HomeMy WebLinkAbout2006-101
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RESOLUTION NO. 2006-101
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17524,
LOCATED ON THE NORTH SIDE OF 7TH STREET BETWEEN SAN CARLO AVENUE
4 AND SAN ANSELMO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE
5 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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12 the RS, Residential Suburban land use district, together with the provisions for their design and
13 improvement, is consistent with the General Plan of the City of San Bernardino.
SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 17524,
located on the north side of 7th Street between San Carlo Avenue and San Anselmo Avenue in
14 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
15 City to execute the standard form Subdivision Improvement Agreement with Spectra Homes,
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LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by
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Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
19 time for performance is as specified in the Agreement. Said improvements are specifically
20 described and shown on Drawings approved and on file in the office of Development Services of
21 the City of San Bernardino.
22 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
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Bernardino hereby accepts as public property all dedications within the subdivision as shown on
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said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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2006-101
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17524,
3 LOCATED ON THE NORTH SIDE OF 7TH STREET BETWEEN SAN CARLO A VENUE
AND SAN ANSELMO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
5 MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
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8 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
9 The City Clerk shall certify approval and acceptance of the Mayor and Common Council
10 as set forth in this Resolution.
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
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it within sixty (60) days of the passage of this Resolution.
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III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17524,
LOCATED ON THE NORTH SIDE OF 7TH STREET BETWEEN SAN CARLO AVENUE
3 AND SAN ANSELMO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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8 Common Council of the City of San Bernardino at a joint regular
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meeting thereof, held
on the
17th
day of
April
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
---1L
x
---1L
x
x
x
x
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24 Approved as to
form and legal content:
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The foregoing resolution is hereby approved this
(2J.. J h. CLuJt,
~
'I. ,,9'-
C~O day of April , 2006.
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JAMES F. PENMAN,
City Attorney .2.
27 By: ,....", ).; G1/h"'-<-.......
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2006-101
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this 11+.1\..; day of
~, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Spectra Homes, LLC 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 17524; 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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2006-101
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 perfonnance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Perfonnance of Work. Subdivider will do and perforn1, or cause to bc done
and perfonned, 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 Perfonnance. 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 perfonnance 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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2006-10lO
9. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(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 of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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2006-10 1
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
carn er.
(a) Worker's Compensation Insurance/Employer's Liability 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 Liability and Properly Damage Insurance. Subdivider shall take out and
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2006-101
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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:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($ I ,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 1 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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2006-101
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" fonn
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 lniury - Defined. As used herein, the term "personal injury"
shall be de tined 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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2006-101
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,
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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2006-101
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 creatc 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 City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to 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 by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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2006-101
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:
Spectra Homes, LLC
517 South Myrtle Avenue, Suite 201, Monrovia, CA 91016
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Lincoln Generallnsurance Company
701 "B" Street, #2100, San Diego, CA 92101
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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2006-101
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.
ATTEST:
( ~u--th. C~~
City lerk
CITY OF SAN BERNARDINO
Approved as to form
and legal content:
SUBDIVIDER:
By: ~
JAMES F. PENMAN,
City Attorney,
,I!c
By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
On this jlh' day of rf\!\,pjr\ , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
[<fIll') J RoBE'fL'T .:c.
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Direetors.
WITNESS my hand and official seal.
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA
}
} ss.
}
COUNTY OF l.o::'i .~tJ6Uc "
G,f!y;j//C
\
13
JACQUELINE J. BAilEY ~
COMM. # 10452029
OTARY PUBlIC-CAlIfORNIA [)
LOS ANGELES COUNTY 0
COMM. EXP. DEC. 16. 2007~
...,....I"
(This area for official seal.)
Bond No.: 661116669
Initial Premium: $7,000.00
Premium covers 2 yr. term
Annual renewal premium due
Until bond released
SUBDIVISION FAITHFUL
PERFORMANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insnrance Companv,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Three Hundred Twentv-Five Thousand & 00/100 Dollars, ($325,000.00) for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map
of Street Improvements curb, l!utter, sidewalk and road improvements for track #17524,
entered into an agreement or agreements with said Obligee to complete the improvements
specified in said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall
well and truly perform said agreement or agreements during the original term thereof or of any
extension of said term that may be granted by the Obligee with or without notice to the Surety,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006
Spectra Homes, LLC
~
nsurance Com an
-Fact
661116669
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW AU MEN BY niESE PRBSEN'J'S: That Lincoln Generallnsurmce Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate. ccnstitute and 1IllOOinl:
George Jimenez
ill; true and lawfUl allOmey(s)-in-fact to sign, seal and execute for and on its ~ as surety, bonds, undertakings, and other
oblisatorY instruments of similar na1Ure in an amcunl not to exceed TIlne MlII10n DolIan (S3,OOO,OOO).and to bind it thereby as
fully and to the same oxlenl as if such insttuments were signed by a duly authorized officer of the cmponlion, and all the acts of
said Altomey, pursuant to the authority hereby given are hereby ra!ified and con1inned.
RBSOL VED that this Power of Attorney is granted and is signed, sealed and nolarized with fa<sinnle signalllreS and sea1s under
authority of the following resolutions adopted hy the Board ofDirectots of Lincoln Generalln.suranee Company on the 4" day of
September, 2002.
