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HomeMy WebLinkAbout2005-339 ~ ~ , T~ "~~""'''r''.-'''' ~ "-. -~ ..~._- _,..-,~""--'=7",'__'__>C=_.._,,.'q"~;W!~-"~O":'_=.-c":~,-.oo]fr '>~e:-_,~?,C09~~"'-f~"_:;'L'C1~"""'^"''';"~T.-.c_''''''''''''_''-~i'F-''"';~~'I'".[;on";;1.""l~;:'fE:::~~:~-;::~:~:~"'nr1"'r."._"".!"'__~ _ _.,,___ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ' Richmond American Homes of California, Inc., for improvements in Tract No. 16509-3 (lots 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-339 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 16509-3 (LOTS 60 THROUGH 73) LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITIt RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM TERMS OF STANDARD FORM OF AGREEMENT FOR TRACT NO. 16509-3 (LOTS 60 THROUGH 73) AS APPROVED BY RESOLUTION NO. 2005-114 DATED MAY 16, 2005. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLWWS: SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 90-427 with 60 through 73) as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawings approved and on fIle in the office of Development Services of the City of San Bernardino. SECTION 2. Standard Form of Agreement for Subdivision Tract No. 16509-3 as approved by Resolution No. 2005-114 dated May 16, 2005, with University Park, LLC is hereby cancelled by mutual consent of the City and University Park, LLC. , ,,,,,,^^,~" ^ ----,- ,^- r n,,,,,, -, - ,~->-~" c"H~''-~~- _0'" -"'~D:7;::"!!':]f-'~"'C.""~"-.rrr"''''~--~"'''~'''''''' ",__=;.f'"-"",",_<_"'-:":'~r'-~_ -,"'''',- ,~""- ""';_'''-"':~''.1':S7'-~~~~~1~~~2T2f:'-~::"!=!::'f1iF~>~''',t,'''"" ,,__ ""'_ 2005-339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 16509-3 (LOTS 60 THROUGH 73) LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE ^ SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM TERMS OF STANDARD FORM OF AGREEMENT FOR TRACT NO. 16509-3 (LOTS 60 THROUGH 73) AS APPROVED BY RESOLUTION NO. 2005-114 DATED MAY 16, 2005. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this Resolution. SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III __~;:'__"_w,,<'"<'~s"~~_.,~.,w,..~- ,', <, < ",' "~', "..'"'''' '" ", -', ' '" '""~~"_..""~" -,~-",~~~,~-,=~'""""" """,,'-"''''~ 2005-339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 16509-3... I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint regular and Common Council of the City of San Bernardino at a meeting thereof, held on the 17th day of October , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE ~ MC GlNNIS x DERRY x x KELLEY JOHNSON x MC CAMMACK x Q~h.~ City 'oerk -- The foregoing resolution is hereby approved this L day of October , / 2005. Approved as to Form and legal content: JAMES F. PENMAN, City Attorney _qN"'f'jHrp,,"-~,' ,. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '_r '''~...._' '.,.mN~'~__ AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this l~-! day of ~ ,2005, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Richmond American Homes of California, Inc., hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract No. 16509-3 (lots 60 through 73); and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, D. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and, E. WHEREAS, This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code. 1 ~,Jf~~,,;,:,=~,,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'fU - . '=""'~""',~.".,,'..h'.'.~~<'!':1','''-'~.''- '" '"'''' '~""~"', ,- NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades, to, be Fixed by Engineer;,All of said work is to be done at the places, of the materials, in the manner, and at the grades, all.asshown 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)iability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 2 ~<-".../!l;'<.",.~: I"t"""~::':?:":2'''"'''.~'''''^' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Y'iF7'.C'" , 'j ,"OT '" 00_ 00 -'~'O,,-. 0 , ~ 5. Repairs and ReUlacements. Stibdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subjecUo the approval, of the City Engineer. 6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area, delineated on tbe map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence bv Subdivider. Subdivider shall gIve personal superim~ndence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 ~"!"'_i",~T.'$~"ill':"i'C .., __'<C'.""" ""_...~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~r' m~.. . ....., ~. '-""",,,,,'~-~-"'""""Il! 9. Inspection bv City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvements and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent(50%) of the total estimatedccost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (I) year foUowingthe completion, and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 ~~e~__~ ". <<e -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w" "" <<,<.<"'~-- < 11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained' and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. (a) Worker's Compensation Insurance/Emplover's Liability Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdivider's employees employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and 5 -r ''"f'''''-<<''T'<T'--I-T~- < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .~< <"'.. " "<<<<',~~< , maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liabilitv Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of anyone occllrrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph II insures any entity, person, board or commission other than those mentioned" in this paragraph, such policy shall contain a standard form of 6 ~ ""i r ~'''',' , ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~, "" ",_" ,m,,', 'T" cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (1) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Iniury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required, and .evj~ence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction 7 ._...,.,...d,,",,''''''''~'''~''.''~''~~'''-'''' ...~~ . ~'T" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .~. in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees ofthe City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly, (including from the negligent performance by its officers, employees, agents) from the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 Of!' Iii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. .~ ~..".....- acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or 1he 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 Imorovements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Reoair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work 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 require[llents of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and'without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act 9 ~""o,=,~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _~u>' '~, -"" " 'F" ~~"'_""Y , , "..,,, '''''~,- promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Insoection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision, Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. ",}9. Breach of Agreement: Performance bv Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that it the surety, within five days after the 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 serving upon of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 20. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. (a) Notices required to be given to City shall be addressed as follows: City Administrator City Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Richmond American Homes of California, Inc. 1305 Corona Pointe Court Corona, California 92879 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: Hartford Fire Insurance Company c/o C & D Bonding Insurance Attn: Kelly A. Jacobs, Attorney-in-Fact 1800 Lambert Road, Suite 210 Brea, CA 92821 Phone: (714) 256-0691 Provided that any party or the surety may change such address by notice in writing to the other party, and, thereafter, notices shall be addressed and transmitted to the new address. 11 r '~'~'~""""%'~"""'~""""""""""f~~~'.=-'~-'-~'~-' .,='-"----"-"~'l"'''''''' M'il'T T'3'll'-"'''''r'tr-''-''''--m''_-'""-~~-,,,,,I~'''L' "fl"""" " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal representatives, successors, heirs and assigns. II II 12 " "0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~!r'~' 'T~- - r ," .~.V"'=~-~~-' _ ',;. :'. ~"""""""""""Or'="~""''''''''"'=-"''':''''''<'''.-:-:':_,.......,~"O~' AGREEMENT (Subdivision Improvements) IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: ca~ k1.~. Approved as to form and legal content: JAMES F. PENMAN, City Attorney, By: alles, Mayor fSan Bernardino SUBDIVIDER: Richmond Inc. It By: 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ""''''''''''f 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. ) ) ss. ) STATE OF CALIFQRNIA COUNTY OF /hmJfiJJ On this /0 day of 5tJ4~ , 20~ before me, the undersig!1ed, a Notary Public in and for said County and State, personally appeared Br{ iU1{)JOf7l:h.J pers~nally know to me (or proved to me on the basis of satisfactory evidence) to be the VLU President, and - personally known to me (or proved to me on the basis of satisfactory evidence) to be the - of the corporation that executed the within instrument, and know to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. .,1Mp?u No S' ature (This area for official seal.) J..1 MARY'T. COlON ~ , =~=. .. -~~~T 14 ~~""'"w''''P'~'P''' "~"'"""llT ,,"" '~m"'""r """.. "PP"""'~'" "."'~" ,.. '.-"l"'7'.:'''''''''''O''~~~<-:''''"=''lI'ffili! Bond No. 83BSBDM0060 FAITHFUL PERFORMANCE WHEREAS, the City of San Bernardino, State of California, and Richmond American Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement wh.ereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as University Park, Tract 16509-3, (Lots 60-73), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called "Obligee"), in the penal sum of One Hundred Twenty Five Thousand and 00/1 OOths Dollars ($125,000.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition ofthis obligation is such that if the above bounded ~rincipal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on September 19, 2005. (Principal) Richmond Ame . California, I . By: Title: 'RrItnI Wt-:.....