HomeMy WebLinkAbout13-Development Service
CITY OF SAN BERNARDINO _ REQUEST FOR COUNCIL AgB~G 1 N A L
From: James Funk, Director
Subject:
Dept: Development Services
Date: September 27, 2005
File No: 11.03; TR 16509
Synopsis of Previous Council Action:
MCC Date:
Resolution 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 Subdivision Tract No.
16509-3 (Lots 60 through 73) as approved by
Resolution No. 2005-114, dated May 16,
2005.
10/17/2005
Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading of Campus
Parkway between Kendall Drive and Northpark Boulevard.
Resolution No. 2004-306 adopted approving Final Map for Subdivision Tract No. 16509, Unit I located on
the west side of Northpark Boulevard between University Parkway and Devil Creek Flood Control Channel.
Resolution No. 2005-113 adopted approving Subdivision Agreement with Richmond American Homes of
California, Inc., for Final Map of Tract No. 16509, Unit 1 located on the west side of Northpark Boulevard
between University Parkway and Devil Creek Flood Control Channel.
Resolution No. 2005-114 adopted approving Final Maps for Subdivision Tract No. 16509, Units 2 & 3
located on the west side of Northpark Boulevard between University Parkway and Devil Creek Flood
Control Channel.
Resolution No. 2005-278 adopted approving Subdivision Agreement with Richmond American Homes of
California, Inc., for Final Map of Tract No. 16509, Unit 2 located on the west side of Northpark Boulevard
between University Parkway and Devil Creek Flood Control Channel.
Resolution No. 2005-299 adopted approving Final Maps for Subdivision Tract No. 16509, Units 4 & 5
located on the west side of Northpark Boulevard between University Parkway and Devil Creek Flood
Control Channel.
Adopt Resolution.
Contact Person:
~=Q--
Phone: "i 179
Staff Report, Reso & Map
Mikp Grnhhs Fnp" M:m~p"pr/Fiplc1 Fnp"inppr
5
Supporting data attached:
Ward:
04/05/04
10/04/04
05/16/05
05/16/05
08/15/05
09/06/05
Amount: N/ A
FUNDING REQUIREMENTS:
Source (Accl. No.) N/A
(Accl. Description) N/A
Pr. d1WS~13q
Council Notes:
Finance:
'l)~Or
Agenda Item No. J ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution 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 Subdivision Tract No. 16509-3 (lots 60 through 73)
as approved by Resolution No. 2005-114, dated May 16, 2005.
Background:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which
consists of 160 single family residential lots located on the west side of Northpark Boulevard
between University Parkway and the Devil Creek Flood Control Channel. This tentative tract
was approved for a period of two years. On October 7, 2003, the Planning Commission
approved Minor Modification No. 03-07 to Tentative Tract No. 16509, clarifying the acreage
of the Tentative Map. On July 12, 2004, the Planning Division approved Minor Modification
No. 04-07, reducing the total number of single family residential lots to 157. Of these lots 150
will be developed in upscale single family residential houses. The remaining 7 lots will remain
undeveloped pending an application for a change of General Plan Land Use.
On May 16,2005, the Mayor and Common Council approved the Final Maps of Units 2 & 3 of
Tract No. 16509 and approved Standard Form of Agreements for Subdivision Tract Nos.
16509-2 & 3 with University Park, LLC. University Park, LLC, acting as the subdivider, has
substantially completed development of the lots in Unit 3 and is selling Unit 3 to Richmond
American Homes of California, Inc., which is proposing to construct and market upscale homes
on the lots.
University Park, LLC has submitted a letter (copy attached) requesting that it be relieved of its
obligations under terms of the Standard Form of Agreement for Tract No. 16509-3 (lots 60
through 73) and that its bonds be released. In exchange, Richmond American Homes of
California, Inc. has agreed to enter into a Standard Form of Agreement for Tract No. 16509-3
(lots 60 through 73) and post bonds to guarantee compliance with terms and conditions of the
Agreement.