RBSOL VED that the President, an Executive or Senior Vice President, or any Vice President of the Company, legether with the
Secretary or any Assistant Secmary are hereby authorized to execute Powers of Allcmey appointing the person(s) named as
Allomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company. fidelity and surety bends, undertlkings, and
other similar eonlr.lOlS of suretyship, and any related dOCUJllCltJ.
RBSOL VED FURTIlER that the signatures of the officers making the appointment, and the signalUre of any ollieer certifying
the validity and cunenl status of the appointment, may he fiIcsimile reptesenllIlion of those signatures; ond the signature and seal
of any notlry, and the seal of the Company, may he fa<sinn1e representations of those signatures and seal<, BOd such fucsinnle
representatioos of those signatures and seals, and such facsimile representations lhall have the same force and effect as if
manually allixed. The 1iIcsimi1e representations referred Ie herein may be affixed by SlllInping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpo to be these presents to
be signed by its duly authorized officers this 4th daY~""""~ 2002. .,......
~ ~,~'~ INSU ""~
# ~.-;,,"'h.. ~~
.-~ ~~..., .... ~
Attest: ...-/- - /L $ ~... ~ORATEa. ... O~
Garyl d ~t5... (,0 \ \\\\~
. . ~z( 1977 1C)~
The COllllllDnweaJth ofPeonsyIvama ~ .....,.0 - : i ~
York County \'?:i;:.~4N3Yl:~t>~:'''''"Jjf
n~~~J. .,.' ~
00 this 4th day of September, 2002, before 11;' C. Bhojwani, to me keowo, who being duly swam, did
depose and say: that he is the Presideot of the . ~ in and wbicb cxeculed the above inslrumont: that he IoJows
the seal allixed to the aforesaid insttument is such corpotale seal and waa affixed therelc by order and authority of the Board of
Directors of said Company; and that he executed the said instrumenl by Jike order and wthority and the same was his free act and
deed.
The Commonwealth of PeonsyIvanis
Yark County
Notarial Seal
Catherine Marie Loose. Notary
Sprfngettsbury Twp.. "fDrk
My CommJ$StOn ExgirasJune1
I, Gary Omdorfl; Secretary of Lincoln General Insuraoce Company, a corpotalioo of the Commonwealth of PenosyIvania du
hereby certifY that the above and foregoing is a ful~ true and comet copy of Power of Allomey issued by said Company. and of
the whoie of the original and that the said Power of Allomey is still in full force and effect and has oot been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Allomey is now in f=
IN WITNESS WHEREOF. I have hereunlo set my band and llfiixed the seal ofsaid Company, 81 York, Pennsylvania, this
13th day of, March 2006 ~"""UII""
- ",~'M. lNSU ""010"
~~;";....<o... ...
~~..",. ..... :,.0;
f it/ ~O'AATE ..e::V~. '% Secretary
_c,' <:l - ... ....-
~zi 1977 )8~
% -6....1>.... - ..~~ /~ i
~U'" .'JYSn."r .."uti!
~~" .."~~
~",.""",,,,,. b~~
~""III. '* '!I.\~~
1"'1'''.........,,3.\\\
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
) ss.
County of LOS ANGELES
On 3/13/06 , before me,
Dale
) ss.
S. PhiliDs - NOTARY PUBLIC
Name and Title of Officer (e.9., "Jane Doe, NOTARY PUBLIC.
personally appeared
George Jimenez -
ATTORNEY-IN-FACT
~ personally known to me
o proved to me on the basis of satisfactory
evidence
~~-""A:l-~C""""'"
.. ",,,~,,.,,,,,, S '''J'I IPS
(1 ?'",'r''' ~ '.' f... . ~
. ,1':'!'di""I'!~(clc' r.....'f'., t i"""""'419
~-~':::"';li:~1!:, ': !d;~;if:,(:;': - "".~ !;. :;' - 'w,;,-~_.2..::~.f'OO-CiA
"'~"..,'..:/, l'.'" "I(""'~ 0
c; .'P:;!:~h~;F'" ,-,U,_' . I:':"';' -~;~~~.. _.
~..... ......1. '.,,".'i!.Y,lD06"
. ~>"C;""~~'CI-':;:' 4. ..... _ \.
to be the person( s) whose name( s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Aoove
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
Iil Attorney in fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top ofThumb here
Signer is Representing:
1;) ]999 Nallonal Notary Association' 9350 Dc SOlO Ave" P,O. Box 2402' Chatsworth, CA 91313-2402. www.nalionalnotary.ofll
Prod, No,5907
Reorder: Call Toll.Free 1.800-876-6827
.
Bond No.: 661116669
Initial Premiwn Included on
Subdivision Performance Bond
for the Term of2 Year(s)
SUBDIVISION
LABOR AND MATERIAL BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
One Hundred Sixty-Two and Five Thousand w/ 00/100 Dollars ($162,500.00) Dollars, for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHERE AS, the above named Principal, as a condition of the street improvements curb,
l!utter, sidewalk and road improvements for tract #17524. entered into an agreement or
agreements with said Obligee to complete the improvements specified in said agreement or
agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall
well and truly perform said agreement or agreements during the original term thereof or of any
extension of said term that may be granted by the Obligee with or without notice to the Surety,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006 .
