HomeMy WebLinkAbout2006-005
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RESOLUTION NO. 2006-5
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16795,
4 LOCATED BETWEEN BELMONT AND OHIO AVENUES, WEST OF THE VACATED
CHESTNUT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT,
5 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
6 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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12 Residential Low land use district, together with the provisions for their design and improvement,
SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 16795,
located between Belmont and Ohio Avenues, west of the vacated Chestnut Avenue in the RL,
13 is consistent with the General Plan of the City of San Bernardino.
14 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
15 City to execute the standard form Subdivision Improvement Agreement with Belmont 54
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Holdings, attached hereto as Exhibit A for the improvements in said Tract Map as are required
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by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
time for performance is as specified in the A greement. 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 3. The Final Map of said Tract Map is hereby approved and the City of San
23 Bernardino hereby accepts as public property all dedications within the subdivision as shown on
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said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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2006-5
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16795,
LOCATED BETWEEN BELMONT AND OHIO AVENUES, WEST OF THE VACATED
3 CHESTNUT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
4 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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7 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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The City Clerk shall certify approval and acceptance of the Mayor and Common Council
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as set forth in this Resolution.
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
12 it within sixty (60) days of the passage of this Resolution.
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2006-5
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
16795, LOCATED BETWEEN BELMONT AND OHIO AVENUES, WEST OF THE
3 VACATED CHESTNUT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE
4 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
FOR PERFORMANCE SPECIFIED.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
9 on the 9th day of January
10 Council Members:
11 ESTRADA
, 2006, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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21 The foregoing resolution is hereby approved this
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24 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
BY~~
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
I)d
day of
j)2.te~ ,2006, by and between the CITY OF SAN BERNARDI~O, a Municipal
Corporation, hereinafter referred to as "City," and Belmont 54 Holdings, LLC hereinafter
referred to as "Subdivider."
RECIT ALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16795; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
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construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance \vith, and as required by. the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
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E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code
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NOW THEREFORE. for and in consideration of the approval of the map and of th.:
acceptance of the dedications, or some thereof, therein offered and in order to insuI.:
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 perfom1, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner. and fumish
al\ required materials, al\ to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which arc now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereo f.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be glankd
without notice to the Subdivider's surety, and extensions so granted shall not relicn the
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
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 ShOWI1 011 the map
which have been destroyed or damaged, and Subdivider shall replace. or ha\c 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 thereat: or
the State of California, or any agency or political subdivision thereof, or by the City. or by
any public or private corporation, or by any person whomsoever. or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utility Deposits - Statement. Subdivider shall file with the City Clerk. prior to
the commencement of any work to be perforn1ed within the area delineated on the map. a
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
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply \-vith all
provisions of the Subdivision Map Act and Title 19 San Bernardino 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 wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereo f, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as securi ty for the guarantee
and warranty of the work for a period of one (1) year follo\ving the completion
and acceptance thereof against any defective work or labor done, or defecti\e
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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II. Subdivider's Insurance. Subdivider shall not commence work untkr this
Agreement until Subdivider shall have obtained all insurance required under this paragraph.
and such insurance shall have been approved by City Attomey as to form, amount and carric:r.
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 ha\'e
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Employer's Liability Insurance,
Subdivider shall maintain, during the life of this Agreement. \\' orker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of impro\ement. and, in cas.: an~
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all c ,ll1tractor's or subcontractor's employees. unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agree!TIent 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 pro\'ide.
adequate insurance for the protection of employees not otherwise protected,
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement. such public liability and propeny
damage insurance as shall insure City, its elective and appointive boards.
commissions, officers, agents and employees, Subdi\'ider and any contractor or
subcontractor perfom1ing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder). including death. as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder.
whether such operations be by Subdivider or any contractor or subcontractor.
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor. and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000,00) for injuries, including, but not limited to.
death, to anyone person. and, subject to the same limit for each person.
in an amount not less than One Million Dollars ($ I ,OOO.O()O.O()) on
account of anyone occurrence; Product Liability Insurance coycrage
should be part of the Public Liability Insurance;
(2) Property Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph. such policy shall contain a standard 101111 of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdi\ider
and any contractor or subcontractor perfom1ing 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" fonn
rather than a "claims made" policy. If the insurance policy is \\Titten
on a "claims made" policy, then additional coverage. entitled ..tail
coverage" must be purchased to cover a period of one (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor( 5) and
subdivider(s).
(4) Personal Iniury - Defined. As used herein, the tem1 "personal injury"
shall be defined as a hurt or damage to one's person including, \vithout
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing 111Junes, or 111vaSlOn of personal rights, including libel or
slander criminal conversation, maliciolls prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish Citv.
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 \\ill 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 Agrecment.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards.
commissions. officers, agents. employees and servants free and ham1less 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/Iegal 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 enulr,:ration, all other claims or demands of e\ery
character occurring or in any way incident to, in connection with or arising directlv or
indirectly, (including from the negligent performance by its officers, employees. agcnts) from
the terms of this Agreement. whether such operations/incidents arc caused bv 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 vider,
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 C it)', 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:
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(a) That City does not, and shall not. waive any rights against Subdivider \vhich it
may have by reason of the aforesaid hold hannless agreement. because of the
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acceptance by City, or by deposit with City by Subdivider, of any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider'sIDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
detem1ined 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 perfom1 the necessary work, and Subdivider shall pav to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtalll
prosecution of the work, or any sev~rable part thereof, with such diligence as \\ill insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or)f Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof. and
default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any slIch
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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serving upon of such notice of breach, does not give City \vritten notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the \I all
and necessary therefor.
20,
Notices, All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid,
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b)
Notices required to be given to Subdivider shall be addressed as follows:
Belmont 54 Holdings, LLC
434 NQrth Second Avenue, Upland, CA 91786
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
Strong Surety Insurance Services
4850 Arlington Avenue, Suite B, Riverside, CA 92504
Provided that any.party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21, Successors Bound, This Agreement shall be binding upon and inure to the
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benefit of each of the parties and their respective legal representatives, Sllccessors, heirs and
assIgns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~ b. C)~~
Cit. lerk
Approved as to fornl
and legal content:
JAMES F. PENMAN,
City Attorney,
By: Belmont 54 Holdings, LLC
By:
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By:
~ i'2d
Fe iz rdo RObletJ~------
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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
On this S+v. day of hrc,,",-'o..Lv _,2005, before me, the undersigned. a
Notary Public~ and for said Co~_nty and StateJpersonally appeared
t c:- r 2- Go ~ d 0 - ~ b!.-- s, ,r-
personally know to me (m- proved to 1m. Ull tl,,;; basis of satisfc1ctOly e,idclIl.t:) to be the
President, ftflti- per-sonaHy k.nQ.\u~.W
me (or proved to me ontl.<. bllSis of 3atisfactor~1 f'vidence} to be--ifte"'
of the corporation that executed the within instrument. and
know to me to be the person' who executed the within instrument on behal f 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.
