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ORIGiNAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution approving Parcel Map for
Tentative Parcel Map No. 17003
located on the West Side of
Tippecanoe Avenue 750 feet north of
Central A venue.
Dept: Development Services
Date: November 7,2006
File No.: PM No. 17003
MCC Date: December 04, 2006
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt resolution.
Wvu"u V. J(SiY
Valerie C. Ross
Contact person: Lynn Parker, Sf. Civil Engineer
Phone:
Ex!. 5110
Snpporting data attached: Statf Report, Resolution, Bonds and Agreements.
Ward: I
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
R6S0
.200'- ---'/19
IJ} '1/ Ow
Agenda Item No. I;J...,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Parcel Map for Tentative Parcel Map No. 17003 located on the West
Side of Tippecanoe Avenue 750 feet north of Central Avenue.
Background:
On December 6, 2005 the Planning Commission approved Tentative Parcel Map No. 17003
(Subdivision No. 04-33) & Development Permit II No. 04-29.
The Development Code authorizes the City Engineer to approve parcel maps of four or fewer
parcels. This parcel map contains five parcels and, therefore, is subject to approval by the
Mayor and Common Council.
This map is for industrial/office buildings. Public improvements are required to be bonded
before recordation of the map. The sub-divider has submitted the required bonds and
agreements to guarantee completion of work. Required Certificates of insurance are on file
with the City Engineer.
All conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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11/07/06 7:50 AM
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ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: TPM 17003
(SUB 04-33) &
PLANNING DIVISION DPII 04-29
LOCATION MAp. LAND USE DISTRICTS
HEARING DATE: 11/09/05
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 AN BERNARDINO APPROVING THE FINAL PARCEL MAP FOR PARCEL MAP
4 0.17003, LOCATED ON THE WEST SIDE OF TIPPECANOE AVENUE 750 FEET
ORTH OF CENTRAL AVENUE IN THE IL, INDUSTRIAL LIGHT LAND USE
ISTRlCT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
AP, AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
GREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
OR PERFORMANCE SPECIFIED.
RESOLUTION NO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
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12 ndustrial Light Zone, is consistent with the General Plan of the City of San Bernardino.
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SECTION 1. The Mayor and Common Council find that proposed Final Parcel Map
o. 17003, located on the west side of Tippecanoe Avenue North of Central Avenue in the IL,
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
ity to execute the standard form Subdivision Improvement Agreement with Perris Campus
laza LLC, attached hereto as Exhibit A, for the improvements in said Final Parcel Map as are
equired by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
ct. The time for performance is as specified in the. Agreement. Said improvements are
19 pecifically described arid shown on Drawings approved and on file in the office of Development
20 Services in the City of San Bernardino.
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SECTION 3. The Final Parcel Map is hereby approved and the City of San Bernardino
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arcel Map for streets, alleys (including access rights), drainage and other public easements.
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ereby accepts as public property all dedications within the subdivision as shown on said Final
The City Clerk shall certify approval and acceptance of the Mayor and Common
26 ouncil as set forth in this Resolution.
27 SECTION 4. This Resolution is rescinded if the parties to the Agreement fail to
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xecute it within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 AN BERNARDINO APPROVING THE FINAL PARCEL MAP FOR PARCEL MAP
0.17003, LOCATED ON THE WEST SIDE OF TIPPECANOE AVENUE 750 FEET
3 ORTH OF CENTRAL A VENUE IN THE IL, INDUSTRIAL LIGHT LAND USE
4 ISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
AP, AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
GREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
OR PERFORMANCE SPECIFIED.
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held on the
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
day of
, 2006, by the following vote, to wit:
11 Council Members:
12 ESTRADA
13 BAXTER
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AYES
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NAYS
ABSTAIN ABSENT
BRINKER
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16 DERRY
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KELLEY
JOHNSON
MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this day of
,2006.
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form.
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JAMES F. PENMAN,
City Attorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2006, by and between the" CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Perris Campus Plaza LLC hereinafter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Parcel Map 17003; 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 h(;rcby
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 (hereinaller
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 Codc.
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 tnSlIrc
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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 subj ect 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 publi(' 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 MunicipaJ Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
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work is in preparation.
10. Contract Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance ofthis 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 dcfecti vc
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 rea,;ol1dble
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.
