HomeMy WebLinkAbout2006-017
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RESOLUTION NO. 2006-17
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MA,P FOR TRACT MAP NO. 15228,
LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO AVENUES
4 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
5 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
6 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The Mayor and Common Council fi.nd that proposed Tract Map No. 15228,
10 located at the southeast comer of Magnolia and Ohio Avenues in the RL, Residential Low land
11 use district, together with the provisions for their design and improvement, is consistent with the
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General Plan of the City of San Bernardino.
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SECTION 2. The Mayor of th~ City of San Bernardino is authorized on behalf of said
15 City to execute the standard fornl Subdivision Improvement Agreement with Greystone Homes,
16 LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by
17 Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
18 time for perfornlance is as specified in the Agreement. Said improvements are specifically
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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
24 said Tract Map for streets, alleys (including access rights), drainage and other public easements.
25 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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2006-17
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 15228,
LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO AVENUES
3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
5 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.
8 The City Clerk shall certify approval and acceptance of the Mayor and Common Council
9 as set forth in this Resolution.
10 SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
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it within sixty (60) days of the passage of this Resolution.
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2006-17
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
15228, LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO
3 AVENUES IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
5 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
8 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held
9 on the 23rd day of January
10 Council Members: AYES
11 ESTRADA X
,2006, by the ,following vote, to wit:
ABSTAIN ABSENT
NAYS
12 LONGVILLE
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MC GINNlS
14
DERRY
15
16 KELLEY
17 JOHNSON
18 MC CAMMACK
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Cit
The foregoing resolution is hereby approved thiJ:;:Ii
,~ Clct~
24 Approved as to
form and legal content:
25
JAMES F, PENMAN,
26 City Attorney
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Chas Kelley, Mayor P
City of San Bernardi 0
By:
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2006-17
EXHIBIT "A"
AGREEMENT
(S ubdi vision Improvements)
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THIS AGREEMENT is made and entered into as of tl1l5 ;3_.. day of
, 2006, by and between the CITY OF SAN BERNARDI:\O. a Vlunicipal
hereinafter refelTed to as "City," and Greystone Homes, LLC hereinafter
referred to as "Subdivider."
RECIT ALS
A.
WHEREAS, Subdivider has presented to City for approval a final subdi\ision
11 map (hereafter called "map") entitled Tract Map 15228; and,
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B.
WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
c.
WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all sl"eets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required hy. 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
25 therein offered, or some thereof, on condition that Subdivider tirst enter into and execute tl1l5
26 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 Califomia and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered ami in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. Perfom1ance of Work. Subdivider will do and perform, or cause to be done
ami performed, at Subdivider's own expense, in a good and workmanlike manner, and fumish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv En~ineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Perfom1ance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence ~ Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relie\t: tht:
surety's liability on the bond to secure the faithful perfomwncc of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall n:place. or hm'c replaced, or
repair, or have repaired, as the case may be. all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace. or have replaced.
repair, or have repaired, as the case may be, or pay 10 the owner the entire cost of replacement
or repairs, of any and all properly damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereot~ or
the State of California, or any agency or political subdivision thereof, or by the City. or bv
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. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk. prior to
the commencement of any work to be performed \vithin the area delineated on the map. a
written statement signed by Subdivider. and each public utility corporation in\Olved. to thl:
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. Pennits: Compliance with Law. Subdivider shall, at Subdivider's c:\pcnse.
obtain all necessary pennits and licenses for the construction of such improvements, gi \C all
necessary notices and pay all fees and taxes required by law, Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall gl\c 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 bv Citv. Subdivider shall at all times maintain proper hlcilities and
providc sak acccss for inspection by City to all parts ofthc work and to the shops wherein the
work is in preparation.
10. Contract Securitv. Concurrently with the execution hereof Subdivider shall
fUl11ish 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 perfo1111ed as security for the faithful
performance 0 I' this Agreement;
(b) An amount equal to at least fifty percent (50'Yo) of the total estimated cost of
the improvcments and acts to be performed as security for the payment of all
persons perfo1111ing labor and fUl11ishing materials in connection with this
Agreement; and.
(c) An amount equal to at least twcnty-five percent (25'10) 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 attol11cy's fees. incurred by City in
successfully enforcing the obligation sccured. The type of security furnished
shall be in the form of bonds. deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attomey.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance rcquired under this paragraph,
and such insurance shall ha\"C been apprO\cd by City Attorney as to form, amount and carrier.
nor shall Subd~vidcr allow any contractor or subcontractor to commencc \\ ork on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurancc policies or as cndorscmcnts and shall specifically bind the insurancc
carner.