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
COUNTY OFdc. ~o.V""c.--.-cL.u
)
) ss.
)
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Jij- ~-=2" f
.. Notarv PublIc . CaIIfomla f
J__~~~~~~
(This area for official seal.)
~""''''~'-'''''-'''' "'"', ~
d~@
American Contractors Indemnity Company ~~
Subdivision Improvement Bond
EXECUTED IN DUPLICATE
Bond No. 2_33~~
Pren1Jllll1 S ]L~4~~___
KNOW ALL MEN B'{ TilESI' PRESENTS
Th,11
BELMONT -;~ HOLDINGS. LLC
_____.. as f'rll1clp,il.
and Amcrlcan Contr,lclors Indcml1lty Comp,lny. a corpuratlon organIZed and eXI,ling undcr the I,I\VS 01' the Stale 01
C,lIlfornla and IluthortLed to tran"lCt surety bu,me" In the Slate of Call1'orlll,l. ,I, Surety, arc held and []rmly hUllnd
Ul1l0 _________JcITY OF SAN I3LRNAR[)I!\C).,tI.~"'2!.Cll''!.l..c.'''ll)'-)'-atl()'!.____,_
as Obligee, III Ihl' sum 01'
ONE \i1\,LlON FIV! IIUNLlRLD SIXTY TWO THOUSAND AND NOI!OO - - - - - -
( SJ'-C'G2,Q(jQ()()
__J, lor the
payment whereof. well ,me! tl'uly to be made, said T'rtnclp,il Ilncl Surety bmd themselves. their heirs. adlllllllstrlltOl',
,uccc,sor, ,md assigns. JOintly and sever,lIly, ['Irmly h)' these plTselils
IHI' CONDITION OF TillS OBU( i/\TION IS suell TIIAT Whl'1cas. the I'nnclp,t! Oil
DJCJ!vllJll< -;
~OO:i
entered Into an Agrecmcnt With the Obligec whercm the l'J'illclpal agreed to cOll1pkte the
following i1l1provel11ents'
STREIT IMI'ROVLMENTS. STORM DRAIN IMI'ROVLMLNTS. S,\NIT/\RY SlOWER
1'; 1\II'RUVlcIVII:NTS, AND I.AI\DSCAI'ING !\NIJ II\RIG;\TION lOR TRACT It,?')5
,IS more fully ,et rmth 111 :;;IId Agreement. which IS "llael,ed hereto and m~lde a l'"rlllereorllY reference:
NO\V, TIIEREFORr, ir the Prmclplll shtlil well tlnd truly pcrlilrtn and rulllll all or the covenants, terms and
l'(ll1LlllltlnS of thc SillcI Agreemcnt, then Ihis OII]lgtillon ,hall hc null ,1I1d VOid; otherWise 10 rem,lIn ill ru!l rmce alld
ellecl PrOVided, howe\'er' I) That the consent 01 Surely shllll he reqUired im allY extenslOll ortlmc to complete :;;1lL1
IInpruvemellts. 2) That 110 light or iletion shall accruc hereunder 10 m f(n the bcnc!]1 of any person, Ilrm 01
corpOrtltlon other than the obligee named herelll
Signed. scaled tllld dated
Dt.:cl'll1bcr :28
~(J(J5
BELMONT 54 IIQLPINC,S, L~____
American Contractors Indemnity Com pan)
.,~ u.. ,Q.l~~ '-C_~\.,"-- \.-C"':~C'-::::: ~ ______,
SUSAN C. ~10NTEON !\tlorncY-lll-I",ltt
p,."1..CI11"[....... "--...~'
~//--.
"..../ ,,~
.// ~: // .'
~5f ."'~ :~,.~ ___~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~s;:<.'^,",<'-QC.e<'.e<'.e<'===-~""~~~~Q::..Q::~=~<::c..Q::<<<<'<"<<~&,<,~~<<<<<<Q:'<<0"<<"2~
~ State of California } ~
~ ~
~ RIVERSIDE ss. q
A County of '"
~ ~
~ 0
~ On IJ..J"J.&)()"; , before me, R. CISNEROS ~
~, Dale Name and T,IIe 01 Off,eN (eg. Jane Doe. NOla" Pub"') ~
~ personally appeared SUSAN C. MONTE:ON 'S
(<J Name(sj of Signer(s) ()
~ ']\ personally known to me q
~ [J proved to me on the basis of satisfactory ~
~ evidence q
~ to be the person~ whose namei2f is/.are- ~
, subscribed to the within instrument and 'S
~ g
~.I R. CISNEROS acknowledged to me that ,be1she/tl;le1 executed,q
1', C/) COMM. #1488731 the same in .Pis/her/t.!:le'rr authorized g
r'I NOTARY PUBLIC. CALIFORNIA _ capacity(.i.es), and that by ~her/!Aeif .'"
;';i 4 ~. RIVERSIDE COUNTY n ~'S
~." ~;;',~~~om~..:...E~Eu~: 7~~ signatureW"on the instrument the person~ or ~,
.&, the entity upon behalf of which the person% ~
8 acted, executed the instrument. ~
~ SS g
~ WITNE my hand and official seal. ~
i~. Q C ,~
(' -:h., '~1~ ",
~.J Place Notary Seal Above Signature of Notary Public ~
~ q
~ OPT/ONAL ,~
~ Though the Informal/on below /s not required by law, it may prove valuable to persons relying on the document g
~ and could prevent fraudulent removal and reattachment of this form to another document. ~
A Description of Attached Document i'1
~ ~
:~ Title or Type of Document: .____ g
.~ Document Date: . Number of Pages: ~
~ ~
(~ Signer(s) Other Than Named Above g
~ Capacity(ies) Claimed by Signer ~
';:..,1 L~.:gner's Name: R
1'. Individual Top 01 thumb here i'S
~ :oJ Corporate Officer - Title(s): ~.
~ Partner -lJ Limited l:::J General i'1
! 1-1 A F ~
~ _ ttorney in act h
~,I, D Trustee ~
/', lJ Guardian or Conservator ~
fi [] Other: K
~ ~
~ Signer Is Representing: ~
~ ~
~'Y;'CZ'C.<;'-CZ<<'0v'V.;g.<<<<<<<<-cZ;U:;<<'i':<v~~o('~-==-CZ~-='U"-="~=-c.z.,(,,,='C.,;cv'QV'C<.i<7i~':~~~=-czzy~
@ 1999 Nallonal Nolary ASSOCiation' 9350 De Solo Ave. PO Box 2.102' Cha!swor1!l, CA 91313-2402' wwwnilllonillnotarvQrg
Prod No 5907
Reorder Call Toll-Frp.e '-800-876-6827
A-~aA:5; @
American Contractors Indemnity Company ~ r
'!~"jl -\IIZI't)!Z] !Hll.II:\\I{I) I'!()()I<, II)S :\0.'(illl\ (.\'!IIIJ.l~ i\lllj!l-ll),i)\}')I) ~]
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
EXECUTED IN DUPLICATE
233656
BOND NO.
