HomeMy WebLinkAbout2006-249
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RESOLUTION NO.'2006-249
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) LOCATED ON THE WEST SIDE
OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE
DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND AMERICAN
HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE SPECIFIED
AND APPROVING AMENDMENT NO.1 TO STANDARD FORM OF AGREEMENT
FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND
TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) WITH UNIVERSITY
PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299, DATED,
SEPTEMBER 6, 2005.
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005, approving
two Standard Forms of Agreement with University Park, LLC for Subdivision Tract No.
16509-4 (Unit4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105)
with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except
that it will retain responsibility for improvements in the Landscape Maintenance District, and
WHEREAS, Richmond American Homes of California, Inc. has agree to execute a
substitute Standard Form of Agreement for said subdivisions and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement
that University Park, LLC retain responsibility for improvements in the Landscape
Maintenance District.
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RESOLUTION ..... APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) .... WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED AND APPROVING AMENDMENT NO. 1 TO STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74
THROUGH 90) AND TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)
WITH UNIVERSITY PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299,
DATED, SEPTEMBER 6,2005.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Richmond American Homes of California, Inc., for improvements in Tract No. 16509-4 (lots
74 through 90) and Tract No. 16509-5 (lots 91 through 105) as are required by Title 19 of
the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. 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 2. The Mayor is also authorized to execute Amendment No. 1 to the
Standard Form of Agreement for Subdivision Tract No. 16509-4 and Tract No. 16509-5 as
approved by Resolution No. 2005-299 dated September 6, 2005, with University Park, LLC,
attached and incorporated herein as Exhibits A and B, respectively.
SECTION 3. This Resolution is rescinded, if the parties to the agreements fail to
execute them within sixty (60) days of the passage of this Resolution.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
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RESOLUTION ..... APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) .... WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED AND APPROVING AMENDMENT NO. 1 TO STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74
THROUGH 90) AND TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)
WITH UNIVERSITY PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299,
DATED, SEPTEMBER 6, 2005.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Conunon Council of the City of San Bernardino at a regular meeting thereof, held on
the 10th day of July
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
MC GINNIS
--X-
DERRY
--X-
KELLEY
x
JOHNSON
--X-
MC CAMMACK
x
-~k.~
Rache Clark, City Clerk
The foregoing resolution is hereby approved this I JJ-^-, day of July
.
2006.
Morris,
Approved as to Form:
JAMES F. PENMAN,
City Attorney
B~/MAd ~,~
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.
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this 10th day of
July, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Richmond American Homes of California,
Inc., hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-4 (lots 74 through 90); 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, and 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. Utility 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
superihtendence 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 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 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 improvements and acts to be performed as security for the faithfhl
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 (1) 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~pproval ofthe City Engineer and the City Attorney.
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II. Subdivider's Insurance. Subdivider shall not conunence 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 emplbyees 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 Property 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
contractQr or subcontractor, and the amounts of such insurance shall be as
follows:
(I) 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 ($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 II 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 Iniury - 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, attorney' s/legal fees, and all other expenses incurred by the City arising in favor on 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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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer .or the City or to enlarge in any way the Subdivider'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 subdivisiop. 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 Surety 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 it the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
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:
Richmond American Homes of California, Inc.
1305 Corona Pointe Court
Corona, California 92879
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Hartford Fire Insurance Company
c/o C & D Bonding Insurance Attn: Kelly A. Jacobs, Attorney-in-Fact
1800 Lambert Road, Suite 210
Brea, CA 92821
Phone: (7]4) 256-0691
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.
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
II
II
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AGREEMENT
(Subdivision Improvements Tract 16509-4)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
()~ /:J. ~
~
Approved as to form:
JAMES F. PENMAN,
City Attorney,
~
CITY OF SAN BERNARDINO
BY~~
trick . Morris, M~
City of San Bernardino
SUBDIVIDER:
Richmond American Homes of California,
Inc. C' D.....Jl~ _ _
BY:~J
By:
13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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On ~U ly 22 I 7.a1.iL,
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Name(s) of Signer(s)
~ RRtNA E. FLORES
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NoIary PublIc - CaIIfomla
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My Comm. ExpIres Sep 30.
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o plvv~d lv III'=' VII d~e oasIs or sammu";lulY t;lVlueuce
to be the person(~ whose name(siisla;l subscribed
to the within instrtment and ack~~ledged '9- me that
he/she/they execute~he same in S' I er/tP6
authorized capacity(i ,and that by . er/lI16ir
signature(!lj"'on the i strument the pers n~ or the
entity upon behalf of which the person\1'? acted,
executed the instrument.
WITNESS my hand and official seal.
~
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and could prevent fraudulent removal and reattachment of this form to another document. \-S ~l6-qCC1OlL
Description of Attache D cu ent
Title or Type of Document:
Document Date: ~I04J
,
Place Notary Seal Above
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHUM8PRINT
OF SIGNER
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~==~=,..,..~~~=~~......,.~~~
@2004National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-876-6827
'.