11. Subdivider's InsurllIlce. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
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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
carrier.
(a) Worker's Compensation Insurance/Emplover's Liabilitv Insuqnce.
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 subcontraclOr
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 atTorded by Subdivider. In cnse
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liabilitv and Propertv Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
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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 bc as
follows:
(I) Public Liability Insurance. In an amount not less than One MiJ.:ion
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 MilJion
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
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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 (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor( s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libd 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 wilJ be
required to give City at least ten (10) days prior written notice of the cancellation or reductiJn
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
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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. 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 shaH not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
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(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'slDevc[opcr'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 SubdividerlDeveloper'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 fumished 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 0[" 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
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
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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 witb the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and lnspection. 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 bankrupi, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, 01' 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 sllch
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
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 tive
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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 acconnt
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
11 person or sent by registered mail, postage prepaid.
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(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:
Perris Campus Plaza, LLC
4221 Wilshire Blvd, Los Angeles, CA 90010
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
~Y\e ~((>-V\ C\bVl.\vrA(~ \nr1 ehWl\~ (\.eMF,
C~\ ~~~(\- h"u\wcu,-A q'\hf\Q)(,lo.;:. ~f'\.es Q."" q~
, ~. J
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
By:
L-~1.~
()
CITY OF SAN BERNARDINO
By:
Patrick 1. Morris, Mayor
City of San Bernardino
SUBDIVIDER:
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 Assi stant
Secretary, and the corporate sp.al affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business '.lllder 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 ~d,r.t~ft-1 ~ ss.
On this ,-~.h day o~,. '..,~V , 2006, before me, the undersigned, a
N, otary PUb,lic in and for said COil an, d State, personally appeared ~/
,/~~., ~-=
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
,. me (oL-Illilved to me on -1he h~sis of satisfactory evidenc.e~ to be the
---ef hit) ~"'-1 of the-~Q<r~that executed the within instrument and
ow to me to e the persons who execute the /. hin 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 sea!.
o/11f~- ~ ~tI~
Notary SIgnature '
(This area for official sea!.)
-----..------\
AMBROSE OKORO INYANG .
~@-,' Comm_ # 1424461, ,
$ _. _ . Nolaty _ . Calitomla
t. , 1.01 MgeIeS eo.rdv (
i MyCGmm. ec.-JwllA, 211117 "
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.,v.,~~JiiAM'~=""~
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State of Califor~ia A .
County of M<:' /1111 e /-es
On ,r'ep 2i:J 2af
, Dale
personally
appeared
~ - - - - :=:=:.- t
l ~ Notary NlIIc . CaIIOmIO ~
~~ Myc.:..~=20091
- - - - - - - - - - - -
Place Nolary Seal Above
:) I .
I '<7b(,e
N
Namets)01 Signer(s)
~ersonally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument
my hand an
Signature 01 ic
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
Tille or Type of Document:
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):
[J Partner - 0 Limited 0 General
lJ Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
""-
Ilem No. 5907
:5..:
-~
~!!i!i.S!i: _; """ ;5Ii!;ilIl!; ~7 ,.... ~~!5i'.g
C 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chalsworth, CA 91313-2402
Reorder: Call Toll-Free 1-800-876-6827
American Contractors Indemnity Company ~ @
Subdivision Improvement Bond
Bond No.
250126
Premium $ 5,000.00
KNOW ALL MEN BY THESE PRESENTS:
That, Penis Campus Plaza, LLC , as Principal,
and American Contractors Indemnity Company, a corporation organized and existing under the laws of the State of
California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto City of San Bernardino as Obligee, in the sum of
Two Hundred Fifty Thousand and 00/1 00 Dollars ($ 250,000.00 ), 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 THIS OBLIGA nON IS SUCH THAT Whereas, the Principal on August 9th, 2006
entered into an Agreement with the Obligee wherein the Principal agreed to complete the
following improvements:
Offsile Improvements - Parcel Map No. PM 17003 - Planning Case No. DP 11 04-29
as more fully set forth in said Agreement, which is attached hereto and made a part hereof by reference;
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and
conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and
effect. Provided, however: I) That the consent of Surety shall be required for any extension of time to complete said
improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or
corporation other than the obligee named herein.