Attached is the Standard Form of Agreement for Subdivision Tract No. 16509-3 (lots 60
through 73) executed by Richmond American Homes of California, 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 Hartford Fire Insurance Company, which has an A. M. Best rating of A + XV,
which exceeds the requirements of the Development Code.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
2
University Park, LLC
333 South Hope Street, 36th Floor
Los Angeles, California 90071
tel: 213-229-2868 fax: 213-229-2870
September 12, 2005
Via Facsimile to (909) 384-5155 and Hand Delivery
Mr. Michael Gmbbs
Engineering Manager
City of San Bernardino
300 North "D" Street, 3rd floor
San Bernardino, California 92418
Re: University Park, LLC: Release of Bonds and cancellation of Subdivision
Agreement for Tract 16509-3
Dear Mr. Gmbbs:
On behalf of University Park, LLC, we hereby request that its Subdivision
Agreement be cancelled and its bonds covering Performance, Labor & Material and
Monument ("Documents") for tract 16509-3 be released.
Please be advised that:
1. University Park conveyed it's interest in Tract 16509-3 to Richmond
American Homes of California, a California Corporation ("RA");
2. RA will complete the installation of all utilities, street infrastmcture and
improvements;
3. RA will constmct and market homes in accordance with San Bernardino City
requirements;
4. RA will do all things necessary to permit the release of the house for
occupancy; and
5. University Park will have no further responsibility for Tract 16509-3 other
than guarantees and warrantees to RA relating to Tract 16509-3
Mr. Michael Grubbs
September 12, 2005
Page 2
University Park, LLC acknowledges the fact that RA has provided the City of San
Bernardino with a substitute Subdivision Agreement and bonds covering Performance,
Labor and Material and Monument for Tract 16509-3.
Thank you for your attention to this matter.
Very truly yours,
1/..--.-
cht~sLfiumaker
Authorized Signatory
cc: Chuck Diamond
Jim Watson
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RESOLUflONNO. t~IPV
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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Reso]ution No. 90-427 with
Richmond American Homes of California, Inc., for improvements in Tract No. 16509-3 (lots
60 through 73) as are required by Title 19 of the San Bernardino Municipa] 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. ]6509-3 as
approved by Resolution No. 2005-]]4 dated May ]6, 2005, with University Park, LLC is
hereby cancelled by mutua] consent of the City and University Park, LLC.
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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. 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
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17 MC CAMMACK
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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. 16509-3...
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
ABST AIN
ABSENT
ESTRADA
LONGVILLE
MC GINN IS
DERRY
KELLEY
JOHNSON
City Clerk
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24 Approved as to
Form and legal content:
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
(
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AGREEMENT
(Subdivision Improvements)
Tf-lIS 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 Richmond American Homes of Califomia,
Inc.. hereinafter referred to as "Subdivider."
RECIT ALS
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A.
WHEREAS, Subdivider has presented to City for approval a final subdivision
rnap (hereafter called "map") entitled Tract No. 16509-3 (lots 60 through 73); and,
B. WHEREAS, the map has been tiled with the City for presentation to the City
Council (hereinafter called "Council") of the City for it<; 3pproval, which map is il':reby
r.:felTed to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
CL1nstruction and completion of improvements, including all';rreets, highways or public ways
and public utility facilities which are a part of, or appuGcnant to, the subdivision (hercinafter
calied "subdivision") designated in the map, all in accordance with, and as required by, the
Plans ::1nd Specifications for all or any of said improvements in. appurtenant to, or outside the
limits of subdivisj0n, ',','hich Plans and Specifications are now on file in the Office of th::: City
Engineer of the Cty: and,
D.
WHEREAS. Councii has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and exect:te this
Agreement with the City; and,
E. \VHEREAS, This Agreement is executed pursuant to the p!'ovisions of the
Subdivision Map Act of the State of Cali fomi a 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 insurt:
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. 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 wurk.