-
Hartford Fire Insurance Company
Faithful Performance
Rider to be attached to and form a part of Bond Number 83BSBDQ7343 on behalf of
Richmond American Homes of California, Inc. (Principal), and in favor of
City of San Bernardino (Obligee), executed by the Company
indicated above (Surety) in the amount of Five Hundred Thirty Thousand and 00/100 Dollars
($530,000.00) effective March 16, 2006.
The Principal and the Surety hereby consent to changing the said bond amount as follows:
This Bond Shall Be Decreased To: One Hundred Thirty Three Thousand Three Hundred
Seventy and 00/100 Dollars ($133,370.00) effective April 4, 2006.
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other
than as above stated.
Signed, Sealed and Dated this April 20, 2006.
Richmond American Homes of
California, Inc.
Principal
Hartford Fire Insurance Company
Surety
BYVltcin(V~f)
lv.ectvr 1 ttam 14~
B:
J
. '.'
.
Bond No. 83BSBDQ7343
FAITHFUL PERFORMANCE
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated , and identified as University Park, Tract
16509-4, (Lots 74-90), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called
"Obligee"), in the penal sum of Five Hundred Thirty Thousand and 00/100ths Dollars
($530,000.00), lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
, The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his Or their part, to be kept
and performed at the time and in tlle 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 stipulated, then tIris obligation shaH become null and void; otherwise it
shall be and remain in full force and effect.
As a part oftbe obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as
costs and included in any judgmell.t rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named, on March !Q, 2006.
(Principal)
(Surety)
Richmond AlneIican Homes of
California, Inc.
Hartford Fire Insurance Company
B'~~
Title: L r. g <:../
ATTACB:NOTARY ACKNOWLEDGEMENT
ATTACH POWER. OF ATTORNEY
LOCAL SURETY AGENT:
C & D BONDING INSURANCE
tWo LAMRERT ROAD. -SUITE.'2lQ
BREA. CA 92821
(714 ) 256 - 0691
(University Pl1rk- TK44Ped)
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~=>.=
-~::~====.
personally
appeared
State of California
County of~~6e
On fur, 2-D,7 F'd.p, before
Date'
1.- - - - :=:~::9-t
I NaIary PutlIIc - CaIIIomla s:
_CounIy -
- - - ~:"':"':..~-~~~
~erSOnallY known to me
o proved to me o~ the basis of sa~!llclory evidence
to be the personJ<'l) whose name~ .is/~ subscribed
to the within instrument and acknowledged ~ me tl)at
he/she/they executed the same in ~jhet/.tf\~r
authorized ppacity~, and that by jtf'slherl.llfeir
signature\1l on the instrument the person~ or the
entity upon behalf of which the person~ acted,
executed the instrument.
Place Notary Seal Above
hand and official seal.
. nature NolaryPublic
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 8f}d reattachment o~t'Ll form to another document.
~~:~~i~:~~no~~:C~~~~~d~f~~\ ~~~-~ %- gc~Qr~3
Document Date: lda.rcb.-1f /J J 2E1:i.J; Number of Pages: -J
Signer(s) Other Than Named Above:
f0/A:
r
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~ _.~,.,.,.~'V--v.
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-80(}.876-6827
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of Califomia,
Inc.. a Colorado corporation (the .Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the Board .of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of May 27,2005, and that such resolutions are in full force and effect
as of the date of this Certificate of Resolution:
RESOLVED, that Shelly L. Lowe, Project Manager-Land of the
Company's Inland Empire Division, is authorized herebY to enter into and
execute and deliver, on behalf of the Company, any and all project management
documents, homeowner association and Department of Real Estate documents,
city entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, Il'lC., a Colorado corporation
.,
., ~
J sepij'H. Fretz, Secretary
Executed at Denver, Colorado this jY- day of June, 2005.
r
l
,
G:\Mlnutes-2005\RAH-A1~RAHCA.052705ACT.doc
,
,
"
r'
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:IMinutes-2005IRAH-AlllRAHCA011205.ACT.doc
1
.
"
r_."
FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By:
Jose1~retary
Executed at Denver, Colorado this
1....
l Lf"CIay of January; 2005.
G:\Minutes-2005\RAH-AIlIRAHCA.011205.ACT.doc
2
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-R~~iAi'iIllKiR'--- -._.~.~.~. .=>.========~
State of California
County Of~I\fer'E)\-k
On ~{i~ ~\rzeo(p,
before
me,
}ss.