PHEMIUM INCLUDED IN
I'U,FORM,\NCE UON))
K:\()W ,\LI MF,N BY lI1FSI' I'RFSLNT.S
TI1,il \\C, BELMONT 54 HOLDINGS. LLC . d" I'llllli]1.t1,
.\Ild ^-rll-~~:-lc~l-~;-'(~~'~~ji;~)-rs-filJ-~-~il;iy C>~~~~12aJlY '-I cOrpOl;I[IOll ()rg~IIlJlCd ;\I1d dUln~ hU\IIll:'-"
Ullc!L'J ~llld Lw \'lrlLll' ul the I;l\\'~ u! the State or C;lllforllld ;lnd dulv licellsed to conduct ~l :..;CI1l'1-;1I \llrctv hU"IIlC\S III the St:IIC of C,-lliJUlIll:i ;1\
SUI,'I\', dll'l;eId 'lT1d IlIml\, h\lIlIllI Unl\lllle C;:1:r'(QF~3i'\~nBE,RI\J8f3.QINO.6_MunlciQaU;;orJJo!a~oll
i" OI.I'g,," ill Ihe pen.t1 \UlIl \ll ~E\L~NnH,LL~D.E,-EJ2,E:I,C;HTLQI\IE,II:1Q_U,;3.ANR 6ND NQi1QO. - "u-'_'_- ,- - -, - -,C,'_': - - - - -
,~,'_",: =-::..'':.':..=.''-':.:.: : - - :, ::_:~: ~_=-:_:-~__ - -:-.'.: . . . - - - - - - - - ..:,-,: ' - - - - - - - - : -.:-,!$J81cOOOOO___1 DOLI .'\RS,
1(1) \\1111..'11 jla)'llll'llt, \VeIl ;IIllIIIUI) 10 hl: !l1~l(k. \\.'C hilld \.HII.\l'I\'C:\, ClUl !lei!\, L'XCl"U(OI\ and SlICLL\S()!S,jOllllly ~Ind \l'\'l'r;dly fillllJy by tlll'\\.'
prC\l'lll:,
Till' CONDITION 01' IIIE OBI.IG,\TION IS SUCH Tln'I
\Vh\.'r\.:;\\, the ~1l)llVl'-11~lll1L'd PIII1Clll;d, hilS ClllnL'd llllu :111 ,1~~rL'l'll\l'll( \\'1111..'11 i" 111:ldc ,I 1);11-\ oj" thl\ []()Ild, ,^'ilh thl'
CITY OF SAN BERN6RDIN().A_M"unlc,lpaU::orporation ,SIdle 01 Cd iI ""'''', d\ OblIgee, Illl the lblgllillcu l1ul,l"
I "l:'''''''I11l'I1l, illllle ,lIhdll ""'" llklllllled dsStreJ,J ,lnJPJ,Qyqments> s..\QJrn.orilill,IIJlpJoyerne..ntsL~an_'tilIy,SeWl?r 11l1prg'{ements
and_Lan.9~cap-,-n,2_a~_d,lrrlg~I~~)~1_f~_T.riJ..c;J,,1..6;,~5 , ," ll'lllllll'd by Ille (i"VClIlIIICIlI C"de "i Cdil"'IlI"
\Vl1l'IT,IS, lIlHln the [\.'1I1L\ \)( S;lld ;lgrl:L'lilcnt, prllll'~pid IS rcqlllrcJ bCrllll' clllcling ll!)()]lIIIC ]1nl(lrlll~lllCl' or IIlL' \V\llK, to fill.':l g()uLi dlHI
\111 Illlclll PdY'IIl'IlI bOlld II IIIl the CII'CCJ.E ;36NJ3,E::RN6BJ)iNQ._ tll "'lllll llic liilllll'
III \vl1ll'l1 IcfcrclKL' is Ill:](,lL' 1:1 Tllk' ].) (C()111111Cl1l'il]g \\'1111 Scction 3()o2l or Pdll ~Il)r DJ\'ision.~ oj 1l1e C]vll Code oj' tl1l~ St:ilt~ of C:illlorJll,i
Nl)\\', tI1C1L'f,Jrl', \;lll! 11rJI1L'ip;d illld Illl' 1I1IlkI....I:~Ill'd. :1.... SUlcI), ~llC 11l.'ld fiIlldy hound lIlllo (hl' .._~lT_,(_9f__~6-_~,pE~:J3__NAROI.~_Q,
A rvluniclEal ~<2~I2C?ration <llld ;dl COllll:1CtUI'S, suhcolltr:lcturs, l~lb{)Il'r:~, IlIdtcn:dlIlCIl :lJld lllllel' pel"{)ll';
1.'lllpIO\'I.'d 111 till' pnt'Oi'!1]:lllCl' \.If tIll' ;1(OICS:lld :l~IL'l'llll'lll dllll rl'krtl.'d to 111 till' :If()IL~\~lld Code ,lJ"Civtl Procedure tOI 111:1tcn:d !ulIlIshcd ()] hh(lI
thnl'()11 uf :II1Y KJI]d, ('I (or c:11101l111s UUl' LIndeI' till' Unelnp!U)'lllCI]t II1.Sllr:l1ll:l' Act \vitl1lcslicd to :.;uch \VOl\" UI ldhor, lh~lt ....:lldsurdv \\ 11111.1\
till' .';aml' III dn dlllount nol C\l'Celilng till' pCIl:lI sllllll1l'tl'llldbu\'l' :-'l'l 101111, ~11]d aho Illl':lSC SlIlliS hI'lltlghtu]!\)1l thIS bOIH.L \,1,':11 P;]Y, III :!tlLll[J\.ll
h) llle penal SlIlI1 lhereuL cosls ,ltld rl':lsoll:lhk l'XjJl'll.se,s ;Ultl fee.';, 11ll"ILI(l1n~~ IT,I.SOIl,lhk: ;llloJ'lley\; tee...., Itll'llJ'il'd by CITY OF
SAN___BERNAFJ21J'~JO III :-.ticccss(ully Cllfo!ciIlg ,slIl"h obligation, lo he :l\vardcd :llld !I\cd hy' till' l.OUr!
