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HomeMy WebLinkAbout2005-337 , ~,<, ", r -- . ~"""""- ~li'~'-~'~':'-"""-="c,"""~- "'f,""'"" ~?":::):?;.=:?7}I:'::c~',,~ 1 2 RESOLUTION NO. 2005-337 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14746, LOCATED AT THE INTERSECTION OF "F" STREET AND HILL DRIVE, 4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND 5 AUTHORIZING EXECUTION OF. THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDMSION, WITH TIME FOR PERFORMANCE 6 SPECIFIED. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Common Council fmd that proposed Tract Map No. 10 14746, located at the intersection of "F" Street and Hill Drive, together with the provisions for 11 their design and improvements, is consistent with the General Plan of the City of San 12 13 Bernardino. SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said 14 15 City to execute the standard form Subdivision Improvement Agreement with Hill Drive, L.P. 16 17 18 19 20 21 for the improvements in said Tract Map as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services of the City of San Bernardino. 22 23 24 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements. 25 26 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the 27 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. 28 III >_"..O-""=;1""';:::__"~"O',_,___,_ "--O'_;C"-:?~>;-,_~,t-~"-:-"':":1'"''fL'''''~\''-'''':~;:-~0''f-?;''?:';:It" ""~."'''.,,',c,c.'---.oc,_.'-- " -"--,~,,,-,-,~ "-"---"<;>:';-'!'8'i!''1;Th,,,~ 2005-337 1 2 3 " 5 6 7 8 9 10 11 III 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 mE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14746, LOCATED AT INTERSECTION OF "F" STREET AND HILL DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDMSION, WITH TIME FOR PERFORMANCE SPECIFIED. The City Clerk shall certify 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. --'.+~~:""':::.::;;-/':"'''?~J'''-''':~:E:'lf;-~l$;_m}l'!t,,,~=~. 2005-337 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14746, 2 LOCATED AT THE SOUTHWEST CORNER OF "F" STREET AND HILL DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND 3 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR 4 THE IMPROVEMENTS IN SAID SUBDMSION, WITH TIME FOR PERFORMANCE SPECIFIED. 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 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 12th day of October , 2005, by the following vote, to wit: Council Members: AYES ESTRADA x LONGVILLE x MC GINNIS x - DERRY x KELLEY x - JOHNSON x MCCAMMACK x NAYS ABSTAIN ABSENT QuJv..L ~ ~ City'clerk The foregoing resolution is hereby approved this ~ day Approved as to form and legal content: ,2005. th Valles, Mayor of San Bernardino JAMES F. PENMAN, City Attorney "'~--"""''j~lli~'=m::/''~~-'''''''''~~ ilene"'.' ,~, ..~-,~,.,- '.' '" AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this L day Of~OO5, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred ;>., to as "City," and ~ DRIVE. LoP.. A CALIF08NIA I.IMI1l:D, PARTNERSHIP. 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. 14746; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, D. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and, \ E. WHEREAS, This Agreement is executed pursuant to the provisions of the 1 -. Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code. NOW TIIEREFORE, 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 e~, ill :;1 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 En,pneer. All of said work is to be done ~- at the-places, of the materials, in the manner, and_at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 MONTHS from the date hereof.- 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful penormance of this Agreement. The City Engineer shall be the sole 2 __C,,^__= lTn - .__C,^ and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Reoairs and Rq>lacements. 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 daml\ged, and Su1xHvider shall repIace~ 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 6f any~ork done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deoosits - Statement Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written .........- statement signed by Subdivider, and each public_utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Comoliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Sunerintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to 3 <"< ~ M__ the City Engineer on the work at all times during progress, with authority to act for Subdivider. 9. Insoection bv Citv. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with'c~' ~iC;:C;tion hereof, Subdivider shall furnish to City improvement security as follows: (a) '\'?it,~'~: ,,'-~',~'~'t An amount equal to at least one hundred perCent (1000A.) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, ---. (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the I form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino 4 ""'U,,~ ':::''!!i'<f-=~'''=''~'''''-'='~'~-'''''~ rr' ,-~,- .' ',""...'="....-- Municipal Code. and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 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 insuran~e 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. 5 ~'::':.!!"''1S: 1 "v~q~"-'-_'r-]r----~'-<--'--- -"---,, ~ (b) Public Liability and Pronertv Damal1e Insurance. Subdivider shall take out and 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 d8mages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or' product liabili~:whi~hiriay arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including. without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million -- Dollars ($1,000,000.00) focinjuries, 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) Pronertv DamalZe 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 I Paragraph 11 insures any entity, person, board or commission other than those 6 ,_';"~"'~" ,.-;m=' m-"~""''liiC17~ .- mentioned in this paragraph, such policy shall contain a standard form of 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 cOvenuze. 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 Injury - 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 hea11;b, 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 in coverage of any policy during 7 ?'~<'~~~~~J_"~,;.:::::UD. '~J ,. "l . . _.,- the effective period of this Agreement. 