Signed, sealed and dated
October 5th,
2006
Principal
meriean Co
Attorney-in-Focl
.~
By
'\JJ"= "') 11I.<..""') c./
leI Huckabay,
<'il't...."."..
.
e
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
Arturo Ayala, NotaIy Public
Name, Title of Officer E.G. ~Jane Doe, NOTARY PUBLlCK
personally appeared
Daniel Huckabay
NAME(S) OF SIGNER(S)
I2U personally known to me
-OR-
ARTURO AYALA
COMM. #'636549~
NOTARY PUBLlC-CAlIFORNIA~
ORANGE COUNTY ..
IIY COIIII. EXP. JAN. 10. 2010
D proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies). and that by
his/herltheir signature(s) on the instrument
. the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal
~6~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
[X) ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Improvement Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
~-
.
e
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Jian T orkan
D personally known to me - OR -
DANIEL HUCKABAY 'Ii
COMM. #1454167 t/J
NOTARY PUBLlC-CALIFORNIAt/J
ORANGE COUNTY ...
MY COMM. EXP. JAN. 1. 2008
Daniel Huckabay, Notary Public
Name, Title of Officer - E.G. ~Jane Doe, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
[R] proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
d and official seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: Managing.Member
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR. ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Improvement Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
~@
American Contractors Indemnity Company
9841 AIRPORT BOULEVARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO, 250126
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY TIlESE PRESENTS:
That we, Perris Campus Plaza, LLC , as Principal,
and American Contractors Indemnity Company , a corporation organized and doing business
under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as
Surely, are held and firmly bound unto the City of San Bernardino
as Obligee, in the penal sum of One Hundred Twenty Five Thousand and 00/100 Dollars
($125,000.00 ) DOLLARS,
for which payment, well and lruly [0 be made, we bind ourselves, our heirs, executors and successors, jointly and severally finnly by these
presents.
TIlE CONDffiON OF THE OBLIGA nON IS SUCH THAT:
Whereas, the above-named Principal, has emceed inlo an agreement which is made a part of this bond, with the City of San
Bernardino , Stale of California, as Obligee, for the designated public
im/?l"ovements in the subdivisinn identified as Offsite Imorovements - Parcel MaD No. PM 17003 - Plannina Case No.
D II 04-29 , as required by the Government Code of California.
Whereas, under the tenus of said agreement, principal is required before entering upon the penonnance of the work, to file a good and
sufficient payment bond with the City of San Bernardino to secure the claims
to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned, as surely, are held firmly bound unto the City of San Bemardino
and all contractors, subcontractors,laborers, materialmen and other persons
employed in the perfonnance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for material furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond. will pay. in addition
to the penal sum thereof, costs and reasonable expenses and fees. including reasonable attorney's fees, incurred by City of San
Bernardino in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be taXed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all pe,rsons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation 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 10/5/06
~--
PRmCIPAL:~C/J/
"?""",, ",,-~ ~--
,.' /
Iraclors Indemnity Company
"
Daniel Hucka
Attorney-in-Fact
CA466BO&'OS
.
.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Daniel Huckabay
[K] personally known to me
-OR-
ARTURO AYALA
COMM. #1636549:'11
NOTARY PU81fC-CALIFORNIA~
ORANGE COUNTY ...
MY COMM. EXP. JAN. 10. 2010
Arturo Ayala, Notary Public
Name, Title of Officer- E,G. uJane Doe, NOTARY PUBLIC.
NAME(S) OF SIGNER(S)
o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
d official seal
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
[Xl ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Labor and Material Bond
TITLE OR TYPE OF DOCUMENT
Ooe
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
.
e
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Jian Torkan
D personally known to me
-OR-
DANIEL HUCKABAY
COMM. #1454167'l1/
NOTARY PUBLIC-CALIfORNIA CtJ
ORANGE COUNTY CtJ
MY COMM. EXP. JAN. I. 2008....