(a) Worker's Compensation Insurance/Emplover s Liability Ino,urance
Subdivider shall maintain, during the lire of this Agreement, \\'ork.:r's
('omp;,;nsatioll Irtsuraj,ce and ElIlployer's Liability Insurance for ,Iii
Sllbdividc~r's c'ml1loyees emploved at tbe site of imprO\'CmcnL amI. in ':ase ~lt1y
WOI h is sublet, SlIbdl\ider shall require any comrac[or or subcontraclur
similarly to provide Worker's Compensation Insurance a\;d !~l11ployer's
Liability InsLirance lor all contractor's or sl,bcontraetor's employees, unless
such employees arc covered by the protection aftorded by Subdivider. In case
any class of employees engaged 111 work under this Agreement at the site or the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from Llilur\? of
either Subdivider or any contractor or subcontractor to take out or l1lall1tain
sueh insurance.
(b) Public Liabilitv and Propertv Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as \\ell as
from claims for property damage or product liability which may arise Ii'om
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 an}
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(I) Public Liability Insurance. In an amount not less than One :Vlillion
Dollars (S I ,()OO,OOO.OO) 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 (S I ,OOO,OOO,()O) on
account of anyone occurrence; Product Liability Insurance eo\'erage
should be part of the Public Liability Insurance;
(2) Property Damage Insurance. In an amount not less than One l'vlillion
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 tillS
Paragraph I I insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy Cit\', its ekcti\'e and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Covcra~e. Insurance coverage. albeit for public liability or
property damage, shad be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
Co\'erage" must be purchased to cover a '}eriod of one ( I) vear ti'OI11
eompietion of tile project. All sube':lI1traelors must and shall comp!\-
"..ith the same Insurance provISions ~IS the cOlltr~lct:;r(s) ~:nd
subdivider(s),
(4) ('eLional lniury.. Defined, As used herein. the term "personal IiIllIr\
shali be definL'd as :.l hl::'l or dam~igc lO one's person Including, without
limitation. damage to health, cuts, bruises. broke:1 limbs anelior bones,
or the like, disabilities or impairments, including aggravation of
existing 111Junes. or invasion of personal rights, including libel or
slander criminal conversation, maliciolls prosecution. f~dse
imprisonment and meatal suffering.
12, Evidence of Insurance, Subdivider and contractor shall furnish City.
concurrently with the: execution hereo1'. with satisfactory evidence of the insurance required.
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the etTective period of this Agreement.
13. Hold Ha1l11lessilndemnification. 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 haml]ess 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 \vithout limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement. whether such 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 of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider \vhich it
may have by reason of the aforesaid hold harmless agreement, becaLlse 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 hannless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
perfom1ance 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 e:-.:igencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option. make the
nccessary repairs or replacemcnts or perform the necessary work, and Subdi\ider shall pay to
the City the actual cost of such repairs plus fi fteen perccnt (15'1'0).
I G. Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's
agents or contractors arc, or shall be, considered to be agents of City in connection with the
perfonmlllce of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdi\ider shall pay to City the costs of
all penlllt lees for all engineering inspections and other services connected \\ith the City III
regard to the subdivision. Said fees shall be paid prior to cOl11mencing any construction.
18. !\:otice oLHrec~lLillld Default. If SubJi\ider refuses or f~lils to obtain
prosecution of the \\ ork, or any severable part tlh:reof, w,th such diligence as \\ill insure its
completion within the time specilied. or any extensions thereof, or fails to obtain completion
of said work within sLlch time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should makc a general assignment for the benefit of Subdivider's creditors. or if a
receiver should be appointed in the event of Subdivider's insolvency. or if Subcli\'ider. or an)
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
Subdi\ider anJ subdiviJer's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance bv Suretv or Citv. In the event of any such
notice. SubdiviJer's surety shall have the duty to take over and complete the work and the
improvement herein speci tied; proviJecl, however, that it the surety. within live days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and docs not commcnce performance thereof II ithin Ii\(:
days after notice to City of such election, City may take over the work and prosecllte 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. \Iithout liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20.
Notices. All notices herein required shall be in \\Titing, 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 <)2418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Sant Development Corp.
617 North Poplar Street, Orange, C A 92868
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
Insurance Company of the West
11455 EI Camino Real, San Diego, CA 92130
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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belle Ii t 0 f each 0 f the parti es and thei r respecti ve lcga 1 representati ves, Sllccessors, hci rs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement lJfthe da:
and year first above \vritten.
ATTEST:
~,~L{ }J C~~tA--A__
BERNARDINO
By:
Chas Kelley, Mayor Pro
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER: GREYSTONE HOMES LL
JAMES F. PENMAN,
City f\ttorney,
~4-~
~~l~~lz./
By:
BY~dt"r .