13. Hold HarmlesslIndemnification. Subdivider(s)/Oeveloper(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, ~dS 8Ddc8Use of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, ~'101f:~;" ,.' "..",~~:!,,\ fe attomey'sIlegal fees, and all other expenseS'incuried 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, contracto18 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. SubdividerlDeveloper shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the SubdividerlDeveloper 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 ~",l1lTI1"-~~""_W~~~~""_W'-~-""- 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 01'<-.... .. .... '.:".' 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 ImDrovements. Title to, ~d ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Re1>air 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 promptly or in 9 ". . ~ '--~~~'lXl7'""~~' In 11;---. - 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 nec~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 Allent ofCitv. Neither Subdivider nor any of Subdivider's agents ';~.\'4f~":,: ..h..' or contractors are, or shall be, considered to be agents oftilY in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Empneerinq 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 A2reement: 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 10 o --~,,,":....t"~ iliI'n'~" ~"~~~-l '/'1'~-"" -'~-~-~'-- improvement herein specified; provided, however. that it the surety. within five days after the 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 "0" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: GARDNER CONSTRUCTION AND DEVELOPMENT. INC. 555 CAJON STREET STE G. REOLANDS. CA 92373 (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. 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit 11 .~,."'~"- 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. JAMES F. PENMAN, City Attorney, By: ArrEST: i~/j.~ By: City Approved as to fonn and legal content: By: ~~ ~ '-.._~ 12 , ,~,,-- i-V 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. COUNTY OF ) ) ss. ) STATE OF CALIFORNIA On this day of , 20--, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally know to me (or proved to me on the basis of satisfactory evidence) to be the President, and personally known to me (or proved to me on the basis of satisfactory evidence)'.to be the of the corporation that executed the within instrument, apd 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 __oc."~i~' '~'~-~~"~"~~Trnnr~"~~=".o~!"<'"'~~<~'oo .,.c,c._.. "~""~"'"'P.. ~'~l lIT'" ... -~'~-"---~l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~ ~ Rlm~---m!)fl"I)fi"Url)ft~UI -~!Uim~ ii iiilU>l -Ulm~ State of California } County of ~ ~'&?Lr~~ ss. On ~/Z~.r.-before me, ~ <b~ ~~~/.~ om ~ ~nlWed~""Ooe' personally appeared ~ ~ ~ , rtIIIIIII\1I1 VI UV""~) ~ .- ~~~~~-~--~~~~I @ M. SKEENS CommIsIIon # 13977.7 I' Notary PublIc . Call1omla I San IIemardlno County - ~ _ _ _ ~:~~~2~~7l ~allY known to me o 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 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 Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: D Individual D Corporate Officer -litle(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual D Corporate Officer - litle(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing: Signer Is Representing: ~.__J""~I)'Y~i,)1! _ I!!S !lmmrn~ .-.~ C 2004 National Notary AssocIation . 9350 De Soto Ave., P.O. Box 2402 . ChatswortI1, CA 91313.2402 Item No. 5907 Reorder: caR ToIl-Free 1 -800-87lHl827 ~,;",.<,.... -~'T'~"'::i . -no ~.-- " -"~-p""",.=~~"-~- --- i~'~ ~(\ ARCH INSURANCE COMPANY Executed in Triplicate FIRST TERM PREMIUM FULLY EARNED Bond Number: SU 5016154 Premium (Two Y ears): $3,528.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That, Hill Drive. L.P. a Califoruia Limited Partnership. as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and authorized to transact surety business in the State of Califoruia as Surety, are held and firmly bound unto City of San Bernardino. as Obligee, in the sum of One Hundred Seventeen Thousand Six Hundred Four and No/tOOths DOLLARS ($117,604.00), for which 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/agreement, dated 00/00/00. with the Obligee to do and perform the following work; to wit: Street. Sewer and Water Improvements for Tract No. 14746 - 14 Sint!le Familv Residential Lots. "F" Street and Hill Drive in the City of San Bernardino. State of Califoruia 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. California Limited Partnership (principal) Arch Insurance Company (Surety) c::- \ ?~7_~ Raymond E. Gail, Attorney In Fact By: By: DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY. 135 N. LOS ROBLES AVE.. PASADENA. CA 91101 PHONE (626) 639-5200. FAX (626) 69-5210 Subdivision Performance Bond.dot roil -- T CALIFORNIA ALL-PURPOSE ACKNOWLEDQI!IENT 1ilI .. State of Califomi~ } ~n~m~~~ On ~4~rbefore me, . .... ~ . pe'sonally :pea~ ~ ~~- ~ - 18. - --:. .::.:"";~.:.:,~ f J NoIory PIblIe -CaIfomIa I -=~~~f -------- --- ~allY known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notal}' Seal Above Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 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 D Trustee D Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General D Attomey in Fact D Trustee o Guardian or Conservator D Other: Top of thumb here Signer Is Representing: Signer Is Representing: .2)'11 _ II,.,.. _mTllll _ II II _ It 111:1I _TUlllII _~~*.....~ H:IIII _~" .r< C 2004 National Notal}' AssocIation . 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 ReoIder. Cd ToI1.F.... 1-800-876-6827 T. . .... State of County of California Los Angeles A\.lG 1 1 201151 Regina Rangel NAME Notary Public TITLE OF OFFICER On personally appeared Ravmond E. Gail NAME OF SIGNER ~ersona1ly known to me - OR - D f@".. . .~;. . . . . REGINA AANGE'L' . ( :: . COMM. #1368369 . fa . .. Notary PUbllc-Callfom'a Ui " . LOS ANGELES COUNTY :;: J.. :;... ~~~'.~:~U~~~~~~E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 AITACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT D PARTNER(S) D D LIMITED GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company SIGNER OTHER mAN NAMED ABOVE '. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to es the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) , . its true and lawful AttomeY(srin-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on its behalf as surety, and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same o!>Ilgation to be split Into two or mora bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursl!ance. of ~:,P.reee!lts shall be as binding upon the said Company as fully and amply to all intents and purposes, as' If ~ s.rne 'had .