Qo ,l'f\o. G:.~S;/ ~~\.o\~
Name and Trtle of Officer (d ~ane Doe, Nota P Ii
~ l-\-f'G I'C
Name(s) of Signer(s)
personally
appeared
J<f personally known to me
- - - - - ! ~~.Ram- - ~
1(1 c:........ .# 161011' I
\ NlIIary NIle . c-.... J
Mrc:...;~',~~.~
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D pr.9"99 te me SR the Basis 9f satisfaz.lO" eyid~nce
to be the person~ whose name)ll(isjaresubscribed
to ~ withinjPstrument and acknowledged to me that
p.er.she/t~ executed Jhe same in ~er/tJ;tlfl(
authorize~pacity~, and that by ~er~
signature on the instrument the perso~, r the
entity u on behalf of which the person acted,
executed the instrument.
WITNES~d and official seal.
-:-~'~bl" --...
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 doc ent. <l36sf3.M..... 1-'343
Description of Attached ocu t ,
Title or Type of Document: ~
Place Notary Seal Above
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~ _.~~~~~ ~~~~~~~=y~y~y~y~ ~~
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
,
Hartford Fire Insurance Company
Labor and Materials
Rider to be attached to and form a part of Bond Number 83BSBDQ7343 on behalf of
Richmond American Homes of California, Inc. (Principal), and in favor of
City of San Bernardino (Obligee), executed by the Company
indicated above (Surety) in the amount of Two Hundred Sixty Five Thousand and 00/100
Dollars ($265.000.00) effective March 16, 2006.
The Principal and the Surety hereby consent to changing the said bond amount as follows:
This Bond Shall Be Decreased To: Sixty Six Thousand Four Hundred Sixty Four and
00/100 Dollars ($66,464.00) effective April 4, 2006.
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other
than as above stated.
Signed, Sealed and Dated this April 20, 2006.
Richmond American Homes of
California, Inc.
Principal
Hartford Fire Insurance Company
Surety
By: Wcr~cv ~aO
"Dtrec-~r 1 f'fClNlI1;"Q
.'
State of Illinois}
} ss.
County of Dupage }
On April 20. 2006, before me, Heather A. Beck, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
Jennifer J. McComb known to me to be Attorney-in-Fact of
Hartford Fire Insurance Company the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf ofthe said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires February 5. 2008
OFFICIAL SEAL
HEATHER A BECK
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:02lO5l\l8
~attrlRlO&dG
Heather A. Beck, Notary Public
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 83-550208
CD Hartford Fire Insurance Company, a corporation duly organized under the laws afthe State of Connecticut
CD Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[[] Hartford Accident and Indemnity Company I a corporation duly organized under the laws of the State of Connecticut
D Hartford UndelWriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company,. a corporation duly organized under the laws of the State of Indiana
[[] Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Westmont, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) oniy as
delineated above by [gJ, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
()wvJ'?~
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55, Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
@
-Oc:tOr?e
Scott E. Paseka
Notary Public
My Commission Expires October 31, 2007
CERTlACATE
i, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 20, 2006.
Signed and sealed at the City of Hartford.
<Ie
fPffJt;{t-
PQA 2005
Gary W. Stumper, Assistant Vice President
'.
.
Bond No. 83BSBDQ7343
LABOR AND MATll:RlALS
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated and identified as University Park, Tract 16509-4, (Lots
74-90), is hereby referred to and made a part hereof; and
WHEREAS, IUlder the terms of said agreement, Principal is required before entering
upon the performance of the work, to fUll: a good and sufficient payment bond with the City of
San Bernardino (hereinafter designated as "Obligee"), to secure the claims to which reference is
made in Title 15 (commencing with Section 3082) ofpart 4 of Division 3 of the Civil Code of
the State of California.
NOW, THEREFORE, said Principal and the IUldersigned as corporate surety, are held
fumly bOlUld IUlto tlle Obligee and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Code of Civil Procedure in the swn of Two HlUldred Sixty Five Thousand and
OO/IOOths Dollars ($265,000.00), for materials furnished or labor thereon of any kind, or for
amolUlts due lUlder the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amolUlt not exceeding the amolUlt hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amolUlt thereof, costs
and reasonable expenses aud fees, including reasonable attorney's fees, incurred by Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered,
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims IUlder Title 15 (commencing
with Section 3082) ofPart 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such Challge,
extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named. on March~, 2006,
(Principal)
Richmond American Homes of
California, Inc.
(Surety)
Hartford Fire Insurance Company
~r.~--&'':'' ~ ^~
ATTAcaNOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
LOCAL SURETY AGENT:
C & D BONDING INSURANCE
1800 LAMBERT ROAD, SUITE 210
BREA. CA 92821
(714 )256 - 0691
1 Tn;l'....';,..,'P....."_'T'VIl_' kl-1I.1l
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
=:.. ;;::,. :-: - "~~~~~.~-~.~
- ~ _.~.~.~.~.~.~.~.~.~.~.~.~ ~= '"'" ~.~
State of California
County o~
On \ WllIl'\" 7f\ 7rrl "
~'
c
personally
appeared
~sonally known to me
'@- :.=~:- J
! Notary Public - CalIIomIa f
f """"- County -
_ _ _ ~:~m:.~_~~2~
o proved to me on the basis of s~ti fact9ry evidence
to be the person(s) whose name is/\ilfe subscribed
to the within instrument and ackn wledged to me that
~she/th,f executed Jhe same in I)i57her/~
authorized 9-pacity~, and that by ~her/llleir
signature(jlf on the instrument the person;p(sXor the
entity upon behalf of which the person~ acted,
executed the instrument.