Spectra Homes, LLC
:"C~/
al Insurance Com an
661116669
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY 1HESE PRESENTS: Thal Lincoln Oencrallnsunmcc Company, organized and existing by virtue of the
Laws of the Commonwealth ofPell1IS)Ilvania, does hereby nominate, constitute and llIlllOint
George Jimenez
its 1l'Ue and lawful allomey(s)-in-fact to sign, seal and execute Ibr and on its ~ as surety, bonds, undertakings, and other
obligatory instrumonlS of similar IllllUre in an amounl nol to exceed Three MJIIlon DolIan lS3,OOO,OOO}and to bind il thereby as
fully and to the same extenl as if such iDstruments were signed by . duly authorized officer of the oorpOllllion, and an the acts of
said Attorney, pursuanl to the authority hereby giv.. are hereby rati1icd and confirmed.
RESOL YEn that this Power of Attorney Is granted and I, signed, sealed and notarized with facsinnle signalllres and seals under
authority of the following resolutions adopted by the Board ofDirecton of Lincoln Genel3llnsunmce Company on the 4'" day of
Sep_er, 2002.
RESOL YEn that the President, an Executive or Senior Vice PresideD!, or any Vice President of the .company, together wi1h the
SecretaIy or any Assistanl Secretary are hereby authorized to execute Powers of Attorney appoiDting the person(s) named as
Attomey(s)-in-Faclto date, execute, sign, seal and deliver on behalfofthe Company, fidelity and suretybonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOL YEn FURTIlER that the signatures of the officers making the sppoin1menl, and the signature of any officer certifYing
the validity and CUIl'CIlI status of the appointmen!, msy be facsimiJe represenllIIion of those signatuRs; and the signature :md seal
of any notary, and the seal of the Company, may be facsinnle represenlIlions of those signatures and seaIJ, and such W:simzle
repteSenlalions of those signatures and seals, and such mcsimile represcula!iODS shal1 have the same force and effeot as if
manually atlixed. The JlIcsimile repteSculalions refeITed to herein msy be affixed hy slamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln Genel3llnsurallce Company has caused its to be these pres<:IIlS to
be signed by its duly authorized officers this 4th day~1ioo9l1I.~2002. ',.,..'
~ #\~..~~~~~,
.-~ *~... ."~~
Attest: ../- - & -liff.... RS'oRAr';8~",O\
Gary] ,,(;):(,0 _ .....i'I\'S
. . ~zi 1977 E"~
The COmmDnwealth ofPennsylV1IDl4 'S ,.j' ... : ~ Ii
- 0' (<: - :to ',..-
York County ~ 0". 'l7tsY\.~~"'~....li ~
~""" ~.. $;'
-"~~~, .... ~
On this 4th day of Sep_er, 2002, before u,.,.~....lj;' C. Bhojwani, to me known, who being duly swam, did
depose and say: that be is the Presidenl of the co;;;:lI.... .I..i.lalll)>~ in and which e:xccule!I the above instrument: that he knows
the seal atlixed 10 the Bforesaid insttumenl is such corpo_ seal and was affixed thereto by order and authority of the Board of
Directors of said Company, and that he executed the said instrumenl by like order and authority and the same was his free act and
deed.
The Commonwealth ofPennsylvanis
York County
Notarial Seal
Catherine Moine Loose. NctIIry
Sptjng....."ry Twp.. Yarlt
My Com muon ExxJires June 1
I, Gary Orndorff, Secretary of Lincoln General InsuraJIce Company, . corporation of the Commonwealth of Pennsylvania do
hereby certifY that the above and foregoing is al11ll, 1l'Ue and COlt<Cl copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is stil1 in ful11bree and efI'ect and has not been revoked, and
furthmnore that the Resolution of the Board ofDireclors, set forth in the said Power of Attorney is now in fame.
IN WITNESS WHEREOF. I have hereunto set my band and affixed the seal ofsaid Company, at Yeri<, Pennsylvania, this
13th day of, March 2006 Ml""'U""~II"
-~-:.~~.,!~~lJ ll',,,~~
~/~~.-:. '..
#..::::.."V." RA~ ", ~
"',Yo" n?O 'IIs '.0"
':::'<1: ~ e_~"",'a
=c,.. (j - ""P'S
~z; 1977 ;C'JE
~....' ;O~
;; ,,', ~ - It- :~'"
............ "', N .....~
~~ u;;:,."-NSY1.~to~,,'",4""l
~ I'>......~.............~~
i'.o"". .. r=..~'~
'11/1111'''.......1>>\\,\...
SecretaIy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
CALIFORNIA
) ss.
County of
LOS ANGELES
) ss.
On 3/13/06
Dale
, before me,
S. Philips NOTARY PUBLIC
Name and Title of Officer (e,g.. "Jane Doe, NOTARY PUBLIC"
personally appeared
Georqe Jimenez -
ATTORNEY-iN-FACT
IiZI personally known to me
D proved to me on the basis of satisfactory
evidence
~
1.
'':--.J>:'~''''''f
r
'l':
I,'
o
r
to be the person( s) whose name( s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
[jl Attorney in fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
t~ IY<)'i National Notary Association' 9350 De Sat" Ave, PO. Bo, 2402 . Chalswonh, CA 91313-2402. www,nalionalnotary,org
Prod. No.5907
Reorder: Call Tol1.Frce 1.800.87il.6827
Bond No.: 661116669-W
WARRANTY BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Eil!hty-One Thousand Two Hundred Fifty & 00/100 Dollars, ($81,250.00) for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map
of a Guarantee and Warranty Bond for track #17524, entered into an agreement or
agreements with said Obligee to complete the improvements specified in said agreement or
agreements.
