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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Resolution approving Standard Form of
Agreement for Subdivision Tract No. 10260
located North of Rill Drive and West of
Mayfield A venue with Gardner Construction
& Development, Inc., with time of
performance specified, and authorizing release
of John C. Reers, Inc. from terms of Standard
Form of Agreement for Subdivision Tract No.
10260 as approved by Resolution No. 85-434,
dated October 2 I, 1985.
Dept: Development Services
Date: September 12, 2005
File No: 11.03; TR 10260
MCC September 19, 2005
Synopsis of Previous Council Action:
10/21/85 Resolution No. 85-434 adopted approving an agreement with John C. Reers, Inc. for Subdivision
Tract No. 10260, located North of Rill Drive and West of Mayfield Avenue, accepting the
dedications as set forth on said map; and authorizing execution of the standard form of agreement
for the improvements in said subdivision, with time for performance specified.
Adopt Resolution.
~~
V James Funk
Contact Person:
Mikp Gmhh~ FnlJ M:m:llJPr/Fip]c1 FnlJinppr
Phone: ';179
Supporting data attached:
Staff Report, Reso & Map
Ward:
4
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Acct. No.) N/A
(Acct. Description) N/A
~. ~ooS-".3..u
Finance:
Council Notes:
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Agenda Item No. I to
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Standard Form of Agreement for Subdivision Tract No. 10260 located
North of Rill Drive and West of Mayfield Avenue with Gardner Construction & Development,
Inc., with time of performance specified, and authorizing release of John C. Reers, Inc. from
terms of Standard Form of Agreement for Subdivision Tract No. 10260 as approved by
Resolution No. 85-434, dated October 21, 1985.
Background:
On October 21, 1985, Resolution No. 85-434 adopted approving an agreement with John C.
Reers, Inc. for Subdivision Tract No. 10260, located North of Hill Drive and West of Mayfield
A venue, accepting the dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improvements in said subdivision, with time for
performance specified.
John C. Reers, Inc. has submitted a letter (copy attached) requesting that John C. Reers, Inc.
be released of obligations under terms of the Standard Form of Agreement for Subdivision
Tract No. 10260 and that John C. Reers, Inc. bonds be released. In exchange, Gardner
Construction & Development, Inc. has agreed to enter into a Standard Form of Agreement for
Subdivision Tract No. 10260 and post bonds to guarantee compliance with terms and conditions
of the Agreement.
Attached is the Standard Form of Agreement for Subdivision Tract No. 10260 executed by
Gardner Construction & Development, Inc., including the required faithful performance bond,
labor and materials bond, monument bond and the certificate of insurance, naming the City of
San Bernardino as additional insured for the project. The bonds are issued by Insco Insurance
Services, Inc., which has an A.M. Best rating of A- VI, which meets the requirements of the
Development Code.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
2
Sep 12 05 12:25p
~9/12/2005 09:49
Bill
9097480050
(970) 377-1131 p.2
GARDNER CONSTRUCTION PAGE ~2
John C. Heers, InC.
8028 Park Hill Dri...e
Fort Collins, CO 80528
Ph. 970-391-9944/Fax 970-377.1131
September 12, 2005
By Facsimile to (909) 384-5155 and U.S. Mail
Mr. Miebael Grubbs
Field EngineerlEngineering Manager
City of San Bernardino
300 North "D" Street, 3'~ floor
San Bernardino, CA 924]8
Re: John C. Beers, Jnc.: Release of Bonds and cancellation of Subdivision
Agreement for Tract 10260
Dear Mr. Grubbs:
On behalf of John C. Heers, Inc. we hereby request that its Subdivision
Agreement be cancelled and its bonds covering Perfonnancc, Labor & Material and
Monument ("Documents") for Tract 10260 be released.
Please be acivi.sed that:
I. John C. Heers, Ioe. conveyed its interest in Tract 10260 to Gardner Construction
& Development, Inc.;
2. Gardner Construction & Development, Jnc. will complete the installation of all
utiliti~. street infrastructure and improvements;
3. Gardner Construction & Development, [n.c. wilJ construct 8I'ld market homes in
accordance with San Bernardino City requirements;
4. Gardner Constnlction & Development, Inc. will do alllhings necessary to permit
the release of the house fot occupan.cy;
5. John C.Heers, Inc. wi11 have no further responsibility for Tract 10260 other than
guarantees and warrantees to Tract 10260.
6. John C. Heers, Inc. acknowledges the faet that Gardner Construction &
Development, Inc. has provided th.e City of San Bernardino with a substitute
Subdi.vision Agreement and bonds coveting Pe:tfonnance. Labor and Material and
Monum.ent for Tract 10260.
Thank you for your attention to this matter.
Se~12.05 12:26p
09/12/2005 09:49
Bill
9097480050
(970J 377-1131 p.3
GARDNER CONSTRUCTION PAGE 03
Michael Grubbs
September \2, 2005
Page 2
Very Truly Yours,
tu~ ti1 /~J ?ref:,
John C. Heers ..:i:N L.