Place Notary Seal Above
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 t'1 another document. _ I
Description of Attached Document ~.' I.(cL i tr -<-:/ '1.-, J 13
Title or Type of Document: 1.L\V::frY Cl Y"'I6 ~r\C-' \ ~ - ~ <60~t;)QTV-f
Document Date: J..\{l.V'P..Vt llt (2Cx:LIl
Number of Pages:
(
Signer(s) Other Than Named Above:
0(..R
t
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~-,.~
<D 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
"
State of Illinois}
} ss,
County of Dupage }
On March 16. 2006, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Jennifer J. McComb known to me to be Attorney-in-Fact of
Hartford Fire Insurance Companv the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
~~im~JOO' 26 2006
lLltJi 0 (I t ~16
Tariese M. Pisciotto, Notary Public
OfflclolSeaI
Tariese M Pisciotta
Notary Public State of Illinois ~
My Commission Expires 06/26/06
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[!:=J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[!:=J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company. a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
~ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State ofJllinois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Westmonf, IL
their true and lawful Attorney(s)-in.Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) oniy as
delineated above by 181, and to execute, seal and aCknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
~-- ....... ~
. ,_~~ . . ...:.:::t,::.:~\~ If;;.!:.. ..
=.,.-~' . ,. .j 118:'1 '=: \",;; *
. -~ . .. "'\"""""/' .. 'n' f
'G." , ~ 0:.'. .' ~ \.... '.f.
1\." . lU ' . ';;.o.:;;,.~~,,\ ""(t'IOI""
POWER OF A 1~rrORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
f ~o 0{
~
()~ I~'
Paul A. Bergenholtz, Assistant Secretary
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 83-550208
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNlY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
~c:tr!'./ g
ScoUE. Paseka
Notary Public
CERTIFICATE My Commission Expires October 3 1,2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 16, 2006.
Signed and sealed at the City of Hartford.
@:ty~ - A
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(<[-~) 1#'--- r .
POA 2005
Gary W. Stumper, Assistant Vice President
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of Califomia,
Inc., a Colorado corporation (the .Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the Board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of May 27,2005, and that such resolutions are in full force and effect
as of the date of this Certificate of Resolution:
RESOLVED, that Shelly L. Lowe, Project Manager-Land of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all project management
documents, homeowner association and Department of Real Estate documents,
city entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
l
By: ~l.l,k
J se~retz~secretary
Executed at Denver, Colorado this .1Y day of June, 2005.
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G:\Minules-2005\RAH-AlfiRAHCA.052705ACT.doc
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CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:IMlnutes-2005IRAH-A1IIRAHCA.011205.ACT.doc
1
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FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By:
Jose1~~retary
Executed at Denver, Colorado this
1....
l tt--aay of January; 2005.
G:\Minutes-2005\RAH-AlllRAHCA.011205.ACT.doc
2
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
11
'"""',.,.. _~_~~~~~~.~.~.~.~.~.~A~A~ == _ =>. =>. =>. =>. =- =- =>. _:"~
State of California
County of 2NJoJStd.o
on~,
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before
me,
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Name(s) of Signer(s)
c:::
personally
appeared
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to be the persolli8rWhose namel811~e subscribed
to the within irrStr~inent and aCkno~ledged to me that
I:lfdshe/t~executed the same in- ~/her/~
c'a~tho~ized C< paci~ and that t(y ~ertmeir
signatur on the instrument the perso~r the
entity upon behalf of which the pers~ acted,
executed the instrument.
Place Notary Seal Above
d and official seal.
Signal ublic
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 ano~ ~~Dq 'f3..t3
Description of Attache<! P2cll'1'1nt.l 1 -l _, \,("V'\ _ .I ~ /' \ \
TitleorTypeofDocument:~i"'I.:l(O ~C;. \....l~'>'(E?'I~ \Q\L.,
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THurv1SPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~ ~~~~~~
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
.
,
Bond No. 83BSBDQ7344
MONUMENT BOND
WHEREAS, Riclunond American Homes ofCalifomia, Inc., as Principal, desires to
record a final map for the development idelltified as: . University Park, Tract 16509-4, (Lots
74-90).
WHEREAS, pursuant to Article 9, Chapter 1, Division 2, SUBDIVISION, of the
Government Code of the State of California, the interior monuments shown on said final map
need not be set at the time the map is recorded and said Principal wishes to have the interior
monuments set after the time the map is recorded. Said Principal agrees to furnish a security
guaranteeing the cost of setting such monuments.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, lIS
Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in
the sum ofFive Thousand One Hundred and OO/lOOths Dollars ($5,100.00), lawful money of
the United States, for the payment whereof, well and truly to be made, said Principal and
Surety bind themselves, their heirs, administrators. successors and assigns, jointly and
severally, flJlllly by these presents.