2. ~Vql:k~l'l~ccs and Grades to be Fixed by Em~jnec!:. 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 Perfonnance. City hereby fixes the time
for the completion of said work to be within 24 1110nths from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good calise 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 \vhomsoever, 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. Utilj~y Deposits - St<ltement. Subdivider shall file with the City Clerk, prior to
the commenct'mcnt of un)' work to bt' perfOlmcd within the area delineaterl on the map, a
written st<ltement signed by Subdivider, and each public utility corporation involved, to the
effect that SubdiviJer has made all deposits legally required by such public utility corporation
for the connection of any and ail public utilities to be st;pplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain ali necessary penn its 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 Bemardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall gIve personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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'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 whercin 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 improvemt:nts and acts to be perfOlmed as security for the faithful
perfornlance of this Agreement;
(b) An amount equal to at least fifty percent (50";0) of the total estimated cost of
the improvements and acts to be perfornled as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agrcement; 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 (]) 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 fonn 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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I I. 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
calTler.
(a) Worker'L~Q!lli2ensatiol1 Insurancl'/Em~r's Liability Insura[lce.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compen~ation 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
similariy to provide \Vorker's Compensation Insurance and Employer's
liability Insurance for ;;:11 coatract0r's or ~ubcontractor'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 Ollt 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, Subdi\'ider 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. 'vvitllllut 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
foHow:;:
(I) Public_IJabili!Y.lnsurance. In an amount not less than One Mill ion
Dollars ($ 1.000,000.00) for injuries, including. but not limited to,
death. to anyone persoll, ar.d, ~'ub.iect to the :;amc limit for each person.
in an amollnt not less than One Million Dollars ($ I ,000.000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Damage InslIrance. 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 II 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 additionai coverage, entitled "taii
coverage" must be purchased to cover a period of one (J) ycar from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) fersonal Iniur'L- De.fi.!}ed. As used herein, the teml "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 menta! suffering.
12. Evidence of Insurance. Subdivider and contractor shall fumish 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 Hannless/Indemnitication. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards.
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attorney's/legal fees, and all other expenses incurred by the Clly arising in favor on any
party. including claims, liens, debts, demands for lost wages or compensation, pason:.J!
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 incide:lt to, in connection with or arising directly or
indirectly, (including from the negligent perfomlance by its officers, empio;'t'cs, agents) from
the terms of this Agreement, whether such operations/incident~ 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, Subdi"'ldcr,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for a:ld defend any such claims.
demand. or suit at the sole expense of the Subdivider/Develop(:r 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 harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to ha\'e
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 detcnnincd 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
Subdi'.ider/Developer or the City or to enlarge in any way the Subdivider' s/Devcloper' ~
liability but is intended sol,~ly to provide for indemnification of the City {rom fiahi~ity for
damage or injuries to third persons or property arising from Subdi vider/De"eloper' s
perforn1ance hereunder.
14. Title to Improvements. Title to, and o\vn\;rship 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 replac.:: or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider tail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
detemlined 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 Citv. 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 Jn~ctiol!. Subdivider shaH pay to City the costs of
all pennit 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 COllstruct;oll.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtai~l
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 adjl!dged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency. or if Subdivider. or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within tive 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 perfonnance of the contract, and does not commence perfonnance 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 924 I 8
(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 9282 I
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.
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
II
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AGREEMENT
(Subdivision Improvements)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
By:
/1
,y.~.
(.;~ _lIt---<-'
By:
Judith Valles, Mayor
City of San Bernardino
SUBDIVIDER:
Richmond A
Inc.
By:
v.E rl.LmclAapdIldaa ad Dew1or'",
By:
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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 i-;.Ull'/~")l/ti )
On this j..S day of '~)tf..) Ii iJl.UO , 20 {5, before me, the
undersigned.>_a Not~ry Public in and for said County and State, personally appeared
.;> r"' I J , -,' {c.
t,) L un I/V t L C. ~
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
'v I i ( 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.
. !'
j j I / ./'i'l.r-/G
'./liU. '__/ .,v _
Not~rY Signature
(This area for official seal.)
J~. MARY T. COlON (
iii .' Comm,I1419154 '11
!II . NOIARY l'tJauc. CAUFOllNIA VI
~ Son lllmardlno County -
" Mv COlllm, ExpIIoa May20. 2007 T
14
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
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, 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 HaI1ford 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 of this obligation is such that if the above bounded Principal, 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 tme 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 Amer'
California, In .