Daniel Huckabay, Notary Public
Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
~ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
129 OTHER: Managing Member
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Labor and Material Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06 "
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
~@
AMERICAN CONTRACTORS INDEMNITY COMPANY
9841 AIRPORT BOULEVARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649.0990
BOND NO. 250126
PREMIUM See Performance Bond
MAINTENANCE BOND
KNOW ALL MEN BY TIlESE PRESENTS, That we, Perris Campus Plaza, LLC
(hereinafter
called Principal), as Principal, and AMERICAN CONTRACTORS INDMNITY COMPANY, a corporation, organized
and existing under the laws of the State of California and authorized to transact a general surety business in the State
of California , (hereinafter called Surety), as Surety, are held and firmly bound unto
City of San Bernardino
(hereinafter called Obligee), in the sum of Sixty Two Thousand and 00/100
DOLLARS ($ 62,000.00 ),
lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment
of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a contract with the said Obligee, dated August 9, 2006
for Offsite Improvements - Parcel Map No. PM 17003 - Planning Case No. DP II 04-29
and,
WHEREAS, the Obligee requires that this bond be executed on or before the final completion and acceptance of said
contract and
WHEREAS said contract was completed and accepted on the
day
of
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy
without cost to the Obligee, any defects which may develop during a period of One (I) Year
from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior
materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
SIGNED, SEALED AND DATED THIS
5th DAY OF
October
2006
LLC
Principal
By:
D' uckabay.
Attorney-in-Fact
HCCSZZ221BIOOS
e
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e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Daniel Huckabay
[K] personally known to me
-OR-
ARTURO AYALA
COMM. #1636549~
NOlARY PUBLIC-CALlFORNIAl/j
ORANGE COUNTY ~
MY COMM. EXP. JAN. 10. 2010
Arturo Ayala, Notary Public
Name, Title of Officer - E.G. ~Jane Doe, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
D proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
WITNESS m
d official seal
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
[Xl ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
e
e
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Jian Torkan
D personally known to me
-OR-
DANIEL HUCKABAY
COMM. #1454167'l!
NOTARY PUBLlC-CALlfORNIA~
ORANGE COUNTY ...
MY COMM. EXP. JAN. 1. 2008
Daniel Huckabay, Notary Public
Name, Title of Officer-E.G. ~JaneOoe, NOTARYPUBLlCn
NAME(S) Of SIGNER(S)
OS] proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
",ITNESS my
'\
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TITlE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
[]I OTHER: Managing Member
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Bond No. 250126
e
. .','. '~"@
Arnerican Contractors Indemnity CompaIlY '. .
.' 9841 Airport Blvd., 9" Floor Los Angel~, California 90045 . ...... ." . .
POWEROFATTORNIW
KNOW ALL MEN BY THESE PRESENTS:
. ..
That American Cootractors Indemnity Company of the State of California, a California corporation, does hereby appoint, '
Ralph Eidem, Jr. or Daniel Huckabay of Orange, California
., . - ,,' :' '. . '. .
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its beh~lf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to 'exceed $ ....*.****1,0.0.0.,0.0.0..0.0..**"**.**.. This Power of Attorney shal1 expire witho~tJ~rther action on}_1arch
18,2007. . . .
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by.
the Board of Directors'of AMI;:RICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the. 61b day of
December,1990. .
. .
" , . .,. --, -, '
"RESOLVED that 'the Chief Executive Officer, President or any Vice Presitknt, 14ecutive Vice President, Secretary or Assistant Secretary.. shall have the
'powe,' and authority , -
,~ - . -
J. Tq.appoin.t Attorney(s)-in-Fact and to' authorize 'them' to execute:o~'beJuilj'ofthe, Company, aritiaitach the searoft~e Co';'PanYJ~reto!'
bol1ds imd ~ndertakings; contracts of indemnity and other writings obligat(Jry in the nature thereqfand, , ,
2, To remove, at any time, any such Attorney-in-Fact and revoke the authority given.
RESOLVED FURTHER,' that the "!,ignPtures:of such oJ[l!:ers and the seal .of the Compd1Jy'may be affIXed to any such Power of~ttorney or cerJijicate_
relating thereto byfacsif!1ile" and-any suchfower',of Attor:neyor certificate bearing SuchfacsimiJe signatures or facsimile sea[-shallb~_\la{jd_and:biiu1jng-
. uPon the Company and m,y 'su~h po'~,er so ~f~cuted a;1(1,certified by facsimile -signatJires qndfacsimile '$eal 'shall be valid and binding upqn the Compl;lliy
en Ihe JUJure with respec/.to any bond or undertaking Id which it is a/tacbed. " . .
