HomeMy WebLinkAbout2005-399
RESOLUTION NO. 2005-399
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2 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
31 OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
: 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD
4 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2,000
FEET EAST OF UNIVERSITY PARKWAY IN THE RU-l, RESIDENTIAL URBAN
5 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
7 FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
11 16865, located on the south side of Northpark Boulevard approximately 1,700 feet west of
12 Little Mountain Drive and 2,000 feet east of University Parkway in the R U-I, residential
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urban land use district, together with the provisions for their design and improvement. is
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15 consistent with the General Plan of the City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
City to execute the standard form Subdivision Improvement Agreement with Northpark 19,
LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by
Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
21 time for performance is as specified in the Agreement. Said improvements are specifically
22 described and shown on Drawings approved and on file in the office of Development Services
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of the City of San Bernardino.
SECTION 3. The Final Map of said Tract Map is hereby apprO\cd ,lIld thl' Cil\ ul'Sl1i
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Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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28 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
2 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD
3 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000
FEET EAST OF UNIVERSITY PARKWAY IN THE RU-l, RESIDENTIAL URBAN
4 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
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agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
The City Clerk shall certify approval and acceptance of the Mayor and Common
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10 Council as set forth in this Resolution.
11 SECTION 4. This Resolution is rescinded if the parties to the agreement fail to
12 execute it within sixty (60) days of the passage of this Resolution.
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III
III
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2005-399
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
i OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
2 ! 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD
3 i APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000
, FEET EAST OF UNIVERSITY PARKWAY IN THE RU-1, RESIDENTIAL URBAN
4 i LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 ' AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 i FOR PERFORMANCE SPECIFIED.
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 . Common Council of the City of San Bernardino at a j oint regular meeting thereof,
5th
day of December
, 2005, by the following vote, to wit:
Council Members:
AYES
NA YS ABSTAIN ABSENT
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
15 DERRY
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17
18 JOHNSON
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x
KELLEY
x
x
MC CAMMACK
x
Approved as to
form and legal content:
tL #ill fL:-I ~ cU'r
City Clerk / ~ I
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The foregoing resolution is hereby approved this r
day of f:rNhlher ,200S.
/
J 1 alles, Mayor
ity of San Bernardino
27 JAMES F. PENMAN,
City Attorney
28 J~
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AGREEMENT
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this ~ day of
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f)(yy..l~v
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, 200> , by and between the CITY OF SAN BERNARDINO, a Municipal
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Corporation, hereinafter referred to as "City," and Northpark 19, LLC, hereinafter referred to
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as "Subdivider."
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RECIT ALS
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A.
WHEREAS, Subdivider has presented to City for approval a final subdivision
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map (hereafter called "map") entitled Tract Map 16865; and,
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B.
WHEREAS, the map has been filed with the City for presentation to the City
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Council (hereinafter called "Council") of the City for its approval, which map is hereby
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referred to and incorporated herein; and,
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c.
WHEREAS. Subdivider has requested approval of the map pnor to the
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construction and completion of improvements, including all streets, highways or public ways
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and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
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called "subdivision") designated in the map, all in accordance with, and as required by, the
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Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
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limits of subdivision, which Plans and Specifications are now on file in the Office of the City
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Engineer of the City; and,
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D.
WHEREAS, Council has approved said map and accepted the dedications
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therein offered, or some thereof, on condition that Subdivider first enter into and execute this
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Agreement with the City; and,
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E.
WHEREAS, This Agreement is executed pursuant to the provisions of the
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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
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acceptance of the dedications, or some thereof, therein offered and in order to insure
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satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
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Map Act and said Ordinance, the parties agree as follows:
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1.
Performance of Work. Subdivider will do and perform, or cause to be done
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and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
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all required materials, all to the satisfaction of the City Engineer of City, the work and
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improvements within (and/or without) the subdivision to complete the improvements in
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accordance with the Plans and Specifications on file as hereinbefore specified, or with any
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changes required or ordered by said Engineer which, in his opinion, are necessary or required
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to complete the work.
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2.
Work: Places and Grades to be Fixed by Engineer. All of said work is to be
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done at the places, of the materials, in the manner, and at the grades, all as shown upon the
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Plans and Specifications therefor, heretofore approved by City Engineer and which are now
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on file in his office, and to the satisfaction of said City Engineer.
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3.
Work: Time for Commencement and Performance. City hereby fixes the time
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for the completion of said work to be within 24 months from the date hereof.
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4.