NOW THEREFORE, the condition ofthis obligation is such, that if the above Principal shall
well and truly perform said agreement or agreements during the original term thereof or of any
extension of said term that may be granted by the Obligee with or without notice to the Surety,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006
Spectra Homes, LLC
~
raI Insurance Com an
--...
\
661116669-W
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY 11iESE PRESENTS: ThaI LinCtlln General Insurance Company, orpli%ed and eocisting by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, coostitute and 1IDDOint:
George Jimenez
its true and lawful aIlomey(s}-in-flIct to sign, seal and execute fur and on its behalf, as surety, bonds, undertakings. and other
obligatory instruments of similar nature in an amount not to exeeed Tbne MDlIon DoUan (S3,OOO,OOO}and to bind it thereby as
fully and to the same extent as if such instrumeats were signed by. duly authorized officer of the Ctlrponlion, and aD the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and conlinned.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsinnle signatUreS and seals lDlder
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insur.mce Company 00 the 4'" day of
September, 2002.
RESOLVED that the Presideot, an Executive or Senior Vice President, or any Vice President of the .Company, together with the
Secretsry or any AssistaIlt Secrel3ry are hereby authorized to execute Powers of Attomey appointing the persoo(s) named as
Attomey(s}-in-Fact to dote, execute, sign, seal and deliver 00 bebaIf of the Company, fidelity and surety bonds, undertakings, and
other similar contr.lcts of suretyship, and any related dllcumeots.
RESOLVED FURTIll!R that the signatures of the officers making the ap""...1wall, and the signalllre of any officer certifying
the validity and current status of the appointment, may be facsimiJe represeotadons ofth... signatnres; and the signature and seal
of any notary, and the seal of the Company, may be facsinn1e rcpreseolaIions of those signatures and seals, and such facsinnle
representations of those signatures and seals, and such l'4csimiIe n:preseotations shall have the same lbrce and effect as if
manually affixed. The1llcsimil. representations refeIred to herein may be affixed by .-..pmg. printing, typing, or pholoCtlPYing.
IN WITNESS WHEREOF, LinCtlJn General Insurance Company has caused its COIpO to be these presents to
b. signed by its duly authorized officers this 4th day ~~ 2002. . ,......
~ #'~'..1.:..!~~~~'"
__~ ~ 8t~.-;. -.0 ~
Attest: -,,- - /L ..j",f/ ~ORArq.r,..~...(l\
Gary] d ::",:(,0 _ ...'~S
. ~%[ 1977 ~o~
The ConnnonweaJth ofPennsylvaois S ....: : 0;;;
YnrkCounty % CS"'~#{Sy\'~I.:~,~,,,,,;j
On this 4th day of September, 2002, before ~~~,~~~ Bhojw1mi, to me known, who being duly IlWllllI, did
dcpoae and aay: that he is the President of the . .~I~ flll~ in and wbicb executed the above in.ltrumcnt: that be knows
the seal affixed to the albrcsaid inslIument is such corpo_ seal and was affixed thereto by order and authority of the Board of
DireCtors of said Company; and that he executed the said instrument by likn order and authority and the same was his ftce act and
deed.
The Commonwealth ofPennsylvaois
York County
Notarial Seal
Cattteline Marie Loose. Notary
Sprfngell>l>u/y Twll.. Yarl<
My Commission Expires June 1
I, Gary Orndorff; Secretary of LinCtlIn General Insurance Company, . corporation of the Commonwealth of PonnsyIvania do
hereby certifY that the above and foregoing is a full, lnIe and correct Ctlpy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is stil1 in full force and effect and has not been revoked, and
furthermore that the Rcsolution of the Board of Directors, set forth in the said Power of Attorney is now in Con:..
IN WITNESS WHEREOF. I have hereunto set my band and affixed the seal of said Company, 01 YorIc, Peanaylvania, this
13th dayo! March 2006 ~"If"'!/f"
~~'~..~~~!:J. u,/~,,~
~,l()...' -'. ~
~iJi.., ~RA:rq..,,,.:,,.C\%
g",:,c; - "",~...
~: "977 :OE
"Z'. I :0"
s'6'...~ - ~ .:~~
~ <)'" 't.I.SYl~"", /1>;;
~~"" .....~~
~.,,"?.......... b~#
~./11l '* -~,...
1",,,,,.........11\,,,\""
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On 3/13/06 , before me,
Date
) ss.
) ss.
