HomeMy WebLinkAbout2006-032
1 RESOLUTION NO. 2006-32
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
3 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO AVENUES IN THE
4 RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
5 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS;
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SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 16547,
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11 district, together with the provisions for their design and improvement, is consistent with the
located at the northeast comer of Pine and Ohio Avenues in the RL, Residential Low land use
12 General Plan of the City of San Bernardino.
13 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
14 City to execute the standard form Subdivision Improvement Agreement with RGS Development
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Group Incorporated, attached hereto as Exhibit A, for the improvements in said Tract Map as are
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is as specified in the Agreement. 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
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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2006-32
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
2 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO AVENUES IN THE
RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
3 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
4 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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6 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
as set forth in this Resolution.
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12 III
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
it within sixty (60) days of the passage of this Resolution.
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2
2006-32
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
2 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO AVENUES IN THE
RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
3 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
4 OF THE STANDARD FORM OF 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 joint regular
meeting thereof, held
8 on the 6th day of February
9 Council Members: AYES
10 ESTRADA X
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11 LONGVILLE X
12 X
MC GINNIS
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DERRY X
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KELLEY X
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16 JOHNSON X
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17 MC CAMMACK
, 2006, by the following vote, to wit:
ABSTAIN ABSENT
NAYS
----1L-
is. Ci ~/Lk
~J.ct
City Clerk
The foregoing resolution is hereby approved this Sl.
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23 Approved as to
form and legal content:
,2006.
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JAMES F. PENMAN,
25 City Attorney
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BY:./I ~4
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AGREEMENT
(Subdivision hnprovements)
THIS AGREEMENT is made and entered into as of this 311 day of
, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and RGS Development Group Incorporated
hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16547; 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
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed 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 are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be 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 relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall gIve personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection bv Citv. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts ofthe work and to the shops wherein the
work is in preparation.
10. Contract Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty ofthe work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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II. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Emplover's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public 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 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:
(I) Public Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold 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 harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor of any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
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or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, of any of the
insurance policies described in Paragraph II 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'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
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance bv Suretv or Citv. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that if the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
RGS Development Group Incorporated
6350 Calle Hermoso, Rancho Cucamonga, CA 91737
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
I/1S <0
...T;:, .5''''--''4'''' C-R ~ ...,'~ ;T..,c
/??f3o
~""-I'~
Z-CJu
?,-I-c t...
....,z r c/,'~
Ce....
9~G/7
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
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benefit of each of the parties and their respective legal representatives, successors, heirs and
assIgns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
//
ARDINO
ATTEST:
...~ I'
. ),\,L(~--ILLL
CitY-clerk
b. CCl<-/LjG
By:
I
~UV~
J 1 Valles, Mayor
Cit of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
BY:~
By: /~u:.-
- /
By:
12
)
) ss.
COUNTY OF 5AIJ .85ItJ.WtyJJ6 )
On this .:26 ti., day of .:1ANtlIJ-R.Y ,2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
PtJeERr CoAl 2./:k..E2 IIND r.:6B()R.A/-J 9OA/:z.4LE?
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
CO~ President, and 'S6<::!.12.51~.Y personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
fl.Ri?S/b51Jr # S8:!.et3d}1!Y of the corporation that executed the within instrument, and
17 know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
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J.. SYLVIA R. HOlK ~
- Comm.' 138869.
III NOTARY PUIUC.CAUIlIIlIlIA III
Sin hrnardN County ..
1 ~ My Comm. Ex,." Nt,.2~,~OOfT
~reL&/i
(This area for official seal.)
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~
In-c@JICO
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomla
17780 Fitch, Suite 200. Irvine, California 92614. (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 725874S
$ 3,270.00
a tenn of two
premium is for
year(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, RGS Development Group, Inc. , as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of the laws of the State of California and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the The City of
San Bernardino as Obligee, in the penal sum of One Hundred Nine Thousand and 00/100
($109,000.00 ) Dollars, for which payment, well and truly t;- be made, we bind ourselves, our beirs, successors, executors
and administrators, jointly and severally fmnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as Ohio Pines Estates - Tract map 16547
, is hereby referred to and made a par1 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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in alltbings stand to and abide by, 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 obligee, its officers, agents and employees, as therein stipnlated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the penal sum specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenus 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 January 27,
2006
PRINCIPAL: RGS Development Group, Inc.