Time of Essence - Extension. Time is of the essence of this Agreement;
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provided that, in the event good cause is shown therefor, the City Engineer may extend the
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time for completion of the improvements hereunder. Any such extension may be granted
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without notice to the Subdivider's surety, and extensions so granted shall not relieve the
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surety's liability on the bond to secure the faithful performance of this Agreement. The City
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Engineer shall be the sole and final judge as to whether or not good cause has been shown to
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entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
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repair, or have repaired, as the case may be, all pipes and monuments shown on the map
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which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
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repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
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or repairs, of any and all property damaged or destroyed by reason of any work done
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hereunder, whether such property be owned by the United States, or any agency thereof, or
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the State of California, or any agency or political subdivision thereof, or by the City, or by
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any public or private corporation, or by any person whomsoever, or by any combination of
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such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
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approval, of the City Engineer.
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6.
Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to
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the commencement of any work to be performed within the area delineated on the map, a
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written statement signed by Subdivider, and each public utility corporation involved, to the
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effect that Subdivider has made all deposits legally required by such public utility corporation
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for the connection of any and all public utilities to be supplied by such public utility
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corporation within the Subdivision.
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7.
Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
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obtain all necessary permits and licenses for the construction of such improvements, give all
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necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
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provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
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8.
Superintendence by Subdivider.
Subdivider shall gIve personal
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superintendence to the work on said improvement, or have a competent foreman or
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superintendent, satisfactory to the City Engineer on the work at all times during progress, with
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authority to act for Subdivider.
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9. Insp~ction 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:
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(a)
(b)
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(c)
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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 o/'this Agreement;
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,
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
subj~ct to the approval of the City Engineer and the City Attorney.
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Subdivider's Insurance. Subdivider shall not commence work under this
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Agreement until Subdivider shall have obtained all insurance required under this paragraph,
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and such insurance shall have been approved by City Attorney as to form, amount and carrier,
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nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
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or subcontract until all similar insurance required of the contractor or subcontractor shall have
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been so obtained and approved. All requirements herein provided shall appear either in the
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body of the insurance policies or as endorsements and shall specifically bind the insurance
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carner.
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(a)
Worker's Compensation Insurance/Employer's Liability Insurance.
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Subdivider shall maintain, during the life of this Agreement, Worker's
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Compensation Insurance and Employer's Liability Insurance for all
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Subdivider's employees employed at the site of improvement, and, in case any
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work is sublet, Subdivider shall require any contractor or subcontractor
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similarly to provide Worker's Compensation Insurance and Employer's
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Liability Insurance for all contractor's or subcontractor's employees, unless
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such employees are covered by the protection afforded by Subdivider. In case
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any class of employees engaged in work under this Agreement at the site of the
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project is not protected under any Worker's Compensation Law, Subdivider
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shall provide, and shall cause each contractor and subcontractor to provide,
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adequate insurance for the protection of employees not otherwise protected.
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Subdivider shall indemnify City for any damage resulting to it from failure of
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either Subdivider or any contractor or subcontractor to take out or maintain
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such insurance.
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(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
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damage insurance as shall insure City, its elective and appointive boards,
,.,
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commissions, officers, agents and employees, Subdivider and any contractor or
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subcontractor performing work covered by this Agreement from claims for
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damages for personal injury, (as defined hereunder), including death, as well as
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from claims for property damage or product liability which may arise from
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Subdivider's or any contractor's or subcontractor's operations hereunder,
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whether such operations be by Subdivider or any contractor or subcontractor,
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or by anyone, including, without limitation, agents, employees or independent
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contractors, directly or indirectly employed by either Subdivider or any
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contractor or subcontractor, and the amounts of such insurance shall be as
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follows:
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(I)
Public Liability Insurance. In an amount not less than One Million
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Dollars ($1,000,000.00) for injuries, including, but not limited to,
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death, to anyone person, and, subject to the same limit for each person,
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in an amount not less than One Million Dollars ($1,000,000.00) on
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account of anyone occurrence; Product Liability Insurance coverage
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should be part of the Public Liability Insurance;
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(2)
Property Damage Insurance. In an amount not less than One Million
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Dollars ($1,000,000.00) for damage to the property of each person on
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account of anyone occurrence.
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In the event that any of the aforesaid insurance policies provided for in this
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Paragraph II insures any entity, person, board or commission other than those
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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
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appointive boards, commissions, officers, agents and employees, Subdivider
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and any contractor or subcontractor performing work covered by this
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Agreement.