Authorized Sig."atory
cc: Mr. James Funk
Mr. Mark Gardner
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RESOLUTION NO.tO rPY
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 10260 LOCATED NORTH OF HILL DRIVE AND WEST
OF MAYFIELD A VENUE WITH GARDNER CONSTRUCTION & DEVELOPMENT,
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF JOHN C. HEERS, INC. FROM TERMS OF STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 10260 AS APPROVED BY
RESOLUTION NO. 85-434, DATED OCTOBER 21, 1985.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard fonn of agreement adopted by Resolution No. 90-427 with
Gardner Construction & Development, Inc., for improvements in Subdivision Tract No.
10260 as are required by Title 19 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for perfonnance 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 Fonn of Agreement for Subdivision Tract No. 10260 as
approved by Resolution No. 85-434 dated October 21,1985 with John C. Heers, Inc. is hereby
cancelled by mutual consent of the City and John C. Heers, Inc.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 10260 LOCATED NORTH OF lULL DRIVE AND WEST
OF MAYFIELD AVENUE WITH GARDNER CONSTRUCTION & DEVELOPMENT,
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF JOHN C. HEERS, INC. FROM TERMS OF STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 10260 AS APPROVED BY
RESOLUTION NO. 85-434, DATED OCTOBER 21, 1985.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 10260...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the _ day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Gardner Construction & Development Inc.,
hereinafter referred to as "Subdivider."
RECIT ALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract 10260; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map poor 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.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be withinz.Yl'1cNTEfrom the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utili tv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall gIve personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation InsurancelEmployer'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
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the term "personal injury"
shall be defined 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 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
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in coverage of any policy during the effective period of this Agreement.
13. Hold HarmlesslIndemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acti~g as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold hannless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'sIDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from SubdividerIDeveloper's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Gardner Construction & Development Inc.
555 Cajon Street, Suite G, Redlands, CA 92373
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
L,J5co 1 rlSu(tllrJcC _)t.:1l..l/l(t~
J 7710 rIfe t-I } Sn-:: 1..00, Tr<..t//--JC cA 9<-6/~
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
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benefit of each of the parties and their respective legal representatives, successors, heirs and
asSigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
City Clerk
Approved as to fonn
and legal content:
JAMES F. PENMAN,
City Attorney,
/I
'I
By: ~~ f
o
'"
"t~
12
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino
SUBDIVIDER:
By:
By:
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
'~~..i!5("vi!'X"'~~~.r:c~~Jhi('"~.c<-~vC<".,.c.cR:(>~~~~~~~~~.lilUf'iCA'X"..r:.<'.c<'~~
On
appeared
personally
-
1~- :.:L~~;7:7 - J
~ -. NoIary Public . Callfomio ~
j , Son Bernardino County f
_ _ _ ~:~:.~e~~:.2~7
~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 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.
/'
/'
,;
Signer Is Representing: /'
/'
,/
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docume
_______ and could prevent fraudulent removal and reattachment of this form to another document.
Descriptio~hed Document
Title or Type of Docume' .
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
C Corporate Officer - Title(s):
o Partner - 0 limited C General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Sign Name: "-,
Individual ~
Corporate Officer - Title(s): "
L.J Partner - C Limited 0 General
C Attorney in Fact
:::J Trustee
o Guardian or Conservator
C Other:
Signer Is Representing:
"
~-<x'&..--o.fX;<'-'v-<X-<:;<~-<<Cy-<X<<-o..-<x'<X'<X'<O(,-<<'&..-~-<<'C<.'&..-'CcZ'<.;v...-<x-<:;<,'&..-'<O<;c<~'<X-<x~.<.;<'.<,-<X~~-<X'<X-<;X
C 2004 ~nal Notary Association. 9350 De SOlO Ave., P.O, Box 2402. ChalSworth, CA 91313.2402 Ilem No. 5907 Reorder: Call Toll.Free Hl(XHl76-6827
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
On this day of , 2005, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors. .
WITNESS my hand and official seal.
(This area for official seal.)
Notary Signature
13
1f'C=::@!
InSC@JlCD
~[P
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine. California 92614 . (949) 263-3300
BOND NO. 7253715
$ 15,950.00
a term of TWO
premium is for
year( s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GARDNER CONSTRUCTION & DEVELOPMENT INC , as Principal,
and DEVELOPERS SURETY & INDEMNITY COMPANY . a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California
as Surety. are held and finnly bound unto
CITY OF SAN BERNARDINO
as Obligee, in the sum of SEVEN HUNDRED TWENTY FIVE THOUSAND
($ 725,000.00 ) Dollars. for which paymcnt,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.1 0260 ,
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hercto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorizcd Attorney-in-Fact at SAN DIEGO
California, this 25TH
day of
AUGUST
2005
YEAR
"PRINCIPAL" "SURETY"
DEVELOPMENT INC DEVELOPERS SURETY & INDEMNITY COMPANY
BY(~ -~~'W((y1{\:\'0
S. SMITH-BOWMAN Attorney-in-Fact
10-1266 (CA) (REV. 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~ffi1('~~.er~~~~..Rit"~,(hC~.Ri("'~~.Iftjt-..i":.C~~~~I>>~~~~8:D~~~~
State of California
Countyof ~?l ~/~L.,~ ss.