~8EiIi; ~u1Y executed and acknowledged by its regularly elected officers at its principal office in Kansas City, M~ri. '. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any VIce President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and atlomeys-ln-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executad pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. .- -,,--~ .~~ ~(\ ARCH INSURANCE COMPANY Executed :in Triplicate Bond Number: SU 5016154 SUBDIVISION BOND LABOR & MATERIAL/P A YMENT KNOW ALL MEN BY THESE PRESENTS: That we, Hill Drive. L.P. a California Limited PartnersbiD as Principal, and ARCH INSURANCE COMPANY, as Surety, are held and firmly bound unto Citv of San Bernardio as Obligee, in the sum of Fiftv Ei2bt Thousand Ei2bt Hundred Two and No/100tbs DOLLARS ($58,802.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDmON OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated 00/00/00, in which said Principal agrees to construct designated public improvements, as follows: Street. Sewer and Water ImDrovements for Tract No. 14746 -14 Sin21e Familv Residential Lots. "F" Street and Hill Drive in the Citv of San Bernardino. State of California and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above. This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the improvements. DATED: August 11,2005 c Arch Insurance Company (Surety) California Limited Partnership (principal) By: By: \ ?<i--6....3.- Raymond E. Gail, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101 PHONE (626) ~. FAX (626) 535-0875 Subdivision Payment Bond.dot ~~~C~ -"~ ---'-o__ "', -,- ---= CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California _} countyof~~~HO ss. on~/1~~.~~.z:i2~ personally :peared ~ end l1tIe 01 (e.u,;,--=- Doe, , ~.._~.\ ^" Alt.rwrls\ rU,,:'::S=-U-1 f.I ~~.."., J NoIary PublIc . CaIlanIa -;~~~7f ------ ----- ~IIY known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackOowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seel Above C;;C~~ SIgnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(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 o Trustee o Guardian or Conservator o Other: Top of thumb here 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: FW ,'~ r'jl 'r lnrrw JT IF ,I ,rH h Top of thumb here Signer Is Representing: Signer Is Representing: .!:U1llll~ _ Ill!! ~ !!!'!! iii H !lI!i 1Ili()'l!l _~ H.m~ !IIi H. H~i1ti()'l!l i)1III _ _ ~mnll~~1rU1;llI1F( C 2004 Nationel Notery Association . 9350 De Solo Ave., P.O. Box 2402 . Chetsworth, CA 91313-2402 Item No. 5907 Reotder: Call ToII-Free 1-llO().876-6827 -17'''' """'-" " " ".' "'-".-Y.="_7'_'-_ State of County of California Los Angeles AOO , 1 2005 On personally appeared Ravmond E. Gail NAME OF SIGNER ~nallY known to me . OR . D J.. '.....il,;A,lG..L'. 'I ~ COMM. '13883811. ra: 0 Notary Publlc-C.llfomi. ~ LOS ANGELES COUNTY ... J...:.:. ~~~~.~~~u~~~~8,1 Regina Rangel NAME Notary Public TITLE OF OFFICER 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 D INDIVIDUAL D CORPORATE OFFICER D TITLE(S) PARTNER(S) D D LIMITED GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV ATOR D OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DESCRIPTION OF ATIACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE ""'W1i!'r""'""c" "~"." ---c -,-,,~- '" .,>,. 0'_ ,",.". .~.~""'-"l.c-!'.: .. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) \ . its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same O!>Iigatlon to be spilt Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in purs4anc;e, of th~e])l'eeef.lts shall be as binding upon the said Company as fully and amply to all Intents and purposes, as'lf ~ Same had, .~ ~u1Y 'executed and acknowledged by its regularly elected offic8rs at its principal office in Kansas CIty, MissourI. " This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any VIce President, or their appointees designated in writing and filed with the Secrelary, or the Secretary shell have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.. This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. _"n""".".,,,. .T ~- ~~ ~:.; \. ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. ~'iil'ij'''7~- '~r '-"""''''0'',' '''". '''-'~'''''Y'''' ........ . ..~...,...,....~,._ u_ " ;"':'.~-P"~~<~ .~~ ~v\. ARCH INSURANCE COMPANY FIRST TERM PREMIUM FULLY EARNED Bond Number: SU 5016154 - A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Hill Drive. L.P. a California Limited Partnersbio as Principal, and ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri and duly authorized to transact a general surety business in the state of Missouri. hereinafter called the Surety, are held and firmly bound unto City of San Bernardino in the sum of Twenty Nine Thousand Four Hundred One and No/I00ths DOLLARS ($29,401.00) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, on the D!!! day of D!!! 2005, the above named Principal entered into an agreement with the Obligee for: Street. Sewer and Water Imorovements for Tract No. 14746 -14 Sinme Familv Residential Lots. "F" Street and Hill Drive in the City of San Bernardino. State of CaUfornia WHEREAS, under the terms of said agreement, Principal is required to guarantee replacement and repair of improvements as described therein for a period of One (1) year(s) from and after the date of completion and acceptance of said improvements; NOW, THEREFORE, If the above Principal for a period of One (1) year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHERE OF, the seal and signature of said Principal is affIxed hereto and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 11th day of August, 2005. By: 've L.P. a California Limited Partnersbio (Principal) Arch Insurance Company (Surety) By: C\?.-'2~~ Raymond E. Gail, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., STE. 825, CA 91101 PHONE (626) 639-5200. FAX (626) 639-5210 Maintenance Bond -,~,~, ."""" "" "~""n CALIFORNIA ALL.PURPOSE ACKNOWLEDQ~ENT State of California " } Cou"~m~&~~~ O"Ai.q~be~~ m..~ _~c- personally appeared~? - , Name(s) of Slgner(s) J@--- - ~,i~~::7 - J I Notary I'ublIc . CCIIIfomIa f -=:'~~~7f ------ ------ ~IIY known to me --- o 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 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 /::7~;~ Signature of Notal)' Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer -litle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - litle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: lilf,'" Iflll"[jPI,ltH \ J~ ~'( ,t ,f H Top of thumb here Signer Is Representing: Signer Is Representing: JIIIIIIII IJCIIIIJCIII _ _mmmgul:lll C 2004 Nstionsl Notary AssocIation . 