Bv:
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2006-17
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~~
State of California
Date
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Name and Title of Officer (e.g., ~ Jane Doe, Notary Public")
County of 07::1f
On J'b (.... 20t'. h::~)5, b f
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personally
appeared
,jfi:J.I'" f S. s. ~. /J.N r
Name(s) of Signer(s)
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Commission # 1504713 r
Notary Public - California ~
Orange County
My Comm. Expires Ju131. 2008
[J personally known to me
~oved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is~ subscribed
to the withjn instrument and acknowledged to me that
he/~/tKey executed the same in histp6/tp€lr
authorized capacity(ies), and that by his/~t~r
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNE
and official seal.
Place Notary Seal Above
Signature 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: ,A;' If-Gu-1i.dv'f''
Document Date:
( 1-/lN ;'',; :>.
Number of Pages:
(.....
Signer(s) Other Than Named Above:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
[J Partner - rl Limited 0 Ge
D Attorney in Fact
[l Trustee
D Guardian or
D Other:
RIGHT THUMBPRINT
OF SIGNER
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Capacity(ies) Claimed by Signer(s)
Signer's Name: ~h6 rv,"L;'
[j Individual
C Corporate Officer - Title(s):
D Partner - C Limited D General
D Attorney in Fact
[] Trustee
D Guardian or Conservator
~Other: ~CI"L~ MGH(!>€;fL.
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@ 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
2006-17
I.c.w. GROUP
~ INSURANCE COMPANY OF THE WEST
D EXPLORER INSURANCE COMPANY
D INDEPENDENCE CASUALTY AND SURETY COMPANY
11~55 EI Camino Real, San Die~o, CA 92130-20~5
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2~OO FAX (858) 350-2707
www.icw~roup.com
Bond No. : 2168751
Premium: S7,740
Executed in Triplicate
FAITHFUL PERFOR~IANCE BOND
WHEREAS. the City Council of the City of San Bernardino. State of California. and Greystone Homes. LLC
(herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain
designated public improvements. which said agreement. dated (none stated). and identified as project Tract [5228. is
hereby referred to and made a part hereof: and.
WHEREAS. said principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said agreement.
NOW. THEREFORE. we. the principal and Insurance Company of the West. as surety. are held and firmly
bound lmto the City of San Bernardino. (hereinafter called "City"). in the penal sum of Three Hundred Sixty-two
Thousand DOLLARS ($362.000.00) lawful money of the United States. for the payment of which sum well and truly be
made. we bind ourselves. our heirs. successors. executors and administrators. jointly and severally. finnly by these
presents.
The condition of this obligation is such that if the above bounded principal. his or it' s heirs. executors.
administrators. successors or assigns. shall in all things stand to and abide by. and well and truly keep and perform the
covenants. conditions and provisions in the said agreement and any alteration thereof made as therein provided. on his or
their part. to be kept and performed at the time and in the manner therein specified. and in all respects according to their
true intent and meaning. and shall indemnify and save harmless the City. its officers. agents and employees. as therein
stipulated. then this obligation shall become null and void: otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor. there shall be
included costs and reasonable expenses and fees. including reasonable attorney's fees. incurred by City in successfully
enforcing such obligation. all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms of
the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond. and it does hereby waive notice of any such change. extension of time. alteration or
addition to the terms of the agreement or to the work or to the specifications.
[n witness whereof. this instrument has been duly executed by the principal and surety above named on December .,0.
2005.
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No. 0000050
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insmanee Company of the West, a Corporation duly organized under the laws of the State of Califomia,
Explorer Insmance Company, a Corporation duly organized under the laws of the State of Califomia, and Independence Casnalty and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (colleeti vely referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Altomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this I st day of November, 2005.
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INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
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Jeffrey D. Sweeney, Assistant Secretary
John L. Hannum, Executi ve Vice President
State of California
County of San Diego
} 55.
On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instmment.
Witness my hand and official seal.
FRANCIS FAFAUL I
COMM. #14717941
NOTARY PU8l.IC..cNJFOAfM
SAN OlEGO~
My~..ro.n~
FEBRUARY D. .
Francis Fafaul, Notary Public
RESOLUTlONS
This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds. undertakings., and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment., may be facsimile representations of those signatures; and the signature and seal of any notary., and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing., typing., or
photocopying. n
CERTlFICA TE
I, the undersigned., Assistant Secretary of Insurance Company of the West., Explorer Insurance Company, and Independence Casualty and Surety Company., do
hereby certify that the foregoing Power of Attorney is in nlll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors oftlle Companies, and,are now i,: filII forc<;. _ L
IN WITNESS WHEREOF, 'have set my hand this -"-..1.Q1h. day of De fe.mnec __,:2{){J,~.