6350 Calle Hermosa ~ucamonRa, CA 91737
~~'?" '7 r'~.f',;.4...../
Robert Gonzalez, President
SURETY: Indemnity Company of California
17 . O. Filch Ir'in~92614
. (~
C' Attorney-in-Fact
10-1092 (CA) Subdivision Performance Bond (REV. 1101)
STATE OF California } SS
COUNTY OF San Bernardino
011 1/27/2006 , before me, Janelle L. Miller, notary pUblic
PERSON4LLYAPPEARED Cyndi Beilman
personally knm1'l1!o me (or proved to me Ofl the basis (~rs(llisfa(..lOr)'
evidence) to be the person(s) whose name(s) is/are subscrihed to the
lrithin instnmzent and acknowledged to me that he/she/they executed
the same in hislher/fheirawhorized capacify(ies), and fhat by his/her/their
sigllantre(s) on the illstrumeHT the persoll(s), or the entity UpOIl behalf t1 . t! t \,. ... tA"'" .. t....E
oftl'hich the person(s) acted. executed the instnullent. A'o";'>~ JANELLE L MleLER
,,~/..: t~. COMUt #14954;16 m
.. iJ} :;:-i:~r:';-'J.'Jf,E;'1 Notary Publlc-CaHfornia ~
WITNESS lilY halld muI official seaL LU \:.1":-::1-:0/ SM BERNARDINO COUNTY .....
~.;'Llg lAy Comm. Exp. June 25, 2005 E
"-';r..... ~ . . . .. . . ~ ~ . . . . . . .
Signature -Bt2f utf( .;L ,(hJ.L
This ((reafm- Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL HA'" .fffvmOfl(x ~
I)a CORPORATE OFFICER
p."",.d..~" TITLE OF TYPE OF DOC MENT
T!TlE(S)
o PARTNER(S) o LIMITED
o GENERAL q
o ATTORNEY.IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: l'ol-0b
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S] OR ENTlTY(lESl ~~~7
-
~,{ J ~-t,,-,
SIGNER(S) OTHER THAN NAMED ABOVE
ID.1232 (REV> 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby malee, constitute and appoint:
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attomcy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on bebalf of said corporations. as sureties, bonds, undertakings
and contracts of suretyship giving and granting Wlto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as each of said cotpOnltions could do. but reserving to eacb of said corporations full power of SUbstitutiOD and revocation. and
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents. are hereby ratified and coutinned.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as oINovember I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds. undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secreta!)' of the corporations ~ and each of them hereby is. authorized to attest lhe execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally cansed
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005.
ByG~3
")
_n.~
.~1 ~~./.t(),..
.I~'f,'~fO.if""~.\
'''';,-0 ,~,\",.
itl:l: ,.- ~~\.
E<<": OCT. i"'" i:
i:!~ 10 in!
\~\ 1936 i~i
\~;~-...!E.!!~~ ,,~:l>.
~...,,*
_.
David H. Rhodes, Executive Vice-President
~~
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1, 2005 before me, Gina L. Gamer. (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persoo(s) whose name(s) Ware subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislber/their authorized capacity(ies). and that by hislber/lheir signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted. executed the instrument
6md r/ ~
t,.-:U~~'I
0MNCI8 COUNTY
~ _ _ _.,~ .,~-r~
WITNESS my hand and official seal.
Signature
(SEAL)
CERTIFICATE
The nndersigned, as Assistant SeeretaJy, ofDEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Attorney remains in full foree and has not been revoked. and furthermore, that the provisions oftbe re=solurions of
the respective Boards of Directors of said corporatious set fo..-th in the:; Power of Attorney, are in force as aCthe date arthis Certificate.
This Certificate is executed in the City of lr;ine, California, the 27TH day of
JANUARY
2006
By
Albert Hillebrand, Assistant Secretary
~I-~.