9350 De Solo Ave", P.O. Box 2402 . Chstsworth, CA 91313-2402 - Item No. 5907 Reorder: CaD ToII-Fres 1-800-876-6827 ~~~:~7~:":::~~ " ''jj: '" ....., ,. ., k """, l' 'f" u""P"''W 1""" .,.... ." '''-'0-.', , ,"' "... ' '.-"Y""'''1'''''};'!&.,",.=,~c_~ State of County of California Los Angeles On AUG , 1 2005 Regina Rangel NAME Notary Public TITI.E OF OFFICER personally appeared Raymond E. Gail NAME OF SIGNER personally known to me . OR . D 1. A . : ~ . '" ~ ~ ~iGI~A R~NGEL. .~.L I ... ..- '~" COMM.#i366369 m en"; Notary Publlc:.callfomI8 se W LOS ANGELES COUNTY .. My Colmn. Exp. July 26, 2006 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I. 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 ATIACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT D TITLE(S) PARTNER(S) D D LIMITED GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTIlER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(lES) Arch Insurance Company SIGNER OTIlER mAN NAMED ABOVE w.~"."".,-,~=....~_.- ",. ,~~,~...._,- POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) . its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same ot>ligation to be spilt Into two or mora bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursl!an<;e, Qf th.J)r8$e~ts s~all be as binding upon the said Company as fully and amply to all intents and purposes, as' if ~ same 'had, ,~eet.l, ~u1Y executed and acknowledged by Its regularly elected officers at Its principal office in Kansas City, Missouri. ' ,,'"' ' This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any VIce President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agants and attorneys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.- This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant, to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. .....iI.".:.""""1""C"'="~"'~F'r' ""]'-,, ,~~'"',~, 'F~'~ '~. ~""~'r'W".'"" r '",' -',,,,, _. '~'" .,"~- r '",-" "~'"'='''''''''''''.:'R'~.Y'.;:.,I!!!r:"l~!o/~",_..=l ,.. "'''.-'~._ . ~~ ~(\ ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. -'iIlJiR(""'"""W'''..' '~v"n "IT ". "'FliT' ~. ""'-'.- ". ,....~..-_-,-"',"._""-,c.-.",-=..,c_,.,~."'"~~~_ ~~..<: ~(\ ARCH INSURANCE COMPANY Executed in Triplicate FIRST TERM PREMIUM FUllY EARNED Bond Nwnber: SU 5016154 Prerniwn (Two Years): $3,528.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY TIIESE PRESENTS: That, Hill Drive. L.P. a California Limited Partnenbio. as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and authorized to transact surety business in the State of CaUfornia as Surety, are held and firmly bound unto Citv of San Bernardino. as Obligee, in the sum of One Hundred Seventeen Thousand Six Hundred Four and No/100ths DOLLARS ($117,604.00), for which 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. TIIE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract/agreement, dated 00/00/00. with the Obligee to do and perform the following work; to wit: Street. Sewer and Water Imorovements for Tract No. 14746 - 14 Sinne Familv Residential Lots. "F" Street and Hill Drive in the Citv of San Bernardino. State of CaUfornia 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. 'ted Partnership (Principal) Arch Insurance Company (Surety) By: By: c\ ?-L~ Raymond E. Gail, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE.. PASADENA. CA 91101 PHONE (626) 639-5200. FAX (626) 69-5210 Subdivision Pcrfonnance Bond.dot ~r~OpOWOO'" ..-.,.. .. .~_.,- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California , 1 Countyof ~ ~~~ss. o,~~---;tt~4~~ personally appeared ~ , r N8m0(,)~,) ~rsonally known to me D proved to me on the basis of satisfactory evidence ~@- - - - ~3~7:7- II 1 -_.~ ~__~~~71 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the informa~on below is not mquil8d by law; it may prove valUBble 10 p6tsOnS relying on the documant and could prevant fraudulBnt removal and reattachment of this form 10 another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer 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: Top of thumb here Signer Is Representing: 01999 National Notary A88ocIatIon. 9350 De SotoAve., P.O. Box 2402. ChatIworttl. CA 91313-2402. www.natIonaInotary.org Prod. No. 5907 Reorder: Can ToI-F.... 1-800-876-8827 ,"~~.,.. ,. .' ~. ""'^"~.'~'="''''''''''''(L~""",'~=,,,,,,.,,,...."+ State of County of California Los Angeles On AUG 1 1 2Oll5 personally appeared Ravmond E. Gail NAME OF SIGNER personally known to me . OR . D r ... ~; . . . . REG'I~~ ~GEL' . . ( :t: . ' . COMM. #1386389 rrl (/) ! . Notary PUbllcoCallfom/a (/) W .. LOSANGELES COUNTY :a: J. . .";:'. . ~:~'.~P:~U~Y~~~~. f Regina Rangel NAME Notary Public TITLE OF OFFICER proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PAR1NER(S) D D LIMITED GENERAL D AITORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTIIER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DESCRIPTION OF A'ITACHED DOCUMENT nTIl! OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTIIER 1HAN NAMED ABOVE T ~~"",,,,,,,,p ,~, ~ 1~'4~'~"~"-"~"~ ~~~c ~ , '.' w',.,,~,,~ c.,~,. 'N< -'iJ~"~-- , , ""--'''''',=c-_.,~'.f,,'('=='.,......,.,,_..._,,",. - " POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) \ . its true and lawful Attomey(s)-In-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings . EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same o!>ligatlon to be spilt Into two or more bonds in order to bring each such bond within the dollar limit of authority 88 set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in purs48"<<;e of ~:.prese!lts shall be as binding upon the said Company as fuUy and amply to all intents and purposes, as' if ~~ Sameh8c:i, .~eeii' ~u1Y executed and acknowledged by its regularly elected officers at Its principal office in Kansas City, Missouri. ".... . This Power of Attomey is executed by authority of rasolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003. true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED. That the Chairman of the Board, the President, or any VIce Prasldent, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-ln-fact, and to authorlza them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof. and eny such offlC9l'S of the Company may appoint agents for acceptance of process.. This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Boerd, the President, or any Vice Prasident, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the rasolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. ooML0013 00 03 03 Page 1 of2 Printed in U.S.A. "'~iilill;il!l:..:r,",r ',,', ' ~ ' ,~,""' "~-- ,"' '"~I"-"-~'r""---_h"'!t'-V' "T'H'_;__'""'W -_~_'_,__HW' - ~'''''~~'.''''''':'':'':'';'.''''''''