:1I111l<) lK' t:l\l'll a,s costs ;l11d [(1 Ill' 11Icluded 111 thc .ludgclllent 111.crcin rendered
111\ hereby ('\I,res.s1) "llplll:lll'd :IIld ;lgl'l'l~d 111;\llhl.s hUIll! .....h;lll 1l1LII'C 10 llll' henefit of ;11]Y ,lllll :dl pnSO!lS, C()J11P:lJllL'\ :llld l'Urpor~lljUll\
L'lltilkd (0 rilL' l.LillllS LlllLll'J Titk ]::; ll()111111l'lll"ll1~ \Vlt11 Sl~I..:IIUll 3(}S2l or 1\lr\.:i ()C D]\.'i.sioll 3 o! Illl' CIVil Code. \0 ,IS to ,~,I\'C l-l~211l III .ll.' I 1(111 l(l
till'lll ur thclr dS\!glls ill ;\Jl~, slIlt hmug111 UpOI1 [l1ls bUild
Should lhl' rnndl!I()ll o! Ihls bond be fully lil'J'JOl'lllCd, thell tl1ls obli~~;l(lOll sll;dl hl'l'OlllC 11ull :ltld \old. (){hn\'\:isl' It :-.hall liL' :lIlt! lL'll1dllJ
III full force and cflcd
TIll' SUlct\' hL'l('hy \tlpl.lLltl'S ,llld a,\_':Jl'CS tll:ll110 changl:, c\teJlSJOll of 1111le, :dlcr~ltioll ur dddJIIOIl tu the tellll." of S(llt! ~\gr,-:crncnl or llll'
"1il'ClflCltJOI1S ;ICCOlllp:\J]YJIl~', till: S:l!llC ...;l1dlll11 :lll)' Ill~lllllc.r ;\fkct Its oblii:J;\IIOJlS UIl this bond, :llld 11 dul's hCtc.by W:lIVC I1lJlICl' of ;1I1Y such
CI1:ill~i.', e\Il'11.\iul1, :dll':;llIOll l)1 ~lddlliLlll
In \\'llllL'SS \\"I1CJcoJ, thl." lJ1stlllllll'll1l1,iS hl'l'l] duly l'\l'lull'd by tile prillcip;d :lI1d SllJ'ctv ~d'O\T IldlllL'll, 01] J2j2.~i95_u___
2005
PR1I\CIP;\1 ;;~MON~T ~H?LD~INGS~_LLC,
..---v".':". .,.../...//......-"
/,/ ~,
/ ~-- /'/<<Z"?'''i /'/
(E~ji6~ ",Le ' '/'. /" / , nun
SURETY Al1Ieril'nn Contractors Indel1lnit)' Compan)
"
AP--L:.~-!.=~.'-S:_~~z~b:,c~~ ._____
Susan C Monteort AltulI1C'\' ",1""1
( \-1(,1>1111("1'
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~"",--QC~<Z:=~==~=========.Q'&:::&:::=~~<!:~~<<~~<<~===<<<<<<.Q'~..s:LQ~
~ ~
,~ State of California } K
~ ss. ~
~ County of RIVERS IDE q
? ~
~ ,I ~
8. On Id-I<}~ 05 , before me, R. CISNEROS B
(Date Name and Title of Officer (e 9 Jane Doe, Notary Pubtic.')~)
~ personally appeared SUSAN C. MONTE:ON ~
l"i Name(s) of Slgner(s) n
~ a
~ l~ personally known to me 0,
p 0 proved to me on the basis of satisfactory ~
% evidence ;~
~ to be the person~ whose nameJ.81' is/.Qfe" 0,
~ subscribed to the within instrument and 0,
~ acknowledged to me that ,belshe/tJ;\e}' executed ~
c: the same in JIi'5/her/tAefr authorized ~
~ capacity~ies}, and that by .bi5iher/1J:teif g
~ signature,(.sYon the instrument the person~ or ,0,
P the entity upon behalf of which the personpJ' ,0,
~ acted, executed the instrument. ~
~ 0,
~ WITNESS my hand and official seal. g
~ ~,l~ ~
(q Place Notary Seal Above Signature 01 Notary Public g
~ ~
~ OPTIONAL 0,
,~ Though the If~orm~~on below/s ~ot/eqUired b~ la";j II may ~rove va:U~bl~ to perSOn~;ely~ng on the document g
~ an cou prevent rau u en! remova an reattac ment 0 ! /s orm to ano er ocument ,0,
B Description of Attached Document g
~ T ~
~ Title or ype of Document: ~
o Document Date: Number of Pages: g
o ~
~ ~
~, Signer(s) Other Than Named Above ~
~ ~
~ ~
;q Capacity(ies) Claimed by Signer B
;1 Signer's Name I:',
~ [J Individual ~
~ Top of thumb here t>'i
(, [] Corporate Officer - Title(s): '"
~ g
r'l :J Partner - C Limited 0 General ~
P !] Attorney in Fact ~
(: !J Trustee B
B [J Guardian or Conservator ~
~ 0 Other: ~
~ g
~ Signer Is Representing: __________ ~
~'x:z.~~'%_OC~'C<;~~~'C<;"..;x~;(;6C_='CC"'Z'CZ=='CZ,'CZ~~'D;''Cz=<<'=",o~'CZ,'CZ,=cq:;~__u:<<cq:;~_Q::'~~
((;") 1999 l\atlonal Notary Assoclallon' 9350 De Solo Ave, PO Box 2402' Chatswonh, CA 913132402' wWW'ldllonalnotar)',orq
Prod. No 5907
Reorder: Call Toll-Free 1-800.876-6827
w" _""~_',"'"
4~@
Al~:o~~~~~)~~~()~,~~:~r,~~~~~:~(,~ 1~~~~:1(1:~~~ ,~,~~:~~:,(any C:ZJ-:Vc~
,,,,,,,,,,,,,,,',,,,.,,,,,,,,,,",",",,i"',.,A..,,"_,.. ""
EXECUTED IN DUPLICATE
GOND N(J~}~}O_
PREMIUM JNC~UDE~C:~ IN
PERFORl"LANCE BOND
MAINTENANCE BOND
KNOW ALL [vIEN BY TIIESE PRESENTS. Th:lI we.