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(3)
Tail Coverage. Insurance coverage, albeit for public liability or
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property damage, shall be written, if possible, on an "occurrence" form
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rather than a "claims made" policy. If the insurance policy is written
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on a "claims made" policy, then additional coverage, entitled "tail
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coverage" must be purchased to cover a period of one (1) year from
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completion of the project. All subcontractors must and shall comply
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with the same insurance provisions as the contractor(s) and
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subdivider(s ).
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(4)
Personal Iniury - Defined. As used herein, the term "personal injury"
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shall be defined as a hurt or damage to one's person including, without
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limitation, damage to health, cuts, bruises, broken limbs and/or bones,
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or the like, disabilities or impairments, including aggravation of
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existing injuries, or invasion of personal rights, including libel or
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slander criminal conversation, malicious prosecution, false
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imprisonment and mental suffering.
Subdivider and contractor shall furnish City,
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Evidence of Insurance.
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concurrently with the execution hereof, with satisfactory evidence of the insurance required,
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and evidence that City is named and endorsed on the policy as an additional insured.
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Subdivider and contractor shall also provide City with evidence that each carrier will be
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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.
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Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and hannless 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 of 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 perfomlance by its officers, employees, agents) from
the terms of this Agreement, whether such operationslincidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shalL defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any 01' 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
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insurance policies described in Paragraph I] hereof.
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(b)
That the aforesaid hold harmless agreement by Subdivider shall apply to all
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damages and claims for damages of every kind suffered, or alleged to have
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been suffered, by reason of any of the aforesaid operations referred to in this
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paragraph, regardless of whether or not City has prepared, supplied or
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approved of Plans and/or Specifications for the subdivision, or regardless of
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whether or not such insurance policies shall have been determined to be
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app] icab]e to any of such damages or claims for damages.
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This provision is not intended to create any cause of action in favor of any third party against
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Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Deve]oper's
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]iability but is intended solely to provide for indemnification of the City from ]iability for
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damage or injuries to third persons or property arising from Subdivider/Developer's
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performance hereunder.
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]4.
Tit]e to Improvements. Tit]e to, and ownership of, all improvements
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constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
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acceptance of such improvements by City.
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15.
Repair or Reconstruction of Defective Work. If, within a period of one year
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after final acceptance of the work performed under this Agreement, any structure or part of
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any structure furnished and/or installed or constructed, or caused to be installed or constructed
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by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
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requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
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without delay and without any cost to City, repair or replace or reconstruct any defective or
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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
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determined by the City in the exercise of its sole discretion require repair, replacement or
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reconstruction before the Subdivider can be notified, City may, at its option, make the
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necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
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the City the actual cost of such repairs plus fifteen percent (15%).
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16.
Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's
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agents or contractors are, or shall be, considered to be agents of City in connection with the
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performance of Subdivider's obligations under this Agreement.
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17.
Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
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all permit fees for all engineering inspections and other services connected with the City in
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regard to the subdivision. Said fees shall be paid prior to commencing any construction.
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18.
Notice of Breach and Default. If Subdivider refuses or fails to obtain
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prosecution of the work, or any severable part thereof, with such diligence as will insure its
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completion within the time specified, or any extensions thereof, or fails to obtain completion
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of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
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Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
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receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
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of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
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provisions of this Agreement, City Engineer or City Council may serve written notice upon
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Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
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default of Subdivider.
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Breach of Agreement; Performance by Surety or City. In the event of any such
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notice, Subdivider's surety shall have the duty to take over and complete the work and the
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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
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over the performance of the contract, and does not commence performance thereof within five
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days after notice to City of such election, City may take over the work and prosecute the same
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to completion, by contract or by any other method City may deem advisable, for the account
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and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
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excess cost or damages occasioned City thereby; and, in such event, City, without liability for
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so doing, may take possession ot~ and utilize in completing the work, such materials,
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appliances, plant and other property belonging to Subdivider as may be on the site ofthe work
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and necessary therefor.
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20.
Notices. All notices herein required shall be in writing, and delivered In
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person or sent by registered mail, postage prepaid.
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(a)
Notices required to be given to City shall be addressed as follows:
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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:
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Northpark 19, LLC
13160 Mindanao Way, Suite 180
Marina del Rey, CA 90292
(c)
Notices required to be given to surety of Subdivider shall be addressed as
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follows:
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INSCO INSURANCE SERVICES, INC.
17780 Fitch, Suite 200
Irvine, CA 92614
Provided that any party or the surety may change such address by notice in writing to the
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other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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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
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assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
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and year first above written.