ID-1380 (Rev. 12/05)
"ii'Iim3
InsDihlCD
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Sufte 200 . IlVine, California 92614 . (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 7258745
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, RG5 Development Group, Inc. . as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of tbe laws of the State of California and duly licensed
to conduct a general surety business in the State of California as Surety. are held and firmly bound unto the The City of San Bernardino
as Obligee, in the penal sum of Fifty Four Thousand Five Hundred and 001
100 . ($ 54,500.00 ) DOLLARS,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these
presents. ...
THE CONDmON OF THE OBLIGA nON IS SUCH THAT:
Whereas, the above-named Principal, has entered into an agreement which is made a part of this bond, with the City of San
Bernardino . State of California, as Obligee, for the designated pubJic
improvements in the subdivision identified as Ohio Pines Estates w Tract Map 16547
, a.~ required by the Government Code of California.
Whereas, under the tenns of ~aid agreement, p~ncipal is required before entering upon the performance of the work, to file a good and
sufficient payment bond with the City of San BernardinO 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 the undersigned, as surety, are held firmly bound unto the The City of San Bernardino
and all contrdctors, subcontractors, laborers, materialmen and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for material furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond. ~n ~ay, in addition
to the penal sum thereof. costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by The City 0 San
Bernardino in successfully enforcing such obligation, to be awarded and fixed by the court.
and to be taxed as costs and to be included in the judgement 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 right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shaH 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 obhgations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
In witness whereof, this insttument has been duly executed by the principal and surety above named. on January 27,
2006
PRINCIPAL: RG5 Development Group, Inc.
6350 Ca~~o ~ucam~ CA 91737
//--<. -;? ~ r,.-.,-s
Robert Gonzalez, President
10-1093 (CA) Subdivision Labor andMateria& Bond (REV. 1101)
Attorney-in-Fact
COUNTY OF San Bernardino
} ss
STATE OF California
011
1/27/2006
. before me, Janelle l. Miller, notary public
PERSONALLY APPEARED Cyndi Beilman
personally kllO\'vI110 me (or prOl'ed to me ollll1e basis of satisfactory
evidence) ro be the person(s) whose n(lme(s) is/ate suhscribed to the
within ins{11Iment and acknowledged to me that he/she/they eXl'cuted
rhe same in his/her/their aW/lOrized capaciry(ies). and that by his/her/their
signature(s) 011 the instrumeHI the person(s), or the entiry upon behll~f
of"which rhe persoll(s) acted. executed the instrume1lt.
WITNESS m)" halld alld official seal.
~.~ ~ . ~ . * ~ 6 . Y ~ ." 1 .t
/~~ 1;:'1'= 'It I
""'C_"'-.' JAN____ L ~..l_ER
:':: tc:--:. 'h~t(:,.~ CO~lM. ~1496~~G. m
(j) ir :.:;:._ :";:~.'~;:j Nnt~ry P~blll::.Ca1:,orma !:2:
I:) \}~'.~':-:::'J, S,1-~~Ef.RNARDmOCOlJIlTY ......
] \.<:'.>~;}:_" nj Comm. Exp. JUihl 25, 2000 E
~.'Y"_.~ .~._ ......................~.~ ...,.~ .....
Signature
~~
d~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons reiying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
@"CORPORAI.E OFFICER
/""-1. PJ't .e/~...., r
TlTLE(S}
I a bN o.rd f--I{l-kr;a (\ ~c1
TITLE OF TYPE OF DOCUMENT
D PARTNER(S)
D LIMITED
D GENERAL
3
NUMBER OF PAGES
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
) -d- i-Ob
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OA ENTITY(IES)
~ .~~ ~7
SIGNER(S) OTHER THAN NAMED ABOVE
iO-1232 (REv. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNrrYCOMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS. that exeept as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge. for and on behalf of said corporations. as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact fuU power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocation. and
all oftbe acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confinned.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each oftbem hereby is. authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf oftbe corporations, bonds. undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations ~ and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affIXed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally eaused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005.