: IN WITNESS WHEREOF, American Contractors Indemnity Company has caused. its seal to be affixed hereto ';"d executed by its Chief.
: Executive Officer on the ISIb day of December, 2003. ' ' .. , . . '. ,.'",
- - " ,,', ,
" -, ", ',',"
STATEOFCALIFORNIA ~ .". .
couNTY OF LOS ANOi3LES' .~ '".","( . .. c' '
.' On this 15~h dayofDeceinbe~ 2003, bethre me, DeborahRe~se, a notary' p~blic, p~rsonaIl;~i>i>i>ared Robert F: n;o;;'as,:.C6iefE#eCuti~~. . ' J
I'",,;pffi~r 6f:;\.t11etican'contractOrs Indemnity Company,. to me "personally known ""'.be 'ihe,individualand offi~er descri~d.i1eiiT~{and'f. I
l;' ack,nowledgOd that he executed the.forego,ing instruinent and affixed tIie seal of saict.eorpQration thereto by authority o~his office.;i:~:,"" .' ,':j
; ,';: , _,,:"::',; "'_'~;", '::: _,' ,:,-::;"i"::; ,_ '-i:- ___' n; -"__, ,,:'-':', -.: '~_;',,:::,_,'-c-c"-;' _ ~;:'~\ _> ',:'::',,,-, ;',. ,~ ,::"", ,,: ;. : ,,' :' ,'_ "~'.~;'i"-;<,>'-~-;>",~~' -'_: ':_,:_'-,":;' , ;~. -. :;-, _',~ _) '-;'-~ ,r':" ~'~__.:,;: ,;~":' :';>i ,', '-'., -,
iWI1~/:;Yh~dandOffidaIS~aL, )..~:-~:,~- ~.=;:;]~ :~c.
VI. Ult/llA/'" "c/let<.----: . . ,Ncby ~.;~ i t. "'
\'0 Signarure{}fNotary" ,.;. ~,~', ~'I ,-:_,-'~';"-'" "~~;\04~~jl'i;, ,1 " '-'-,J
. Me'" . ' M '~h 18'2007 .... , ~..' .....CclMt. Mcr18..1197 .ce. > ,. "... ,I
i. Y OmmlSSJOneXpll:,eS arc . " ,,'," "'un .",'" '_'___._,~ -. ," , - .' -, '-'.. 'c' ,.,,,:""-'-~.~1';;'---_'-.~- ,<1
I :::" ';'}' ~\"ii'" ':.;''-" :"?;<~ ,-'!,\,::,,:::!-:: :':;:' ;':,f:~':" \~:: ":":'<',":..: -::',>:, .':' , : ':.;'- ':": .:<~<-:'::;, ,;-:f"--'-:-', ..":/~ :~~:'\" :r.~ ~~;:;;',t:\~' .,~,,--,"_:,..~~.;~ ~,,{ ":':~):/ _' ';,-.:..:',. :':";':'," ~':",',:':":::'~:~,::i<~'(~;~~,,'j1t:rk:;~:~:';,:~"~:;;j'::,-!:~:;
~ I, J~an?ie J. Kiin, Corporate SecretarY. of Anierican. Contractors I~deml1ity qpnip~.yi do h.~e~y;ce1iify th~t th~~et,\'.~ . .. ,!,,!d
:.,.: resoI~~o~ .a4~pted .by.th~Bo:'f?.ofDlr~:t?rs (}f sa'4;Co1)1!lan>:\~ ~~fo~ ~~e;:are true~.~rt'ect fi:an~,cn,l'~ ~
I"" the.~atd Po>\(er;.of Atl~~et~~t~eresolul1on hav..bee!"Tevok.d;.~.'1~ t~e~,%!lo)\'m fill! fo,r~e;lpd ~ffecf... ,~",f-,,' ~ ':,
r" . IN \V11NEs~ij'Etffi6F::l~a~~ h,~~~~t~.~ei'iriy'~oo\a'~i~i:;;.~tfi.;;:i;~a~:~f 'b~~b;~~i': ';~~:'::::'{l~t,:'i:~'I~;:~f:;\",; ,
a'."; ,..,,, ,. ..,' "',~
~~jjd'No.'2501.26 ' '. ..' ,,' . .