Approved as to form
and legal content:
By:
ATTEST:
LL~ 481; f'Ab
City Clerk
J alles, Mayor
. y of San Bernardino
SU
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JAMES F. PENMAN,
City Attorney,
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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 )
Q ) ss.
COUNTY OF ---Il\'-.\~\(\~
On this ! 7 fh day of /Jt1tJeWl~P/ , 200~ before me, the
undersigned, a Nota~ Public in and for said County and State, personally appeared
(;-- a-h? . 'n ;"
personally know to me or proved to me on the . evidence) to be the
~ 2e: President, and ' . t ~~ personally known to
me (or roved to basis of satisfactory evidence) to be the
of the corporation t at execute the within instrument, and
know to me to be the rsons 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. ~ - - - - ~ ~ - - - - - - ~
@ BREJESH ARVIND PATEl
. -" Commission # 143051 7
~ .~. . Notory Public - Califo~nia ~
Riverside County
, My Comm. Fxplres JUl14, 2007
C:J~ >t--
Notary Signature
(This area for official seal.)
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LiIXl@:l
InScG!IICC
~@[1J]~
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. 725498S
$ 5,480.00
a term of
Two
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19, LLC, a California limited liability company , as Principal,
and Developers Surety and 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
800 North D Street, San Bernardino, CA 92418
as Obligee, in the sum of Two Hundred Seventy Four Thousand and NO/10Oths ---------------------------------------------------
-------------------------------------------------------~-------------- ($ 274,000.00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.168~,
StreetlS~DraifliSewer _. 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 perfonn said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine
California, this
10th
day of
November
2005
YEAR
"PRINCIPAL"
"SURETY"
.tIJ()rthpark 19, LLC, a ~~'!!.ornia limited liability company
Developers Surety and Indemnity Company
B) \ ~'" I " t}j. ~QJ
Vi~~ Attorney-ill-Fact
10-1266 (CA) (REV. 1101)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
NOV 1 0 200S
before me,
On
personally appeared
Victoria M. Campbell
Melissa A. Covarrubias. Notary Public
Name and Title of Officer (e.g.. "Jane Doe, Notary Public")
Names) of Signer(s)
a:J personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that 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.
J@- - ~lI;SA~.~O~AR~U;IAS- f
COfTVTltsslon 1/ 1562658
~ Notary Public - CoUlomlo ~
Orange County -
MyComn. ExpIres Ma 22. 2009
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[j Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
80-1133 9/97
Number of Pages:
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
lfC=G~
InSc:cmll:O
@)~@I1!J~
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-:jJ8~D NO. 725498S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19, LLC, a California limited liability company ,as Principal,
and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtuc 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 fimnly bound unto
City of San Bernardino
Obi' . th f One Hundred Thirty Seven Thousand and NO/10Oths ------------------------------------------------
as Igee, In e sum 0
------------------------------ ------ ---- ---- ------------ -- -- -------- - ($ 13 ( ,UUU.UU ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the abovc named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
City of San Bernardnio
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. TR #16865 Street/Storm Drain/Sewer Improvements
by the Government 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 Irvine
California, this
10th
day of November
2005
YEAR
"PRINCIPAL"
"SURETY"
Northp~rk 19, LLC, a California limited liability company
Developers Surety and Indemnity Company
,
BY:
10-1265 (GA) (REV. 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
On
NOV I D 2005
before me,
Melissa A. Covarrubias. Notary Public
Name and Title of Officer (e.g., uJane Doe, Notary Public")
personally appeared
Victoria M. Campbell
Names) of Signer(s)
IiJ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that 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.
@
MELISSA A. COVARRUBIAS
CorrvnIssIon (; 1562658
NotClly PublIc - CO/ilomlo ~
Orange Counly
Comm. ExpIres Mar 22. 2009
WITNESS my hand and official seal.