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Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call I-SOO-S77-' 1'1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For infomlation or filing claims. please contact Sure~y Claims, [CW Group.,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (S5S) 350-2400.
r
E006-17
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Oranie
On December 30, 2005
DATE
before me,
Janae Forrest, Notarv Public
""AME. TITLE OF OFFICER c.G__ ~JANE DOE. ,'\IOTARV cUBUC.
personally appeared
Judith A. Dickinson
NAMEIS) OF SIGNERIS)
m personally known to me - OR - [J 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 ac-
knowledged 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,
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JANAE FORREST
COMM. # 1364186 ~
NOTARY PUBLIC - CALIFORNIA :;:
ORANGE COUNTY 2
~Y~?~m: ~P~JU~Y ~. 3~6 "It
WITNESS my hand and official seal.
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OPTIONAL
Though the data oelow IS not required by law. It may prove valuable to persons relYing on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
C CORPORATE OFFICER
TlTLE(S)
Subdivision Performance Bond
TITLE OR TYPE OF DOCUMENT
_ PARTNER(S)
[J LIMITED
U GENERAL
One (1)
NUMBER OF PAGES
~
~
1x..1: ATTORNEY-iN-FACT
G TRUSTEE(S)
r--c
:-.: GUARDIAN/CONSERV A TC8
U OTHER:
December 30, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITY(IESI
INSURANCE COMPfu~ OF THE WEST
Not Stated
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
I.c.w. GROUP
i:2] INSURANCE COMPANY OF TIlE WEST
[J TIlE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Executed in Triplicate LABOR AND MATERIAL BOND
Bond No.: 2168751
Premium is included in
the Performance Bond.
Subdivision Bond
(California)
Whereas. City of San Bernardino. State of California (hereinafter designated as "Obligee"), and GreyS/one Homes. LLC (hereinafter
designated as "Principal'") have entered into an agr.xment whereby Principal agrees to inS1al1 and complete certain designated public
improvements. which said agreement dated (nor,e Slated), . and identified as project Tract 15228 is hereby referred to and made
a part hereof: and
Whereas. under the terms of said agreement Principal is required. before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now. therefore. said Principal and Insurance Company of the West (hereinafter designated as"Surety") are held and firmly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Eighty-Qne Thousand dollars
($ 181.000,00 ). for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act \\ith
respect to such work or labor. that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond. will pay. in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees. incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the
court. and to be ta:xed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons. companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fully performed. then this obligation shall become null and void: otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond and it does hereby waive notice of any
such change. extension. alteration or addition.
In 'Witness whereof. this instrument has been duly executed by the Principal and Surety above named on December. 30. 2005,
Attest or Witness:
(Seal )
(;'-\-IC\V ,r~ ;-/(::')1
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No. 0000050
ICWGROUP
Power of Attorney
Insurance Company of the West
Explorer Insnrance Company Independence Casually and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia,
Explorer hlsurance Company, a Corporation duly organized under the laws of the State of Califomia, and hldependence Casually and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON. JAMES DE BEAU
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfofthe Companies, tidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In wituess whereof, the Companies have caused these presents to be executed by its duly authorized omcers this I st day of November, 2005,
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INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
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Jeffrey D. Sweeney. Assistaut Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
} 5S
On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalfofwhich the persons acted, executed the instl'llment.
Witness my hand and official seal.
FRANCIS FAFAUL I
COMM. #14717941
NOTARY PlaIC..cAlJFOAlM
SAN DIEGO iW
MY Ceo. ..m'1'I1o"'l
FEBRUARY:IS. .
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Altomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of tile Company. fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the oft1cers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations ofthase signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such tacsimile representations shall have the same
force and effect as if manually affixed. lbe facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying. II
CERTIFICATE
I, the undersigned, Assistant Secretary of lnsurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boaed, ofDiiectors of the: Co,npallies, and are now ir; full torce, '"" I
IN WITNESS WHEREOF, [have set my hand this 30..}h day of _~(' e.ffil) f'. ,- , '2fjeJS-
(;j 1f':? ,~t>(!~?1
" ,.....'
Jeffrey D. Sweeney, Assistant Sp,cretary
To verify the authenticity of this Power of Attomey you may call1-XOO-X77-llll and ask lor the Surety Division. Please refer to :"e Power of Altorney Number,
the above named individuaI(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (X5X) 350-2400.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Oran~e
On December 30, 2005
DATE
before me,
Janae Forrest, Notary Public
NAME. TITLE OF OFFICER E.G"JANE DOE. NOTAFW PUBLIC
personally appeared
Judith A. Dickinson
NAMEISI OF SIGNERISI
W 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 ac-
knowledged 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.
11-- ....~"~f>,...~ ............~
~I JANAE FORRE:ST I~
~ -;, COMM. # 1364186 :E
:!! ,~ NOTARY PUBLIC. CALIfORNIA s:
3: o{j ORANGE COUNTY ~
1L ~ ~ --;-- ~ _ ~y ~o~m~:JUIY 8, 2006 I~
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WITNESS my hand and official seal.