S. Philips - NOTARY PUBLIC
Name and Title of Officer (e,g" 'Jane Doe, NOTARY PUBLIC"
personally appeared
George Jimenez -
ATTORNEY-iN-FACT
;~ S. PHILIPS
;;;Jf\\ ee".... , llll1Gt19 ~
.;t{?1~~::,:'+:)-;-;"";'I::i~~t;)
..~ .~~A:: i _ , "',N'lfit:8 COl.tWTY 0
.!lit" - \',,,,,,.t'XP.~9.~""
~"':.:::Jt.4_.:.__t
Place Notary Seal Aoove
IiCJ personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person( s) whose name( s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
IiiI Attorney in fact
o Trustee
D Guardian or Conservator
o Other:
Signer is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
~ 1999 Nali(lno] Notary ASSoClatlOl1' 9350 De SUIO Avo.. P,O, Bo~ 2402. Chalswonl1, CA 91313-2402' www.nalionalnoUl.ry.org
Roordcr:Cal1Toll-Frce 1-800-876-6827
Prod, No.5907
Bond No.: 661116670
Initial Premium: $218.00
Premium covers 2 yr. term
Annual renewal premium due
Until bond released
SUBDIVISION FAITHFUL
PERFORMANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company.
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Eil!ht Thousand Seven Hundred & 00/100 Dollars, ($8,700.00) for which payment, well
and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally
firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map
of Monumentation for track #17524, entered into an agreement or agreements with said
Obligee to complete the improvements specified in said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall
well and truly perform said agreement or agreements during the original term thereof or of any
extension of said term that may be granted by the Obligee with or without notice to the Surety,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006
Spectra Homes. LLC
Princr1\ /'
BV:~
Surety: Linc
661116670
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY TIiESE PRESENTS: Thal Lincoln General Insurance Company, orpnized lIIld existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominale, constitute and lIDIlOint
George Jimenez
its true and lawful atlomey(s)-in-fact lD sign, seal and oxecute f'or IDd on ita ~ as surety, bonds, undertakinp, and other
obligatory instrumt:nts of simiIar nalUre in an lIDlQunt not to oxceed Tbne MlIIIoa DolIan (S3,OOO,OOO}lIIld to bind it thorcby as
fully and 10 the same cxteal as if such insttumenl:l were signed by . duly authorized offi= of the corponllion, and all the acl:I of
said Attorney, purswmt to the authority hereby given are hereby tIlified and confirmed.
RESOLVED that this Power of Attorney is gnmled and is signed, sealed and notuized with facsinnle signallltoS lIIld seals lD1dor
authority of the following .....Iutions adopted by the Board ofDircclOls of Lincoln General Insuranee Company on the 4'" day of
September, 2002.
RESOLVED that the Presiden~ an Executive or Senior Vice Ptosiden~ or auy Vice President of the Ollllplllly, together with the
Secrctllry or any Assistant Scctetary are hereby suthorized to oxecute PowetS of Atlomcy appointing the petSOn(s) named as
Atlomcy(s)-in-Fact to date, oxCCUle, sign, seal and deliver on bchaIfofthe Company, fldclity and suretybonds, undert3kings, lIIld
other similar contracts of suretyship, and any related documenl:l.
RESOLVED FURTIlER that the signatures of the officers maIcing the appoin1menl, and the signsturc of any olIieer certifying
the validity and CUIl'CIlt status of the appointmcn~ JDII)' be tilcsimile teplCSlOll3Iion of those signatures; lIIld the signature and seal
ofanynotary,lIIld the seal of the Company, may be W:sim11e teprcSCDIlllion of those signaturcs lIIld sea1s, BIld such lacsirmle
representations of those signatllRS BIld seals, and such fiIcsimile rcprcsentations shall have the same force lIIld effect as if
manually affixed. The facsimile rcprcsentations lCfcrred to bercin JDII)' be affixed by Slllmping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Comp8Ily has caused il:l corpo to be these prcscol:l to
be signed by il:l duly authorized officers this 4th day ~~~ 2002. ,,', '"
~ ~'~'" .INSlJ.:r,~
~ .....h..~~
...~ ~~., "'~"'A
Attest: .-/- - fL ~~""'~ORATE';"\6%
GaryJ. d ::,,:c:,O _ .....\1\:;.
~zi 1977 iC)~
The COIlllDlJnweaJth ofPennsylvanis % ~;.., _ i 0 ~
York County ~ '6... ~-YNsy\' ~~~,'t'.... ~ ~
On this 4th day of September, 2002, before ~l~~~ Bhojwaui, to me known, who being duly SWllDI, did
depose and say: that be is the President of the CoI~r 4.iMI1!>~ in and which execuIed the above iIlStnunent: that he knows
the seal affixed 10 the aforesaid insttument is such cotpa_ sea1l11ld was affixed thereto by order and authority of the lloatd of
Directors of said Company; BIld that he oxecuted the said inslnuncnt by Iikn order and authority BIld the SlIDlC VIlIS his ftee set IDd
deed.
The Commonwealth ofPennsylvanis
Yark County
Notarial SeaJ
Catherine M.rie Loose. Notary
Sprfngettstlury Twp.. Yoc1c.
MyCommlMton Expires June 1
I, Gary Omdortl; Seoretary of Lincoln General Insurance Company, a c:orpotation of the Commonwealth of Pennsylvania do
hereby certify that the above lIIld foregoing is a tw~ true BIld correct copy of Po..... of Attorney issued by said Colllplllly, and of
the whole of the origiaal and that the said Power of Attorney is still in full f'orce lIIld efI'ect lIIld has nol been revoked, lIIld
furthmnore that the Resolutioa of the Board ofDitectors, set f'orth in the said Power of Atlomcy is now in f=
IN WITNESS WHEREOF. J have hcreunlD set myhaod lIIld affixed the seal ofsaid Company, atYorlt, Pennsylvania, this
13th day a!. March 2006 ,,,,,,,,,lInllllllll
- - - ~,~~ tNSLJ III,,,,,,
~'t""'".......... ~
*~" "'.