By: C~ ~~
David H. Rhodes, Executive Vice-President
~~
")
~--~
~'\'\ I'JIO ''''''
~v......' v(Cl
I ~l{ov.P~~"
110' (;J ~ \~;.
=0:1 OCT. ..<i
i~t 10 ini
\~\ 1936 i~j
\~... /....
'!~Q-L!J..Y!.V...Y
"'....~I."
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1,2005 before me, Gina L. GarneT, (here insert name and title oflhe officer), penonaIly appeared David H. Rhodes and WaIter A. Crowell,
personally known to me (or proved 10 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instroment and
acknowledged to me that belshe/they executed the same in hislherltheir authorized capacity(ies), and that by hislberltbeir signature(s) on the instrument the penon{s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Wna z;( ~
tl~;~~JI
'1iII'! _COUNIY
~ ~ - - .,~~.,-~~,
WITNESS my hand and official seal.
Signature
(SEAL)
CERTIFICATE
The undersigned, as Assislant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in fun fooce and bas not been revoked, and furthermore, that the provisions oftbe resolutions of
the respective Boards of Directors of said corporaticus set forth in the Power cf Attorney, are in force as oflhe date of Ibis Certificate.
This Certificate is executed in the City of Irvine, California, the 27TH day of
JANUARY
2006
By
Albert Hillebrand, Assistant Secretary
~I-~.
10-1380 (Rev. 12105)
~
1n5CIi!IICC
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 F~ch. Suite 200 . Irvine. Cal~omla 92614. (949) 263-3300
MAINTENANCE BOND
BOND NO.: 7258745
Premium included in Perfonnance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we RGS Development Group. Inc.
and Indem~ity Company of CalWomia
and by virtue of the laws of the State ofCallfomia
bnsiness in the State of California, as Surety, are beld and firmly bound unto
The City of San Bernardino
, as Principal,
. a corporation organized and doing business under
and duly licensed to conduct surety
as Obligee, in the sum of Twenty Seven Thousand Two Hundred F~ and 00/100
($ 27.250.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally finnly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Construction and completion of improvements. Ohio Pines Estates - Tract Map 16547
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceplaJl!'e of said improvements;
NOW, THEREFORE, if the above Principal shall indemnifY the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
ofthe said Surety is hereto affIxed and attested by its duly authorized Attorney-in-Fact
this 27th
day of January
2006
YEAR
Principal
Ind~ity Company of CalWornia
( \
\,k)rAf
Cynd~an.
(~~ .0
RGS Development GrouP. Inc.
6350 Calle Hermosa Rancho Cucamonga, CA 91737
BY: ~~S~/
Robert Gonzalez, President
10-1201 (eA) (One Year Tenn) {REV. 3101)
,
............. Attomey~jn-Fact
?r.-s.
STA TE OF California
} SS.
COUNTY OF San Bernardino
On
1/27/2006
, before me, Janelle L. Miller, notary public
PERSONALLY APPEARED Cyndi Beilman
personally knoJV1l 10 me (or proved 10 me OIl the basis ofsatisfaclory
evidence) 10 be the person(s) whose name(s) is/are subscribed /0 the
}I'irhin instrument and acknowledged to me that he/she/they execUled
the same in his/her/their authori:ed capacity(ies). and that by hislher/their
sigllllture(s) OIL the instrument the person(s), or the entity upon behalf
afwhich the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature
?t~
oLYh~
OPTIONAL
rA&A&...&&..........,'.....E
....~;;'";,~ leI I ~ ' ~l' I ....
/,.':';,:;:~~" JAN..__.......l.l\....._Er:.t
~ [,:-:_ __).f.t:;:.. COMNl. #1495-13Q m
U3 rt~:~,~.~eN.'2: NOI'3.ry Puh!icwCalif..,mia !:2
W \\~~'-;._;"f-"Z-'Jj.11 S~,N BERNARDINO COU:lTY ....
) ;~;~~~q{/l,ty Comm. Exp. Jun~ 25. 2119S ~
~~~.~?,...,... .~?"