/
By:
Title: arfllll Woods
V.P. of Land Acquisition and Development
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
(UniverSity Park-TK3-PcrfDOC)
(Surety)
Hartford Fire Insurance Company
-in-Fact
LOCAL SURETY AGE T:
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea. CA 92821
(714) 256-0691
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) ofPart 4 of Division 3 of the 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
00/1 OOths Dollars ($62,500.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
wjth 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:
(Surety)
Hartford Fire )nsurance Company
.I
LOCAL SURETY AGEN
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea, CA 92821
(714) 256 -0691
State of Illinois}
} ss.
County of Dupage }
On September 19,2005, before me, Jennifer 1. 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 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.
My Commission Expires .Se te
I
I
OFFICIAL SEAL
JENNIFER J MCCOMB
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES:09/2:w9
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
~ ~ =..~ ~ :~~~~~: ~ J
i ~ Notary PublIc - CaIItomIa j
j ~ RW_Ik>>CO\Py d
~ _ _ ~:or:":...~_~2~
t
/; ~/"')
..---~>/-j ~~. jt-.~
NJ~n and for said County
Lynn F. Whitesell
My Commission Expires on 2/27/09
~OW ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757.5835
Agency Code: 83-550208
POWER OF ATTORNEY
[TI Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[TI Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
IT] Hartford Accident and Indemnity Company, a corporalion 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
[TI Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
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 l8I, 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.
C\.
() ~ 1 t7V;NV<-
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 sworn, 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. Paseka
Notary Public
CERTIFICATE 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 Attorney 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.
h~?g
~
W
~f;./~ f'-
L . ()
Gary W. Stumper, Assistant Vice President
pnA 1M"
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 oftime, 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
California, I
Hartford Fire Insurance Company
By: f/
Title: .. 1Vbods
JIll
V:P. ofLlD4Ncp"~ ID4J:Jl~
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
LOCAL SURETY AGENT:
C & D Bonding Insurance
1800 Bonding Road. Suite 210
Brea. CA 92821
(714) 256-0691
(university park-tk3-monument.doc)
State of Illinois}
} ss.
County of Dupage }
On September 19,2005, before me, Jennifer 1. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv 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 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.
My Commtssion Expires September 23, 2009
"
~.
OFFICIAL SEAL
JENNIFER J MCCOMB
NOTARY PUBLIC
MY COMMISSI~ SeTxApTE OF ILlINOIS
IRES 09123109
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
...
~------------~
l'lt~ F. WHITESEll
@-'CommIsIlon#1555391
$ _. Notary PublIc . CallomIO ~
t -. RIveIIlde county =i
t ~ ~ ~ ~:~:..~~~2~
'~-~~? ~~?'-f"
J'Wt'~ Public in and for said County
Lynn F. Whitesell
My Commission Expires on 2/27/09
)W ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 83-550208
POWER OF ATTORNEY
CK:J Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
CK:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
CK:J 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
CK:J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
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
Westman/, 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 [gI, 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.
0\.
()~ I~~
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 sworn, 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.
Scon E. Paseka
Notary Public
CERTIFICATE My Commission E>pires 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 Attorney executed by said Companies, wnich is stili j., full force effective as of SEPTEMBER 19, 2005
Signed and sealed at the City of Hartford.
L)c:rrr g
.
,.
.....f1\<<t:
A
t'\j;J
(~Iv~t
Gary W. Stumper. Assistant Vice President
POA 2005
ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
08/05/2005
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
p, 0, Box 305191 j i NAIC#
Nashville, TN 372305191 I INSURERS AFFORDING COVERAGE
I I
INSURED MDC Holdings, Inc. I INSURER A, American International Snecialtv Line. I~r 26883 - 004
& Richmond American Homes of California, Inc. INSURER B: American Home Assurance Comnanv 119380-001
1305 Corona Point Court
Corona. CA 92879 i INSURER C: Allegiant Insurance Comnanv. Ine (A RRG) , R3535-001
i INSURER O. ;
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.