~~;'~'-:'' :'"...._.,.h..."""'~,?~'I"..,."'~~ ,~~ ~(\, ARCH INSURANCE COMPANY Executed in Triplicate Bond Number: SU 5016154 SUBDIVISION BOND , LABOR & MATERIAL/P AYMENT KNOW ALL MEN BY THESE PRESENTS: That we, Hill Drive. L.P. a California Limited Partnenhio as Principal, and ARCH INSURANCE COMPANY, as Surety, are held and firmly bound unto City of San Bemardio as Obligee, in the sum of Fifty Eieht Thousaod Ei2ht Hundred Two and NoII00ths DOLLARS (558,802.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDmON OF TIllS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated 00/00/00, in which said Principal agrees to construct designated public improvements, as follows: Street. Sewer and Water Imorovements for Tract No. 14746 - 14 Sin21e Familv ResideDtial Lots. tlFtI Street aod Hill Drive iD the City of SaD BerDardino. State of California and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or reDted equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor dODe of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above. 1bis bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the improvements. cd Partnership (Principal) Arch Insurance Company (Surety) c \ ?'2~~ Raymond E. Gail, Attorney In Fact By: By: DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101 PHONE (626) 535-0855 . FAX (626) 535-0875 Subdivision Payment Bond.dot ~'lili""7Y~""~r7"Y"""C ""'"rn'T~""" >,',' n''Oc, "'" ", '"'''O=7,,~'''''''''''~,''''' "~"'''','.F' '" "",>"""",,,,"n"~',' , , '," ",,"',', y"~",,"~,, - .. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT lm"'---~i!lIlI(~.dZlR!~iIlIlI!kl)ft~Ofim~1)fi - Illl!Ofi Rlm IllII R'lU5i0tl" 1M~!nIloI 51;;: - ~ ----- J@- - - :':::'~:77:; f J Nokry NIlIc: - CaIIomIa Sc:wl e.mad", COI.Illy - _ _ _ ~~~~~~7f ~y known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (WITNES~ ~~~I seal. ~ - Slgnalure of Nofary PublIc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent freudulant removal and reattachment of this Iorrn to another document. Place Notary Seal Above Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 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 Conservator o Other: Top of thumb here 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: Top of thumb here Signer Is Representing: Signer Is Representing: ~~~"lli!i~=dI~g..y]!!li!Jl)1! _~)'!IYJ~!l!imm~ C 2004 National Notary AssocIation. 9350 De Solo Ave" P.O. Box 2402 . C_rth, CA 91313-2402 Item No, 5907 Reorder. Call Tofl-Free 1-800-876-6827 ~"T"~""""" - """ """~",,~",,"" -" - -~--'"7'""--'c'-----"__'c'__,_."::'O""":__e._S""""._~:.._c~..,~~ State of County of California Los Angeles On AUG 1 1 200s personally appearecf,Ravmond E. Gail fJ--x NAME OF SIGNER fl:::Jt'ersonally known to me - OR - D r " " .~.: . . " "REGiNA RANGEL" '1 i COMM.1lI1386368 IU Notary PUbllc.calffomla ~ L LOS ANGELES COUNTY ~ .': . . . ~ ~'. Exp. July 26, 2006j .... y...". Regina Rangel NAME Notary Public TITLE OF OmCER 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 helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 D INDIVIDUAL D CORPORATE omCER TITLE(S) D PARTNER(S) D D LIMITED GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE n""'~""'C;N'"'C;" ~T~"-_" ._,-~",.". ""~,,".~_m,_ '-~'-~",p'"-"" POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliessen of Pasadena, CA (EACH) , ' its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same O\)llgatlon to be spilt Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in purs~anC?8" of th~E(pr8$e!'lts shall be as binding upon the said Company es fully and amply to all Intents and purposes, as'if~~ s~h8ci",~8Eit\ ~u1Y executed and acknowledged by Its regularly elected officers at Its principal office in Kansas City, M~url. ' .. '0', . This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any VIce President, or their appointees designated in writing and filed with the Secretary, or the Secretery shall have the power and authority to appoint agents and attorneys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other wrltings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.. This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executed pursuant, to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. ooML0013 00 03 03 Page 1 of 2 Printed In U.S.A. ......Iii ''''''j''''''W'Y''' "c,' '-~i""'" , __w_' , ~">__TT -'-' '-"''"'"' '>'"'",,-- , ~~ ~\ ( '''- ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002. we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. ~w::~''''1'::~''';~ ""~r~-C~"=~~- "~""" "~'-~"'""' .-'" ,'"~,~~q', _h" __UIT _.," --'"_='-'_.'_'_-'_T_"',":__S"'C".~~~''',_"",:>__ _ ~",.....~ ~A f, ", , " :--,.. ~( \.. ARCH INSURANCE COMPANY FIRST TERM PREMIUM FULLY EARNED Bond Nwnber: SU 5016154 - A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Hill Drive. L.P. a California Limited Partnenhip as Principal, and ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri and duly authorized to transact a general surety business in the state of Missouri. hereinafter called the Surety, are held and firmly bound unto Citv of San Bernardino in the sum of Twentv Nine Thousand Four Hundred One and No/l00ths DOLLARS (529,401.00) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 1m! day of 1m! 2005, the above named Principal entered into an agreement with the Obligee for: Street. Sewer and Water Improvements for Tract No. 14746 -14 Sin2le FamUv Residential Lots. "F" Street and Hill Drive in the Citv of San Bernardino. State of California WHEREAS, under the terms of said agreement, Principal is required to guarantee replacement and repair of improvements as described therein for a period of One (1) year(s) from and after the date of completion and acceptance of said improvements; NOW, THEREFORE, If the above Principal for a period of One (1) year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHERE OF, the seal and signature of said Principal is affixed hereto and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 11th day of August, 2005. ve L.P. a California Limited Partnership (Principal) Arch Insurance Company (Surety) By: By: c:: \.. 2<,<r~ Raymond E. Gall, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY. 135 N. LOS ROBLES AVE., STE. 825. CA91101 PHONE (626) 639-5200. FAX (626) 639-5210 Maintenance Bond -'llrrr='~ . ~ "- "'" - - ,.",,- ~-','- '" ,- - "",,--"'- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~r)fi M H~iUlIW iM iiMillilll!