~ ~ ^f1D1,,~1:JfJ:~9j
OPTIONAL
Though the data below IS not required by law, It may prove valuable to persons relYing on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TlTLEISI
Subdivision Labor & Material Bond
TITLE OR TYPE OF DOCUMENT
PARTNER(S)
o LIMITED
D GENERAL
One (1)
NUMBER OF PAGES
iY ATTORNEY-iN-FACT
'--.; TRUSTEE(S)
n GUARDIAN/CONSERVATOR
I,
'-J OTHER:
December 30, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITY(IES)
INSURANCE COMPfuVY OF THE WEST
Not Stated
SIGNER(S) OTHER THAN N.~MED ABOVE
IC'"" GP 416
I.C.W. GROUP
I2SJINSURANCE COMPANY OF THE WEST
DEXPLORER INSURANCE COMPANY
DINDEPENDENCE CASUALTY AND SURETY COMPANY
11455 El Camino Real, San Diego, CA 92130-2045
PO Box 85563, San Diego, CA 92]86-5563 (858) 350-2400 FAX (858) 350-2707
MAINTENANCE BOND
Executed in Triplicate
Bond NO.216 87 5lM
Premium $N/ A
KNOW ALL MEN BY THESE PRESENTS
That GREYSTONE HOMES, LLC, as Principal. and ]NSURANCE COMPANY OF THE WEST, a
coI1><'ration organized under the laws of the State of California and authorized to do a surety business in
the State of CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF SAN
BERNARDINO in the sum of NINETY THOUSAND, FIVE HUNDRED ($90,500.00), lawful money of
the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these
presents:
SEALED with our seals and dated this 30th day of December, 2005.
WHEREAS, on the (no date stated), the said GREYS TONE HOMES, LLC, as contractor, entered into a
contract tor OFFSITE IMPROVEMENTS TO TRACT 15228 for the sum of Three Hundred Sixty-two
Thousand ($362,000.00); and,
WHEREAS, under the terms of the specifications for said work, the said GREYSTONE HOMES, LLC is
required to give a bond for Ninety Thousand Five Hundred Dollars ($90,500.00), to protect the City of
San Bernardino against the result of faulty materials or workmanship for a period of one year from and
after the date of the completion and acceptance of same, namely. until
NOW, THEREFORE, if the said GREYS TONE HOMES, LLC shall for a period of one year from and
after the date of the completion and acceptance of same by said CITY OF SAN BERi'\lARDINO replace
any and all defects arising in said work whether resulting from defective materials or defective
workmanship, then the above obligation to be void; otherwise to remain in full force and effect.
GREYSTONE HOMES, LLC
/
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BY \.1,{t~~~\, /~~
\.. nZtt"--rjl.A.7 illt'J'~/
INSURANCE COMPANY OF THE WEST
GN-[CW 1631-:,/(m
No. 0000050
ICW GROUP
Power of Attorney
Insurance Company of the 'Vest
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West. a Corporation duly organized under the laws of the State of California.
Explorer Insurance Company., a Corporation duly organized under the laws of the State of California., and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, tldelity and surety bonds, undertakings,
and other similar contracts of suretyship., and any related documents.
In witness whereof. the Companies have caused these presents to be executed by its duly authorized omcers this I st day of November, 2005.
/;i.TY ";C"
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INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
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Jeffrey D. Sweeney. Assistant Secretary
John L. Hannum., Executi ve Vice President
State of California
County of San Diego
} ss.
On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instmment.
Witness my hand and oftlcial seal.
FRANCIS FAFAUL I
COMM. #1471794 B
NOTARY PUBlIC-CN.lFOANlA
SAN DlEGO~
MY Comm'..~."'"
FE8RUMY.. .
H
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, tidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: 111at the signatures ofthe omcers making the appointment, and the signature of any oftlcer certifYing the validity
and current status of the appointment, may h~ facsimile r~prescntation5 of those signatures: and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may he affixed by stamping, printing, typing, or
photocopying. "
CERTIFICATE
I, the undersigned, Assistant 3ecr(;l:lry of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, _do
hereby certify that the foregoing Power of A:t:tomey is i'!:l full fAce ann efti>:ct, 2nd has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Direclors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 30#,. day of ,n t!r I"~ r ,:l..1JoS-
-', -1
/. j,-.... . ~~ 16,;;j//-0-.a-T>-e.7-,,-
,/ ~J It'"/< /~ ~
'-
Jeffrey D. Sweeney, Assistant S~cretary
To verify the authenticity of this Power of Attorney you may call1-XOO-X77-llll and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, [CW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (X5X) 350-2400.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On December 30, 2005
DATE
before me,
Janae Forrest, Notary Public
NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBUC~
personally appeared Judith A. Dickinson
NAMEIS) OF SIGNER(S)
~ 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 ac-.
knowledged 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.
~...................~----..... b ~.....