personally ::peared ;E:. ~~?'~.:. Jane Doe. ulllic") -
Name(s) of Signer(s)
<
~-----------~,
M. SKEENS
_~. Commisslon /I 1397747 i
~ _. Notary Public . Cal"omlo ~
--- . San Bernardino County
~ _ _ _ ~ ~o:m:..Ex~e: ~ 2.:. 2~7i
~sonally 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 his/her/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.
Place Notary Seal Above
_ WITNES_S m~~icial seal.
~. _ .e~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent removal and reattachment of this form to another document.
Document Date:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
. , Individual
Corporate Officer - Title(s):
!J Partner - LJ Limited LJ General
[J Attorney in Fact
'J Trustee j'/"
C Guardian or Conservatoy
L; Other: j'
/
RIGHT THUMBPRINT
OF SIGNER
o
o
'J
Top of thumb here
Signer Is Representing:
N~<::,,-o:..<~--;<<~~;'O::z:,:.~~~Z7-O:--C:.~~:-3:.""AZ:<...,'C~C<'g...'CV"G<;.."C(;.<<'C(..'C.(,.,;'C(.."C(,.'6G.'-c..;.:.;~,:."%-'<X-<<-.c(,~"'Cv'q..~'<X.'<<:,"O(,."C(..~
Q 2004 National Notary Association. 9350 De Solo Ave_, P.O. Box 2402. Chatsworth, CA 91313~2402 Item No. 5907 Reorder: Call TolI.Free 1-600-876..e827
STATE OF CALIFORNIA } 55
COUNTY OF SAN DIEGO
Ofl f?/ ;15'- 1,5" , before me, D. KOHL
f'ERSONALLI' APPEARED
S. SMITH-BOWMAN
I'('/"SI'"<1lly kllOll'lIll1l11e (orl'f'I)l'ed 10ll,e IIlIlhe b<lsis "lm[isfactory
('\'idellceJ 10 he Ihe I'ersllll(~" lI'hose IWlllef/) islll)'!! s/lbscribed 10 [he
lI'i[hill illstrl(/lIelll alld ackllVll'ledged [ollie [h(lIljelshe/lhlff e.\'ew[eel
[he S(lI1iL' ill/Ji1lherllhpfr aa[hori;"" C(/I'aei[y( i~), alld Iha[ hI' 11jI(7herllh"rr
\'igllalllre(,<<) 011 [ht' il/.\"[l'lIlIiL'lI[ [he I'('J'S'OIlt.Y'!, or [he efl[i[y /11'011 bdwlf
III ,,'hiel, Ihe !)('rsllll(~ acled, e-"eealed Ihe ills[mlllell[,
WITNESS III." halld alld official seal.
~~~~~~~----~--,
0, KOHL
" Commission # 1411616
J -"..... ~ I
SOn DIegO COW1Iv -
~ ~ ~ ~~:.~~1~~
Sigll<llllre
This arearor OjJicial No/ari<l! Seal
OPTIONAL
Though the data below is not required by law, It may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form. ,/~ --
/
DESCRIPTION OF ATTACHED DOCUMENT
/
.
CAPACITY CLAIMED BY SIGNER
"-
''-',
o INDIVIDUAL -',,---
o CORPORATE OFFiCEF"-
TITLE(S)
'.
/ ..-
//
/
,/,/
./ / TITLE OF TYPE OF DOCUMENT
/ /
/
/'
,-
. NUMBER OF PAGES
, ,
,
, ,
",
'. ..
" DATE OF DOCUMENT
'~~,
o PARTNER(S)
o LIMITED",.
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING
NAME OF P~11S0N(S} OR ENT1TY\lES)
SIGNER(S) OTHER THAN NAMED ABbvE
IJ.1232 (REV, 5iOl)
AL~PURPOSEACKNOWLEDGEMENT
~
InsCemlco
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614. (949) 263-b~ND NO, 7253715
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GARDNER CONSTRUCTION & DEVELOPMENT INC , as Principal,
and DEVI::LUPI::KS SUKI:: I Y & INLJI::MNII Y CUMI-'ANY ,a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
CITY OF SAN BERNARDINO
as Obligee, in the sum of THREE HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED
(S 362,bUU.UO ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally finnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF SAN BERNARDINO
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 10260
by the G,?vernment Code of California.
, as required
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
SAN DIEGO
California, this
25TH
day of
AUGUST
2005
YEAR
"PRINCIPAL" "SURETY"
DEVELOPMENT INC DEVELOPERS SURETY & INDEMNITY COMPANY
By~-tij4\ ....~,.,).))\C),\,,!
