<llf of which the persons :'lcted. executed the inslrument.
S:~';I;::-
r~ DIANEJ. KAWATA I
Q. ":.:'. '. COMM. It 1334746 ~
~ 4'>::: Nolary Public . California ~
:: il4-- ORANGE COUNTY ~
, My Comm. Expires JAN. 8. 2006 t
Signature
CERTIFICATE
The undersigncd. 'IS Senior Vice-Prexiden!. Underwriling ot'DEVELOPERS SURETY AND INDEMNITY COMPANY "nd INDEMNITY COMPANY
OF CALIFORNIA. does hereby certify that the flll'egoing Power of Altorney remains in full force and hus not been revoked. and furthermore. that Ihe provisions
of the resolutions of the resjlective Boards of DireclollS of said corporations set forth in the Pf"\'~r of Attorney. are in toree as of Ihe date of 1his Certificate.
This Certilicate is execuled in the Cily (If Irvine. Calit"l'llia. the 25TH day at'
AUGUST
2005
ID-IJxn (R~v. IO/().1)
-"'W-"d" "~
'/'/",'n~p".ft.c.~',
2005-323
'i:i'~.
InscllJll:D
~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,.and'"
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$IOO billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide cov~rage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law. "
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 FItch, Suite 200
Irvine, CA 92814
(949) 263 3300
www.lnscoDlco.com
1D-1498 (Rev. 5/03)
cy_~~e..'!'~c_"""'~'<;~~"'-~"'lfT-'~-"'~"'lli "'I~'f~'
-~~~"'l;1~"~t;--. -
2005-323
'U'1i;]~
InSCCiJlcc
@j~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Suite 200' Irvine, California 92614' (949) 263-3300
MAINTENANCE BOND
BOND NO.: 725371S
Premium included in Perfonnance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, GARDNER CONSTRUCTION
and DEVELOPERS SURETY & INDEMNITY COMPANY
and by virtue of the laws of the State of IOWA
business in the State of California, as Surety, are held and finnly bound unto
& DEVELOPMENT INC , as Principal.
, a corporation organized and doing business under
and duly licensed to conduct surety
CITY OF SAN BERNARDINO
as Obligee, in the sum of ONE HUNDRED EIGHTY ONE THOUSAND TWO HUNDRED FIFTY
($ 181,250.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally finnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
TRACT 10260
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for a\1loss that Obligee may_sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this 25TH
day of AUGUST
2005
YEAR
DEVELOPERS SURETY & INDEMNITY COMPANY
Principal
~]~\ j
B - ~ :J~'W\Qln. ---
S. SMITH-BOWMAN Allomoy-in-Foct
10-1201 (CA) (One Year Term) (REV. 3101)
'-'-'[/<r"'~~'v'~- ~,---~"
--
,-,,"
-.
,.n. - _n.
_."" 0'""" . ,.____"~~ ,."
2005-323
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
;(,'.0(,>-C<'iO('~e<'.(j<';C;"'iO('~"'j('.c<'.c<'.w.c<:',C<'-C<'.<x&'Q.~-C<'iO('.C('.C('~iO('~.c<'.0<'.c<'.c<'.c<'R.<'.c<''''''''-<X'.C<'..c;(';C<'-b<'--b(>''''''',c(',C{-.c<'-<'X
State of California
countyo~~ .&.i""~~;c.o
On .4,~ ~ ~ before me,
.r~lo ,.A_b
personally appeared I'(.-r ~
.
J------------J
~ M. SICHNS
_ ' COIMIlIIlon # 'IS977.7
NokIry NlIIc . CaIIomIa I
I___~~~~
~nallY known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sub,scribEid
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
'(ITN:;;..?nd and official seal.
.~~~
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law, it my prove valuable to persons relying on the document
and could prevent freudulent removal and reattachment of this form to another document.
Description ched Document
Title or Type of Docume
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conse
o Other:
Signer's e:
o Individual
o Corporate Officer Title(s):
o Partner - 0 Limited
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
HIl,HI lfl\lrlhPfWr
l'f I{,t.!f
Signer Is Representing:
x..~'G<;.-g;,@<?9('<;:;<:;'G{;'Q'>~X'@<;'~~'Q<,;";;;<"''%'Q<..-,%'G<;.'Q<..-~'Q<;'G(.,%'~,,%,%~~~~'~~~~~~~'~x,~;:y;
C 2004 Netionel Notary Associetion . 9350 De Soto Ave., P.O, Box 2402 . Chetsworth. CA 91313-2402 hem No, 5907 Reorder: Call Toll-Free 1-800-876-6827
'"~.~ -"~iifii
w
-T
~-.'
2005-323
STATE OF CALIFORNIA }
SS.
COUNTY OF SAN DIEGO
\;' . ) ~ ,
011 .- -:) c, .. , hef{>re me, D. KOHL
PERSONALLY APPEARED S. SMITH-BOWMAN
I'et'sollally kllO\l'/I to me (or proved to me Oil the basis of satiijllctory
evidellce) to be the pet'So/l(?} whose IUlme(,.r') isla,I'f! subscribed to the - -
withill illstrumellt alld ackllowledged to me that ~/she/th9'f e,\'ecuted - ~
the some ill ljiflhe1lthpi1' authorized copacity( i~, alld that by hj6he1lthflf'r . fI ...