J'S:..'oPO'AA7t;3e,.....C!\ Scctctary
lff".:r; - ~\\1\!i
~zi 1977 Eo(")~
;:"J,: : .;;
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~ (,.,1'" -""'$Yl'l/r ",'J.u~
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'IJ'11JJ."..._MU\\\\\:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
) ss.
County of LOS ANGELES
On 3/13/06 , before me,
Dale
) ss.
S. Phi liDS - NOTARY PUBLIC
Name and Title of Officer (e,g" "Jane Doe, NOTARY PUBLIC"
personally appeared
George Jimenez -
ATTORNEY-iN-FACT
IllI personally known to me
o proved to me on the basis of satisfactory
evidence
':,-Lf1.,-
, ('~,
"~" :""':~1:~;:'~~:'~~"~
,', :.:.,.'t.,,[J
, -,
( \,..
:
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s} on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
s,:_:,. '\:
WITNESS my hand
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
IXI Attorney in fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
i;" 1999 NaHan,] NOlary Assoclatlon' 9350 De Seto Ave.. P.O. Box 2402. Chat<wonh. CA 91313-2402' www,nalionalootary,org
Prod. No.5907
Reorder: CaJl Toll.Frec 1.800-&76.6&27
From: (626)359-6444
To '305,9422'
Page: 1/1
Date: 3113/200610:17:56 AM
CERTHOlDER COpy
STATE
COMP8NSATJON
INSURANCe:
F=UNO
P.O. BOX 420807, SAN FRANCISCQ,CA 9414;1.-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03-13-2006
GROUP: 000228
POLICY NUMBER: 0032272-2005
CERTIFICATE 10: 7
CERTIFICATE EXPIRES: 10-01-2006
10-01-2005/10-01-2008
SPECTRA HOlES
ATTN: KEVIN Rll8ERTS
517 S MYRTLE AVE
MONROVIA CA 81018-2813
SC
.JOB: ETIWANDA PRll.JECT, SAN BERNARDINO
This is to csrtify that we have issued iI ~lId Workers' Compensation insur.,ce policy in 8 form apprQved by 1f\e
CIIifornia Insuril'lCe Commissioner to the employer nlmed below for the policv period indicated
This policy is not subject to C~c8nation bV the Fund except upon 30 days advance wrItten notice to the employer.
We wlJl also liIive YOlJ 30 days advance (lotlte should this policy be cancelled prior to its normal expiration.
This certificate of insur<<ace is not irI Insurance polley and does not amend, extend or alter the coverage afforded
by the poRcy listed herein. Notwitilstanding any requirement. term or condition of any eontract or other doct.ment
with respect to which this certific.te of lnsurWlce rmy be issued or to which it may pertain. the jr\$UT..ce
afforded by the policy described herein is subject to all the terms. exclusions. and conditions. of such policy.
d::A~~ ~
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 11800 - GARY ROSS FRENCH PRESIDENT - EXCLUDED,
ENooRSEMENT 11600 - TRACI DIANE FRENCH SEC. TRES - EXCLUDED,
ENooRSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-20D5 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPlOYER
GARY FRENCH CONSTRUCTION INC DBA: GARY FRENCH
CDNSTRUCTION INC
174 V FOOTHILL BLVD # 600
MONROVIA CA 91016
<REV.2-051
[B10,scl
PRINTEO 03-13-2006
This fax was sent with GFl FAXmaker fax server. For more information, visit: http://www.gfi.com
SC
Mar .09 06 04:42p
Gar~ French
626 357-6615
p. 1
';()RQ. CERTIFICATE OF LIABILITY INSURANCE t DATE(MUJDf't'Yn)
OZ/U/ZllOli
(62&)359-6&26 FAX 10626) 159-&444 THIS CERnFICAtl; 1& ISSUI!D AS A MATTER ~ INFORMATlOIC
~. Stelling Xnsurance ONLY IlND cONFER5 NO IQGHTS UPON THE cERTIFICATE
434 W. Foothill Blvd. HOLDER. THIS CERTIF~~~ IIO&S NOT ~..~ltTe:~'i'"
ALTER THE C FOIlDCO 8YTH IES. OW.
Mo~rovia. CA 91016
INSURERS AFFOIlDING COVERAGE NAX: .
,....... c.ry .rencn """"COiIstru<:tlO11. .nc. NSUAEI'A: Pro Builders specialty Insuran
114 W. Foothill 11"". 1500 llll!URE" It.
IIonre..da, CA tlOli -"'
~D:
~E:
T14E I'OlICll!S Cll' INS_E UlTI!DlIl!LOW ....~ IEEN IISUID TO _ INSURED ......ED - FOIl THI! POLICY......OO INDICATED. NOTWm<STANDl"
_ REQUIREMENT, TI!Nl OR CONDITION OF _ CONTAACT Oft OTHER DOClJf<<NT WrrH RESPECT TO WHICH THIS ClIm,ICI\TE MAV BE ISSUED OR
NAY PERTAIN. THE INS.-cE AFFORDED BY T14E P<JLICIES IlE_D 14ERElN IS SUBJECT TO AU. - TERMS. ElCCLUSIONS AND CQNl)1T1ONS OF SUC14
PC)UCI!S. _GAT! LMTS _...V ""VI! HEN III!OUCI!D ST plOD CI.AIN8.