S. SMITH-BOWMA Attorney-in-Fact
10-1265 (CAl (REV. 1101)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~.ff!t"~Ji'fl"~~..?:CjftjC'~~~ffi.I)~.f:.C~~~~~~J!S&.ii':.<f"~~~L:rA!
State of California }
County Of~<;; r-- ~-"',;?~~~ ss.
on~K# 4~before me, ~~~~/~,
Date ~ ~ ~ Na~ a"9"l1Ia of Officer (e.g.. "Jane Doe. Nafa ublic")
personally appeared ~,c- e::::7~a~r-= ,
Name(s) of Signer(s)
J~~ :. ~ - :~m~ ~~~7:7 - ~
~ ~ Notary Public " Callfomla f
~ . San Bernardino CCUlly f
_ _ ~ ~:o:m:..~~~:..2~7
~nallY 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 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 Seal Above
~IT~and and ~fficial seal.
. ~~vF-
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent removal and reatrachment of this form to another document.
Des . ion of Attached Document
Title or Type ocument:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[J Individual
[J Corporate Officer - Title(s):
[J Partner - 0 Limited C General
[J Attorney in Fact
o Trustee
o Guardian or Conservat
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
)<..'O<...<""C<-'6.;.-<x..~<.;c(..'O<...~'6.;.'0<.~ .c,,/:.,:c<..~ -c,;c(..~~'G<..~'C(.'C(.-cc.'<::<.. 'C(.'C(.'C(.'Q<.,'C(.'C(.-c.(;c<-'C(.'C(.-<x..'O<...'G<..'6.;.'Q<.,'<X.'<Xo'Q(
C 2004 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402' Chetswortl1. CII 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827
STATE OF
CALIFORNIA
} 55
COUNTY OF
SAN DIEGO
go //s-as'
, before me,
D. KOHL
011
PERSONALLY APPEARED
S. SMITH-BOWMAN
/,crwllallr kllOlI'll to lIIe (or /'rIIl'ed to lIIe Oil the basis "f'sati.ljclCtorv
el'idellce) to he the perwlI(~J lI'hose llal1le()rJ is/aft subscribed to the
lI'ithill illstrulllellt alld uckllOll'ledged to lIle thatljC/she/thpf executed
the sUllie iIl10/hedth9fr alllhori:ed capucitr( i~, alld that bv l!i<<lher/thllf'r
sigllu/urel,6) Oil the illstrllllle11lthe pcrSOIl(/1, or the entity U/WII behulf'
of'II'hich the persoll(/) acted, executed the instrtllllellt.
WITNESS 11I.1' halld and ofticial seal.
- - - - - - -
'@ D. KOHL
J Commission" 1411686
I -, """. ~
San DIegO CCKIlIy -
~ ~ _ ~~:..~~1~~
Signature
i) //"
/_ IL-~..
/,
, ---,
This area for Oflicial Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form. ./"--
.//
DESCRIPTION OF /~GHf6 DOCUMENT
//
./
.
CA~CITY CLAIMED BY SIGNER
'.....,
o INDIVIDUAL ~
o CORPORATE OFFICrn.....
.............,
TlllE(S) '-................
o L1MITE~'"
o GENERAL '''.,
.// TITLE OF TYPE OF DOCUMENT
,/
o PARTNER(S)
//
./
o ATTORNEY.IN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
.,.:-
NUMBER OF PAGES
"......,.
"
'''''''-,
............."
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF P~.!1S0N(S) OR ENTlTY(IESl
",
SIGNER(S) OTHER THAN NAMED ABM
10.1232 (REV. 5/01)
AL~PURPOSEACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1l)7~5. IRVINE. CA l)~6~.1 (949) ~(,.1-.1.10n
KNOW ALL MEN BY TIIESE PRESENTS. Ihal e'eqll 'IS expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY O~ CALlH1RNIA. do each. herei1y Illake. eonstilule and appoint:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
~\~ theIr trut' :11111 b\\ fill '\Ilorney( s Hn-F<lL'1. III 11l;I~L'. \"'\I..'cute. dell' t:r .1Ilt! a(J...Il\)\\k'd~I.'. I'll!' and 011 hdl;llf l)f s;lId corpOr;:lllolb. ;:IS sureties. bonds. undertakings
and L'lllllrarh of "ll1"I...I\....ll1p gl\ illg and gl";l1l1l11::; unlll ....,lId AIl\\lIh.'y'bl-ltl-F;Il:t full pO\\'L'r ilnd illHhorllY to till ;IIUllo pL'rfonn I..'\"\':ry <lcIIlI..TL'SS.II)'. requisite or pmpl..'r
1(1 bl.' (hl1lL' III CllIltll'l'll\lll IhL'l'l'\\'1I11 il" each Ill' ...ald u1rpllLltltllh (ould till. hut n:SL'1"\ IIlg 101.:<1(11 of ";lId Cor-pill-alum.... full 110\\'1..'1' of ...unstitution and n:voci.ltion. ,lilt.!