Commission' 1411616
sigllalllre,YS) Oil the illstrumellt the personlf}, or the entity UpOIl behalf NotaIy PubIc.. CaIklIQ8- .
of' which the person(" acted, executed the illstrume/lt. San DIego~
MrCcllMt.....,.......
WITNESS my halld alld official seal.
I
Sigllature D f-~"l;--;(j/)
This areafor Official Notarial Seal
OPTteNAL
,-
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. " /'
,/
......-"
. DESCRIPTION OF ATT~""DOCUMENT
CAPACITY CLAIMED BY SIGNER
"-
'. ,/
"-- -, "/..."..,,,
D INDIVIDUAL " "'---- ./
//
D CORPORATE OFFICi:fl.-, ,/
.................... /~ TITLE OF TYPE OF DOCUMENT
TITLE(S) " ,'/'
"- ,
'. ,
D PARTNER(S) D LIMITED '-,,-- / "
" .' .
D GENERAL '"
........... .
D ATTORNEY-iN-FACT X.'- NUMBER OF PAGES
D TRUSTEE(S) /' ...
/ ~,~.
,..~ .
D GUARDIAN/CONSERVATOR '. ,
'",
D OTHER: ~,
-,
.' "
>.... DATE OF DOCUMENT
"
. ,
-
-
. "
SIGNER IS R~j?,RESENTING: , "'-..
-. "-
NAME OF ~~~dN(S) OR ENTITY(IES) -.
. "
" -
-
'.
SIGNER(SI OTHER THAN NAMED ~BOvE
ID.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
,
liT
~-~
..'--',--'
c_~'"c=~'~
2005-323
POWER OF ATTOI{NEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1972~.IR\'INE. C\ <)26c,1 19~<)) c63-,1300
KNOW ALL MEN BY TIIESE PRESENTS. that ,'x"pt as ",pr,ssly limit,d. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. herell\ make. ""nstllllte and nppoint:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
as thcirtruc antllawrul Atlorneyls)-in-Facl. to make. e\t:ctlte. deli\"er and ,H.:knll\d~dgt\ for and on bdwlf ~,r said corpOr<1ti(lIlS. os sureties. bonds. undertnkings
~lIld nultracts of sun:tyship giving and granting unto said Attlll"lh...y(s)-in-Fm':l full pllwL'r and authority ttl litl and III perform ~\'l..ry act necessary. n:quisitc or proper
h1 be done ill connection Ihcn:with as c;'h:h llf said COrpOl'iltiollS l:uuld do. hut n.:scn-ing to each of said (orporatiolls full power of substitution <llld rC\'llclltion. and
..III of tile ads ofs..lid Allorlley(s)-in-Fact. pursll,lIlt hlthcsc presents, arc herehy ratitied and contirl11~..'d.
This Power of Attorney is granted anu is signed hy I~H;sil11ile ulllkr and hy tlllthority of the following: resolulions ndopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY OF CALIFORNIA. eff",tive as of Novel11b"r L cOOIl:
RESOLVED, that the Chairman oftl1\.' Board. the President lllUI any ViL'I..' President of the corporation he. and that each ofthelll hereby is. illJthorizcd to
L'xccute Powers of Ath1rllcy. qualifying the attomeyfs) Ili.ullcd in the Powcrs ()f Attorney to exccutc. on hehalf of the corponltions, honds. lIIulcTtl.lk1ng~ ,;nd cOl1tmcts
of suretyship: nlld thaI the Secretary or allY Assistant Secrctmy of the corporations he, iJnd each of them hereby is. allthori7.ed to attest the execution of any SUdl
PO\\.:er of Attorney;
RESOLVED. FLJRTIIER. that thl.: signilhll'l.:s of slIdl oflkcrs may hc i.Itlixl..'d 10 ;lI1Y such Powcr of Allorncy or In any ccrtificate relating thcreto hy
t:lcsimilc. and any such Power of Attorncy or L'crtitki.llc hearing such facsimile signaturcs shall hc v,llit.! and hinding lIpon till.' corporation when so ntlhed ilnd in
the t1.lIt1re with n:spel.:l to ;.lI1y lwnd. undertaking or contl'tH.:l of surL.tyship to which it is altachcd.
IN WITNESS WHEREOI'. DEVELOPERS SURETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY 01' CALlI'ORNIA hav" s"..rnlly ealls"d
tht:~t: presents tn ht.' sign~d hy their respective Executive Vice Presidt:nt ;lI1d attested hy their rcspcctivt: Secrdnry this I st day of October. 1003.
C-~)~
By:
",D'''''' '1:];~
Walt"r A. Crowell. Seerewy
........-
""""U",,,
..",,""( AND """'"
....~'<,1...............:"b<':....
l~"",'o~~OR4;::",,'" '\
:C/J:" (.J ~ .~.'~;.