THE CONDITION OF THE OB.LIGATION IS SUCH THAT: if the monuments
are set on or before , and the engineer or surveyor setting the final monuments
shall have been paid, then this obligation shall become null and void. Otherwise it shall be
and remain in full force and effect. '
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, if any. incurred by Obligee in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or to the work to be performed thereunder of the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument hIlS been duly executed by the Principal
and Surety above named, on March lE. 2006.
(principal) (Surety)
Riclunond American Homes of
California, Inc,
Hartford Fire Insurance Company
BY~X ~
Title: 'IY\ n;;> 't' ,/
~ v
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH PO'WER OF A'ITORNEY
LOCAL SURETY AGENT:
C & D BONDING INSURANCE
1800 LAMBERT ROAD. SUITE 210
BREA. CA 92821
(714) 256.0691
(university park-tk4-monument)
State of Illinois}
} ss.
County of Dupage }
On March 16. 2006, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Jennifer J. McComb known to me to be Attorney-in-Fact of
Hartford Fire Insurance Comoanv the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
OfficiatSeaI
Tariese M Pisciotto
Notary Public State of Illinois
My Commission Expires 06/26/06
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 83-550208
KNOW ALL PERSONS BY THESE PRESENTS THAT:
[K] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[K] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[[] Hartford Accident and Indemnity Company, a corporation duly organized under the laws oftbe State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws afthe State of Indiana
[[] Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State ofJ1linois
D Hartford Insurance Company of the Midwest, a corporation duly organi;"ed under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinalter collectively referred to as the .Companies") do hereby make, constitute and appoint.
up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Westmont, IL
their true and lawful Attorney(s}-in-Fact, each in their separate capacity if more than one is named above, to sign Its name as surety(ies) only as
delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and Its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
(I)
Ot.~
()~ I~
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE 0 F CON N ECTICUT }
55. Hartford
COUNlY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
h~<I../ g
CERTIFICATE
ScottE. Paseka
Notary Public
My Commission Expires October 31,2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is stil! in fuil force effective as of March 16, 2006.
Signed and sealed at the City of Hartford.
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Gary w. Stumper, Assistant Vice President
POA2005
1U"11)fi
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-~e:!~
-----~-~~.~.~.~.~.~.~ ~
State of California
County of K\ vQX$lde_
On ~Y1Da~Jza.{o before
personally
appeared
J@' :.=~;"' I
j NoIary PublIc - CaIIIomia f
-county -
_ _ _ ~:~:.Ex~_~~~
Place Notary Seal Above
c:::s<:tersOnallY known to me
o proved to me on the basis of sa;sfact~ evidence
to be the personJl>fwhose namejS) isl~ subscribed
to the within instrument and acknowledged to me tlJil.t
~shelth'y executed ,-the same in %~ertll\'EJ.ir
authorized capacity~), and that by ~~er/ll1'eir
signature,l4 on the instrument the person~, or the
entity upon behalf of which the person(.9( acted,
executed the instrument.
WITNESS Y hand and official seal.
eofNotaryP blic
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 a~attachment of this form to another document.
Description of Attached o..oGument ~ 'g'2;,"B'2:>f:,tQE4L.\ \'./C"uQ I I
Title or Type of Document: ----.t::I01'\OMCIJI \- 1:::Jc:(' \..'){yl<2vrt - \ '(Of ~ ~~.Tl-'4
Document Date: \-t).'(c.\n .~ 2CJ:)~ Number of Pages: \
Signer(s) Other Than Named Above: \0IA
RIGHT THUMBPRINT
OF SIGNER
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
~ ;7 ~~,.,."._.~ ~~~~~~~~~~~.~.-~"
@2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of Califomla,
Inc., a Colorado corporation (the .Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the Board .of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of May 27,2005, and that such resolutions are in full force and effect
as of the date of this Certificate of Resolution:
RESOLVED, that Shelly L. Lowe, Project Manager-Land of the
Company's Inland Empire Division, is authorized herebY to enter into and
execute and deliver, on behalf of the Company, any and all project management
documents, homeowner association and Department of Real Estate documents,
city entitlement applications and penn Its, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By: ~l/,k
J e~retz:Secretary
Executed at Denver, Colorado this ---J.f::- day of June, 2005.
r
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G:lMlnu_2005\RAH-AI~RAHCA.052705ACT.doc
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2006-249
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-4)
THIS AMENDMENT NO. I TO AGREEMENT is made and entered into as of this
10th day of Julv , 2006, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter referred to as "City," and UNIVERSITY PARK, LLC,
hereinafter referred to as "Subdivider."