Fm.MONT '4 1l0LDINCjS. LLC
. ______.____________ _'__,nn _________________~ ___..____._______.._.__.__.__ __~_ (hcrellEllkl
Gllled I'rilKlpal), as I'llllc'IPI1L ami AMEIZIl'/\N CONTR!\CTORS INDMNITY CO'v1Pi\NY, a corporatloll, IlrgI1l11/.:d
I1I1d e'!lstmg lIndcr the lilli'S 01 the Stall' of CldilonllJ and IIl1thl1J']Zed to tllms;]cl ;] gellerlll surely bllsmess III the Stlllc 01
-'=-~~FO'R~I_':"___~._._~_.__. _____., (herclnlilkr (idled Surety), ;]S Surety, lire held and lilTnly boundllnto
_n _.__._.._____~___._.___.J.'I.TY O!~':;;\N .f.l~~NI~RDINO, ;\ MlIl1Iciplil CorporlltlUIl
(herclJdtel called Obligee) In the slim of IIIREI I II'NIlRLD NINI IY ~rll.clUS/\~I)_~,~\I'.:..HlNf)..r(ID_0~1)_"'OI~O___
_:":'':''::_'' - . - ::_:..::..:-=--=-____ _ ._.___._...._._ DOLLARS (S3')(UOU(~~.~_.__ )
LlwLlIll110ney olthe Ulliled States 01' !\mCIlClI. to he pllld to the s:lid Obligee, or Its SlIceCSSOlS or assigns, to tlic pllYlllellt
of which slim well and truly to he made, we do bind ourselves, 0111' hClrs, c'\ecutors, administr;]tors, successors and IISSlgIlS.
JOintly alld severally, IIrl111y by these presents.
WHEREAS, the Prmclpld elltered into II conlract With the saiel Obligee, dated _Qccclllbcl 5,21111'
Illl S TRIIT 1M PROV]~] INTS, S2:.C~~Zf\~!~~~0!.~l,~~PR().V[2'i[~~rS,~,~N[T/\R Y St~\\I~I(l~'II~~(()~V~ MINIS, ~\I\'[)_____
[.A!\DSCAPINC A!\D IRRlC;A T]ON FOR TR.ACT 167()5
and,
WHEREAS, the Oblrgec reqlllres that tillS bOlld be cxcclllc'd 011 01 bcrorc the lillal COI11I'letlon and aCCepl11l1Ce \)1' Slml
contract Imel
WHEREAS SllIeI contract WllS completed Illld accepted Oll thl'_
clay
Or
NOW, THEREFORE. '1'1 IF CONDITION or TillS OIlLlGATION IS SLJe!l, that Ir the PllllClpal shall rellledy
wllhollt cost to thc Oblrgee, allY deiCcts which I11~IY dcvelop during a Jlcriod of_____---.<.~~:_yL~Z____________
tiolll the elate orcompletloll 11l1d Clcceptllnce orthe work perflJrll1ed lInder the conlr~lCt, callseet by clereclivc 01 inferiol
materials or workmanship, then tIllS oblrg;ltlon shall be VOlet; otherWise It shall be and remain In LlIlI Loree and effcct
SIC,NED. SEALED /\ND DATED TillS
2SIb DAY OF
DECTMIJER
2005
BELMONT 54 IIO[JlIN(jS, LL(
I~y~$~~ ~):~pa~'
I
AMERICAN CONTRACTORS INDEMNITY COMPANY
]
lly' ~,L~Q^:,,,-~: ~~_'-~''^-~~"~ __u_u__
SUSIlIl C MontcoIl, A1tOrncY~!ll.Fact
I
I.
IllL ~/j~~~I!I'L III
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~S;::~-='-=.Q:~~-"':<:==-.QC-",,^S;::~&'<:~=.<:Y~&D';;<'-=~-<;<~.c<'Q^Q^~,S:<:'<:Y~Q^<<'<<'Q^Q^.c<'<<,v,1
~: State of California } ~
~" RIVERS IDE ss, S,)
<^! County of ';
B ~
~ On i,}.-/'J.'t'/o5 , before me, R. CISNEROS ~
(~Date Name and Title of Officer (8 g" Jane Doe, Notary PubliC.) ~
~ ~
y personally appeared SUSAN C. MONT!,:ON ~_~_ ~
A Name(s) of SlgnerlS) ()
,'~ ",
B LZ personally known to me ~
~ 0 proved to me on the basis of satisfactory g
~ ~
ti evidence '"
("'! ~
g ~
8 to be the person0>Y whose namej.8f is/~ ~
,', subscribed to the within instrument and ,~
~ acknowledged to me that ~she/tJ:le1 executed ~
~ the same in ):w'5/her/J.1:lefr authorized .~
,~ capacity(ie'5), and that by ~her/1.1:leif g
~ signature!.sYon the instrument the person~ or g
? the entity upon behalf of which the person9f q
~ acted, executed the instrument. ~
~ ~
~ WITNESS my hand and official seal. ~
(~ ~ f' g
(-. --r; , L.~ -&-<L ,~
(d Place Notary Seal Above Signature of Notary Public ~
~ q
~ OPTIONAL ~
~ g
~ Though the mformatlOn below /s not reqUired by law. If may prove valuable to persons relymg on the document q
,d and could prevent fraudulent removal and reattachment of this form to another document. ~
~ Description of Attached Document ~
e<i Title or Type of Document: ~
~ &
~ ~
(- Document Date: Number of Pages: .~
~ ~
d Signer(s) Other Than Named Above: !'
~ ~
( ,",
r'J Capacity(ies) Claimed by Signer '"
.~ Signer's Name: ~
(, [] IndiVidual ~
~ 0 Corporate Officer - Title(s): ~
~ [J Partner - L Limited [J General h
~ U Attorney in Fact ,~
~ 0 Trustee '"
~ 0 Guardian or Conservator i~
~ 0 Other ~
~ g
(I Signer Is Representing' ~
~ ~
~X'~=='U,,~-==~~--=~~~=="""~'U,,-="~~<%'CZ:'Cz;{:z;=<<="X'C'~'C<,,~~-cz;=~'<X=='~
@ 1999 Nal10nal Nolary Assocrallon. 9350 De SOlO Ave PO Box 2<102' Chatsworth, CA 9131:1-2402' wwwnallonalnOlaryorg
Prori No, 5907
Reorder Call TolI.Free 1-800.876-6827
A~i~~~~\~t;.aF;l;~.\!:!;~.;~~~"?::::~anYc'~@
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatAmelica.n Contractors Indemnity Company of the State of Cali fomi a, a California corporation, does
Michael D. Stong, Shawn Blume or Susan C. Monteon of Riversi~e,'Sal!forl!i~;,i'
I,!,"'''.(:;,j,:",::; ,i_::,,_ 1'.;:,1::".:;1':'"''''
'"'....'1! ".'.',":"!I!'
its true and lawful Attomey(s)-in"factl 'Yithftiir~uthority to execute on its behalf borids; tinderl'akirigs,t6cognizances and other ~on~racts
,of indemnity and'Nritings obligatory in the nature thereof, issued in the course of its business and t() pjndthe Company th~re~x;jnan .'.,..'
-"Amount not to exceed $ **********2,000,000.00*********,,_. This shall expirewitbol,ltdurther action 01'1 Mar~*;': 'I!