,Ill (If rIlL' ,l(h (II ""lid ,.\llllr1lcy("I-in-FiH:1. pursll;lllttl) tlll'sL. pn:"'L'nh. ,ilL. hL'rL'hy ralitiL'd and i,:nlllinn~d
fill"; Pl)\\,cr l1f Ath1l"1ll'Y I"; granlc:d and IS slt;lled hy LlL'SlIlldL' ul\dl'r and hy authority of the following r~sOI1l1l011S "dopted hy the respective Hoard of Director,.; of
DEVELOPERS Sl'RI.TY AND INDEMNITY CO'tP'\NY aod INDEMNITY COMPANY OF CALI~ORNIA. enective as of Novemher I. ~()OO:
RESOL\TD. fhat 11lL' C1WlI"Ill,lll oflhL' Board. the Prl'sllknl illld ;IIlY \"ICL' Presidel11 oflhL' c....(l1l10r"ll111l he, and Ihat each oflh\.'111 hL'rehy is. ,Iuthorizcd to
L.\L'CUh: Pll\\'L'r" (If AIlOflh.:Y. qU,dll"y'll1g the alltll.nL'Y(" I llillllL'd III thl' PO\\.L'I'" Ilf AIlOI"llL'j' III L'\L'l'tlIL" 011 hdwlf of IhL' corpor<ltiolls. oonds. undertakings and cOlltrilcts
l)t" s!ln:lyslllp: and th;lI till;' SL'erL'lary l)!' ;lllY ASSlstilllt SL'LTL't,UY of thL' (,i.)I"pol"all01b bL', ;lIld each of thelll hl;'rL'hy I",. <l1lIhon7t'd to allest the c\el'tlliol1 of any such
Po\\er 01 ,\ltOnll.'Y:
RESOL\TD. FlIRTIIER. tlt,lllltL' ",1);1l,ltUt"L'S (If "url1 (llfilL'r", lIlay hL' :lIfl\L'd III ;Ill)' sudl PO\\L'r of Altorney 01' hI ~IIlY L'crtilkah: n:laling Ihl'rcto hy
fae",lllllk. .Jlld (111)' "ul'h rO\~er l)t" AtloI'llL')' 01 lL'rtltil;lh: hGlrIng ",uclt falsHlllk sl~n;lturL'S sl1;1I1 hL' ~i1i1d and hindl1l); llPll!l Ihl' CllrpOralio!l whcll so atlixcd and ill
thl..' fulml' \\ lilt rl'spl'lt 10 .IIlY hillld. \Illtkrlilh:lll~ III lOlHrilL"t of stlrl.'tyship 10 \\'hilh it IS ;llli.llhl.'d
IN WITNESS WHEREOF. DEVELOPERS SUReTY AND INDEMNITY COMPANY alld INDEMNITY COMPANY OF CALI~ORNIA have severally caused
these rres~nts TO he ",'~nl.'d hy IhL'ir l"~spcCII\'c b':cllltl\L' \'1I.:e (In.'sldell! :lIld ;:Itl~.;t('d by Ihelr I"espedive Secretary this 1st dny orGctooer. 2(0).
Dand H
?J;;~
Cro\\'d1. Sl;'nct~ry
,......".11..."""
....\~ AND I-\( ""
....~'<-.................O~.....
l~ .....o9-PDR4;-...", <:"
f", / v <<'....~ ~
1~( O;OT. 1~~
~O\ 1936 /OJ
'~" ...~<
\;:,;~'",!,~~,~""~~~../
""'", * .,......
".u.......'
Ilv
By
WalterA.
STATE OF CALIFORNIA
COUNTY 01' ORAN(;e
)
ISS
)
On Och)n.:r 1,2(0). odore Ille. Dl;lIle J K;:IW;IIJ. pl.'rsonally appeared David H. Rhodes ;'Iud Walter A. Cnw.'ell. personally known to me (or I1roved 10
Ill\.' on thl' hasi... of satisfactory evidcnce) to he ,hl..' persons WIHlSl' 1l<l111l'S .Ire suhsniheli 10 the within instrulllcnt and ~\ckn(}wlcdgcd 10 me Ih.llthey execuled Ihe
sallle in lhcir <.lurhoriZL'd capal.:ill\:s. and that hy 111L'ir sigllalur~s 011 rill' illstrlllll~lll Ih~ L'ntity upon hdlalf of \vhidl thl' persons acted. i.:xcculed the in~rrumenr.