_ .-Of_ --- ~~ .... 1.000.Qi
~L"'''''' RESSOO51P 07 !I 2005 07/29 06 __---- I
X COfIMERCW. GENERAL. L'-''''T'Y OMMCR 10 'I'IlEffI'EP , DC
A X ::5-....-..... [!Joe",," __tM,-_' · 1.00;:;
PERIQNAl. ,""'INJURY I
- __TE . 2.000
~n~n~.-rnlP!Jl: Il'RDClUC1'fI-COIIIPJO"AaG . INC' ._1lI
_ICY :DT Lot
~0IlC*L!; UMUTY COIIMINEO SINGLE LIMIT .
~ ,..,"'1f0 ,0-
- ....l OWNEO NJTOI ......y........
l~r..-.) I
I- SCH!DuLED AVI'OS
I- ~DAUTDS IIODLY""-
(<'w- I
- NC)N.OWNED AUTOS
- ............- .
ttWacaurw,
1.~rr AUlQO"ll.v.",ACCIDDfT I
_lW1tl antE" THAN EA ... I
,NJTtJONLY: ..... .
5;IlU....LLAUMLJTY UCHOCCiuWNCE .
OCCUR 0 C;lAlNS rMDE: IWGR'EGoIo.Tl .
.
R CEDUCTmL< .
RETENTION I :Jm~1\U .IO~' .
WOMlYS~ftDN AND
~.'I.CIf8IS' UAIIIJTY
a:;~~TIYE E.L.vDt.-.c:aDENT .
IJ..DllEAa..EA..-LOYE I
~~~~611elaw E.l..DISEASE-POLIC'f'LIlIrT .
OTMO"
C':. ,.GO Of .......- 'UjCAYICIIIII_.nIW:~ .....OYf-.:f"TI...:"t...o;ms of
rt;ficate 1lO1der 15 n-d a. an itional nsur but on y w t respects of tile operations
~~e NaJIId Insured per fa.... ROIOl (02/05/02) ac_nyint.
ract 1"''' Troy IlGlIer'1:S
~ception to days not; ce: 10 days not;.e of .an..llat;OII for non-paYlMllt of p.....i...
II>
..uuutM'tDII ,"eMaWDI!~~ III. c,a--IIPa R'~TItI.
City of San Ie~ardino PPlIUlIfCJIII DAft ,,"CIIlOF. 'nC _ -.uMR MoL IfIDIYWIDII TO....
City Morin;strator / City Hall .J!L,. u1SWlIlTTP NCmC& Ttl,HIi CUTn:A1I HCIUIIIlIIMMU to TMlLSI'T.
~"" A.keroan iIU' FM.UI&1'OUILaucM .mcI8MML~nM:l OIiUGA~OII~
100 North "0" Street ..-E"'-...-""'....-.......
San "rnarllino. CA 9Z41. ..._ :~, ILl ~
CR 5t ._ 1,_
ACORD 25 (2001101) FAll: (_)314-5571 rOROCORPDRAT- ,-
P.l!ll
FEB-28-21!l1!l& 11'20
C.R,Stell ing
, M",. .OSO~_ O~!_43",-__ Gar~ French
FEB-2B-2006 11:21 C.R.5te11in9
626 357-6615
p.2
P.02
ENDORSEMENT
ROl0' v
--
I ENDT. NO. l
8 I
ADDI11DNAL INSURED
rr IS AGREED THAT COVERAGE IS PROVIDED TO THE ADDITIONAl. lNSUREDlS) AS fOllOWS:
1. SECTION II 01' THE POLlCY (WHO IS AN INSURED) IS AMENOED TO INCLUDE AH'i PERSON OR
ORG.IINIZATlON THAT THE IIMIED INIUIIED HAS AGIlE!D IN AN ~ COIITllACT TO NAME I.s AN
AlIOrTlONAl. INSURED PROIIIDED THE _LY 1_ OR PROPl!RTY DAMAGE! OCCURS
SUBSEQUENT TO THE! l!l(E(:lmON OF THE '_D CONTRACT AND THE IIOIlLY INJIaY OR
PROPERTY IM"_ NUSES fRON YOUR WOAIC PERFORMED DURING THE POLICY~.
2. THE APPlICAlllE LIMIT OF THE CCMPANV'S LIABILITY SHALL NOT BE INCl\MSISD BY THE INQ.USIDN
OF AllY NUMllER OF ADDmONAlINSUlU:DS.
3. OTH~ THAN AS ElCPRESSL Y MODIFIED H,,"EIN. COVERAGE! FOR THE ADDITIONAL INSURED IS
GO\/I!RNED BY THE TER~ AND CONDITIONS OF THIS POUCY. INCLUDING THE INSURING
AGl\EEMENTS.
4. THE COVERAGE PROIIIDED FOR THE ADDITIONAl. MURED IS OM. Y TO THE I!XTI!NT THE AlIOrTlONAl.
INSURED IS HS.O UAIlLE FOR THE NEOLIGENCI! OR B1lIICT UMllllTY OF THE NAMED INSURED. NO
COVERAGE IS PAOVlDEO FOR UABIlITY BASED UPON THe ACTS. ERRORS OR OMISSIONS OF THE
ADDmONAl. INSURED.