RECITALS
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005,
approving a Standard Form of Agreement with University Park, LLC for Subdivision Tract
No. 16509-4 (Unit 4 - Lots 74 through 90) with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except
that it will retain responsibility for improvements in the Landscape Maintenance District,
and
WHEREAS, Richmond American Homes of California, Inc. has agreed to execute a
substitute Standard Form of Agreement for said subdivision and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement
that University Park, LLC retain responsibility for improvements in the Landscape
Maintenance District.
WHEREAS, Subdivider requested approval of the map prior 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
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2006-249
of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
NOW THEREFORE, Section 1 "Performance of Work" is hereby amended to
read as follows:
I. 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, all improvements in
the Landscape Maintenance District in accordance with the Plans and Specifications on file as
hereinbefore specified, and with any changes required or ordered by said Engineer which, in
his opinion, are necessary or required to complete the work.
2. All other terms and conditions ofthe original Agreement for Subdivision Tract
No. 16509-4 shall remain unchanged.
III
III
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2006-249
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-4)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~~1~~.WAJL
City rk
Approved as to form:
JAMES F. PENMAN,
City Attorney,
CITY OF SAN BERNARDINO
SUBDIVIDER:
Watson ssociates, Inc.
By:
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
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
(i\ ) ss.
COUNTY OF V ro \1(\ Dt- )
On this 2- s.n day of , 20~, before me, the
undersigned, Notary Public in and fI r said Co ty and State, personally appeared
crY1
personally mow to me (or proved to me on the basis of satisfactory evidence) to be the
_____ Presiden
ffit (V.L prey/ea tQ Al8
gg t.Re Basis sf satiJfllGtary e . id~.h""\") LV bt: 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 Directors.
WITNESS my hand and official seal.
@ Cl.. -. ..I4ft"I
'-Y NIID . {"mllanlla
c.g. CIlllInIW
_Calla ,_26,
(This area for official seal.)
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this 10th day of
July , 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Richmond American Homes of California,
Inc" hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-5 (Unit 5 - Lots 91 through 105); 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, and 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. Utility 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 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 improvements 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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11. 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 InsurancelEmplover'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 PropertY 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:
(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 ($1,000,000.00) 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 II 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 Iniury - 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)lDeveloper(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/Iegal fees, and all other expenses incurred by the City arising in favor on 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. SubdividerlDeveloper
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the SubdividerlDeveloper 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, or 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
SubdividerlDeveloper or the City or to enlarge in any way the Subdivider'slDeveloper'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.
IS. 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 InsDection. 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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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:
Richmond American Homes of California, Inc.
1305 Corona Pointe Court
Corona, California 92879
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Hartford Fire Insurance Company
c/o C & D Bonding Insurance Attn: Kelly A. Jacobs, Attorney-in-Fact
1800 Lambert Road, Suite 210
Brea, CA 92821
Phone: (714) 256-0691
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.
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
II
II
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AGREEMENT
(Subdivision Improvements - Tract No. 16509-5)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
Q~1.Lt h. ~~
City k
CITY OF SAN BERNARDINO
Approved as to form :
SUBDIVIDER:
Richmond American Homes of California,
Inc.
JAMES F. PENMAN,
City Attorney,
BY:~~C~ ~
By:
13
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County Of':J<:, UO~
On
before me,
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Data
personally
appeared
(s)of Slgner(s)
lii- :=:=:.- J
NoIary PublIc - CoIIfomIa f
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SS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below ;5 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 Attach~obd[U~ ~ -T" 1- r
litle or Type of Document.) JOn <fiV\(XOI('fVWJM f?fNY\oft \[0{ \lD'5t::A-":J
Document Dat""- \1 \, \~_YD ) ?.cr.:l. 0 . Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - lille(s):
o Partner - 0 Limited 0 Generai
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~...,._!i;i >=<V~~~ ~~ _~8'Q_ ,,~~
02004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876.6827
.
, .
~ond No. 83BSBD07352
FAITHFUL PERFORMANCE
,
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated ' and identified as University Park, Tract
16509-5, (Lots 91-105), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called
"Obligee"), in the penal sum of Two Hundred Eighty Four Thousand and OO/lOOths Dollars
($284,000.00), lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition ofthis obligation is such that ifthe above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless Obligee, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named, on April 20th, 2006.
(Principal)
Richmond American Homes of
California, Inc.
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
(Univen;ity Park-TKS-Perf.DOC)
(Surety)
Hartford Fire Insurance Company
LOCAL SURETY AGENT:
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea. CA 92821
( 714) 256-0691
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~:i
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State of California
County of 1\', V~td...Q-
On ~I\ Z.~7~ before
Date
personally
appeared
-----~=----J
SERINA. E. FLORES
Jfj Corr.._.#16101l9 li
, -., I'\I:JIIc - California ~
- - - ~~::;.~~
~perSOnallY known to me
o proved to me~hP hasis of saJi$facto.w evidence
to be the perso whose narpe(s) isLart3 subscribed
to !,tie within instrument and aCknOWledg~t me ti).at
)6Ishe/ll'l'llY executed the same in . /herJ!f1~
authorized capaci~ and that b ~ertmeir
signature~n the Instrument the perso~ or the
entity upon behalf of which the person,{6) acted,
executed the instrument.