] 8,2007. !,','/:' ,', ", "
IY;i:'; ':,:.:':";::': ,.,:";--- ..... _ _ . --, ------ -
This Power of Atto~~~:'i~ipra;W~diilDdis signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors 6fAMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and heb'lpn~tp,f 6th
December, 1990.-_ - o_~ -
"RESOL VED that the Chief Executive Officer, President or JI{cePr~sident"Sl!cYliiary or AsslSianiSecretm'Y. shall have the
power and authoril)'
",": :.': ' ':"':,' ',',: "".;.:,:,:', ::'
1. T~ appoint Allorney(s)-in-Fact and to authorize them to execute on behalf of the Companr,.alld,~t1~cil'i~~,w~al of the Company thereto'
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thf~eofanii",i;:;::'! ',' ..~.
- - -- - --- -- - - - - ---~ - ~ - - -- _c, - - , :,., ! ;: i -'i. > "j,:!I;::,' "j
Toremo."i;atcmytifl'le,_any suchAiJprney:it,I--p2iiJ and revoke the authority given.
FURTHER, that the signatures of such officers and the seal of the. Company may be affIXed to any suchJ?GI!f~~iot,Atioe<0lpr certificate"
relating thereto by facsimile, and any such Power of Attorney or ce~tifiqate bearing such facsimile signatures or facsimilff~ri~5hallbe'yi'!!iI;I!l1nd binding
upon thecompany anci any such power so executed and certifiedbY/C1c$imilesignatures andfacsimile seal shall be valid btl(J'binding upon the Company
mthefutureYJith-fespectto any bond or undertaking to which ilts attached. "
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief
Executive Officer on the 15th day of December, 2003.
";"",:,:i:i;::":":"
NTR;'\.CTORS INDEMNITY COMPANY
, ,!: I'i;.ii: ' - -
By:
ST A IE OF CALIFORNIA
,.~, COUNTY QFLOS ANGELES
. - - - - - - ---
--...----- . - -.- ----- ---
Oil this 15th day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F.ThQmas,J::hiefExliCutiV'e_
Officer of American Contractors Indemnity Company, to me personally known to be thl; irlllividual and oftfcer deScril)ed herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of sMd lI:or~o~~~ol\,I/1ereto b~;al.lthority(}f firs office.
II I IIIII 1[1 I I I
Wnjd;:d:;=~.... 1.~jiE~itfi:,,; .
. "' ,I< I, "~I' - -- i Loa Angeles County l
Signature ~~j~O~ !! ,i' MyComm. ExplresMOf 18. 20071
My CommiSsion expires March ]8. 2007 ~ ~ _ ~ _ ~ _ _ _ '- ~ ~
I, Jeannie J. Kim, Corporate Secretary of Ameri~~n f:pn,~~a~~o(~'fndemnity@oll1pa
~esoI4H?nadopted by the Board of Directors Rf'Si~!iC;,Rmp~~~ '~~,. set fortlj"f'Ilb"c7'.n
thesalf!B<?v.:er of Attorney.nor~heresolutlon hllVe:beenreMokedand they are now In
IN W1TNESS' HEREOF, I have hereunto set my hand this .)~
, . Bond No. . .. :).~3(" ~
,
"";"'.-_~"""""". """,f>;o"J~~
__4 ."',-~I";~.i;,)<'../".",r-'"
~@
An1crican Contractors Indemnity C0111pany ~~
Subdivision hnprovcmcnt Bond
EXECUTED IN DUPLICATE
I
Bond No
233657
I
Prem] um S ]0000
KNOVv ,\LL MEN BY TI lESE PRESENTS
Thill,
BI;,LMOt\T 54 I!OLDINCiS, LIe
..,_" as Pr]nc]p'l!.
I
and American Contractors Indcmn]ty CDmp,IIlY, a curPC)]'i]t]Dn org,]nlzed and"~I,tlllg undcr thc I,]w, DI thc SLlle DI
Cdlloll1li1 and authc)JJzed to transact surety business In the St,lIe 01 Call Cornia, :1S Surety, al'e held and Illmly bound
un t o~_ ,______C IJ'y'i)l. Si\:'L!3J,Rl",,!\I~llJ\! Oc.!\~1tllll'::.'l',]~.c'-()rl'."':lll()[ln__
as Obligce, In the SU!l1 oC
FIFTLL;N THOUSAND AND 1'0/100,
: ,',,-,: - - - --..~:...::...:_ (,'SIS.cJOOJJ.o_
_), Il)r the
I
I
p:IVlnent whereol', well and truly to be In,]de, "lilt Principal ami Surety hind Ihemsehcs, their heirs, ddnllnlstrillms,
snecessors and assigns, jOllltly ,md severallv, llr1nly hy these presenh
THE CONDIT10N OF TillS OBLIGATION IS SUCII nlA T Whereas, the PrmClpillDn
LlFCEMBFR 5
200" entered 11110
an Agreement With tlie Obligee whncin the PrinCipal
agreed
to cDmplctc: tile
CDtlDwlng Improvements,
",IOt\ ll1\ILNT/\ TtON FOR TR;\CT 1(,7')"
dS I1WIT lully set lorth In s,lIll Agreemcllt. wh,ch IS dtUehed hereto ,md made d pdrt hereDC by relCrcnlc;
NOW, TlIEREFORE. II the Prlnc]pal sh,dl welt :lI1d truly pcrCmlll ,md fullill ,ill 01 the covendnts, lerlns ,md
L'lllld]tlon, oj the s:\ld Agreemcnt, then thl' obllg:ltlon sh,1I1 b~ null ,md VOid: olherwlse to ITnWln ]n rull IUlce ,111[1
efrcct. Provided, howcver I) Thallhc Cllllsellt or Surety sh,1I1 be rCllulrl'c1 for ,my cxlenslon oCl1111e to complete said
Improvements: 2) That no light 01 action shall 'leerllC hcreunder to m fllr thc benefit or ,lilY pelSCll1, 111111 01
corporation other th,1I1 th~ obllg~e named herein
Signed, s~akd and dilled ______~C(C~~~b_"'_~L____~_
2005
I'll nl'lp,l I
BELMONT "'1~1,~ ,/.L~I~,:;,; Ll,C /~
/, ,'. //.;i~~~ ' ~
;;:?~ ;V' //,,~.~.t>_.o-- ~' / /" ~
American Contractors Indemnity Company
13 Y,--.?C'
~ t_J-'-U1.",,- c: ~,\.lA_-i0~
--"...-- ,~--
S LlSAN r,. MONTEON f\tltlIllCY'II1-Fact
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
{sO:. . Y'....2X;<'<:<'<:<'~~~.<L<;<'~=5:S:i:!:5:S:~~~-5X.c<'-c<'~<;<'~~5:S:~"X&S'~s;<:5L<;S:5:SS:L=<<5Z'~":;Xy."