~
OPTIONAL
Though the information below is not required by law, il may prove valuable to persons relying on Ihe document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
[j Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
BO-1133 9/97
lJC=a~
InSc:rmll:C
@j~I1!J~
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.: 725498S
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Northpark 19, LLC, a California limited liability company
and Developers Surety and Indemnity Company
and by virtue of the laws of the State of Iowa
business in the State of California, as Surety, are held and firmly bound unto
, as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
City of San Bernardino
as Obligee, in the sum of Sixty Eight Thousand Five Hundred and NO/1 OOths ------------------------------------------------
($ 68,500.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
TR #16865 Street/Storm Drain/Sewer Improvements
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
10th
day of November
2005
YEAR
?2~~
Developers Surety and Indemnity Company
10-1201 (CA)(One Year Term)(REV. 3/01)
"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
On
NOV 1 0 2005
before me,
Melissa A. Covarrubias. Notary Public
Name and Title of Officer (e.g., U Jane Doe. Notary Public")
personally appeared
Victoria M. Campbell
Names) of Signer{s)
Ii] personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that 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.
i@--- - M~lI;;" ~. ~O~A~U;IAS- f
- Commission (I 1562658
Notary PublIc - California f
Orange County -
MyComm.Exp/resMar22.2009
WITNESS my hand and official seal.
~
tgnature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
D Title(s):
D Partner - D Limited D General
ex Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
D Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
8D-11339/97
:!IICO
.:EJ:~:C~DQ:j\F"
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 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 the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
www.inscodico.com
1
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE. CA 92623 (949) 263-.1300
KNOW ALL MEN BY TIIESE PRESENTS. that except 'IS expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. herehy make. constitllte and appoint:
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
~s their true <llld l<lwful Attorney(s)-ill-Fact. to ll1;Jke, execute. deliver and acknowledge. for .lIlt! 011 beh,lIf of s<lid corpor<ltions, as sureties, bonds. undert<lkings
and <.:ontracts of suretyship giving Hlld granting unto s;1id Allorlll:y(s)-in.Fact full powL'r alld <ll11horily to do and to pL'rfol'm every act ncccssalY. requisite or proper
to he done in COllllL'ctioll therewith as each of said corporations could do. hut reserving to each of said corporations full pOWl'r of substitution and revocation. and
all ofthl' acts of said Altorncy(s)-in-Facl. pursuant to these presents. <liT hereby ratitkd and I.:onfirmed.
This Power of Atlornt'y is granted nnd is signed by fncsimile under nnd by nuthority of the following resolutions ndopted by the respective Bom-d of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. etleetive as ofNovemher i. 2000:
RESOLVED. that the Chairman of the Board. thl: President and any Viel: President ofthl: corporation be. <.lnd that each of them hereby is. authorized to
execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to exel.:ute. on hehalf of the corporations. honds. undertakings iJnd contracts
of suretyship; <lIld that the Secrctmy or nny Assistnnt Secretnry of the I.:orporntions be. and e<lch of them herehy is. <luthorized to nttt'st the execution of any such
Power of Attorney;
RESOLVED. FURTIIER. thai the signatures of such offin:-rs may he atllxed to any such Power of Attonll:y or to .my certificate rel.lting thereto by
facsimile. and any slKh Power of Attorney or certitil:<lte hl:<lring such facsimile sign.ltures slwll be valid <Ind binding upon the corporation when so atllxed and in
the futun: \vith respect to <lilY hondo undertaking or contract ofsurdyship to \vhich it is attucheLI.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA have severally eallsed
these presents to be signed by their respective executive Vice President and altestt'd by their respective Secretary this 1st day of October. 2003.
C-~)~
"""":'N'O'h'",,
...."'''\''<,.. l.t"",
""~'<-""'"''''''''~~'''
/~","'o~~ Of?4 ;::....", '\
:r,,'" v (:' .~~:.
: 0:: ; OCT. , -< :
;~; 10 EnE
\C)\ 1936 /~l
\~""'" IOWto. ......'-4'1>/
.../0 .............. ..~"...
"""""'.~'I"""""
By:
", ,,,;,,,, ""l\];;~
W<1lter A. Crowdl. Secretary
STATE OF CALIFORNIA
)
)SS
)
COUNTY OF ORANC,E
On Octo her 1.1(0). before me. Di<1ne J. Kawntn. person<1lly <1ppcnred D<1vid H. Rhodes I.1nd W<llter A. Crowell. personally known to me (or proved to
me on the basis ofs<ltisfactory evidcncc) to he the persons whose names are subscribed to the within instrument and ncknowledged to mc that they executed the
same in their authorized \:apacitics. and that by thcir signatures on thc Instrument the entity upon bchalf of which thc persons acted. cxccutcd the instrul1lent.
Signature
o
::!
:;;
f
DIANE J. KAWATA
COMM. # 1334746
Notary Public - California
ORANGE COUNTY
My Comm. Expires JAN. 8, 2006 ~
"
;;
o
S:::3~-
CERTIFICATE
The undersigned. as Senior Vice-President. Undelwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. does hereby certify thnt the toregoing Power of Attorney rel1l<1ins in full torce and 11l.1s not been revoked. and furthermore. that the provisions
of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. me in torce as of the date of this CeI1itic<1te.