This area for Official NolariuZ Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
,5tCORPORATE OFFIC.f.R
?~ S.I-c-6- '"
T1nE(S)
".~
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTiNG:
NAME OF PERSON(S) OR ENTITY(IES)
ID.1232IREV.5/01)
DESCRIPTION OF ATTACHED DOCUMENT
00 i n-tu)OJl ce.. 'BonJ
TITLE OF TYPE OF DOCUMENT
3
NUMBER OF PAGES
l-dJ-Q0
DATE OF DOCUMENT
~
0~
ALL-PURPOSE ACKNOWLEDGEMENT
SIGNER(S) OTHER THAN NAMED ABOVE
/'/GS
,O~S
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do eacb, hereby make, constibJte and appoint:
***Jeffrey R, Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawfu.l Attomey(s)-in-Fact. to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact fun power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fun power of substitution and revocation. and
all or the acts of said Attomey(s)-in-Fact, pursuant to these presents. are hereby ratified and cantioned.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations b.>> and each of them hereby is. authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any sucb Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shal1 be valid and binding upon the corporation when so affixed and in
thc future with respect to any bond, undertaking or contract of suretyship to which it is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA bave severally caosed
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
BY:O~
')
....."IH..~
..-.:~ AND J.
/..~",'1 ,.,"~~...
I~"/;,"'Oll.tl';:"'~'"
"(IJ Ie.; ~ ,,~'\
ia::f OCT. \~i
i~~ 10 in!
\0\ 1936 !~i
\:;:"~"~':-'/OW~ /~'b/
() .......~\-+-;,
* ...
'..n..'''.......
David H. Rhodes, Executive Vice-President
~~
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1,2005 before me. Gina L. Gamer. (here insert name and title oflbe officer), ~nally appeared David H. Rhodes and Walter A. Crowell.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to Ihe within instrument and
acknowledged to me that belshe/they executed the same in hislberltheir aulborized capacity(ies). and that by hisJherltheir signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted, executed the instrument.
6lnd zr( ~
f - ~ - -- - ~~~~ "
S.~~==-I
I _COUNIY 12
~ ~ _ _ _ .,~~~_~~t
WITNESS my hand and official seal.
Signature
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, ofDEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has Dot been revoked, and furthermore, that the provisions of &he resolutions of
the respective Boards of Directors of said corporatiCils set fo..'1h in thti Power of Attorney, are in force as of tile date of this Certificate.
This Certificate is executed in the City of Ir.'ine, California, the 27TH day of
JANUARY
2006
By
Albert HiUebrand, Assistant Secretary
~I-~
10-1380 (Rev. 12/05)
~
In-C@Jlco
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 -Irvine, California 92614. (949) 263~3300
WWrN.lnscoDico.com
BOND NO. 725875S
$ 100.00
term of two
premium is for a
year(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, RGS Development Group, Inc.
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Ohio-Pines Estates, Tract
Map 16547 ; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
-
NOW, THEREFORE, we the subdivider as Principal, and the Indemnity Company of California, 17780 Fitch, Irvine,
CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of One Hundred Nine Thousand and 001100
,($ 109.000.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons. companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
And the said Surety. for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on January 27. , 20 06
Principal
RGS Development Group, Inc.
Surety
Indemn~y Company of California
6350 Calle Hermosa Rt CV"~Ja, CA 91737
By: ~~. k7 ~ ./R1PJ.
Robert Gonzalez, Presklent
Attorney-In-Fact
10-1416 (GA) (7/01)
STATE OF California }
5S.