~ '" - " '''';:i';~',,.-,,,.,~ -" :'~',;i';?~\;~:~;;'~}:' ' ". ~ - , . '..c;' '":':~;~~,~',:f'" ;:.- '\
ii"::~Ag~~~ ~;::;~~2" : '~~'j;~', ';"/;".',:~;.,"\ . .' " .'. q ~' ';'. :t,: " .... . ~
~._ . .:" ;. (:--;". ."',, '"',, - - , . ,~.~~L,:~" ",., <ujj,;,' \,;,---j'" .:" _" ,.
" ,,.-~._.. ,'.' . " -", ... ,;-' :"
r' ", ,,'-:, ," ~, .:," . ' ->,~ ":;."~'-". ,> .,~;~. '.,~,"-' >;;~-.
f' .:.. ;~\:; :~f::;i,:,;,: :::c,~. ;;~I;j;;~;,,~ii..:;:;;.~;~;i";''';iilill~;.iJ~:;'I;.j~~;~;li::;~:2~'~~,~r:~~~::f~:;:,~
.' --'-.'
NTRACTORS INDEMNITY COMPANY .
'.!
'i
By:
,I
i
I
I
:.:1
"......-;1
,}I
"' I
".~'.~;:~:~;:~;:!
e
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American Contractors Indemnity Company
9841 AIRPORT BL YD., 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990
Date: 10/18/06
SURETY RIDER
OBLIGEE:
~ty of San Bernardino
300 N. "0" Street
3rd Floor
~ Bernardino, CA 92418
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To be attached to and form a part of
Maintenance Bond
,No,
250126
, Lic_No.
N/A
In favor of City of San Bernardino
Obligee
On behalf of Perris Campus Plaza, LLC
Principal
For valuable consideration, receipt of which is acknowledged, surety hereby gives its consent to change:
The Bond Penalty Amount
Type of Bond
FROM: Sixty Two Thousand and 00/100 Dollars ($62,000.00)
eTO: Sixty Two Thousand Five Hundred and 00/100 Dollars ($62,500.00)
To be effective October 5th, 2006
Principal
!Perris Campus Plaza, LLC
4221 Wilshire Blvd., Suite 240
Los Angeles, CA 900 I 0
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Daniel Huckabay, Attorney-in-Fact
I
Producer
~ommercial Surety Bond Agency
1411 N. Batavia, Suite 111
Orange, CA 92867
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HCCSZZ411B06/04
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/18/06
Date
before me,
Arturo Ayala, Notary Public
Name, Title of Officer - E.G. "Jane Doe, NOTARY PUBLIC"
personally appeared
Daniel Huckabay
NAME(S) OF SIGNER(S)
[K] personally known to me
-OR-
ARTURO AYALA
COMM. #1636549'11II
NOTARY PUBlIC-CALlFORNIA~
ORANGE COUNTY ~
MY COMII. EXP. JAN. 10. 2010
D proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal
~-~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
[XJ ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Surety Rider
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/18/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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American Contractors Indemnity Company
.. 9841 Airport Blvd., 9" .Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
. .
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That American Contractors lnde~nity Comp~ny of the State of California, a California corporation, does hereby appoint,
Ralph Eidem, Jr. or Daniel Huckabay of Orange, California
its true and lawful Attorney(s)-in-Fact, with full autho~ityto execute on. its behalf bonds, undertakings, recognizances and other contracts
of indemnity. and writings obligatory in Ihe nature thereof, i.ssued in the course of its. business and to bind .the Company thereby, in an
Amount not to exceed $ .....*.u. fJOOO~OOO.OOu....._",*... This Power of Attorney shall expire without further act,io'n 'on, March
18.2007, . ,
This Powe~ of AttOrney is granted 8lIdis.signed and sealed by facsimile. under and by the authority of the following Resolution adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6~ day of
'December, 1990, . . ,
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. .
"RESOLVED that the Chief Executive Officer, President or any Vice President, Execuiive.Vice President, Secretary or Assistant Secretary, shalrhave the
power, and authority
L' To appoint Attorney(s).in-Fact. al'ld to authorize "them. to execute, on behalf of the Company, and attach the seal of the Company 1hereto,
bonds and-undertakings, contracts ofinde.,imity and:other writings obligatory in the n(,ture thereof and, ,'.
2. ,Ta remove, at any"time, any such Attorney-in-Fact and revoke the authority given.