NOV 1 0 2fXT:i
This C\:rtiticate is executed in Ihl: City of Irvine. California. thc _ day of
I D- URO (Rev. I tli(3)
lfD=O~
InSCcelco
@3~[LJJ~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200. Irvine, California 92614. (949) 263-3300
www.lnscoDico.com
BOND NO. 725500S
$ 114.00
term of Two
premium is for a
year(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Northpark 19, LLC a California limited liability
Company
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TR #16865
; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal, and the Developers Surety and Indemnity Company
17780 Fitch, St., Ste 200, Irvine, CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of Five Thousand Seven Hundred and NO/100ths
-------------------------------------------------------------------------------------------------------- , ($ 5,700.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on November 10 , 20 05
Surety
Developers Surety and Indemnity Company
By \ lrlm~
ViCforia M Campbell
Attorney-In-Fact
ID-1416 (GA) (7/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
On
NOV 1 0 2005
before me,
Melissa A. Covarrubias. Notarv Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Victoria M. Campbell
Names) of Signer(s)
/iJ personally known to me - OR - 0 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.
~(I~ - - - ~L~ -;.. ~~AR~U;IAS- J
_ Commission # 1562658
~ .~ NoIaIy PublIc . Callfomla i
~. Orange County f
_ _ _ ~:~:..~_~22,:}~
WITNESS my hand and official seal.
.
~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer{s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
ex Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
8D-11339/97
::Oleo
,_~J?~~C~D1[_.p.,:
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 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 the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine. CA 92614
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE. CA 9~6~J (949) ~6J-JJO()
KNOW ALL MEN BY T1IESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY alld INDEMNITY
COMPANY OF CALIFORNIA. do each. herehy make. collstitute alld appoillt:
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
as their true and lawful Attorney(s)-in-Fnct. to make. exec lite. deliver and acknowledge. for alld 011 behalf of snid corporations. as sureties. bonds. 1Illdert<lkings
and contracts ofsun:tyship giving and granting Ullto said Attorl1cy(s)-in-Fact full power and authority to do ..lilt! 10 perform every i:u:t Ilcccssmy. n:quisih: or proper
to be dOlle in cOllllection therewith as C,\(:11 of said corporations could do, but reserving 10 each of Silid corporations full POWl:!' of substitution and revocation. and
<111 offill' acts of stlid Attorncy(s)-in-Fact. pursuant 10 these presents. arc hereby ratitied and confirmed.
This Power of Attorney is granted and is signed by facsimile under ~nd by authority of the following resolutions adopted by the respective Bo~rd of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effeetive as of Novel1lher 1.2000:
RESOLVED. that the Chairman ofthc Board. the Prcsident and any Vice Prcsitknt of the corporation be. and that each ofthcm hercby is. authorized to
exccute Powers of Attorncy. qualifying the attornl....y(s) namcd in thc Powcrs of Attorney to cxccute. on hehalf of the corporations. bonds. undcrtakings and contracts
of suretyship: ~nd that the Secrctnry or ~ny Assist~nt Secretary of the corporations be. ~Ild each of tllem hereby is. authorized to attest the execution of any such
Power of Attorney:
RESOLVED. FURTIIER. that the signatures of such officers may be anixed to any sLlch Power of Attorney or to ,lilY certificate relating thereto hy
hlcsilllile. <llld ,lilY sllch Power of Attorney or certiticate bl.'aring sHch hlcsimilc signatures shall he v,did ,111d binding upon the corporation when so atlixed and in
the future with respect to ,lilY bond. undertaking or COlltl'<lCt of surL'tyship to which it is attachcd.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st (by of October. 2003.
C-=)~
By:
",D"'" 'A[;;~
Walter A. Crowell. Secretary
"","11111'"",
,""~i AND I~""',
.,~<c. ........... ()~',
/~ ....~~POR4>.~;:'-:.
!c"./(,J ~\~~\
-"'. OCT. '-<.-
~~~ 10 ~oE
l c:, \. 193 6 /~ I
\;,>..... .....1>i
""'~ ../owto. ...~.J,..,
"',,0 .............. '1'.....