: ad OCT. ; ..,q
a ~ i 10 in E
- '0; 1936 :0:
\~"" /~i
':., '?.,>..... lOW" ..... ..'1>..'
.......... () .............. ...."......
......""r",l~n""",..,..
STATE OF CALIFORNIA
)
)SS.
)
COUNTY 01' ORANGE
On Octoher I. 1003. ~tore me. Diane.l. KiJwntn. persom,lIy rtflfleared David H. Rhodes and Walter A. Crowell. flersonaUy known to me (or proved to
me on the h:'lsis ofsi.ltisfuctory evidence) to he the pcrso;,s whose names ,Ire suhscrihed to the within instnlmcnt nod ackn(lwlc~gcd to me that they e"ecuted the
same in their mllhorizcd capacitics. and that hy their signatures on thc instrumcnt the entity upon hchf.llf of which the persons tlctcd. e"ecutcd the instrument.
~::~'~-
r~ DIANE J_ KAWATA ~
g_', '::"'- :, COMM." 13347~6. ::
~"~ Notary Public . California ~
;: .-- ORANGE COUNTY :::
f My Comm. Ellpires JAN. 8. 2006 t
Signature
CERTIFICATE
The under,igned. as Senior Vi,e-Pre,ident. Undenvriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
01' CALIFORNIA. do", h"r"by certify thnt the tl"-"going Power of AlIomey remnin, in filII fOT<:" ;/I1d hn.; not be"n revoked. and furthermore. thnlthe provi,ions
of the resol\ltioll~ of the respective Boards of Directors of said corporations set ti.,rth in the Jlo\\':;r ofAttoI1,ey. nre in force as of the drlte of this Certificate,
This Certilicate i, executed in the Cily of Irvine. Calill,min. the 25T~ day of
AUG~ST
2005
1D-I3XIl (Rev. 101(3)
-...._." - '0... '
. ., .
,..,~ ,.~" ." ...."..,,_.. -
2005-323
'iJ"~
Inscli!JlCD
~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, .and' ."
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $ 100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide covj(r:~ge for any losses that are otherwise excluded
by the terms of the bond, or by operation oflaw.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
1 n80 Fitch, Suite 200
Irvine, CA 92814
(949) 263 3300
www.lnscoDlco.com
10.1498 (Rev. 5/03)
..
"_ _-.,__'_ _~-:':--1>2 _ _ _ /rr":-"T"fiKf~f"--"~-""'T>::~'v:~-:_:'-:j;~::":'~"1"~'-"--"'~'E~~,,,",,,'" "
2005-323
'V'C=D@l
InScliJlI::C
~11D~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200' Irvine, California 92614' (949) 263-3300
MAINTENANCE BOND
GRADING
BOND NO.: 725383S
PR&~IUM: $970.00 '/1 YR TERM
KNOW ALL MEN BY THESE PRESENTS:
THAT we, GARDNER CONSTRUCTION & DEVELOPMENT INC
and DEVELOPERS SURETY AND INDEMNITY COMPANY
and by virtue of the laws of the State of IOWA
business in the State of California, as Surety, are held and firmly bound unto
, as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
CITY OF SAN BERNARDINO
as Obligee, in the sum of FORTY FOUR THOUSAND ONE HUNDRED
($ 44,100.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an ag~~~ll1ent or agreements with said Obligee to:
GRADING MAINTENANCE
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from arid after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this
1ST
day of SEPTEMBER
2005
YEAR
DEVELOPERS SURETY AND INDEMNITY COMPANY
Principal
BV'~'~')'Vl})-';~~ ~il}\~)'v
"'-~ITH-BOWMAN-- Attomey-in-Fact
10-1201 (CA) (Ono YoarTerm)(REV. 3/01)
"" ""'TI"""'" .~' ,n_
""~ "'''~'P,'~'''''-
2005-323
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,~~,C(:-,C(:-,C(:-,C(:-,C(:-vC<,'.C<''c(:-d',C(:-,C(:-.c<>,C(:-,C(:-.c<>;I:Jf'fiX'.<W,C(:-,C(:-,C(:-,C(:-~__,C(:-,C(:-~J'i(:'L''C~'c(:-.c<'.c<-.,(X'A;o<':4f'.c<'.c<-.c<'.<;;",''X'.o;:
State of California }
countyo~~.,...fi~'~h"""" ss.
D. ~ ~.r..z,5, before me, ~f6L'e ,
Dille ond l1lIe 01 r (e.g.. "Jane, Public")
personally appeared ff/ ~ ,,- -- -:
Namo{I) 01 Slgner(I)
-
~ally known to me
~--~~--------J
@ M. SKEENS
CClIMlIIIIon # 13977.7
- Notary P\bIk: . CaUfomla i
San lemardlno County -
MyComm. ExpIres Feb 2.2007
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare su~
to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Document Date:
Place Notary Seal Above
SIgnature of Notary Public
OPTIONAL
Though the information below is not required by taw. it may prove valuable to persons relying on the docume
and could prevent fraudulent removal and reattachment of this form to another document.