WITNESS my
and official seal.
Place Notary Seal Above
Signature 0 lie
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 DO~~\ ~~ 'P1:>.cd
litle or Type of Document: .f"t:\. ,\ " (Vn Ylf'D
.U=~~l-'d5~
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~ ~_.
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call ToU.Free 1-800-876-6827
.-'
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:\Minutes-2005IRAH-AlIlRAHCA.011205.ACT.doc
1
r._""
"
FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By:
Jose1~retary
Executed at Denver, Colorado this
1'"
l Lf--aay of January; 2005.
G:\Minutes-2005\RAH-AII\RAHCA.011205.ACT.doc
2
" '. Bond No. 83BSBD07352
LABOR AND MATERIALS
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated and identified as University Park, Tract 16509-5, (Lots
91-105), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
San Bernardino (hereinafter designated as "Obligee"), to secure the claims to which reference is
made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Code of Civil Procedure in the sum of One Hundred Forty Two Thousand and
OO/IOOths Dollars ($142,000.00), for materials 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 amount hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named, on ApriI20~1t006.
(Principal)
Richmond American Homes of
California, Inc.
By:
Title:
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
T,...;"",..~;h' p.,..lr_,V"_I 1<.,( nor
(Surety)
Hartford Fire Insurance Company
LOCAL SURETY AGENT:
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea. CA 92821
( 714) 256-0691
State of Illinois}
} ss.
County of Dupage }
On April 20. 2006, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Jennifer J. McComb known to me to be Attorney-in-Fact of
Hartford Fire Insurance Companv the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
J O>mm".,. Eo "" J~, 26, 2006
Tariese M. Pisciotto, Notary Public
Official Seal
Tariese M Pisciotto
Notary Public State of Illinois
My Commission Expires 06/26/06
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 83-550208
[[] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State ofConnecticllt
CD Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[[] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
o Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
[[] Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State ofI11inois
o Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
o Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies"') do hereby make, constitute and appoint,
up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Westmont, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 181, and to execute, seai and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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POWER OF ATTORNEY
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Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
@
L)~-Eg
CERTlACATE
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 20, 2006.
Signed and sealed at the City of Hartford.
Scott E. Paseka
Notary Public
My Commission Expires October 31, 2007
ff~(I
Gary W. Stumper, Assistant Vice President
POA2005
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- R~
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State of California
County of ~'tJ\.e
On ~\\ \ ~y;zo.::w before me,
} ss.
personally
appeared
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- NoICIIY P\dC . call1OmlD ~
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X2 personally known to me
o tisfact9'Y evidence
to be the perso whose na (s) is/lIfe subscribed
to the withiryn rument and acknowledged to me th~
pefshe/t~ executed the same in ~/her/tr1~
authorized capaci~ and that by~e):ltlfeir
signatureu) on the instrument the perso~or the
entity uP~~ behalf of which the pers~ acted,
executed the instrument.
Place Notary Seal Above
nd official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Hle(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
TOp of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
[~~~ ~ r:::: r:::: c..:: ~ c..:. c..:: _.~~~~~ """ _.~~~~ ~ -~
e 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
.-'
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of bUilding
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:IMinutes.2005IRAH.AlllRAHCA.011205.ACT.doc
1
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FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By: ,,-11f'1{:'1.A ,MM-
Jose;h '~,-s~retary
ll1'"
Executed at Denver, Colorado this \ ,-clay of January; 2005.
G:IMinutes-2005IRAH-AlIIRAHCA.011205.ACT.doc 2
",.. Hond No. 83BSBD07353
MONUMENT BOND
WHEREAS, Richmond American Homes of California, Inc., as Principal, desires to
record a final map for the development identified as: University Park, Tract 16509-5, (Lots
91-105).
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDNISION, ofthe
Government Code of the State of California, the interior monuments shown on said final map
need not be set at the time the map is recorded and said Principal wishes to have the interior
monuments set after the time the map is recorded. Said Principal agrees to furnish a security
guaranteeing the cost of setting such monuments.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Btlmardino, California, as Obligee, in
the sum of Four Thousand Five Hundred and OO/IOOths Dollars ($4,500.00), lawful money of
the United States, for the payment whereof, well and truly to be made, said Principal and
Surety bind themselves, their heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT: if the monuments
are set on or before , and the engineer or surveyor setting the final monuments
shall have been paid, then this obligation shall become null and void. Otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, if any, incurred by Obligee in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or to the work to be performed thereunder of the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension 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 April 20th, 2006.
(Principal) (Surety)
Richmond American Homes of
California, Inc.