~to,~A ~0?~~
U
~-~ DIANE J KAWATA f
0...... _ ..:-:. " COMM.1f 1334746 ::
~~~ . . -
~ ~.'.. ~'. Notary PubliC - Calltornla ~
~ ;If.- . ORANGE COUNTY ~
~ -' My Comm. Expires JAN. 8, 2006 t
WITNFSS illY lti.lIld ,:llld oftki,,1 s-.:oill
Si~ll,lture
CERTIFICATE
Thc' lIlldel"clled. as Sell lor Vlce-Presllkill. UlIlklwritlilc "I' DEVELOPERS SURETY -'-'1D INDEMNITY COMPANY aod INDEMNITY COMPANY
01-. CALIFORNIA. dt';s herehy c~rtify that Ihe fore-going. Power ot. Allorney rellltlins ill full fon:~ and h"l~'. Ill)t hc:c:n rcvoked. and furthe:nnore, that the: provisions
of the resolution:-; of thL' re:-;pectivt: Boards of DII"Cl.:tors of s.lId corporations sc:t forth in the Pf)',,\'l:r \)f Att\mley. ;:Ire 111 ton..:e as of the date ot"this Certificate.
This Cl'rtllicalL' is 1..:'\L'clIh:d in Ihe Cily (If 11"\'inl.'. CdifurIllL1. the 25TH day.lf
AUGUST
2005
By
'U'~ .
InseemlCO
~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premilUn charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1 00 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional prcmium has bcen charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
1 neo Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
www.lnscoDico.com
ID-1498 (Rev. 5/03)
'U'~
InSccmll:O
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200. Irvine, California 92614 . (949) 263-3300
MAINTENANCE BOND
BOND NO.: 725371S
Premium included in Perfonnance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, GARDNER CONSTRUCTION
and DEVELOPERS SURETY & INDEMNITY COMPANY
and by virtue of the laws of the State of IOWA
busin<:ss in the State of California, as Surety, are held and finnly bound unto
& DEVELOPMENT INC , as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
CITY OF SAN BERNARDINO
as Obligee, in the sum of ONE HUNDRED EIGHTY ONE THOUSAND TWO HUNDRED FIFTY
($ 181,250.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally finnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
TRACT 10260
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this
25TH
day of
AUGUST
2005
YEAR
& DEVELOPMENT INC DEVELOPERS SURETY & INDEMNITY COMPANY
Principal
B~Y\~'\ - :~,V0'Y\Qv^) .
S. SMITH-BOWMAN Atlumoy.io.F..CT
10.1201 (CA) (One Year Term)(REV. 3/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~Ji.'f.il"~.c<"~~..c<"~.if5('.c<"~~.c.<"~~.RP.ccRi<'~~IK'"~~~~~~~~~~~~~
State of California
County o~ .)3.,~~;.co
On .4~ U ~ before me,
.r~. 'A __b
personally appeared #'C--' ;w;-
Neme(s) of Signer(s)
~nallY known to me
J@.- - :~E:;~~7:7- J
~ -. NoIary PublIc - CaIIforna I
j . San Bernardino County f
_ _ _ ~:~:..~~~2.:.~7
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 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 Seal Above
(ITN:;;..?nd 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 dOCU~. en t
and could prevent fraudulent removal and reattachment of this form to another document.
Description ached Document / ~/
Title or Type of Docume
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C Individual
o Corporate Officer - Title(s):
o Partner - D Limited C General
o Attorney in Fact
o Trustee
o Guardian or ConseN
o Other:
Signer's e:
o Individual
Corporate Officer Tille(s):
Partner - u Limited
Attorney in Fact
C Trustee
C Guardian or Conservator
[J Other:
RIGHT THUMBPRINT
OF SIGNER
Top at thumb here
Signer Is Representing:
,x;~<'-R",,~ .;4ZZZ:::~-CC-~:':-;~~.-=';:0~;~.~;;:;::..-",v"'2Z;'t.;',.;,<,.:.{,;~-6v~-O::zz.'bS~":x..v::z~~-cz"'-Z~-::OC~<<'9(.~~~
c 2004 National Notary Association. 9350 De 50to Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 11em No. 5907 Reorder: Call Tolt-Free '-800-87e.6827
STATE OF CALIFORNIA } 55
COUNTY OF SAN DIEGO
f'- JS-0~ /'
0/1 ' before me. D. KOHL
PERSONALLY APPEARED
S. SMITH-BOWMAN
1,,'/solloIlY kllml'/l to /lIe (or !,rmw/ 10 lIIe 011 the basis of"S(/lisjileton'
t...idellee) 10 be the penoll(y) whose Ilallle(/) is/q,rl: SIIbscribed to Ihe
H'ilhill illslrt/lllelll olld ackllml'iedged 10 lIIe Ihm /jC1I11c/lhl)'f exeeoled
Ihe sallie ill/}it/her/lhpfr allll/fll'i~ed C(/!'aeitv( i~). alld Ihal by IJj<(lher/thtA'r
siglloltlreiS) 011 Ihe illSlrlllllell1 Ihe persoll(/), or Ihe ell lily lI!,OIl behalf"
of"H'hieh Ihe IJerSllIl(;) acted. ewell/ed Ihe illslrt/lllelll.
WITNESS lilY hOlld olld (~ffieiol seal.
Sigllolllre
~ " //.
/// ):::~ r-AJ. /
OPTIONAL
~----------_..,
D. KOHL
_" Commlssion# 1411616
I -"",*.~ I
san DIegO COII1Iy -
_ _ _ ~~:..~~1~~
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form. ~- ,-
/,/.