Oescrl n of Attached Document
Title or Type ument:
Capaclty(les) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey in Fact
o Trustee
o Guardian or Conservator
o Other:
HI(.flT p' 1'~lH)!,HJl
()f ('.f h
Top of thumb here
Signer Is Representing:
/
&~~~WW~~~~~~~,%~'G(,'G<>G<>~~~~'%~'<X.~~~,
C 2004 Nationa~ry Association . 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
/
Itam No. 5907
-..,. . .
",'0
'"'-F",:, --'~_-t.",'t:"'r>''''~::''C~if'';~, ,--,,"'"
2005-323
STATE OF CALIFORNIA } 55
COUNTY OF SAN DIEGO
'-./'. - ;' -.. .....-
011 L ? , hefim! me, D. KOHL
PERSONALLY APPEARED S. SMITH-BOWMAN
persollally kll(}\1'/I to me (or proved to me Oil the hasis ofmtisfilctOl)'
evidellce) to he the perS(}/I(~J whose name(;r} i,l/a,)'t' mhscribed to the
within illstrumelll and ackllowledged to me that lje/shelthP'f executed - -
_ D~
the same in lJiflherlthplr authorized capacity( i~), alld that by l1jt(/herlthflfr Commission" 1411616
sigllalllre{,&) 011 the instrumellt the person(~, or the emity UpOIl behait' NotarV PublIc: . CaIIfaIIlIa. 0 .
"t' which the person(r) acted, executed the instrument. , San DIego eoune,
MrColMl......l...
WITNESS my hand alld official seal.
0
j) ~. A P
,.A;'CJ' ..-
Sigllature 0/ f . <..~ \.... 00
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. ~-
..../
-. //'
/'
CA~CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
"- //
".
o INDIVIDUAL"'~ ,/'o"
,/ ..-
o CORPORATE OFFIC . //
"- / TITLE OF TYPE OF DOCUMENT
'-, ..-
TlTLE(S) , ,/
",,- .'
"- .'
o PARTNER(S) o LIMITED '.... ,
o GENERAL .
o ATTORNEY.iN.FACT . NUMBER OF PAGES
"
o TRUSTEE(S} ,
'. ",
o GUARDIAN/CONSERVATOR "
""',.
o OTHER: . .. -.......,.,.
"
-'/ , "
". DATE OF DOCUMENT
"
"
.'''.,'''' "
0
, "
SIGNER IS REJ?RESENTING: .
" " 0
NAME OF PEFlSON(S) OR ENTITY(IES) ..
/ " 0,
",
"
SIGNER(S} OTHER THAN NAMED ABOv,f:
ID.1232 (REV. 5/01)
AL~PURPOSEACKNOWLEDGEMENT
.=..,,,,,,,,,,,,,~-~.,.
-, ~,
,-
2005-323
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1<)7~), IRVINE, CA t)~il~.1 (<).1<)) ~il.1-.1,1()()
KNOW ALL ~IEN BY TIIESE PRESENTS, Ih"l e,eept 'IS expres.sly limiled, DEVELOPERS SURETY AND INDEMNITY COMPANY ,,"d INDEMNITY
COMPANY OF CALIFORNIA. do each. herehy make, collsliluk alld appoilll:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
as their true Dill! lawful ,-\ltorney( s}-in-hH':t. 10 milke. CXl'\.'ule. deli\'t.'1' and i.lckl111\\'lt:dge. for and 011 bt..'halr of said corporations. <1S sureties. bonds. 1Il1d~rtakings
and COlllnll'ls of sun:lyship giving ,IIH.I granting unto said r\lhll'IlI.:Y(s l.in-F:KI full power and iluthority to do and to pcrt<}fIn I..:\'cry act necessary. requisite or proper
to l'tc dOlll..' in COl1lll..'I,:lIol1 t1h.:rcwith as cillo:h of said l:OrpOrilliolls could do. hut rcsl'I"\'illg to 1,,',1(.:11 (If Said corporations full POWI.:I" I.lf suhstitution and rCVlH.'.llillll, und
all ofthl.: m:ls of said AnorlleyCsl-in-Fad. pursuant to tiles..: presents, arc herl.:hy r<ltith:d and L'onfinl1l.:d.
This Power of Attorncy is granted nnd is signed hy facsimile under and hy nuthority or the t()llo\\'ing resolutions ndopted hy the respective Bonrd of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY olld INDEMNITY COMrANY OF CALIFORNIA. efleelive os of November 1.10011:
RESOLVED, that the Chairm:'lIl ofthc Board. thc Pn.:sid\..'nl :'lI1d :'II1Y Vi\..'c President of the corporation he. and that each of them herehy is~ authorized to
eXCl'utc P~m'l.:rs of Attorney. qualifying the attorm.'y(s) n:.ulll.:d in the Powers of Attorney 10 execute. 01\ hehalf of the corpor:.uiolls. honds. lIIu.h:rtltklI1gs ~l1ld contmcts
of suretyship: and Ilwl the Sccretary or any Assistant Secrctary of thl' corporations he. and each of them herehy is. nuthorized to anest the execution of any such
Power of Attorney:
RESOLVEO. fURTIIER. Ihal the signarun:s of slld1 ofllcl'rs may he ."Tixed 10 ,lilY slH.:h Pmn'r of Attorney 01' to any certitkale rcluting thereto hy
!;lCsimilc. :.Jnd any slll'h PO\Vl.:r ofAttorncy or (;'ertiticah: hl':'IrinJ; slIdl racsimik signatun.:s shall he valid and hinding upon thc L:orporation wh~n so ;'ltlixed :'lI1d in
the future wilh respecl 10 ;lny hondo undertaking or rOlltrm:1 of slII"\..,tyshil' to whidl il is illtarhed.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY alld INDEMNITY COMPANY OF CALIFORNIA hove severally eo used
th~se presents to 1:'1(' sig:n~d l:'Iy their respective Executhe Vic~ President and attesled hy their respcctive Scrrctary Ihis 1 sl day of October. ~O(),'\,
AI;Z
CrowdL Seerelary ~
""""~'N"'O""""
........''''''( '" /)1"",
..,~~ ..............:'C~...