""""'llIt""""",'
STATE OF CALIFORNIA
)
)SS
)
COUNTY OF ORANGE
On October 1.2003. before me. Diane J. Kawata. personally <lppeared David H. Rhodes and W<llter A. Crowell. person<llly known to me (or proved to
me on the basis of satist~lCtory evidence) to be the persons whose names arc subscribed to the within instrumcnt and acknowledgcd to mc that they cxecuted the
same in their authorized c,lpacities. and that by their signaturcs on the instrument the entity upon hehalfofwhich the persons acted. cxccuted the instrumcnt.
Signature
o
:;;
3:
l
~:j~~~
DIANE J. KAWATA
COMM. # 1334746
Notary Public - California
ORANGE COUNTY
My Comm. Expires JAN. 8, 2006 ~
<;
'"
;;:
o
CERTIFICATE
The undersigned. as Scnior Vice-President. Undclwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. does hereby cel1ify th~t the foregoing Power of Attorney ]'em~ills in full force and hLls not heen revoked. and f1ll1henl1ore. that the provisions
of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the d~te of this Cel1ificate.
This Certificate is executed in tIll...' City of Irvine. (',lIifo1'lli,1. the _ day of
NOV10ml
w~
enior Vice-President. Underwri I g
I D- I 3XO (Rev. 1010.1)
.
LiC=8C"l
InScli!JlI::C
@j~@)I1D~
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. 725499S
$ 690.00
a tenn of
Two
premium is for
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Northpark 19, LLC, a California limited liability company , as Principal,
and Developers Surety and 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 firmly bound unto
City of San Bernardino
800 North D Street, San Bernardino, CA 92418
as Obligee, in the sum of Thirty Four Thousand Five Hundred and NO/1 OOths -------------------------------------------------
------------------------------------------------------------------- ($ 34,500.00 ) 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, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.16865 ,
LMD Landscaping cntcred 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 perfonn said agreement
or agreements during the original tenn thereof or of any extension of said term that may be granted by the Obligee with or without
noticc to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine
California, this 10th
day of November
2005
YEAR
"PRINCIPAL"
"SURETY"
~FA~:b;::.."<Y~ ~^' '
(/ \~
ID-1266 (GA) (REV. 1/01)
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Orange
On
NOV 10m
before me,
Melissa A. Covarrubias. Notary Public
Name and Title of Officer (e.g.. "Jane Doe, Notary Public")
personally appeared
Victoria M. Campbell
Names) of Signer(s)
Ii] personally known to me - OR - 0 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.
@ MELISSA A. COVARRUBIAS
CornrntssIOn # 1562658 ~
. Notay PublIc . CaUtomlO ~
Orange County
MyCorrm. Explres Mar 22. 2009
Signature of Notary Public
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fonn to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
D Title(s):
D Partner - D Limited D General
ex Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
D Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
BO-1133 9/97
::Oleo
~rfr~;,i'5)lD,r~:
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 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 the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine. CA 92614
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE. CA 92623 (949) 263-3300
KNOW ALL MEN BY TIIESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. herehy make. constitLlte and appoint:
***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha,
Michael Chalekson, joint or severally***
as their true rind I<wiful Attorney(s)-in-Fact. to ll1<-lkc. execute. deliver and ackno\l.r1edge. for ,-lIld 011 hehalf of said corporntions. as sureties. bonds. undertakings
and contracts of stll'L'tyship giving and granting unto siJid AllOrllL'y(s)-in-Fat.:t full pOWl'r i.llld authority 10 do ;Jlld 10 pcrforllll'vcry act necessary. n:quisitc or proper
to he dOll!.: ill cOllllection therewith as each of said corpor,lliolls could do, out rl'scrving to c,-H:h of said corporations full power of substitution and revocation. and
all ofthl' acts of said Attorncy(s)-in-Fact. pursU,-lIlt to these presents. an: herehy ratitkd and confirmcd.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY a"d INDEMNITY COMPANY OF CALIFORNIA. effective os of November 1.2000:
RESOLVED, that the Chairman of the Bo.mL the President and any Vicc Presidcllt of the corporation he, and thaI each of them hereby is, authorizcd 10
execule Powers of Attorney. qualifying the attorneyts) namcd ill the Powers of Attorncy to cxc<:uh:. on beh.lIf of Ihe corporations, bonds, undertakings and contra<:ts
of suretyship: and th,lt the Secretary or any Assist.lIlt Secretary of the corporntions be. and each of them hereby is. authorized to attest the execution of any such
Power of Attorncy:
RESOLVlD. FURTIIER, that Ih<: sign.llures of stich oftlens IlWY be ;lITixed to .11lY such Pmver of Attorney or to .11lY certificate relaling therelo by
filcsimile, and any sLlch P(l\ver of Attorney or certifi<:ale bearing: such filcsimile signatures shall be valid and binding upon the corporation when so atlixcd and in
the future with respect to any hond. undertaking or contract of suretyship to \vhich it is .1t1achL'd.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally eallsed
these prcscnts to be signed by their respectivc Executive Vice President and nttcsted by their respective Secretnry this 1st dny of October, 20tH.
c-=)~
,.,11111111""
\\\\\'i AND /"""
,.''-'-'''.................:''a...''"