N ~
~.:. State of California } .~
~ RIVERSIDE ss. ~
c County of "
p Q
~ g
~ On 1J-/d-C(!Ct5" ,beforeme, R. CISNEROS ~
9 Date Name and Title oj Officer (eg . Jane Doe, Notary Public") ~
,d personally appeared SUSAN C. MONTEON ____ ~
(~ Name(s) of Slgner(s) q
~ ex personally known to me ~
~ C proved to me on the basis of satisfactory ~
,~ evidence g
~ ~
X to be the person~ whose nameM is/~ "'."
c; r:::;:;::-l subscribed to the within instrument and ')
~I f @ ~.~" -~'~R.CISNEROS~- acknowledged to me that~sheftJ;ley' executed .~
"I in 'COMM. #1488731"
l~ !E. NOTARY PUBLIC. CALIFORNIA ~ the same in J;li-s/herl.tI:lefr authorized 11
;:1, RIVERSIDE COUNTY ~Mn ~ I;~ d h ";..../ .".....,. .~.~
CI ~~~~~~~~~ capacitY~"J' an tat by ,""",her/......";,,,
~ signature).sYon the instrument the person~ or ~
1" the entity upon behalf of which the person91' "
~ acted, executed the instrument. ~
~ ,/'--'AQTN;:,?S my hand and official seal. ~
'~ ~C~V/L(}-a.J ~
~ P'ace NolaN Sea' Abo,e ~ - S'gna",e of NOlar; PublIC ,9,
~ ~
~ Though the informatIOn below IS not reqUired b~::,~t~a~~;e valuable to persons relying on the document ~
,(', and could prevenl fraudulent removal and reattachment of this form to another document. ,'>
~ Description of Attached Document ,g
~ Title or Type of Document: ~
~ 11
~I ~
,~ Document Date: Number of Pages:"
~ ~
(j Signer(s) Other Than Named Above: 11
~ ~
~ Capacity(ies) Claimed by Signer B
~ Signer's Name: ~
Ij L-J Individual ~
; Top of thumb here ;~
~ D Corporate Officer - Tille(s): ~
i'J [J Partner -:~ Limited lJ General '"
~ ~
~ LJ Attorney in Fact ~
~ [] Trustee "'.9,
I [J Guardian or Conservator ">
": ,- Other ~
, g
~ Signer Is Representing :g
~ g
~'U;'U;'G:;u::<<~~~.y::;U::~o{';Z;=o{';Z;<<Dc~'U;~"'<;u::=<<-;:,.z==<<=~-=<<~-<;:Z,,,,,,,'OC'o,;c.<,.~~'c<.;(,,,'C<.;("'U~
(Q 1999 National Nolary Association' 9350 De Solo Ave PO. Box 2402' Chalsworth, CA 91311-2402' wwwnalionalnolaryor9
PrOd, No, 5907
Reorder Call Toll-Free 1.800-876.6627
:"',<.........~. ....'.@
Am~ri~an.Contractors Indemnity (2ompapy .
9841 Alrabr!Uiva:, 9th FloorLos Angeles, California 90045' '. "".' .. '
KNOW ALL MEN BY THESE PRESENTS:
POWER OF ATTORNEY
Tha.t American Contractorsfndemnity Company of the State of California, a California corporation, does hereby appoint,
Michael D. Stong, Shawn Blume or Susan C. Monteon of Riversid~, ,c;:alifo!1n'
'i,..I'''li') I''',; !i:,:'!!!
its true and lawful Attorney(s)-in.I~act, v.:it~ ful'l~ll~ority to execute on its behalf bOI1ds;dI1de~~f;T ,recognizances and other co~trac~s
of indemnity and writings obligatory in the nature thereof, issued in the course of its business andJg bindthe Colllpany th~reby;.jn an
Amount not to exceed $ **********2,000,000.00********** . This PowerofAtI:9r@S', shall e&irewithouU'UrtI!er actiorl pr Marc4i 1,1
18,2007.,:,,: 'j, . . . --- - --. .
'ii I'll
This Power of Attotll~~js'gtltll~d~nd:is signedlllld y acslmile under and by the authority ofthe following Resolution adopted by
the Board of Directors of AMERICAN CONTRACTORS fNDEMNITY COMPANY at a meeting duly calle,d.anp h~L4,..en=tI;le 6th
December, 1990. . -- ....
"RESQLV,E[)thatthe,c;hief Executive Officer, President or ViceJ'resident, S4.cretary or AsHiianTSecretary, shall have the
power. 'rind authotiq",
f. To ~fJPOI~t Altorney(s)-in-Fact and to authorize them to execute on behalf of the Company,t1hd'qtl~~Ii'lh~W~~1 of the Cmnpanythereto,
bonds and undertakings, contractff}j'ilJe'iell1nity andother writin~.' obligatdry in the nature (1i~IF,i~/J..("nq,.,,!:II,!';:i-: ",.: ..__c'
;,1"
2. To~irfovi;at any lime, any such A Itorneyefn-Eag( cind revoke the authority given
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affIXed 10 any such
relating therelo by facsimile, and any suchPowerof Attorney ~r:9r(lific41~'beC!rihg such facsimile signatures orfacsimi
upon the Company a1J,d any such power soexeculed and certifi.~d,WlaCS!11li/~signatures andfacsimile seal shall be vali
in Ihe future witnF.e,spf<;t to any bond or undertak;ing-lo which it'i~attached'''!'
'illi:'; ~-::::_:-:--.:-::
'1~'or certific-a.fe<
~iilid"and bindihgi~
iizg'ut/onthe Company
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief
Executive Officer on the 15th day of December, 2003.
NTI4.qTq~$ (hlDEMNITYCOMPANY
By:
STATE OF CALlEORNlA
COUNTY Qf iJ.()SA}JGEloES
On this 15th day-ofbecember 2003, before me, Deborah Reese, a notary public, personally appeared Robt:c!1F,Th,
Officer of American Contractors Indemnity Company, to me personally know~t?b~t~7: i~(j,ividual attdWIPI[C
acknowledgedthat he exec\ltedthe foregoing instrument and affixed the seal o~'s~id90rpo~~~i9A,~rereto by:au-th~ritY.
~' "i,:,:,' .: :' : ' " ;>, " ,,'; ", :!~i' 'Ii!::::- ,:,::11: '-I'!",',' iii,,!: ." '"
WI_SSmylili,d~d,(fi,.",,,t. ~. - -~.~;:.~,r <,I
i _ -:... ry Ie - CaRlorroo ~
!~'~:~~ 18.2007 ~ _ _ _ ~:;~;':~~W;~2~7f
i ef EXe<)U1ivii;
herei.nJan!i
Ice.
I, Jeannie J. Kim, Corporate Secretary of America~ Cpnt~actoIJndemnitYC\.linp!tnY':;
resolution adopted by the Board of Directors ~r said ~ i~ set forth.i~~{)v-& ,ares __ carr
the said Power of Attorney nor the resolution Ila\fe pee and they are now In full force and effect.