/~......o~POIt4;.....+ '\
. . v <".~-
ii;! OCT. \~\
~~! 10 in!
\ ~ \. 1 9 3 6 /~ j
\~;...../OW ~ ..........'1;/
"',,0 ............ ~~..........
""""''''~IU''''''''''''''
Hy:
David H.
By:
WalterA.
STATE OF CALIFORNIA
I
ISS.
I
COUNTY OF ORANGE
On Octooer I. :W(lJ. before me. Diane.l, Kawnta. personally appeared Dnvid H. Rhodes and Walter A. Crowell. personal.l)' known to me (or J'lroved to
mc on the oasis of sntist'actory evidence) 10 be the J'lerSllns whose nmllCS <Ire slIhscrihed to 1he within instnl111cnt and ackno~lc_dgcd to me that they executcd thc
smllC inlhcir 1.1uthoriZI.:d c:.lrmcities. ;'lI1d tlml hy their sign:.llures on the instrument thc cnlily 1I1lUn bclUllfofwhich the persons .tcled. excclIlcU the instl'lllllcnt,
s:s~
r@DIANEJ.KAWATA ,
Q'-_~ ~':':'- :, COMM. . 1334746 :::
:E ~~. _ Notary Public . California ~
:: Qt... ORANGE COUNTY ~
I ' My Comm. Expires JAN. 8. 2006 t
Signnture
CERTIFICATE
The ulllkrsicl1ed, as Sel1ior Viee-Presidel1t. Ul1dcrwrilil1c of DEVELOPERS SURETY AND INDEMNITY COMPANY ,,"d INDEMNITY COMPANY
OF CALI FORNIA. do;s hereby ee'1ify thot the foregoil1g Power 01' AIIOl'lley remail1s ;11 full force ol1d hos 1101 heel1 revoked. ol1d f1ll1hermore, thot the rrovisiol1s
of the resolutions of thl' respective Boards of Directors of snid corporutions set torth in the Power of Attorney. are in torce ns of the date of this Certificate.
This ('\..'rtitki:lfc is cxecuted in the City of Il'vine. Cnlif(lI'l1i<.l, the .1 ST dol)' of
SEPTEMBER. 2005
I[)-IJXO (Rev, 1010.1)
i
'~'''-'"-''~-~'1:F
---
2005-323
"iJ~
In5CCIIICD
~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notity you of certain components of the Act, ,and' ,-
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$IOO billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide cov~t:~ge for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
1 neo Filch, Suite 200
Irvine, CA 92614
(949) 283 3300
www.lnscoOlco.com
10,1498 (Rev. 5/03)
-,. .-.
c 'c' ....,
,~,,-
2005-323
'1fC:;J~
Inseemlco
@i~@I1D[":1
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614' (949) 263-3300
www.lnscoDico.com
BOND NO. 725372S
S 321.00
term of TWO
premium is for a
year(sl.
MONUMENTA TION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS.
GARDNER CONSTRUCTION & DEVELOPMENT INC
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as THE FOOTHILLS
; and WHEREAS. all monuments have not yet been set in the positions nQ~ed in
the proposed Final Subdivision Map for said subdivision, "
NOW. THEREFORE. we the subdivider as Principal. and the DEVELOPERS SURETY & INDEMNITY COMPANY
17780 FITCH, IRVINE, CA 92614
(Legal Title and Address of Surety)
as Surety. are held and firmly bound unto the CITY OF SAN BERNARDINO
in the sum of FOURTEEN THOUSAND SIX HUNDRED
. ($ 14,600.00 ).
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves.
our heirs. executors. administrators. successors. or assigns. or any or all or either of them. shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq.. then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSL Y STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons. companies. and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully pelformed, then this obligation shall become nuH and void, otherwise it
shall be and remain in full force and effect.
And the said Surety. for value received. hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereuilder. shall in any way
affect its obligations on the Bond, and it does~lereby waive notice of any such change. extension of time. alterati011
or addition tothe terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on AUGUST 25. ' 20 05
Principal
GARDNER CONSTRUCTION & DEVELOPMENT INC
Surety
DEVELOPERS SURETY & INDEMNITY COMPANY
By
~ <;,~~.L .~
B. ~u.J\D'T . ~N
Attorney-In-Fact
S. SMITH-BOWMAN
10.1416 (CAl (7/01)
<~-w~
-
'.' ."