~I JANAE FORREST --It
S~. COMM. # 1364186 :!:
::!! ~. NOTARY PUBLIC. CALIFORNIA ;:
:= ; ORANGE COUNTY g
t . ~ ~ . _ ~y :o~: E:P~JU~Y ~' :~6Jt
WITNESS my hand and official seal.
~
LcYUfJl
51 NATURE OF NOTARY
OPTIONAL
Tll0Ugh the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
::::J INDIVIDUAL
U CORPORATE OFFICER
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
TITLE IS)
U PARTNER(S)
o LIMITED
o GENERAL
One (1)
NL;.'v1BER OF PAGES
1M ATTORNEY-iN-FACT
C TRUSTEE(S)
[J GUARDIAN/CONSERVATOR
o OTHER:
December 30, 2005
D.\TE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
Not Stated
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
LC.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAl\HNO REAL. SAN DIEGO, CA 92130-2045
P.O. BOX 85563, SAN DIEGO. CA 92186-5563
(858) 350-2400 FA,X (858) 350-2707
www.icwgroup.com
BOND NO. 216 87 53
PREMIUM $ 128.00
MONUMENT BOND
Executed in Triplicate
WHEREAS. GREYSTONE HOMES, LLC. hereinafter designated as "Developer", desires to record a final map for
the development identified as: TRACT #1;228
WHEREAS. pursuant to Article 9, Chapter I. Division 2. SUBDIVISION. of the Government Code of the State of
California. the interior monuments shown on said final map need not be set at the time the map is recorded and said
"Developer" wishes to have the interior monuments set after the time the map is recorded. Said "Developer" agrees to
furnish a security guaranteeing the cost of setting such monuments.
NOW. THEREFORE, We. the "Developer" and INSURANCE COMPANY OF THE WEST, as Surety. are held and
firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ ;,100.00. lawful money of the United States. for
the payment of which sum well and truly to be made. we bind ourselves, our heirs. successors, executors and administrators.
jointly and severally. firmly by these presents.
The conditions of this obligation is such that if the monuments are set on or before December 30. 200; and the
engineer or surveyor setting the final monuments shall have been paid. then this obligation shall become null and void.
Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above, it is agreed that we
shall pay the costs and reasonable expenses and fees. including reasonable attorney's fees. if any. incurred by the City III
successfully enforcing such obligation against us. all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms of the
agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anyway affect as
obligations on this bond. and it does hereby waive notice of any such change. extension of time. alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHREROF. this instrument has been duly executed by the principal and surety above named. on
DECEMBER 30. 200;
GREYSTON HOMES. LLC
617 Uort..h Poplar Street
Onmgc. CA 92868
INSURANCE COMPANY OF THE WEST
178;2 E. 17w Street Suite III
Tustin. CA 92780
^
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Signature of Developer
APPROVED AS TO FORM:
r#'^~. {)du~
Attorney-In-Fact
APPROVED AS TO SUFFICIENCY
Director of Public Works
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No. 0000050
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California. and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JUDITH A, DICKINSON, JAMES DE BEAU
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
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Jeffrey D. Sweeney, Assistant Secretary
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INSURANCE COMPASY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPASY
John L Hannum, Executive Vice President
State of California
County of San Diego
On November 1,2005, before me. Francis Fafaul, Notary Public, personally appeared John L Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instrument.
} ss.
Witness my hand and official seal.
FRANCIS FAFAUL I
COMM. #1471794 H
NOTARY PWLIC"cM.lfOfllM
SAN OIeGO~
MY Q)j,om'..io'\
FEBRUARY.. ,
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOL VED: 111at the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those sib'11atures and seals, and such tacsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations ref~rred to herein may be affixed by stamping, printing, typing, or
photocopying. !!
CER TlFiCA TE
T, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in Ihll force and eftect, and has not been revoked, and that the above resolutions wero duly ,dopted by the
respective Boards of Directors of the Companies, an~ ~e now in full force..,O . 'b
IN WITNESS WHEREOF, I have set my hand this .~"1 {J't'h day of _ _ eJ:. E ('1)_ e...C- , ':lOO~.
.c .1- 4~ J..~4~.ljr~
(/) ~ It" > . ,'/ ~I
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Jeffrey D. Sweeney, Assistant Sc;:retary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power ofA~totr;ey Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego. CA 92130-2045 or call (858) 350-2400.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On December 30, 2005
DATE
before me,
Janae Forrest, Notary Public
NAME, TITLE OF OFFICER - c.G.. -JANE DOE. NOTARY cUBUCR
personally appeared
Judith A. Dickinson
NAMEIS} OF SIGNERIS)
m personally known to me - OR - [J 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(iBS), 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.