RESOLVED FURTHER.. that the signatures of such o.fJ'}cers and the seal .of the Cl?mpany. may be 'affr:ced ta any such Power .of Attorney or' certificate.
, relating thereto by facsimile, and any Such Power, .of Attar:ney .or certificate bearing ~uch facsimile 'signaJures a'r facsimile seal shall be valid and b,inding
j - upon the Company and any such po~er sa ,exe.cuted anq certified by facsimile signatures and facsimile seal shall be valid and binding' upon Jhe Company
e in the jUture with respect 10' ony bond or undertaking tbwhich ilis attached. ". .. ' .,
; . IN WITNESS WHEREOF, ADleri~an Contractorsindemnity Company has caused its seal to be affixed hereto and executed by its Chief
; Execulive Officer.on the 15~day of December, 2003, .. . .. '., .. .
,
!
NTRACTORS INDEMNITY COMPANY
By:
!
I STATE OF CALIFORNIA' ~
! COUNTY OF LOS ANGELES L , . '"c
I On this 15~ dayofDeeember 2003, befo~e me, Deborah Reese, a notarj. pUblic,petsohally ~p~ared Robert F, Thomas, ,ChiefEx~putiv~. .' i
:" ";Offi~r of i\Dlencan ,Contractors Indemn~ty Company,'to me personally known, to be the ,JUdlvldual and officer desc~lb~<i,~,en:I~,: ~~ ',,,, .'1
" "atklW~led~ed that he executed the foregomg JUstrument and affixed the seal ~fsald corporatIon thereto by authonty of hIS ome,.:',:.>"" ;'" '
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",' 'WITNESS my hand and official seaL.' ' ' . \';' - & - - - - - - - - ,. r:""" ,:;"".,
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' 'My CommISSIOn expires Marcld8 ,2007 ,,,, '" I,' ,"" ,,' '" , "';',;.,,~, ,'."'''. '" I
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I '" I, Jeannie')", Kim, Corporaie Secretary of' American ConlIactors Indemnity COml'l\llY; dO'herepy certifY that too l'owerllf ^tll?:meI;AI1!i'\h~,:;;:"''' 1
l::;; Tesolu,ti~",'~pied. bX ;~Bo:"d:MDirectors,:of said C~1Ppan~:as Set f?Jth ~bove,:~ true 8n!I P,llrrect ,kanscri~~ l~ereof.~~li<Illt;~i';{"!';J
F~\ 'tne !a\d,!,o",et''lf Allllrn~~J:I~ ffi~ resol,,!io'!. have,been reY\l~d "!ldthey ll1:e."'now m'fu,ILforce and effect. . , '," co'; :)
I':::'IN WI~~~~; ;'~a~~e;:~~i~~~t~Y~~~thl~'~~l~fli~~;~( Jcict'b~t~:;{t';i: ~ 2006," ~.,!, vI
"Ond",~O:~250",l2~: ,:}~~~,ty\ Rt4~r~:::;::," " ""',,'
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f'" " ''AgehcyNQ' #8472 I"" .".'~ " '. ,- ,,', " ".. '.
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American Contractors Indemnity Company
9841 AIRPORT BOULEVARD, 9111 FLOOR, LOS ANGELES, CA 90045 (310) 649.0990
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MONUMENTATION BOND
FOR SUBDIVISIONS
BOND NO.:
PREMIUM:
250127
$300.00
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS,
Perris Campus Plaza, LLC
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Offsite Improvements - Parcel
Map No. PM 17003 - . ; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
*Planning Case No. DP II 04-29
NOW, THEREFORE, we the subdivider as Principal, and American Contractors Indemnity Company
9841 Airport Blvd. 9th Floor Los Angeles, CA 90045
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
, in the penal sum of
Three Thousand Five Hundred and 00/1 00
Dollars ($ 3.500.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer
or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said
subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will pay the
same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on October 5th, , 20 ~.
_~ .1'rinGip~
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Surety
American Contractors Indemnity Company
By:
Attorney-in-Fact
HCCSCA6ISBIOIOS
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Daniel Huckabay
[K] personally known to me
-OR-
ARTURO AYALA
COMM. #1636549~
NOTARY PU811C-CAlIFORNIA~
ORANGE COUNTY ..