,,~,.-' m'~
2005-323
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
X',(X',{X'.<X.c<',{X'.O',{X',{X'-C<'-C<',q'~-C<'-C<'~,C('",C(,'.e<'.C<'.C<'.c<',{X',{X'.C<',{X'.(j('~A:;(Y__.c<'.c<'.e<',c('..c<'-<X'-C<'~",<,-<X'.(X)C<~A"X'.('j(
State of California }
CoUotyof~ ~--..,..e.r~~
on~I6f~~~me, ;;;;;~.~~k:
personally appeared ~~ ,
N8me(S) of Slgn8r(s)
<
.
~IIY known to me
J~~~~~:~~~~~~
'I Conw::~397747
I -_..- f
My::'~~~7f
------- ----
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sUQ$Cribed
to the within instrument and acknowledged to me that
he/she/they executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
~TNESS my nd and official seal.
L ~
. ~
Signature of Notary Public
,'Xl.~c if':l.c, _____
I N018ry Association. 9350 De Solo Ave" P,O, Box 2402' Chatsworth, CA 91313.2402
HI( ~n IH Jf1!H dl~H
(It I ',[I,
OPTIONAL
Though the information below is not required by law. it may prove valuable tD persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Descrip of Attached Document
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact Top qltt1umb here
o Trustee /' /
o Guardian or Conservator
o Other:
Top 01 thumb here
Signer Is Representing:
Item No, 5907
"'_'~~~__->=7 '~',
2005-323
STATE OF CALIFORNIA }
SS.
COUNTl' OF SAN DIEGO
.J,. :J ,-- .-<-
011 ,:. ""::> (~, 5> , hetiJre me, D. KOHL
PERSONALLY APPEARED S. SMITH-BOWMAN
l'ersOlJally kllowlI to me (or proved to me Oil the basis ofsati,\jactory
e\'idellce) to be the persoll(7J whose lIame("r') is/q)'f! subscribed to the - -
Il'ithill illstrument and acknowledged to me that ~II-he/thfff executed - -
_ Dmo
the sallie inIJif/hellthpi'r authorized capacity( i~, and that bv hit/her/th!lfr ~ . Commission # 1411616
sigllaturefrr) on the instrumellt the person("r'), or the entity upon behalf Notarv PublIc . CaIIQlnIa- . .
(!f which the penoll!,/) acTed, executed the insTrumellT, ~ san DIego CcMwIr
u,CoIMI......",.....
WITNESS lilY hand and official seal.
Sigllature j){;/-t'.~!
This area/or 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. .. --
/"...-',....
.. DESCRIPTION OF ArycKE6'OOCUMENT
CAPACITY CLAIMED BY SIGNER
", /",/
.........
o iNDIVIDUAL '~ /"_/
/'
o CORPORATE OFFiC " //
, ,/
"-,, // TiTLE OF TYPE OF DOCUMENT
T1TLE(S) ~ " /"......'
..
"'- .. ..
o PARTNER(S) o LIMITED "'-,. /
/'
o GENERAL",. _.>/
",
o ATTORNEY-iN-FACT " ...;, NUMBER OF PAGES
o TRUSTEE(S) .- , .........
/' " -...~..........
o GUARDIAN/CONSERVATOR .........
.. " "
o OTHER: " '-
.- / '. "
-'... DATE OF DOCUMENT
",
-....
'. "
"
"
SIGNER IS RE!?RESENTING: , ,
/ ..
NAME OF PEflS6NIS) OR ENTITY(IES) "
//,. ~,
'.
"'-.
"-
SIGNER(S) OTHER THAN NAMED ABOvE
10-1232 (REV, 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
-
-Iifl
om l"'.
"'r
~~-:~~'~~!~''''.=.=<
2005-323
I)OWER Of' ATTORNEY f'0I~
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1l)72~o IRVINE. CA 92(2) (')49) 26)-),111(J
"NOW ALL MEN BY T1IESE PRESENTS, that e'eepl as e'pressly lim]ted, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. herehy make. constitute and appoint:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
;IS th~ir true and bwful Attorncyls )-in-Fa('t, to Illake. ~\Cr.:llh:. Lklin:r nnd .KkIHlwkdgt:. for and on bd1<1I1' 01" sau.! corpornli()l1s. as surdic:s. bonds. undertakings
<Ind l:olllnu:ls ofsun':lyship giving and granting unto said AtlonH.'yfs)-ill-F,h.:1 nlll power and authority 10 do .1I111 to pcrfol'llll:\cry ,H.:lllcCcssary. n:LJuisih: 01' proper
10 he dOll I.: in (Ol1lh..'l'lIOIl rhl'rcwith as c;:H:h of said l:orporatinlls ((lull! do. hllll\:scn'ing 10 l..'ilL'h of said I.:orpnraliolls full power of suhstitution and n:vocatioll. and
all of rhe <lcts of said r\IIPrllcy(s)-in-Fi.H.:I. pursuant 10 these presents. an: herd))' ratilit..'d ,Illd t..'onlinned.