& v.P. of Land AcquJaltiaD 1IId'~t ATIACH NOTARY ACKNOWLEDGEMENT, ATIACH POWER OF ATIORNEY (Surety) Hartford Fire Insurance Company / LOCAL SURETY AGE T: C & D Bondin~ Insurance 1800 Lambert Road. Suite 210 Brea. CA 92821 (714) 256-0691 _C~",'g>p,c, '," ',' - " or '",~,_ ,'"'' "~'~'~"''', ," , " ' =" " . . ,-, - ,-,,0 ""--'=--""""F~'-"'''!:~''_;?'''B'0'''::;''~'''-,1'G'O':~o:S,&:71~:l~:::~;:?!~,."..:,_:y~~ Bond No. 83BSBDM0060 LABOR AND MATERIALS WHEREAS, the City of San Bernardino, State of California, and Richmond American Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as University Park, Tract 16509-3, (Lots 60-73), is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Bernardino (hereinafter designated as "Obligee"), to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of a Sixty Two Thousand Five Hundred and 00/100ths Dollars ($62,500.00), for materials furnished or labor thereon Qf any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) ofPart 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on September 19,2005. (Principal) Richmond American Homes of California, Inc By: Title: V.P.~&4l 'qt.~ , ATIACH NOTARY ACKNOWLEDGF.flmNT A TI ACH POWER OF A TIORNEY (Surety) LOCAL SURETY AGE C & D Bondin~ Insurance 1800 Lambert Road. Suite 210 Brea. CA 92821 (714) 256 -0691 '~C~",,"""'"""~'" , ="" ,-~~" ,"" ""-~"~~TT~mr<i<:i>'~-~"""""""ir'r "-"~'N"'rTr"::~",~L~"""",=_ State of Illinois} } ss. County of Dupage } On Seotember 19. 2005, before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf ofthe said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires ,,/ / ,/ OFFICIAl SEAL JENNIFER J MCCOMB NOTARY PU8t.1C . STATE OF UINOlS t.f( COINSSlON EXPlRES:~ '-!~"",",., ,~--,'~ ,', "--'''~'' ,~, .....e' ~~. '_ .. " ^""'_'..i.-?".""=~,,,,,,,,~ State of California ) ss County of Riverside ) On September 23,2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal ~ ~~, u o,;.u.:. .., -I - e CommIuIan il151U9t . NokIry NlIIc . CaIfaInIa .... Ccu1Ir 1_ _ _ ~~';'_~17.:.~ Lynn F. Whitesell My Commission Expires on 2/27/09 -. --=-:,=,r"'::&~7""'Tlilln T '~"-r'''~j;'~lr~~r . -- Direct InqulrleslClalms to: POWER OF ATTORNEY P.o.B:~~P=~1~~:~ENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 83.550208 ED Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ED Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ED Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana ED Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of l1Iinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies.) do hereby make, constitute and appoint, up to the amount of unlimited: James Scheer, Michael J. Scheer, James I. Moore. Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan. Peggy Faust. Kelly A. Jacobs. Elaine Marcus, Jennifer J. McComb of Westmont, IL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above. to sign its name as surety(ies) only as delineated above by 181. and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Q. ... .... .... e. (~~ €o.') ~ . ~. ..' ~;t"":',N'~...': ~~O Qt. ~>>-/ ()~ ?~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 4th day of August. 2004, before me personally came David T. Akers, to me known. who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Pasco Notary Public CERTFlCATE My Commission Expires October 31. 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of SEP.TEMBER 19, 2005 Signed and sealed at the City of Hartford. @ L)~pg e.e @ .._..__n_"'._"'-"""" ~02~~;!:-l:;c;:::J~::L~"f';"~ ~ ,~~"" 'w~ ~ -~~<" 'Bond No. 83 BSBDM0061 MONUMENT BOND WHEREAS, Richmond American Homes of California, Inc., as Principal, desires to record a final map for the development identified as: University Park, Tract 16509-3, (Lots 60-73). WHEREAS, pursuant to Article 9, Chapter 1, Division 2, SUBDIVISION, of the Government Code of the State of California, the interior monuments shown on said final map need not be set at the time the map is recorded and said Principal wishes to have the interior monuments set after the time the map is recorded. Said Principal agrees to furnish a security guaranteeing the cost of setting such monuments. NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in the sum of Four Thousand Two Hundred and OO/lOOths Dollars ($4,200.00), lawful money of the United States, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: if the monuments are set on or before , and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, if any, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or to the work to be performed thereunder of the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 19, 2005. (Principal) (Surety) Richmond American Homes of C~f~ By: Title: ....1VbodI ~P.aftaD4"~"'~L 1af'1~~ ATIACHNOTARY ACKNOWLEDGEMENT ATIACH POWER OF ATIORNEY (university park-tk3-monument.doc) Hartford Fire Insurance Company LOCAL SURETY AGENT: C & D BODdin~ Insurance 1800 Bondin2 Road. Suite 210 Brea. CA 92821 (714) 256-0691 ~~';:';:::;:"--~~::::::O~---:-"P--C~~i~-r-' ___-co__,.,.,,,_",.,., ,p""~"p,"c~"r,,,p'TTc---'" "-,, 'c-'" '0 -UP State of Illinois} } ss. County of Dupage } On September 19.2005, before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Comoanv the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. - OFFICIAL SEAL I NOT~~NpuN8UC'FER J MCCOMB MYC ., STATE OF ILLINOIS l..... OIMSSlON EXPlReS:09Q3.W r'""~" ""~""".." . "T'" -''!" ~...." .