'rf.l'r.'J;'kli TYPE OF INSURANCE I POLICY NUMBER I P8k+l~~r:,~fi~~ PRk'f"v,~J;b"t'J\RN
A ! GENERAL LIABILITY i GL 148-86-23 16/30/2005 6/30/2006 EACH OCCURRENCE
[Xl COMMERCIALGENE~A8111TY ! ~~r~~i~9E~~~~nce\
L~~i~~ CLAIMS MADE LxJ OCCUR
LIMITS
s
1 000
50
5
000
000
000
000
000
000
000
MEO EXP (Anyone person)
< GE~.rL AGGREGATE LIMIT APPLIES PER:
~ ~PRO- 'I
I POLICY' JECT I I LOC
l AU~OMOBllE LIABILITY
H ANY AUTO
~ ALLOWNEDAUTOS
H SCHEDULED AUTOS
! HIRED AUTOS
R NON-OWNED AUTOS
H
,
PERSONAL & ADV INJURY S 1
I GENERAL AGGREGATE S 2
PRODUCTS-COM~OPAGG is
I
COMBINED SINGLE LIMIT S
(Ea accident)
BODILY INJURY is
(Per person)
BODILY INJURY i
(Per accident) IS
PROPERTY DAMAGE Is
(Per accident)
,
-~
I
~ESS LIABILITY ~
~ OCCUR _ CLAIMS MADE
! AUTO ONLY. EA ACCIDENT i S
II O,HER THAN. EA ACC i S
AUTO ONLY AGG: S
EACH OCCURRENCE I s
i AGGREGATE
!
,
I i GARAGE LIABILITY
! ANY AUTO
-,.
C
I RETENTION S
WORKERS COMPENSA TrON AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED?
If yes. describe under
i SPECIAL PROVISIONS below
OTHER
Products / Completed ap8
; Liabili ty
WC
WC
Iwc
IGL
I
121-28-03 AOS
121-28-05 FL
121-28-04 CA
7/1/2005
7/1/2005
7/1/2005
7/1/2006
7/1/2006
7/1'/2006
I
I i T~~~ItJ,~S I
E.L. EACH ACCIDENT
i E.L. DISEASE - EA EMPLOYEE S
i E.l. DISEASE. POLICY LIMIT $
IS
Is
is
Is
10TH-
I ER
DEDUCTIBLE
B
B
B
1 000 000
1 000 000
, nnn nnn
00200405-002
6/30/2005 I! 6/30/2006
I
1$3.000,000
$18.000.000
j
Each Occurrence
General Aggregate
DESCRIPTION OF OPERA TrONS/tOCA TrONSNEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Regency at university Park
City of San Bernardino is named as Additional Insured as respects to the General Liability policy.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
ACORD 25 (2001/08)
Col1:1369912 Tpl:383925 Cert:6
@ACORDCORPORATION1988
City of San Bernardino
Attn: Mike Grubbs
300 North D Street
San Bernardino. CA 92418
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 (2001/08)
Coll:1369912 Tpl:383925 Cert:6077049
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting D'te (D," AdryOO)' 10,)11 oS: It,m #
Vote: Ayes Nays
Change to motion to amend original documents 0
(?
Resolution #
:;J!JoS. j31
Abstain
Absent
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 10" I g" 0 (
Date of Mayor's Signature: I \it l(l, L~ ~ /
/
Date ofClerklCDC Signature: lei 1(.'1/0 \
/
Reso. Log Updated: -[]
Seal Impressed: 9"" I
Reso. # on Staff Report Q/'"
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
/
NO-r By_
No_ By_
No+ By_
No ---"LBy _
No /./ By_
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
Yes
Yes
Copies Distributed to:
Finance
0 Information Services 0
0 Parks & Recreation 0
0 Police Department 0
0 Public Services 0
0 Water Department 0
City Attorney
o
~
Code Compliance 0 Fire Department
Development Services ~L? ) Human Resources
/YYv/ul JuL{~/ j}Q~f-'v
EDA
Animal Control
City Administrator
Facilities
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 25, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents - Resolution No. 2005-339
At the Mayor and Common Council meeting of October 17, 2005, the City of San Bernardino
adopted Resolution No. 2005-339 - Resolution 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.
Attached are a copy of Resolution No. 2005-339 and two (2) fully executed original agreements.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby aCknot1e,$C:;
Signed: '-{./
[the above mentioned documents.
Date:
tD/ ){. l7 (
)
Please sign and return