This Power of Attorncy is granted nnd is signed hy hlcsimile lIIH.kr and hy aulhority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY Of CALIfORNIA. elleetive as of Novemher 1.2000:
RESOLVED. thilt the Chairman or Ill..: Board. the Pn.:sidl.:'nl illld ;.lI1y Vice Pr..:sidt..'llt oflhe corporalion h..:, mul that each oftlu,,'m hcrehy is. lU.lthorized to
,,:x":l'uh: Powers of Alhlnll..')'. llualitying thL' altorllt..'Y(s) nmned in the Powt..'rs of AtrOrllL'Y 10 \,.'.\cl'ule. on hdli.llf of the corpunttions. honds. tllldel."tilk1ng~ .i.liul contnu:ts
of suretyship: and Ihal the Sccretury or any Assistant Senet,,!"}' of the: corporations he, and cach of thl.:1ll herehy is, authorized to attest the execution of 311Y such
Power of Attorn..:y:
RESOLVED. FlIRTIIER. tlwt Ih..: SiglHltur..:S of stH.:h otTin'rs Illay h..: aflix..:d 10 any such Pow..:r (If Attorney or to any certiticute relating theretu hy
facsimile, i.md any such Pnwl.:r of Attorney or ccrtiticalc h.....ming sm:h lilL'simile signatur..:s slwll hI..' valid and hinding upon tIll..' curpuralion wh.....n so i.ltlix&:d ami in
Ihe future with r,,:spccI to ilny hondo und..:rt<lking or I.:onlrad of surelyship 10 whil'h it is alli.ldlL'll.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
tht's~ pr~sents to he sign.....d hy their r~spective E:'\t'l'utivt' Vice President ~lI1d atl~st~d hy their respective Secretary this 1st day of October. 2003.
C-~)~
",1111"'""
....,"'~ AND i""#"
...9,.<"... ........... ~O~...
/~ .....~~, OIl4~"', ........
i",/v ...\~\
:0::: OCT. \..q
i~! 10 in!
--'0\ 1936 :0:
"~"" /litj
.... Of,i....,1ow" ..... ,4'1>....
##'#,0 ............. ~'f...........
#"""'rr','t'tll"'..'.....
By:
",D"""" ?;J;~
Willter A. Cmw..:l!' Secrdilry
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORAN(iE
On Ocroner 1.2003. betore me. Dii.lIle J. Kawatn. personally nppeilred David H. Rhodes nnd Wnlter A. Crowell. personally. known to me (or (lroved to
mc on the hasis of satistllctory evidencc) to he the llerSoils whose namcs "rc suhscrihed to the within instrulllcntl.md ucknowlcc)gcd 10 me that they c:<ccl.Ilcd1hc
s<llne in their authoriz.....d cnpl.lcities. and thi.11 hy their signatures on the instrument the entity upon bch.llfofwhich thellCrsons acted. e:<ecuted the instrument.
S:3'~-
t-@DtANEJ'KAWATA ,
C ." ~'~':'-_ COMM. " 1334746 ::
:e ":''''::'' Notary PubfiC . California ;::
3: ~.- ORANGE COUNTY ~
t My Comm. Expires JAN. 8. 2006 t
Signature
CERTIFICATE
The undersigned. 'IS Senior Vice-President. Undel'vriling of DEVELOPERS SURETY AND INDEMNITY COMPANY lInd INDEMNITY COMPANY
OF CALIFORNIA. does hereby cel1ify thnt the toregoing Power of Atlorney remains in full force ilnd hns not heen revoked. and fUl1hennore, Ihal the provisions
of the resolutions of the res~ctive Boards of Directon.~ of said corporations set forth in the rower of Attomey, are in force as ofthe dale of this Certificate.
This CertiliclIte is executed in the City of Irvine. Calit.]mill. the 25TH dllY of ~~UGUST
2005
(;)
ID-uxn (Rev, 1(J/O,1)
~-,,~~"'-~"~, '
J"
"~CO <"""- ""~Y""'~^"-f
2005-323
'i]'~
InscllllCD
~~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, .and ' .'
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1 00 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide Covi<r~ge for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developer. Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92814
(949) 263 3300
www.lnscoDlco.com
10-1498 (Rev. 5/03)
6S/26/2665 11:34 96974S665B
2005-323
-'-'.""..>n'.~ ... _"'-....,...,.,.,&~~_._-_
GARDNER CONSTRUCTION
~ .~'m_ .,.
PAGE 62
MAle .
Co
24111
THI fIOUCIIIOP 1NIUI'.w:i Ull'eDIIl.CW HAVI! ....18tUEO TO Tttlli JNalA!D NAMED AIOVI! f'OA THe I'OUC'I' l'eJIlIOO IlDCAT!O. NOTWITI1ST~1'ICJ
AHY 1'IlIQI--.r. TbM QR CClNDI'hDN OF Nf'f llONT\IIAeI' 011 t.rIMlII'I ~WIfH IlftNCrT01IlIIItCMTMlClltTFICATI.Y IE IIIUIO OR
IMY"""'At/. ".1MIUIlMC! ~ IYM ~~ ~ .~Ta AU. ~'TIfIMS. ElIIC"IIDII ANDCCIliIIT1OIl8 OF SUCH
POUCID, ~TllIoIITIlHClW" MAV HINIIKEJII 1IY PAlDQ.ANi.