~., -", . '"",n." - .'T"'IT"' , M', ..~... --, . ".-;.,,,,~,.,.c:,~,~-"'1';., '" ''''.~_.~. ____".~, State of California ) ss County of Riverside ) On September 23, 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian Woods personally known to me to be the person who executed the within instrument. Witness my hand and official seal ... ru":::~u- -I -e COm.L~.i.V::-U.151U91. . I' NoIaIy N:lIIc . CGIbnIa ...... eo..nv _ _ _ ~~::;'_~2:~ ~ u ~-P ary Public in and for said County Lynn F. Whitesell My Commission Expires on 2/27/09 "I!IIJlliifG;it~~-""~rw~--. ~., .. '---''''.'' - W-.=_T~___ -r'~ '"n~''' ,.,.. .1 '-",_Wr'--"-~-- "... ... ,. """,._, _...-T- ,_~_.ott'"~~"",,,,~ Direct Inquiries/Claims to: POWER OF ATTORNEY P.o.B~~:P~:;1~~~~ENUE HARTFORD, CONNECTICUT 06115 call: 888.266.3488 or fax: 860.757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 83.550208 [K] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut [K] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [K] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana [K] Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State oflllinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs. Elaine Marcus, Jennifer J. McComb of Westmont, IL their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above. to sign its name as surety(ies) only as delineated above by 181, and 10 execute. seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Wltn..s Whereof. and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed. duly attested by its Assistant Secretary. Further. pursuant to Resolution of the Board of Directors of the Companies. the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. e. ......... .... ...- t~~ 0..: ~. . ~ .., ,~t.....,;...,.~ f c.....,O C{. ~ () ~ '7 ~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} 55. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004. before me personally carne David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies. the corporations described in and which executed the above instrument; that ha knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scali E. Paseka Nolary Public CERTIFICATE My Commission Expires October 31,2007 I, the undersigned, Assistant Vice President of the Companies. DO HEREBY CERTIFY that the above and fonagoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is stili in full force effective as of SEPTEMBER 19. 2005 Signed and sealed at the City of Hartford. @ D~~g e.. o ~-,. .~. . ACORD", CERTIFICATE OF LIABILITY INSURANCE Pag. 1 of 2 I DATI! 08/05/2005 PROOUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMAnoN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willi. North America. Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P. O. Box 305191 H..hv!ll., TN 372305191 INSURERS AFFORDING COVERAGE NAlC# INSUREO MDC Holding., Inc. INSURER A: American International S..ecialtv Lin.. In 26883 -004 ~ Richmond American Home. of Cali fornia. Inc. INSURERB: American Home A..urance C"""'anv 19380-001 1305 Corona Point Court Corona, CA 92B79 INSURERC: AUecriant In.urance Company. Inc (A RRG) R3535-001 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Y A TYPE Of INIIURAIlCE GENERAL UAIIIUTY POlICY NU_R GL 148-86-23 GENERAL AGGREGATE PRODUCTS. COMPlOP AGG COMBINED SINGLE LIMIT (E._I) s BODILY INJURY (Par person) s BODILY INJURY (Par accldonl) s PROPERTY OAMAGE (Par-.) s C GL 002 AUTO ONLY. EAACCIDENT EAACC AGG OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE EXCESS LIABILITY o CLAIMS MADE B B B RETENTION S WORKERS COIIPENSA11OIl AND EMPLOYERS'LIABIUTY N4V PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? ~C:'~~~::-~S_ OTHER Product. I Completed Ope Liability $3.000.000 .ach Occurrence $18,000.000 Generel Aggregate 7/1/2005 7/1/2005 7/1/2005 7/1/2006 7/1/2006 7/1/2006 A . II E.L. EACH ACCIDENT S E.L. DISEASE. EA EMPLOYEE S E.L. DISEASE. POLICY LIMIT S WC 121-28-03 AOS WC 121-28-05 PL WC 121-28-04 CA DESCRIPTION Of OPERA11OIlSILOCATION8/YEHlCLEllEXCLUSIONB AIlIlEO BY INllORSEMENTISPECIAL PROYI8IONS Re: Regency at University Park City of San Bernardino is named as Additional Insured as respects to the General Liability policy. CERTIFICATE HOLDER CANCELLATION lHOUUl Nf'( Of THE _ 01_ POl.JCI!I BE CAHCILLED 81F0RI! THE EXPtIlAT10H DATI! THERIOP. THE IISUlHG INSURER WILL ENDEAVOR TO MAlL .1!- DAYS WNTTEN NOTICE TO THE CER11I'1CATI! HOLDIIlNAMED TO THE LEFT, BUT FAIWRI! TO DO so SHALL IMPOSE NO 08UGATION OR LlABIUTY OF Nf'( KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIYES. AUTHORIZIlI PRl!IENTL: City of San Bernardino Attn: lIike Grubb. 300 Korth D Street San Bernardino. CA 92418 @ACORDCORPORATlON 1988 ACORD 25 (2001108) Coll:1369912 Tpl:383925 il!lii~""""'-~" "" -eec" "=-,- """"""1 ""_~-","_' '_ "__ -, """W ""_""-_"-~~_"~" ---~- -__T__"~~~ Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Coll:1369912 Tpl:383925 Cert,60770U