Hartford Fire Insurance Company
~it:~~~
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF ATTORNEY
LOCAL SURETY AGENT:
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea. CA 92821
(714\ 256-0691
(university park-tk5-monument.doc)
. ....
State of Illinois}
} ss.
County of Dupage }
On April 20. 2006, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Jennifer J. McComb known to me to be Attorney-in-Fact of
Hartford Fire Insurance Companv the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
June 26. 2006
Official Seal
Tariese M Pisciotta
Notary Public State of Illinois
My Commission Expires 06126106
i;OWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266.3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 83-550208
m Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
m Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of lndiana
m Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
[[] Hartford Insurance Company of illinois, a corporation duly organized under the laws of the State of Illinois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartlord, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
James Scheer, Michael J, Scheer, James I, Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Westmont, IL
their true and lawlul Attorney(s)-in-Fact, each in their separate capacity il more than one is named above. to sign its name as surety(ies) only as
delineated above by 181. and to execute, seal and acknowledge any and all bonds. undertakings. contracts and other written instruments in the
nature thereof, on behall 01 the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution 01 the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power 01 Attorney.
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Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55, Hartford
COUNlY OF HARTFORD
On this 4th day 01 August, 2004, belore me personally came David T, Akers, to me known. who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
ScottE. Paseka
Notary Public
CERTIFICATE My Conunission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and loregoing is a true and correct
copy 01 the Power of Attorney executed by said Companies, which is still in full force effective as 01 April 20. 2006.
Signed and sealed at the City of Hartford.
-bc.:wt? g
(-!(J0~t
Gary W. Stumper, Assistant Vice President
POA 2005
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~
-"~.~.~.~.~.~.~.~.~.~._.~-~-~-~-~-~-~-~-~-~-~-~-~-~-~
=^=>. =>. =>. =>. =-
State of California
County Of~\\~~
On ~;\ 2J ?fW " before
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personally
appeared
Name(s) of Signer(s)
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..~ ecu.ty -
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.9<?ersonallY known to rne
o I'r6. eel te I n6 on the basis of satisfactory evidence
to be the persontg( whose namelSf i~subscribed
to the withirvnsfru~ent and acKnowledged to me that
~he/t!)i!Y executed the same in ,Pi€Iher~
authorized capaci~ and that by..J'riSIherJll1elr
signature)51'on the instrument the perso~ or the
entity upon behalf of which the perso~acted,
executed the instrument.
WITN
y and and official seal.
Place Notary Seal Above
ignatu otaryPublic
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 Docum~ ~ ~ ~~~ -:j. ~::s
Title or Type of Document: J..tt"Y\!. 'f+" .3
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~ .-.~.~.~.-.
02004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1.800.876-6827
,-'
CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of bUilding
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:\Minutes.2005\RAH-AIlIRAHCA.011205.ACT.doc
1
r-'"
, ~,
FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By:
Jose;1~~retary
Executed at Denver, Colorado this
L1.1'"
I ,-clay of January; 2005.
G:IMinutes-2005IRAH-A1IIRAHCA.011205.ACT.doc
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2006-249
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements ~ Tract 16509-5)
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered into as of this
10th day of July, 2006, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter referred to as "City," and UNIVERSITY PARK, LLC~
hereinafter referred to as "Subdivider."
RECITALS
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005,
approving a Standard Form of Agreement with University Park, LLC for Subdivision Tract
No. 16509-5 (Unit4 - Lots 91 through 105) with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except
that it will retain responsibility for improvements in the Landscape Maintenance District,
and
WHEREAS, Richmond American Homes of California, Inc. has agreed to execute a
substitute Standard Form of Agreement for said subdivisions and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement
that University Park, LLC retain responsibility for improvements in the Landscape
Maintenance District.
WHEREAS, Subdivider has requested approval of the map prior 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
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2006-249
of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
NOW THEREFORE, Section I "Performance of Work" is hereby amended to
read as follows:
I. 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, all improvements in
the Landscape Maintenance District in accordance with the Plans and Specifications on file as
hereinbefore specified, and with any changes required and ordered by said Engineer which, in
his opinion, are necessary or required to complete the work.
2. All other terms and conditions of the original Agreement for Subdivision Tract
No. 16509-5 shall remain unchanged.
III
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2006-249
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-5)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
Q~;0.~~
~rk
Approved as to form:
JAMES F. PENMAN,
City Attorney,
By:
CITY OF SAN BERNARDINO
SUBDIVIDER:
Watson ssociates, Inc.
By:
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
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
COUNTY OF ~~ ~ ss.
On this 2.s-rh day of
undersigned, a No ry Public in and for said Count
cSY1
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
PresidenV aRa per.cnn!) 11)' lrnnurn to
me (aT 19f8-:liH~1 tn me on the h:=l~l~ of ~atigH1eteFy 'l'/i8SR~'l) to be rho
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 Directors.
WITNESS my hand and official seal.
, 20 -'L1v before me, the
nd State, personally appeared
(This area for official seal.)
4