TN WITNES~ HEREO~,'Ihave hereunto set my hand this mfu., <lay of ~
f Attomt:iand
of and that neither
Bond No. ~~ ~fii6 cl
Rev, POA12/IS/03
i 12/29/2005 15:12
r7142452/Xl!
Assistance Insurance
lInthla Sar<lll1<l-+MIKe ACKerm<ln
1IJ
ACORQ. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (714)245-2777 FAX (714)24-5--2788-----,
Assistance Insurance Agency, Inc. I
400 N. Tustin Avenue Ste 470 I
Santa Ana, CA 92705 '
i DATE :MM,~Owl)'YVY:
1 12/29/2005
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTlFICA TE DOES NOT AMEND. EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW
I ~--
,
,
! NAIC #
i INSURfD
GFR -E,,-t-erprlses , Inc-:---
Belmont 54 Holdings, LLC
434 No, Second Ave
Upland, CA 91786
I INSURERS AFFORDING COVERAGE
i ~._-----~
: i"J$URc_R A Quanta Insurance
I~~SURERB Quanta Insurance
: !N~URE~ C
!-:'NSURER D
l,tJ~UIH:r~ ~----
COYERAGES,-- -
r .,HE POliCIES 0>= INSURANCE ~_iST~D BELOW Hf\VE aEEN ISSUED TO Ti1E INSuRED NAMED ABOVE. FOR THE POUCv PERIOD INDICATED NO~l';!TrlS'7 A~mli'<G
ANY REQUIREMENT TERM OR CONDITIO"-1 OF ANY COrHRACT OR OTHER DOCUMENT WITH RESPECT TO WHiCH THIS CERTIFICATE MAY BE ISSUEO OR
I' MAY P,E,-Rl.4,IN. "THE ;~SURANC[ AFFORDED BY TH,E POLICIES DESCRIBED HEREiN, IS,SUBJECT TO ALL THE: TER MS F.XCU;S,ION,S AND CONDITiONS OF SljCH
. POLICIES, AGGREGArE LIMITS SHOWN MAY HAVe: BEEN RE:DUCEO av PAID Cl.AiMS .. .
;-~N~__T_V~~_Of INSUR....NCE ! POLlCY NlIMBER I Pr?~i~~J~~~~J~~ r ",Oll~ f)(PIRATl~N - - -. ~ - ~IT~_~__
I I I GENERALLlA.'L1TY QNGO00361 >-001 03/15/2005103/15/2007 EAc:HOCc:~R""~E 15 2,000,000,
I I X rOM!..1CRCiA!. GENER"A, L liABILITY I I - - ~Ah\Ar;'.~ 1,0", ENTt:D 15 50 000,
, I PREMbt.S jE;' ()(rul~n[..t"l___~_________ - - ' 1
--- i CLAllJS MADE [ X I OCCuR i MED f xr (Arv one perwl1! I J 5.0001
i A X ,I I 1 r~;~SO~~L ! AD~ _!~~~ _s _ ___~~qQq_~ oooi
! I: I ' ~G[':~' .'GGRlGm ill 2 ,000, ()OQI
II ! PRODlICTS. CCt..mop AGG ~I 000 I 000
! lClC .~~___~____ !
I I I C01.,.1BINlD Sj.\jGL!:. LiM!r I
[' 'I AU~OMOBllE LlAB!Un' I, (E.l acoQentJ I :;
: ~.'JY AGfO l-..__________ i
: I A.t~ OWNE:::AU1CS I i BOC)iLY I~JURv Is
, (f-'t!!pt'-iwn)
I fJ:::::.'~ i I ~~'""" '! 5
I ' ! (f'Jer ,,~ClC~nt\
l'. ! NON, -QWNI:O AUTOS I'
I:, I -!_
. ------l 1 I : P~CPER~V DfIt.\AOE
H' I I f~---------+-------~~ (Pt'1 <ICC1derl)
I I i_~!~AGlLIA6IUT,( !: i~:J1CC-~~Y ~AACCIDEiJT '5 ---.--
I, ! I I A JY A ITQ i ! C:HE:I~ n..~:\I _[!_A~C I i
Ii fl.LJE'Q"lc" AGe! $
'1--!--!;;~ES,SJlJM,BR[ LAUABl,IT'I 1'-E~':"'O(;CLlRREkCE l~--~~---
i : ~"~ OCCUR L~: CA'MS fAAOf ! i'GCR":;; '" -" -- -I :_____
~' h DfOce"e" i ~--~- Is
L-~LER;:~J::l~:lKJ;~N;----~---~ I ,veSTA'lI i TIOTHfs-----
I ' ~ TO,,-" L..iMl!SI E.~ I,
I ~ EMPLOyERS' LLABllIT'f I I E..l. EACH ACCIDENT IS
, 'I ANY ~llOPPIE10R;PAR1NERiExECuTlvE - --- I
I ' OfFlCE"'Mf""ER EXCLUDED' r [ L D15'""-EA 0',-":",<.(,----
i 11 ve~, de5cnbe undet I 1
I SPECiAL PROV~S,O"!S !)o.~IOW I i E~ ;::"SEOl.SE - PO:-.:~(~~2--__~.J
i l.pnl(R f C ' , I. QAB0003616-001' 03/15/2005 'I 03/15/20071 COC Limit' SU, 792 ,034
I ,lourse 0 onstructlon
I B i :
I OES~RIP1'ONO' OPERA""R' llOCATKlNs,v[H;hs IEXqu~'o..S ~DD;:D8Y-"NDOPS~'1ENT' SP'ClA' P"OVIS;oNS--~- ~L_ -----
rertitlcate holder is named as addltlonal insured wlth respects to:
~ocation: Tract 16795 in San Bernardino, CA
~'10 Day non-pay clause in effect.
L-,_~_, .. _____ ------,
CERTIFICATE HOLDER
I
I
I
I
I
is
~
I
CANC~~LATION
SHOU:"O ANY OF THE ABOVE DESCRIBED POliCIES 8E CANCEllED BEFORE THE
EXp:RATION DATE THEREOF. Trll ;SSlJ1NG INSURER Will ENDEAVOR TO MAIL
--.19_ DAY~ WRITTEN Ncmer TO THE. CERTlf!CA":"E HOLOI:~ NAME.D TO THE LEFT
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
BUT f'AILURE TO MAI~ SUCH hOTIC~ SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF A~Y KIND UPON THE I!\lSLl
Q:...>
ACORD 25 (2001/0B)
AUTHORlll:.D RE,PRESENTATIV ,1.,('.( t t.
(,.a_ig _Re~~_ "j---z;
@ACORD CORPORATION 19BB