~ p.' A ~ ~ ~ · !A~:E.F;RRES~-'It
~ COMM. # 1364186 ~
~. ,.t. NOTARY PUBLIC - CALIFORNIA ~
;; l~ ORANGE COUNTY I\)
~ . ... mt.1Y Comm.Exp. July.s, 2006 It
~ T _ ~ _ - ~ v ~ Y ~ ~ T T Y T T
WITNESS my hand and official seal.
/, a 'J).L'1 f2 Y;'lA_fl)j
J SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relYIng on the document and could prevent
fraudulent reattachment of thiS form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
I INDIVIDUAL
,~ CORPORATE OFFICER
TITLE,S}
Monument Bond
TITLE OR TYPE OF DOCUMENT
PARTNERtS)
o LIMITED
U GENERAL
One (1 )
NUMBER OF PAGES
~ AITORNEY-IN-r-ACT
~ TRUSTEE(S)
: : GUARDIAN/CONSERVATOR
[] OTHER:
December 30, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
Not Stated
SIGNER(S) OTHER THAN NAMED ABOVE
IC';ol GP 416
I.c.w. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Die~o, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond No. : 2168752
Premium: $3,200
Executed in Triplicate
FAITHFUL PERFOR~IANCE BOND
(Grading)
WHEREAS, the City Council of the City of San Bernardino, State of California, and Greystone Homes, LLC
(herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement. dated (none stated), and identified as project Tract 15228, is
hereby referred to and made a part hereof: and.
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful
perfonnance of said agreement.
NOW, THEREFORE, we, the principal and Insurance Company of the West, as surety, are held and firmly
bound unto the City of San Bernardino, (hereinafter called "City"), in the penal sum of One Hundred Thirty-five
Thousand DOLLARS ($135,000.00) lawful money of the United States, for the payment of which sum well and truly be
made. we bind ourselves. our heirs. successors, executors and administrators. jointly and severally. finnly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or it's heirs, executors.
administrators. successors or assigns. shall in all things stand to and abide by. and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided. on his or
their part, to be kept and performed at the time and in the manner therein specified. and in all respects according to their
true intent and meaning, and shall indemnify and save harmless the City. its officers. agents and employees, as therein
stipulated. then this obligation shall become null and void: otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully
enforcing such obligation. all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of
the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond. and it does hereby waive notice of any such change. extension of time, alteration or
addition to the terms of the agreement or to the work or to the specifications.
In witness whereof. this instrument has been duly executed by the principal and surety above named on December 30.
2005.
Princi al:
Grevstone Homes LLC
617 N. Po lar Street
Oran e. C A 92868
S uretv:
Bv:
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No. 0000050
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company~ a Corporation duly organized under the laws of the State of Calitomia, and hldependence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver 011 behalf of the Companies, fidelity and surety bonds. undertakings.
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this I st day of November, 2005.
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INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
A -1F7 '/~<O::?7
Jeffrey D. Sweeney, Assistant Secretary
John L Hannum. Executive Vice President
State of Califomia
County of San Diego
} ss.
On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instmment, the entity upon behalfofwhich the persons acted, executed the instrument.
Witness my hand and official seal.
FRANctS FAFAUL I
COMM. #14717941
NOTARY PU8UC..cAlJFOANlA
SAN OleGO~
MY Co.'Iftl.'.U "'ti&Jir
FEBRUARY as. .
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal. and deliver on behal f of the Company, fidelity and surety bonds, undel1akings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: 1118t the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures: and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing. or
photocopying. II
CERTIFICA TE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company. and Independence Casualty and Surety Company. do
hereby certify that the foregoing Power of Attomey is in ntll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this ~ ~ O+f'l day of DFJL r: in 6(0 r , .:2LJ os
. % ; 1f7 ~<..~Lb'cru:::t
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Jeffrey D. Sweeney, AS3istam Secretary
To verify the authenticity of this Power of Attomey you may call1-~00-~77-1111 and ask for the Surety Division. Please refer ~o the Fower of Attomey Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contac! Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (R5R) 350-2400.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Oranije
On December 30, 2005
DATE
before me,
Janae Forrest, Notarv Public
NAME. TITLE OF OFFICER E,G. "JANE DOE. ,~OTAR'f PUBLIC.
personally appeared
Judith A. Dickinson
NAME1Sl OF SIGNERlSl
lOOt 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 ac-
knowledged 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.
-.. n1 jA~:E F6RRES; ~ 'It
COMM. # 1364186 =E
NOTARY PUBLIC. CALIFORNIA lC
ORANGE COUNTY 2
MY:o~m:_Exp:J~Y ~. :~6...lt
WITNESS my hand and official seal.