MY COMM. E~).1f\:O\2eo {
Arturo Ayala, Notary Public
Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLlCft
NAME(S) OF SIGNER(S)
o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies). and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
/~&d and official seal
. o~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
!Xl ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING,
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Monumentation Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 10/05/06
Date
before me,
personally appeared
Jian T orkan
D personally known to me
-OR-
DANIEL HUCKABAY,.,
COMM. #1454167'<
NOTARY PUBLIC-CALlFORNIA~
ORANGE COUNTY ..
. MY ~O~M. _EX~ J~N} ~O~8 (
Daniel Huckabay, Notary Public
Name, Title of Officer - E.G. ~Jane Doe, NOTARY PUBLlC~
NAME(S) OF SIGNER(S)
[K] proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s),or the entity upon behalf of
which the person(s) acted, executed the
instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relyi on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
[]I OTHER: Managing Member
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Monumentation Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
10/05/06
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Bond No. 250127
-
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AmericariContractors Indemnity Company .'
'9841 Airport Blvd., 9" FloorLos Angeles, California 90045 ·
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
; :
. ,',' ". .
That American Contractors In<lemnity Company of the State of California, a California corporation, does hereby appoint,
. .
Ralph Eidetn, Jr. or Daniel Huckabay of Orange, California
its true an.d.lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances andotber contracts
of indemnity and writings obligatoryi~ thenature thereof, issued in the course of its business and to bind. the Company thereby, in an
Amount not to exceed $ _ *********.11000,noo.oo**,**.**.... .- This Power of Attorney- shall expire without further action on March "
18,2007. . . ..
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolutionadoptedby
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and .held on the 6'" day of
December, 1990. . '.' '. . . .
"RESOLVED 'that the Chief Executive Officer;, President or any Vice President, Executive Vice Pre~ident} Secretary or As;istant Secretary,',shiJll have the
pow~r and authority
. J.-' To_: appo~nt Aitor1ieYfs)~in-Fact and to authorize them to execute on behalf of the Company, and aitach the seal of the, Company.)here,to,
.~?rids'and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at'o;1y time, any such Attorney-in-Fact'and revoke the authority given.
. .
RESOLVED FURTHER;.- :tha,t ,the ~lgtJature~ 9f s~chofficers and the seal of the Company may be affzxed to any such Power of Attotney or certificate
" -relating thereto byfacsimUej (,~d'any suchfower of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be'"valid,and b.inding
i upon the Company and anY-,~uch~er ~o executed and certified by facsimile signqtures andfacs.imile seal shall be vaUd and'b;nding upon tfie qompany
tltin the future with respecttoany bona' or u.werlakinglo which il is attached." , . ."
i. ..' IN WITNESS WHEREOF; American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief
i Executive Officer On the 15'" day of December, 2003.
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, STATEOFCALIFO~~~.~.~ ~
: COUNTY OF,LOS ....NGELES '< "'. - . . ~ . . .
:: On this I 5~ d~y of December. 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, C~i.ef~xe~utive
I'.I,}: ..Qfficer of /'Jiterican Contractors .jndenlDity"Company;to me personally known to be the individual and ,officer described'h~reii;"atId
, :,aciknowledged 'that he.executed thoforegoing instrument and affixed theseal of said corporation' thereto by authorIty of his o.ffio~:.'~: . -,-,,,,"
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I,. My CommIS~ion~xpi~s~arc\18:20?7~;::, '.' q '. '. 1::-, ":' _ -: _ _ '.,;. -: ~:: ":,7 t;;,
~... .. i,ieanni~ 1. Ki~, Corp~rat~S~~taryof Ameri~an Co~traclors Indemnity Comparty, do herellY certifY thallhe pdweriif:;.. .
I:, r. resolutio'1.a<!opted bY-the. Board 6fUiieclorS.,of said C~mpany as. set forth above, 1"'0 t~e and porrept ~sctil1!S}here\l,f.l!jt
l:':'c lhe~aia PeWet.of Attoin~.Jiotthe:resoltition have been revoked and they are now in full force and effect:." -:" '" ",;..;;' .;", ,
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['.,IN W:I::rNE~S HEREOF,:I Jia~ehereun:to~~ln;y-~d thiL .5th '. day of October
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AMERICAN C NTRACTORS INDEMNITY COMPANY
By:
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