~ Rl[)ft R'~R~)ftOftUll)ft HO!.IlIm~ H_ - -~ State of California } Coo~m ~<-~,w4i. On A~A//'Z~ before me, . x6~# A/~X~;f~ r~, ~ ~'_Doe' personally appeared ~ ~ -"" ~ , Name(a) of Slgner{a) ---- ) - - - - ::::;~:7:7 - ~ I ~ NoIary PublIc. CaIIlomIa I ~.Mv~~~OO7f ---------- --- ~IIY known to me o 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 he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PI8ce Notary Seal NxNe (Wd~ - Signature of Notary Publtc OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent freudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(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 Conservator o Other: 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: Top of thumb here Top of thumb here Signer Is Representing: Signer Is Representing: JlI)'Ui)1i _lTNlFY~~ M~ ~~:w: ~ ~~mm~~~ ~~ Ii Slj Siil~ C 2004 NaIionaJ Notary A88oclation. 9350 08 Solo Ave_, P.O. Box 2402' Chalawortl1, CA 91313-2402 Item No. 5907 Reorder. Call ToI~Free 1-800-876-6827 <::rr,lfil""''''"'''U' cv.' .,"-~. .. -'"C-::-=___~~Jll;'m~""'--" ~;>'-'-'"~~""~"'''''''-''''-''''''-'-(''''''''-'-''-~=-==-'' 1 State of County of California Los Angeles On AUG 1 1 2OlI5 Regina Rangel NAME Notary Public TITLE OF OFFICER personally appeared Ravmond E. Gail NAME OF SIGNER personally known to me . OR . D r@.'~Rk;on.. I :: COMM. 'l3683all fil . ยท . Notary Publlc.calltomla ~ L LOS ANGELES COUNTY ::;: 'T... ~~~~'.~~~u~~~~ 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 ~~~y ~~ed ~ s~e m m~wth~ authorized capacity(ies), and that by m~er/their signature{s) on the instrument the person(s), or the entity upon behalf of wmch the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT D PARTNER(S) D D LIMITED GENERAL NUMBER OF PAGES D AITORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company SIGNER OTHER THAN NAMED ABOVE '~rI'~''f'r'''' Y~'~-"':~'7""";<="'-'~""_. ,,"' .....- . ,'m,"~,w,<,-'<F~ rTr-H' .- .~ '-~.~' ~-- ., - __. "-. '.-P__,'R" '" ",'~~~T1f~ l!tJ'::ff;:l ~ ~ " . POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) , ' its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same O\)llgatlon to be spilt Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appolnbnent at any time. The execution of such bonds and undertakings in purs4ance, of th8$e':.presef.\ts shall be as binding upon the said Company as fully and amply to all Intents and purposes, as' if ~ same h8d, ,Iieeti; ~lilY 'executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. ' This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter sat forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any VIce President, or their appointees designated in writing and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Vice President, the seal of the COmpany, and certifications by the Vice President, may be affIXed by facsimile on any power of attorney or bond executed pursuant, to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ~"::_~.::"""'~"t" ""',"F''''''''m''~~,~'-'1="''-''' '."IT'r"~'-~x'"ri-~'~~~"] "~"'--==-"-"--~-"-'7<'>'-""-"_w,,,,,,~,~;.-;,,,;,c_-':~=:::,",,_' " " . ~~ ~(\ ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. <~)l'TYCCTr '"r- "H p,--",'" "~.".~>"m-~-'_ " ""',~~ ,'~A .~(\ ARCH INSURANCE COMPANY Executed in Triplicate FIRST TERM PREMIUM FULLY EARNED Bond Number: SU 5016518 Premium (Two Years): $100.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That, Hill Drive. L.P. a California Limited Partnershio. as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and authorized to transact surety business in the State of CaUfornia as Surety, are held and firmly bound unto City or San Bernardino. as Obligee, in the sum of Two Thousand Eillbt Hundred and No/I00ths DOLLARS ($2,800.00), for which 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/agreement, dated 00/00/00. with the Obligee to do and perform the following work; to wit: Monumentation ror Tract No. 14746 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. By: California Limited Partnership (principal) Arch Insurance Company (Surety) By: r ,~7.~ Raymond E. Gail, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101 PHONE (626) 639-5200. FAX (626) 69-5210 . Subdivision Performance Bond<dot ~lr[T'~'" n.. - _~n_ CALIFORNIA ALL-PURPOSE ACKNOWLEDQ~ENT IIlllI State of California . } ~ ~~ ss. County of'~ ,.,.<..,0 On ~/"Z~before me,/4.~~?'~~~~ personally :pea~ed /7/~~ "&V2:;~Doe' . Namo(s) 01 Slgner(s) l@. - ~..i.~':'7~7 - f --'''-1 San ItemodIO CounIr _ _ _ ~~~~~~7 ~rsonallY known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heJshelthey 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 NolaJy Seal Above LN~ and official seal. ~ .~~ Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: hl(,IP THur1BPRlrJT Of- :::,I(,NEH Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing: Signer Is Representing: 211li IIm~ _mN~__1li 1IIi~__~~ -= _~gu~~ ~g'ti Sli.1li~!IlIl~ _~Rll:JIIS _>fi)'lll<l 02004 National Notary Association. 9350 De Solo Ave" P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Raon:ter. Call Toll-Free 1-800-876-6827 """ill I iIT:'~'"'~''""''' C,," ' c""?"""'=7~"'" ,CC, , " '" "c~ ,"='''''''"-"'''""~''""''' ''OW''''!!," ,,' r~~]i ~"Hq"~~.~' """ , "'-~~";;!-"""""'.'''''14'"''''';A'c~~~w__ "__" .,."_:!"i'i!!l'~<."",,,,,,,~ ~ State of County of California Los Angeles On AUG , 1 2005 Regina Rangel NAME Notary Public TITLE OF OFFICER personally appeared Raymond E. Gail ~ NAME OF SIGNER ~onally known to me . OR. D r-'~:'" 'REGi~RANGE'L' 1 :t: COMM.I13863et m' Notary PUblfc.Callfomla ~ L LOS ANGELES COUNTY ::0: . . Y. . . ~:~'.~~~~Y~~f proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the ,within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 CLAIME-D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT D TITLE(S) PARTNER(S) D D LIMITED GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV ATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company SIGNER OTHER THAN NAMED ABOVE -if----- ..",- -,"'" - " -' " " ' ~----'T' _ - "~-"-- -.- --F"-" T.'_~~..__.. "..~ -"'~">i"!'''''''i",:,"~,~.,,,,,_.'t~'!'f~~:_';'':'_B=~'.,...."_._'=_. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) \ ' its true and lawful Attomey(s)-In-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on its behalf as surety, and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same O\>ligatlon to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pu~ce, of th8$e~,pl'8$8!lts ~~a11 be as binding upon the said Company as fully and amply to all Intents and purposes, ai If ~ .me had~een: ~uly executed and acknowledged by Its regularly elected officers at Its principal office in Kansas City, M~r1. '- This Power of Attomey is executed by authority of resolutions edopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President. or any VIce President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the po\N8I' and authority to appoint agents and attorneys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such offICerS of the Company may appoint agents for acceptance of process.. This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executed pursuant. to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. --~'."=^^'", ^ ^ 7_~^7~ "" , ~^^.""_''''=^" ~d ~'~"^'C'^" .." ," ^ -. - '~-""'."'"~''''~r~_''Y'-',O-__'''c:,:''T,='C,,:'_e''r''''_'''."r;':r<.'~.~_.."...__.._~..~ '<"'_~ ~^^~ ~(\. ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. ~'"'"iv~"~' . ......(, "IJl'~'T'-"" ...w._'w,.. .r"'.7.....'.~- .'O"Co..-', . :-:".c..W~'l-' -"r~-~"~'tV"~J,E!L!ii.2';"" ~_,_ ,~~ ~(\. ARCH INSURANCE COMPANY Fiocuted in 'IRiplicate FIRST TERM PREMIUM FULLY EARNED Bond Number: SU 5016518 Premium (Two Years); $100.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That, Hill Drive. L.P. a California Limited PartnershiD. as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and authorized to transact 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 Two Thousand Eil!ht Hundred and No/I00ths DOLLARS ($2,800.00), for which the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigus, 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/agreement, dated 00/00/00, with the Obligee to do and perform the following work; to wit: Monumentation for Tract No. 14746 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, SEALED, DATED: August 11,2005 By: a1ifomia Limited Partnership (Principal) Arch Insurance Company (Surety) By: C \ ?'f,~ Raymond E. Gail, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101 PHONE (626) 639-5200. FAX (626) 69-5210 Subdivision Performance Bond.dot - ~- ."-.,~ C", '" '" ,"~""'" ,"', "F'-'~~"" '. "= "",,,,,',,,"'.,_.,~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT " State of California I County of ~~~~ ss. on~d~fore me.~~~~~ Dale r and TIIfe of (e.g" "Jene Doe, 1 personally appeared n~~ ~ - , , Neme(s) of Slgner(s) ~allY known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal PbtNe OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent freudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) 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: Top of thumb here 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: Top of thumb here Signer Is Representing: Signer Is Representing: ~ _ _ lIJIDtilglUglUlfIlI!IlTIBIlIi II II III ~Rimim 1lII!0lU~." _.".,.~ _._ Ii ~N IIInraqml:Jll _ ~ C 2004 National Notary AasocIation . 9350 Os Solo Ave., P.O. Box 2402 . Chatsworlh, CA g1313-2402 Item No. 5907 Reorder. Cell ToU.Frea 1-800-876-6827 '" -" nee ~~, _,_" '",_,,_, "'_."-~,,,...-, '-,,",'-"'~~-C""=T'-_-""""'''~''{'~''?''"")'::~~~'''~~ ~ '__"''''''' State of County of California Los Angeles On .1100 1 1 2IJOS personally appeared Ravmond E. Gail ~ NAME OF SIGNER ~ersonally known to me - OR - 0 J . . ~ ~ . A A & & REGiNA RANGiLA . &1 ...,@"COMM....31831911l US Notary PublJc.CeUfomIa CIl W . LOS ANGELES COUNTY =: J T ~ Y T T. . ~~O~T~P:~U~~~T I Regina Rangel NAME Notary Public TITLE OF OFFICER 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 helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 o INDIVIDUAL o CORPORATE OFFICER TITLE(S) o PARTNER(S) 0 o LIMITED GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER TIIAN NAMED ABOVE -- -~"'~~ "T-""T'/W""-"'-Ti<J ,-- ''''c:'~~'Illii~'"",H""",-,~,."*,.",,, - -,- POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) \ - its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of isSuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same otlligatlon to be spilt Into two or mora bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursl!anc;e, of th.,.e:,pt'8$El':!ts shall be as binding upon the said Company as fully and amply to aU Intents and purposes, as' If ~ "me had_ _~88If, ~u1y executed and acknowledged by its regularly elected officers at its principal office in Kansas City, M~r.i. ' This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and $CCUrate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.. This Power of Attomey Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairmen of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executed pursuant _ to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. ooML0013 00 03 03 Page 1 of 2 Printed In U.S.A. _>,c< ,V. <<~, ,.~'"~ '<M"~,~C" < ~'~F:"C" '~.:;f'''"''P''-c~~~ < "''';::'''-'''~T1~IT,~'''''1}''','f,~,!,,!_-~-,~ " _ ~~ ~(\ ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. ~'~r , . mllf~r"'~'~T' "'J" ',^"T<~-"~"'-"~["T"']"T-~' ~~'''1jn~"v'T.~'.f'''"'Tl~~'~''',''''''''"u ,,-~ """"," -.. /' ... jUL-13-2005 WED 02:30 PM Arroyo/Caldwel I&Moreland FAX NO, 909 888 3422 p, 01 ACJJBQ. CERTIFICATE OF LIABILITY INSURANCE I DATI (MMlIlMVYYl 07/13/2005 PAO~IR (909)889-0295 FAX (909)888-3422 THIS CERTIFICATE IS ISSUED AS A MATTER OJ' INfORMATION Arroyo/Caldwell , Morel.nd Xnsur.n~e Servi~e5 ONL. V AND CONfERS NO RIGHTS UPON THE CERTIFICATE 685 Carnegie Dr., Suite 180 HOLDER. THIS CERTIFICATE D~7S 1~~T ~~E~&, EXTE~:L~~. ALTER THE COVERAGE AFFOR ED ! P LICI!S II . P.O. Box 6185 San Bernardino, CA 92412-6185 INSURERS AFFORDING COVERAGE NAIC" INSURED Gardner constru.:t,on " DevelOpment. Xn~. ETAL INMEA'" Interstate Fire I Casualty Co 5B 46 Partners LP; Red1ands Swim I Tennis LLC INSUR;R a: Netherlands Ins. Co. 24171 Hill Drive, LP INSUII!/lC, S5S Cajon Street, #G INSURiR D; Red1ands, CA 92373 INSUReR e, V THE POUCIES OF INSUFlANCE UmD BaoW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWrTHST ANDING AH'1 REQUIREMENT, TERM 0fIl CONDITION OF AH'1 CONTFlACT OR OTHER OOCIMENT WITH RESPEOTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BV THE POLICIES DESCflll!lEO HEREIN IS SUBJEC'T' TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGR!GATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAlO CLAIMS. 1N8Il SHOULD ANY llI' THE AIIOVE DIBCRlBED POUCI!S 8E CANCELLED SEPDRE THE EXPIRATION DATE THERROF. THIllSlMNG INSURIIR WILL ENOIlAVOR TO MAlL ...ML. DAYS WRITTEN NO'l1CE TO THE CEIml'lCATE HOLDEII NAMED TO THE LeFT. BUT FAlUJRE TO MAIL SUCH NllT1C& SHALL IYPOU NO alLIGATION OR LIABILITY OF ANY lCIND UPON THIIIN8URER, ITS AGENTS OR RJPRUI!NT ATlVR Al/THDRlZED REPRElmATlVe ~ ......