A
&
IICIIlILYINoIUIlY I
...,..aoI
.
_Y::f'Y S
.,..,. J
~!'r- I
~ alMlUft
OCUlllS-
AlIl'O CIIll..y . III MI\:IIINT .
OTlElllHllN MIQ)'
AU'I'llCllllllt: _ I
~ ClIXlIIIlMiNCl! ,
1\IOllIMJI I
.
.
.
--
na, City of 51ft ..l'IIAI'Itinu .. The City of
San IemarltillO Jllunicipal Water Depan-nt
P.O. IOlIl no
San "l'tIanlino, CA N40Z
IItClWI_MTM!__....-.e_I8-.oM1T1l1
_T1OlIIl4T1_. 'IIlI__--.... __TGIIAIL
..JlL IMft WlImIIlIlOla 'rCl1llll CIlIIftIIIIlATIIlCX.Dlll NAIlID TII THI! ~.
_ ....URE 1'O...1UCH IIIITIIlIIIIWoL ....1IlI_TlIlIIlllI UAIIIUTY
_\IIIIN --''''~llIllII!~A1'Il/IS.
l\Vl1IOllImIlDIInPTa,. ~
ke h Mara' UU ~
ACORD 21 (lIIIO'AII)
MCOItD r:ORPOJATION 'hi
. "cq "'l'J'r;t'lI'~-"
.."..... .
...".,~ . ".'e'~ " .,_
PAGE 63
68/26/2665 11:34
9097486656
GARDNER CONSTRUCTION
2005-323
s.I
CERTHOLDER COllY
STATE
MT.wJ
".0. BOX 420807. SAN FRANCIICO,cA 94142-0807
ClRTFlCAT! OF W<IIIC8S' CCMPiNSATlOJI INSURANCE
lid MTl: 01...-101I8 = ....... '''....._
~TlI~ .,
CEflTll'fC4T1llCPlMa 01-01-'_
ap-O'-IODI/Cl1-o.-IGGI
111I CITY . III "'J/'_IJJIII _ 111I ClITY fill'
.... _NO IIIIICIPA ...-ra _~
P... _ 710
UII ....__1lD c:A ...
"':TIACT ftU.
,.. II to nrtIfy ,,. WI .... iM"" . lIIIIlI WlII'kerl' ~1utIan ......... pollov In a ,."" iCIIWO\Ied by Iha
CtIlfor" '"...__ ~ 111 ... aIIIIlI~ IIIftlIII N1_ .... lilt 110_ irwIaiIlnIIaItM
'IW& paIIey it flgl _,Mt to CllallClOII lip ... ...... ..._ ..... __ .MloIIlll. wrllfen IIOllc>> to .. ......'
.'
Wa will .,.. Ill... rau III ..... ....... na1lce thoul. I/Q 1lO1"V Ile ....... prlar fa III IICInnII allJlhtiGlt.
". cartifIlMlI or ~ II IIOlIII ___ paIIcy ... ... ... ..... ....... CIt a1W lie _rill ~
~.. ,.. II..... ... ~.!~.... ." '.....Ul61l, .... .. ..... of .. CIlIItrIDf Dr oa.r tIoc.........
- ,.,.. to wIII~lIl11i1 ___ or _ lIlIP 1M '.... Dr fa WIlIItt It IllIJ IIInIill. .. 1Mur_
IffonlDd by .. /101Iay ........ ..... II IdIj1ct ID II .,. """" ..eluakllll. ... L..idlIIIIlc. of IIIlIh pollGy.
-
~ ,4k...~~ t, &L
A&JnGllZID __, SI!NTATM! I'IIE8lDEN1'
_LOnIl" LlMI!.I" UIIIT tNllIDJM .,.... ClIITII S1.OllD,OOO PlllICCI.UNCE.
IhlIGlU""- I'. - .... .... ..IIM RClllTAItY - IJlaUIDlD.
~.... "BOO. ....Dr _..... VICI PIISID...;:''iIlPIl..'' - PCUIDD.
........... ,... IIIITZTl.D CIImrlOATlItDIoIIllI' MlTICI IPI'IlCTM 07-o,-aaoa IS
An... 10 MIl PI. A ltMf fill' '!'HIS 1'IIL1C'r.
lIMllIJIl_. IIS70 IIfTITLID IaIVD UP ".,...TICIIlIIFFIC'rM 2OCII-o'I-07 Iii
_ ATT'" tv _ ,... A NIn' Dr 'nIU *-ICY. 1IURD PAInY ..:
THI OITY ., 1M _... ,.. THI am Dr
-
....OVIR
NI r... -.nuc:n. . ~, lie:.
_ .... rr If! .
....... CA IIS7I
..,
Illlll....
".1"''' : ol'J~