DESCRIPTION OF A~HED DOCUMENT
/
///
/'
//
..
CAPACITY CLAIMED BY SIGNER
',-
",
..........
o INDIVIDUAL .~
o CORPORA TE OFFIC~A--...
"
",
"
........-..."
TITLE(S)
o PARTNER(S)
o LIMITED "
o GENERAL
o ATTORNEY.iN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REpRESENTING:
NAME OF P~~SdN(S) OR ENTITY\IESj
........
SIGNER(S) OTHER THAN NAMED ABb\lE
ID.1232 (REV. 5/01)
ALGPURPOSEACKNOWLEDGEMENT
POWER OF ATTORNEY FOI~
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1'l72~. IRVINE. CA 9262:1 (949126:1-:1.100
KNOW ALL MEN BY TIiESE PRESENTS. that exeepl as expressly lillllled. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do eaeh. h<r<oy Illak<. conSliM< and appoin!:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
,I.... tllt'II' IIUt' ,Jlld 1.1\\ lu! \t1nrnL'Y('.)-Ill-J-acl. 1(l11l;1~L'. t'\L'Clllt:. dL'II\L'r ,l11d ;H.: 1\ Iln\\ kdgt.'. tor ;1Ilt! 011 bdl<llf (,j" ...ald l'orpor,:ltlOIl.'i, as Sure-IlL'S. oonds. unde-r1akings
and Ulllli'<ll'h (If ...lll'l'I~ "hql ~1\ Ill,':; ,lllt! grilllllllg UIl!lI .....lld :\lit li'tll:Y( "I-III-Filll rulll'll\\I..'f ;lilt! aurlhll'lty III tin <lnd In pL'r1t1rl1l ",'\L'ry act l1L'l:l.:ssary. n:qllisirL' 01" prop~r
1(1 bL' dnnL' III L'lll1lh..Tlltll1 Ihl.:n..'wlth as 1..'.1(11 of S;ll(.II.:11rpor<lIHlll" could till. hut IL'SI..'f\lllg 1(1 GIL:h {If s;lId corpNdli(lll... full f1m\n (If slIhslllutioll ilnd n:vocalion. <llld
all (If 1110..: ;l(h of "iI!d Alllll-llL'yl S Hn-Fal'(, PlllSU;lIlt hl tlll.:s\.' pn,:sL'llh, al'L' heH,:by rafll'll.:d illld L'ontinnl..'d
TIllS Power 01 ..\thmll..'~ IS gr;l1llcd ~1lld IS slgnt:d by fal'sll1llll.' 1Illdt:r and by ;wlhmlly (lffht' follOWing n:s011111011S ~dorted hy the respective l:3o~lrd of DirecloP': of
Dl:\'l'LOPl'RS SllR I.T\ ;\~f) 1~f)EM:-.JITY C()MPA~Y ond INDl'M:-.JITY COMPA~Y OF CALIFORNIA. ell"et"< os of Nnv<llln<r 1.2000:
RESOL\TD, Ill;ll rhl: Chalnn;lI\ oflhL' H\l;ml.thL' Prl..'"idc1l1 ;lnd .IIlY VI(L' Proidl.:llt (\rllh..'I.:Orpl11"~JtIOIl he, ,l1ld rhatl....ll.:11 ofthL'1ll hen:hy is, ,-llIlhorizl.:d to
1..'\\..'l'II!i.,: Plm I..TS (If AfttlrllL'Y. ll";l11 fYlllg 1111..' ilf!ot'IlL'YI"; lnallll..'d III rhl.: PO\\-el"s of A.rtOrlll..'Y ro L'\el.:ulI..', \\11 hehalf of IhL' L'orpor.llloll:-., h(Hlds, undertakings ;:md contracts
pI" ,,;ul'elyship: ;lIld th;lI the Sl'L.t'elary 01 all\' ASS1SI;1111 Sl.:lTl'(JIY of lh", L'orpl)!";ll Hl1h he. alld L';1l'h Ilf Ihcm Ih..'rl.'hy is. ;Hllhorized to ~ltest Ihe C\Cl.:lItiOIl of any slIdl
Pn\\ ",r pf AltOrth.:r:
RES< )L\'I-l). I-TRT1IER, thai rhL' :-.ign;llUl\.'s of sudl olllLn... lllay hL' affi\l.:d hi .allY SIKh PO\\I.:I' pI" AllOrllt.:y' or 10 ;IIlY L'l.'rlitkillL' rdating tlll':I'I':1O hy
f;lcslllllk. dllll ,illY ",uL"h Pll\\n of Atlorllcy 11I cl..'rllli(;ltL' hL';lrin~ ...\11.:11 Id(:-.11l1Ik ";Ignatml.:s :-.11;111 he \-alid ;1I1d h1l1dlll~ upon IIlL' L'~lrp(nilIIOIl when so atli\L'd and in
tilL' hlllll'L' \\ ilh rL'spcL'1 tll ;IIlY hund, lltllkrl"~ 1tl~ 01 cOIl!r;lL'1 of :-.urety...llIp 10 whlL'h II I"; allachL'd
IN WIT~l'SS WHU\I:OF. f)l'\,ELOPERS SL'RETY A~D IN[)EM~ITY C()~lPANY alld I~DEMNITY CO~1PANY OF CALIFORNIA hav< ,<v<rally calls<d
Ihl.'se presl..'llh 10 hl' :-'lgll~d hy theIr respectl\\.'" !::,enlli\L' Vice Presidel1l ;ll1d ~ttcsh:d hy their n:speetJ\'e SecrL'fary this ISI d<lY ofOctoher,100J
l);1\ld H
7\k"""
"-- ~--~
CI"O\\l'll. Secrl.'f:lrY
....IIU",.,
..,.;.~ AND ;~"",
"'"<1,.'<- ............. O~...