-:::. . Keith Moreland/JULIE , @ACORD CORPORATION 1988 A TY~E DP II'ISUIlANCI! GIlNEAAL I.lAIILITY COMMI!rlOlAL GEI\IERAL LIABILITY CLAIMS MAD; [!] OCCUR IolEO EXP (MY"" po....,,) PiR6ONAI. . ArN INJURV G!NIIIAL AGGREGATE PRODUCTS. COMPIOP ABG RAC/1 ClCClJRFlENCI DAMAGE TO AEN~ UIolrTS $ $ $ $ $ . BA964409a 01/20/2005 01/20/2006 COMIIlNeD SINGLE UMlT IEAoo:oicIorlll B BODilY INJURY (Par paIIan) 80011. Y INJURY ~''''''''''l PROPERTY DAMAGE IP" ...llIaIltl DEDUCTIBLE MTWNTlON $ WORICIIlS COUJIINlIATIllN AND llMI'LOVIM' UAIlUTY ANY PAOPRIIOI'OIWAllTNERiElCl!ClJTIvE OFPlOl!Allol!Iol_" IXCLUDI!P7 "~. cillcllbI unClllr SPl!CIAL PROVISIONS .GlGw OTHIIl AUTO ONly.1!A ACCIDENT EA ACe OTHER THAN AUTO ONly: AGB RAC/1 OCCURRENC; AGGIIEGATE D_El!CRII"l1ON OP OPeRATlONIll.OeATIONS I VIHICI.IlS IIXOLUSIONS AIlIll!D BY ENlIlllISl!IlENT I SPICIAL PROVISIONS au: Tra~t #14746 'The City of San Bernardino, The City of San Bernardino Municipal Water Department. their Council mbers, Comnrissioners, Officers, Agents, Employees, Consultants, and Engineers, and all pub1i~ gencies from whom perwnts will be obtained and their Dire.:tors, Officers, Agents, and Employee are ereby additional insureds per attathed forms." Such insurance is primary and non-.:ontributory. ';"'.' The City of San Bernardino and The City of San Bernardino Municipal Water Department P.O. Box 710 San Bernardino, CA 92402 ACORD 25 (2001108) $ $ t . ~ , . " ." "~F. " "'",." . inr" . ,..."...."~~. oC.'" ,- ., ,.,.. .. ...."..."''''..''''"'.,.,,~., "'"''''j''1'''''''''''''''~_j''''''''''' JUL-13-2005 WED 02:31 PM Arrovo/Caldwell&Moreland FAX NO. 909 888 3422 p, 02 POLICY NUMBER: #AGLl400376 GARDNER CONSTRUCTION & DEVELOPMENT INC, ETAL COMMERCIAL GENERAL L1ABIUTY CG 20 100397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, lESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of San Bernardino, The City of SIn Bernardino Municipal Water Departmtlnt, their council members, oomml..loners, oMcel'l, agents, employees, consultants, and engineers, and all public .genelt. from whom permits will b. obtained and their dll'8Ctol'l, officers, agents, .nd employees are hereby declarsd to be additionallnsurects under the terms of this polley, but only with rsspect to the operations of the oontractor at or upon any of the premises of the department In connection with th. contract with the department, or acts or oml.slons of the additional Insureds in oonnectlon with, but limited to Its g.n....1 supervision or Inspection of .ald op....tlons and .ave for any claims arising from the sole negligence or lole willful misconduct of the department's engineer or the department. .-...~- FIE: Tract #14746 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for ~at insured. ~..Ae~:J ,.. Authorized Representative i CG20100397 Copyright, Insurance Services Office. Inc., 1996 Page 1 of 1 CI ~.' .,.......~ . ~......._". ""or .,~, ,~.'.. ~r '.,..,' '~'Z,:.",..",. /~"""''''rlf=''Y='~7-"'~'''i!fXi'~''Tr''""-"".,, . .".",.""~..o,,,,,,,,'"7 JUL-13-2005 WED 02:31 PM Arroyo/Caldwell&Moreland FAX NO. 909 888 3422 P. 03 Forming II part of Poliey Number: :BA964409B Coverage Is Provided In Named Insured: Agent: GARDNER CONSTRUCTION & DEVELOPMENT INC CALDWELL & MORELAND INSURANCE SERVICES Agent Code: 05360 Agent Phone: (909) 889-029. THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGe FORM The person or organization shown In Ihe Schedule is an insured to the extent of their liability for the conduct of an insured under Section II.Liablllly Coverage of this poRcy. SCHEDULE THE CITY OF SAN BERNARDINO. THE CITY OF SAN BE1UWU>INO MUNICIPAL WATER. DEPAR'IKENT. THEIR COUNCIL MEMBE1S, COMMISSIONERS. OFFICERS. AGENTS. EMPLOYEES, CONSULTANTS, AND ENGINEERS. AND ALL PUBLIC AGENCIES FROM WHOM PEBMITS WILL BE OBTAINED AND THEIR DIRECTORS. OFFICERS. AGENTS, AND.~LOYEES AU HEREBY DECLARED TO BE ADDITIONAL INSUlEDS UNDER 'XRE TEBMS OF THIS POLICY. BUT ONLY WITH RESPECT TO THE OPERATIONS OF THE CONTRACtOR AT OR UPON k.NY OF THE PllEMISES OF THE DEPAlTMENT IN CONNECTION WITH THE CONTRACT WITH THE DEPARTMENT. OR ACTS 01 OMISSIONS OF THE ADDITIONAL INSUREDS IN CONNECTION WUH. BUT LIMITED TO ITS GENERAL SUPERVISION OR INSPECTION OF SAID OPERATIONS AND SAVE FOR ANY CLAIMS ARISING nOK THE SOLE NEGLIGENCE OR SOLE WILLFUL MISCONDUCT OF THE DEPARTMENTt S ENGINEER 01 THE DEl'AR'l:MENT. JOB: TRACT 14746 ~;:) Autho zed eprllulltative ''ii.' GECA 812 (10/96) ~~"~ ". , ">d", ' ~ '"'' , ~"U".'''~' 'd:' "., '-"'Tf~. ",', "',''''''_n"~d ""''1'.'''''1'''' ""e"p T '::':""""""J~~'.::''''<!'':'t~.''''l' ~ JUL-13-2005 WED 02:31 PM Arroyo/Oaldwell&Moreland FAX NO, 909 888 3422 p, 04 .' Sol CERTHOLDER COPY STATE COMP.NSATION INSU"AHC& r=U'ND P,O. BOX 420807, SAN FRANCISCO.CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-07-200& GROUP: POLICy NUMBER: 1518388-2005 CEATIFICA TE 10: 31 CERTIFICATE eXPIRES: 07*01-2008 07-01-2005/01-01-2001 ~.:TRACT '14748 THE CITY 01' SAN BItANARDIND AND THIl CITY OF SAN BEIlHARDIND MUNICIPAL WATER DEPARTMENT P.O. BOX 710 SAN BERNARDINO CA 12402 This is to certify lhat we have issued . vlllld Wgrkeri' Comp__t)gn Inlur~c:e policy In _ fgrm approved by the California Insllr~ce Commissioner to the Ii'\'lIlloyer nllTlld lMIlow for the polIOV period indIcated. This policy is not subject to 11011C8l1atlgn, by th. Fund excepl IIpgn 30 days advlnce written notice to till IlmptllY", We will also give you 30 dIIyw odvanca notillll slloulll thil poliCY be Clncell~ prior to il$ normal explrllign. This certific.ste at inlurlll'lce is oat 111 insLll'lIlCe policy .,d don not _d. extend or altar the "overage IUorlHd bV the policy liltld herein. Ngtwltl1lt1ndln~ fI'IY requlr_~ term or candlllon of Il'I'f contrlCl or ather document with re.pllcl to wllioh this cartitloate of InS!.ll'IIlCle !lilY ba ISllled or to whioh It may pertain. the Insurll1ce Iffordod by th, policy described herain Is subject 10 all the lerms. ellolllllOl1S, and cgndltlons. ot sllCh polley. ~ /J~t. ~ - AUTHORIZED REPRESENTATiVe ~'_ PIl!SIDENT EMPLOYEIl'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000.000 PER OCCURRENCE. ENDORSEMENT #1800 - NARK GARDNEIl PRESIDENT SECRETARY - EXCLUDED. INDORSEMENT IUIOO - HUBERT GARDNER VICE PRESIDENT TREASIJItER - EXCLUDED. ENDDRSEIIENT #2085 ENTITLED CERTIfICATE HOLDERS' NOTICE EFFECTIVE 07-01-2oolS IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDOIlSEMENT 12170 ENTITLED WAIVER of SUIRDGATIDN EffECTIVE 20QI-07~Q7 IS _ ATTAOtED TO AND FOIUIS A PART DF THIS POLICY. THIRD PARTY NAME: THl! CITY OF SAN BERNARDINO AND THE CITY OF - I'MPLOYER .. GAAlIoIER I;ONSTRUCUON . DEVItLOPMENT. INC. SlI 11111 CAllON ST STI G RiDLANDS ~ 12373 [B10,SJ] PRINTED 07-13-1001 l~ev.2'O.1