COUNTY OF San Bernardino
On 1/27/2006 , before me, Janelle L. Miller, notary public
PERSOM4LLYAPPEARED Cyndi Beilman
personally known to me (or proved to me 011 the basis (~r.\',,'i.ifactor)'
el';cfence) to be the person(s) lAo'hose llllme(s) is/are subscribed to the
"l'ithin in.'itrlllllent and acknowledged 10 me that he/she/they executed
the Sa111l' in his/her/tludrauthorized capaciry(ies). ami that by his/her/their rlt. ~~. I ..tI.....:': fl,.~A4 ~ ~ga \",
sigllarure(s) Oil the instnl1llellf the persoll(s), or the entit)' upon behalf dJ'!~ JANELL:: l. :<!!~~u::~ t
of which the pers(m(s} acted, executed the instrument. :=: ~:.;.,~~..:.J.~~~: CO;IAi'~. #11~'j'3~JG m
.. </J ~"JI~:,' No",> ""','Ie-C'lirom'. to
w "(~,,/,_~,~~ ~ft.~l ~ERNI~Ri)mO C;;WHY ::
WITNESS my hand and official seal. ~~;4!.0'" .j1y Co,nm. Exr. J:.u;t' 1.1;, 2~~)f1 E
~~-vv.~...~~.".. ~"''r'
Signature ~4aL-t< :L Yh'\_it~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL J-!11YY)()rY)P nt-a-bwn ~J
B CORPORATE OFFICER
~r"""'f,'~f~"",, r TITLE OF TYPE OF DOCUMENT
T1TlE(Sj
o PARTNER(S) o LiMiTED 3
o GENERAL
o ATTORNEY-iN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: 1-d-/~Oh
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrrY{IES) " /?~~-,
/?Gs,
SiGNER(S) OTHER THAN NAMED ABOVE ";:;.5
10-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint
***Jeffrey R, Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attomey(s)-in-Facl, to make, execute, deliver and acknowledge, for and on behalf of said COIpOrations, as sureties., bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)win-Fact fun power and aulhority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation, and
all ofibe acts of said Attomey(s)-in-Facl, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President aCtbe corporation be, and that each of them hereby is. authorized to
execute Powers of Attorney, qualifying tbe attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations l$ and each of them hereby is. authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be afftxed to any such Power of Attorney or to any certificate relating Ihereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caosed
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
By: C~ ~2
David H. Rhodes. Executive Vice-President
')
..~~.~
~'\'\ "'NO ,"'c
~v:-;~o~~
16j/~O ..'t.f,.~'$:
i~: (j ~\~'l
:0:: OCT. i...(.:
=~! 10 :n5
\~\ 1936 l~!
\.'*~""""OW'" /.,.";
'-:'11 ................~i.
~~ * ",'
....n.".....
~~
By:
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1.2005 before me, Gina L Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) 10 be the person(s) whose name(s) Ware subscribed 10 the within instnnnent and
acknowledged to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by hislherltheir signature(s) on the instnunent the person(s),
or the entity upon hehalf of which the person(s) acted. executed the iostnunent.
Signature
6mdx~
f .. :. .. .. .. .. ~L~ .. "
I. COMM..1_1 I
101M\' PWUCCAIJI'OINA
GlANClECOUNTY
~- - --~~~~-~~
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The ondemgned, as Aasistant Secretary, ofDEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certifY that the foregoing Power of Attorney rcJ11lins in full force and bas not been revoked. and furthermore, that the provisions oCthe resolutions of
the respective Boards of Directors of said corporaticus set frob in the Power of Attorney, are in force as of the date oflhis Certificate.
This Certificate is executed in the City of Ir.ine. California. the 27TH day of
JANUARY
2006
By
Albert Hillebrand. Assistant Secretary
~I--~
ID-1380 (Rev. 12/05)
.AI~,. CERTIFICATE OF LIABILITY INSURANCE I DATeCflM'DDI'f'Y)
1/27/2008
llRODICER EDCOS INSURANCE SERVICES THIS CERT1flCAll! IS ISSUED AS A M.',TTER OF INfORMATION
3375 IOWA AVE SUITE J ONLY AND CONFERS NO RIGtITS U "IlN THE CERTIFICATE
1fOl.MIl. THIS CERT1ACATE DOES NelT AIIII!ND, EXTEND OR
AL ll!R THE COVEIlAGE AFFORDED BY T1f!: POLICIES BELOW.
RIVERSIDE CA 92507 I ~ERS AFFORDING O:'YERAGE
(9511222-2702
..suR;!) I"'''''''''' WESTEN HI:RITAGE INSUR,\NCE
ROEIERT GONZALEZ ..