6. NO COI/ERAGE IS PROVIDED TO AN ADOITIOIW. INSURED I'OR DAMAGI!S BeCAUSE OF 1IODl. Y
INJURY TO AN E/loI'I.OYa OF THE NAMEO INSURED. WtlETHER SUIT IS BROUGtIT OR CI.A1M 18 MAIlE
BY THE EMPI.OYEE OR THE PAIIENT. SPOUSE. CHILD OR SllJUNG OF SUCH EMPuDYEE. OR ANY
ENTITY lIEE1CING _ESIlECAUSE OF INJURY TO SUCH EMPLOYEE.
ALl. OTHER TI!RMlI AND CONDITlllNS Of THIS POLICY REMAIN UNCHANGED
Policy Number I-
RES 5005381 G/lIf( FRENCH CONSTRUCTlO1N.INC.
-
07/2912005
P....uIId... Spl I '1" .........ce C_lf. RRG
A_ ReWIlion_P
~/~
CounIenlgnature '" AaMIOItzed R8pnlS8II-
~ f1/.~
TOT~ P.02
Mar O~ 06 04:41p
FEB-28-2Be6 11:2e
Gar~ French
C.R.Stelling
S26 357-6615
p. I
P.B1
ACORD. CERTIFICATE OF LIABILITY INSURANCE I ::h~~
. I ZllOO
- "26)350-...6 FAX "26))5.-64" THIS CliRnflCATE IS ISSUED AS'" MAnu OF INFORMATION
C. R. Stellintl Insurance ONLy AND COM'eJIS NO IIKiHTS UPON THE CERTFICATE
414 w. Faot:hill .1vd. NOLDER. TH. CERTIFICATE DOES NOT AlIENO, exrsr.o OR
AlTER THI COVERAGe
Mon...ovia. CA tl016
INSURERS AFFORDING COVERABE NAIC .
~ Wiry ~rencn UHlnructlCl11. Inc. IN!luAERA: Pro lun....s falty Insur...
174 W. foothill Blvd. .SOCl lNSUR9II1t
Nonl"OVia. CA 1101& INlUMRC:
_0.
ff$UREI'IE:
THE POUCIR Of ~l UllIO 1ILOW.....\If. BeN dI1A!D TO 1M! IHSUII!O NAM!DAIOVI. FOIIt THE POlICY PeRlODNJt('.AlBJ. NOTWITH&T"NDiNI
IH'f REaUJfWIDlT. TPMOR COfGTlCN OF AH'f CClN'JMCT OROTHIR DDC:lJMEfff wmt 1lIE5PIECT TO WHIC" THIS ~lCAtt fMV IE IISU!D OR
fllAV JlERfNN, THE 1N$URANCl" AI'fORDED8V THE POLICIES DESCRBED HE~" fS SUBJECT TO AU. THE TERMS. EXQ.ustONS AND CONDITIONS OF SUCH
POuCB. ~GAT&uwraSHOwN"""""V! 88NR!OUCBlB'f F"MJCUUM$.
Il'Il'l!lIIIl n_OF~ ~....... ..... .
~....... ..ssaann .7IB/Zaos .7/2'/2006 -~ .
..!.~GEflElW.LNl.I1'Y .
_ "'-""'-0"""'" MRIDJ1lMr_......, .
. I POIONIol.&NNN,IURY . 1 aaa.-
............... . Z ODD Gal
~~n~lI~nL~: PIOM:'f..~.wc; . IlIIClIIIl
POl.IC:'l' ~ LO~
~~L~ COMlllN~DalNGl.eu,.,. .
_,IItI"NJftI ,..-
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5OtfDlM.EDI'UTOS r..........J
- -~ -.-
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fIlON.OWHfD MkTOS
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....- .
~E u.UTY o\UTOON\.'l'.PACCIIXNT .
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RfTiNTION . .
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._.-un l!.L MOl ACCDOff .
===-~NE u,~.1A1IR.O .
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.....
~aJQflHAf:,up:a"~Ln'~lWIIUf'l'f--'~~r f h i of
ert,ficate Hal r,." as .n tiani nsured but an ., .,t respects at. ope...t ons
he NBlIled Insurecl per fo... 10101 (01/05/al) .cc.....n.,ing.
reet 16." Tl"O~ IkIberts
lxc.tion to days aotice: 10 days notice af cancellation for non-pa,.ent of '....i_.
T
--'lII"'DI'__~..au::__c:...ceu.mIlr.I'Ol'lITMt!
~""lMft~. 'fMI..........IIEIt-.&. .......TOIIWL
..JLDA\'S~"IIIOTICI:TC'fttI!C~"'tIOLDIA_TO"'LaPT,
.,-rF.IIUJIIa TOIIM...CMMDnCE...... ~1IOu.ua.&""_ LIIIoBIU'I''l'
01' Nf'I"'~OIlITMlI~"'MiUTI ClfIRPfl_..,.aflllS
..-
t
ORD CORPORA-noN 19111
City of San Beraardino
City Adlrinistrator / City Hall
..,;ka AC.........
Joo North "0" Street
San ......rdino. CA 12:41'
AC0R025C2D011DI) FAX: (t09)JM-5571