/~ .....~\l.~OR..>...~.\
l"'....tJ (:'\~~
; <r : OCT. : ..q
~ ~ ~ 10 EnE
\~\ 1936 j~f
.._ """ .., 5
..... '1,;...../ OW .........~.J" v/
".0 .......... "....
""'" * .......
',........11.-'
11\
Bv
W.llk..-\.
STATE OF CALIFORNIA
)
)SS
)
COUNTY OF ORAN(;E
On ()cloner [.200.". heron: Ille, Dlalle.l Ka\\'~la. person.llly arpe~rl.'d David H. Rhodt's Jnd W~ltcr A. Crowell. persoll~lIy known to Ille (or proved to
1l1L' on the nasls or S"t1Sr~Ktory cviJClll:C) to hI.' the pt.:rsons whosl.: IWIllCS ;Ifl~ suhsnli'll.:d to Ihe within illstrullll.:lll allll acknowledged to Ille th~lf they c"ecurcd rhe
sanlL' III Ihl.:ir ;Jl1lhOrlZL'd capacilies. and thar by rh..:-ir signalur..:-s on 1I1L' instrUIll":-111 thl.: entity upun bdlillr of \vhidl thl.: persons i.ll'II.:d, cxel'uted the instrumcnt.
~IO-{ ^ ~"'~~
(j
~-@- DIANE J KAWATA I
o .,.:~':':. " COMMI; 1334746 ::
~ :"'ft.... .~' Notary PublIc, California ~
~ ~.-... ORANGE COUNTY ~
t ',' My Comm ExpIres JAN, 8, 2006 ~
WITl\,LSS 111\' hand ~lld nftil.:ial st.:al
Slgn;lture
CERTIFICATE
The ul1de,,'~ncd. 'IS Sel110' VilT-P,e",k"nl. Ul1dmvrit11l~ of DEVELOPERS SURETY AND INDEMNITY COMPANY al1d INDEMNITY COMPANY
OF CALIFORNIA. dot.'s hcrehy certify th;lt Ih~ fmegolllg P(l\ver of Attorney rem;lins in full t0n~~ :f1v.i h~l'; not h~C:ll revoked. Jnd hll1hel"more, that the provisions
\)1' the rcsolutions of Ihe respective 8o<lrcls of Direclors or SJld I.:nrpor;lllolls set funh in ille Pc,\'.:.;r of f\(lonlc::, ~re 111 force as of the diJte of this CeI1itic~te..
TillS C..:-rtlliL:;111.: IS L'\I..'l.:lIIL'd ill ,hL' City lIt" Inint.:. Califllrlll;l. Ihc ~ST!L d:1Y {If
A(JG~ST
2005
I3v
w~
, enior Vice-rn~Sldcnl. Underwn I t:
I f)-I:IX(I( Rev I (J/(J.1)
~
InseemlCD
~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for thc tcrrorism covcragc required by the Aet.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
www.lnscoDlco.com
10-1498 (Rev. 5/03)
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D,lo (D", A'fPl,d), ~ !t,m'
Vote: Ayes ~! Nays
Change to motion to amend original documents 0
l0
df)D).. 2; J,~
Resoqion #
Abstain ~
Companion Resolutions
Absent
Null/Void After: days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0
D,lo Smllo M,yo" <\- d. 0 11lJ~
Date of Mayor's Signature: ~ t )1... C ~
Date ofClerklCDC Signature: q")1" 'D5
By:
/
Reso. Log Updated: ,-:!
Seal Impressed: ~
Reso. # on Staff Report [!(
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
//'/
Yes '
Yes
Yes
No By _
N~- ,By
No/ By=
No /' By
-----:/ .-
No_ By_
Updated CDC Personnel Folders (5557):
Yes
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
EDA 0 Information Services 0
Facilities 0 Parks & Recreation 0
Finance 0 Police Department 0
Fire Department 0 Public Services 0
0 Water Department 0
Others:
Notes:
I
Ready to File: ~
cv' ~
Date: {/' )[r. VJ
Revised 12/18/03