I""'....." UNITRIN SPECIAL TV
RG!: DEVELOPMENT INSURER c:
P.O, BOX 1217 I~'RD.
ALl A LOIIA. CA 91701 IIN~ftl!
COY ,RAGES
THilJtOLlClES OP' INSURANCE USTEO BELOW HAVE 8E&ft ISSUED TQ 1"HE INSURED HAMED ABOVI fOR THE POLICV faERIOD lNUlCATED. NOTWITHSTANDING
AN ~ REQUIREMENT. 11!IlII OR CONOfTION OF Nt< CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER'IIFICATIi /MY BE ISSUID OR
l'At PERf...... THE INSURANCE AffORDED IN THE POUC1l!S DESCRIBED tlEREIN IS SUBJECT TO All THE TERMS, EXCLU9I01'I'1 AND CONDITIONS OF SUCH
PO JClES. AGGREGATE 1.M1'S SHOWN MAY HAVE BE!" AEDUCED BY PAlO CLAIM&.
':'1.1'1 ....OOO_OCO i 1'OI.lCY_ I~~I~I ,UIIrs
"'"---' RNERAL UAIIllm I I I f ACH OCCORAG' cc: "
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A I I' I c..-sMAO' X I OCCUR I 04270SJR02 I 4/2712005 I 4/21/2008 I ::.=-:.::'= I:
I GENEMLAGORiGATE S
I GIi:N'l A&;G"fC.Il,fI:;:: ^';PlI'ES nit, I I" P~~-. ~..m AGO Ii
~ IJEt1 I Lac I I, I .
'Vi=~ II 1=~IINGI'I""
I AlL OWNEO AUTOS I Il!IODIlrlN.IUAr
B X It>4I!IlUlmAUrOS I I 'P_-
FCFICV1281&01..o2 912912005 112t12008
! '=="AUTOS! I I I~~
I I PROPERTY DlMI\GE $
I tPwllCCidftl
GAMGE. WliIllJJY I I MlT'O ONLY. EJ: ACClDr!:NT $
-.JAUYAlJ10 I I I I~~~~-' ...:: -:- -
~:c:.Lml I Cl"'IS~AOE , I I I =:".0. I:
J ::;:" "', I I h' 1wco..57"~lli,' ""'"f,'1 :
WGRURIi CQu,.uSATION AND ..-,
........................ I
I I e.l. EACH ACCl:o&NT ·
I EL ..i......".......;,:,;,. ;-
, ... I ,.1. 0tKASI!.. t~DuCY LMT Ii
I OTHeR I, ! !
Vd~ Of ONAATIONM.DCA~ADD!DII'I' .tDO-""ATrIIPKlW. P1IICWIIM)N8
CERTIFICATE HOLDER LISTED AS ADDmONAL INSURED
-'
CE ml'lCATE HOLDER
CAllCI!LLATION
APDI11DNAL MURP; tdUREA\.nrt.1t!
2,000,000
1,ooo,aoo
1,000,000
1,000,000
100,000
5,000
'"
I"
'"
1,000,000
crry OF SAN BERNARDINO
SHOuLD AJI'tWTKI!MOVE DO _ POuCIEiIIU':AHCeLLlD ecFaAITHEEJCrfM.'nON
D.\Tf: TMI!A8OF. THf ...,.... INIIIIIER WILL CttDOI DR TO 11M. _3_l!. DAYS WRrn"EN
NOllCIETO TN'CD.'JUIM:AlE NOLDDN"lIaJ1OTlli l.IJiT.BUT'M.URli.TODO 10 5tW.l.
.,01& 11I0 ~11DN 011 LIAIIUTY Of Nf'f lICItdI THe....MR. ITI AOPfTC OR
I
300 NORTH D STREET
SI,N BERNAROINO
AI: ORD ZW (7/17)
l.M.lt'Wvl.eon11111O&,'4.2.,~
CA 92418
(T.:""~
;1 ACORD COIlPOIlATlON 111I
PF..."O.'
.............
............
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