'/-outd-
~~.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below IS not required by law. It may prove valuable to persons relymg on the document and could prevent
frauduient reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
~ INDIVIDUAL
[J CORPORATE OFFICER
TlnE(S)
Subdivision Performance Bond
TITLE OR TYPE OF DOCUMENT
, , PARTNER(S)
[] LIMITED
LJ GENERAL
One (l)
NUMBER OF PAGES
:~
iM ATTORNEY-iN-FACT
C TRUSTEE(S)
[J GUARDIAN/CONSERVATOR
[] OTHER:
December 30, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONtS) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
Not Stated
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
AC.DRQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
12/15/2005
PRODUCER (760)320-1111 FAX (760)320-1115 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Garcia Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2803 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm Springs, CA 92263
INSURERS AFFORDING COVERAGE NAIC#
INSURED Sant Development Corp. INSURER A Quanta Specialty Lines Ins.
Greystone Homes, LLC INSURER B:
617 N. Poplar INSURER c:
Orange, CA 92868 INSURER D
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ tm9;~ TYPE OF INSURANCE POLICY NUMBER PRH.~Y EFFECTIVE P~~1fJ EXPIRATION LIMITS
GENERAL LIABILITY QNGOO0505200 07/02/2005 07/02/2006 EACH OCCURRENCE $ 1,000,OOC
"X COMMERCIAL GENERAL LIABILITY DAMAGE ~9"~ENTED $ 50,000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAL & ADV INJURY $ 1,000,000
f-- 2,000,000
GENERAL AGGREGATE $
I-- 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: . PRODUCTS - COMP/OP AGG $
I .nPRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==1' ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
::=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T"X~,;T ~Jg< I IOJbI-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNERlEXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - E;A EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Operations performed by insured on behalf of certificate holder. Certificate holder is named as
fldditional insured. Formal endorsement to follow from company.
Dob: tract #15228- Greystone Homes
'10 day notice of cancellation may be issued for non payment of premium.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of San Bernardino EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Development Services Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Michael Ackerman BUT FAILURE TO MAIL SUCH. NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
.. .--")
300 N. D Street \li.ANY KIND UPON THE IN,uRER.ITS}lGENTS OR REPRESENTATIVES.
San Bernardino, CA 92418-0001 A,(JTHORlZED REPRESENTA1;J'VE ..,~
\."~,-.",, 7~~'-~ ~/ -- c, _"__,\
ACORD 25 (2001/08)
\
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@ACORDCORPORATION 1988
12/19/2005
09:26
NO. 5511l liJOO2
Sit
CERTHOLDER COPY
STATE
COMPliNSATlON
INSURANCE
F=UND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
C!RTIFICATE OF WORKERS' COMPENSATION INS~ANCE
ISSUE DATE: 12-16-2005
GROUP,
POLICY IIlJM8ER: 110&4.7 -200&
CERTifiCATE ID: 3
CERTlFICAT!; EXPIRES: 10-01-2008
10-01-2005/10-01-2008
CITY OF 1M IEIlNMDINlI 'DEVELoPlIlENT
SERVICES DEPM11lENT
100 NORTH D STKET
SAN IEIlliWlDIMJ CA 8241'-0001
SP
oIllI:ALL CA OPERATIONS
This is to C4IM..fy that we hav, itlued a va~d Work.ers' Comllensation in$Ul'ance POlicy in. . form approved by tile
California InsLll'aIlC8 Commissioner to 1INI employer named below for the POliCY period ilidcated.
This poliey is no! subject to ~ebtion by !he Fund except upon30 d.v$ adlrlllC:e wrinen notice to the employ....
We ....i11 1150 give you 10 d8ysMlv1flC8 "Otic. should this policy be cancelled prior to its normal axpinllon.
This eertifiett8 of insl'anc:e is not in insurance pOlicy II1d elMs not 1Imend. 8xltnd or altar lhe covor. afforded
by the policy lislled herein. Notwilhsuncling any requirement, term at oondition of IIfV contnet or olhor doeUl'l\em
with recp8et to which this e.rtitiate of lflSUr..-oe may b8 issued or to whieh it may perbin. the insuranco
8fforded by the policy d8&eribe<f lMroin is subject to .. the t8rln$, exclusions. and conditions. of such poliey.
~
~~ e..&L,
AlJrHORlZeo FlEPRfSI!NTATIVE PRESCIENT
EJPLOYER'S LIABILITY LOOT INCLUDlfC DEFENSE COSTS: 51,000,000 PER OCCURRENCE.
El'D)lt$EIIENf IMOO - DENNIS S $ANT PRESIDENT - EXCLUDED.
, ENDORSEItl!NT 12081 ENTITLED CERTIFICATE HOLDIRS' ...nCE EF'ECTIVE 10-01-2004 IS
I - ATTAalED TO AND "0IlIIS A PART Of THIS 'DLICY.
-
EMPlOYER
SANT DlVELOPIIENT CORP
.17 N POPLAR ST
DlWCE CA 82'"
"
tREY.l-OS!
(SC2.CN]
PRINTED I 12-16-2006