,.''''.... .., POll ". ,,,- '-.
~"'....o~ 4.>",:~""
: ." v (to .:~-:
f~f OCT. \:;.~
i~; 10 l(")i
;C)\ 1936 /I21
-. ;'>'. ." ';;,
\-1: ..... IOWto- ......~ l
'",fo .............. "t-~\\\\..
""""I"I~I'""""'\
By:
"D"," " A};;~
Wnlter A. Crcl\vell. Sccrelnry
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANC,E
0" Octoher 1.2003. before me. Diane J. Kawata. personally appeared David H. Rhodes a"d Walter A. Crowell. personally known to me (or proved to
me 011 the basis of satisfilCtory evidence) to be the pcrsons whose names arc suhscrihed to the within instrument <Ind acknowledged to me that they executed the
same in thcir authorized capacities. and that by their signatures 011 the instrument the entity upon hchalfofwhich the persons acted, executed the instrulllent.
S:3~-
~--~.- DIANEJ KAWATA i
Q~'; COMM #I 1334746 ~
:! ~""oo;' ~ Notary Public - CalifornIa :;;:
:;: ~- ORANGE COUNTY ::!
l ~ ., My Comm ExpIres JAN 8 2006 ~
Signnture
CERTIFICATE
The undersigned. as Senior Vice-President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. does hereby cel1ify that the foregoing Power of Attorney remnins in full force nnd has not been revoked. <lIld f1ll1hermore. that the provisions
of the resolutions of the respective Bonrds of Directors of snid corpor<ltions set forth in the Power of Attorney, are in force as of the date of this Cel1ificate.
This Certiticate is executed in the City of Irvine. California. the ~ day of
NOV f 0 2005
w~
enior Vice. President. Underwri 1 g
I D-I3XO (Rev. 101(3)
ACORD DATE (MM/DDfYYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/24/2005
TM.
PRODUCER Phone: (303) 805-AVID(2843) Fax: (303) 805-2845 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AVID INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 456 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PARKER CO 80134 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
I PROBUILDERS SPECIALTY INSURANCE CO, RRG
INSURED INSURER A:
---
CALPROP CORPORATION; NORTH PARK 19. LLC ! INSURER B:
DRAKE DEVELOPMENT, LLC INSURER C:
13160 MINDANAO WAY -
MARINA DEL REY CA 90292 INSURER 0:
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 ANO CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADO'l TYPE OF INSURANCE , POLICY NUMBER Pg;~i~~~~~~ P~~~:(~~~~N LIMITS
L TR INSRD
GENERAL LIABILITY WPIN5005435 08/02/05 ; 08/02/06 i EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY, DAMAGE TO RENTED $ excluded
PREMISES (Ea occurence)
CLAIMS MADE X ' OCCUR I : MED~ EXP (Anyone person) $ 5,000
A PERSONAL & ADV INJURY $ 1,000,000
-
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM PlOP AGG $ 1,000,000
X PRO- !
POLICY JECT ' LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
, (Ea accident) $
ANY AUTO
ALL OWNED AUTOS I BODILY INJURY
(Per person) i$
SCHEDULED AUTOS !
HIRED AUTOS ! BOOIL Y INJURY
$
NON-OWNED AUTOS ! (Per accident)
! PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO QNL Y - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
, . AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY . : EACH OCCURRENCE $
OCCUR CLAIMS MADE , AGGREGATE $
I i
I $
OEOUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND we STATU- OTHER
TORY LIMITS
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE , E.L EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $
If Y.C, dellc;ribe LInder
SPECIAl.. PROVISIONS below E.L DISEASE.POLlCY LIMIT $
I
OTHER:
,
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
TRACT NUMBER: 16865
CITY OF SAN BERNARDINO
300 N 0 ST
SAN BERNARDINO, CA 92418
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE
INSURER, IT'S AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
Certificate #
@ACORDCORPORATION 1988
Attention:
LYNN PARKER
ACORD 25 (2001108)
10911