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HomeMy WebLinkAbout2007-022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-22 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-6 (UNIT 6 - LOTS 106 THROUGH 159) LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council find that proposed Tract No. 16509-6 (Unit 6 - Lots 106 through 159), a 54-lot, single family, residential located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel, together with the provisions for their design and improvements, are consistent with the General Plan of the City of San Bernardino. SECTION 2. 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 University Park, LLC, for improvements in said subdivision tracts as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act and incorporated herein as Exhibit "A." 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-6 (UNIT 6 - LOTS 106 THROUGH 159)....WITH TIME FOR PERFORMANCE SPECIFIED. SECTION 3. The Final Map of said two subdivision tracts are hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivisions as shown on said Final Maps for streets, alleys (including access rights), drainage and other public easements. As a condition precedent of approval of the Final Maps, the Subdivider shall first execute the agreements referenced in Section 2 hereof for the improvements within said Subdivisions. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this Resolution. SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-6 (UNIT 6 - LOTS 106 THROUGH 159)....WITH TIME FOR PERFORMANCE SPECIFIED. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at aregular meeting thereof, held on the 22ndday of Januarv ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER ~ BRINKER x DERRY x KELLEY ~ JOHNSON x MC CAMMACK x G\~ ({J.~ City Clerk The foregoing resolution is hereby approved this J-.J. ~ ~ /L:-~ Tobin Brinker, Mayor Pro Tern City of San Bernardino day of Januarv ,2007. Approved as to Form: JAMES F. PENMAN, City Attorney ocr'lL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this nnd day of January ,2007, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and University Pack. LLC, hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract No. 16509-6 (Unit 6 - Lots 106 through 159); 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. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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: 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, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. ~ :'1 ~ 1 " f. ,.' <'. ': .. ;: 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility ~ ,"" € -, ~.~ corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all , ~ necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence bv Subdivider. Subdivider shall gIVe personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 1---- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 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. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 contractQf 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 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 5 r 2007-22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by -either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: ~'< ~ ~ ; (I) Public 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) ProperlY 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 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 ;'d ~ f~ 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 ~f 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 shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'sIDeveloper'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 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%), 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain I' ~ ! 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 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 shsl1l 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 Manager City Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: University Park, LLC 101 Main Street, Suite A Seal Beach, CA 90740 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186-5563 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. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 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 I "I ~ ,- ~ , L ~, " t 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2007-22 AGREEMENT (Subdivision Improvements) IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: Q~l.P ):}~ ~-;;~ CITY OF SAN BERNARDINO By: ~c;:~ Tobin Brinker, Mayor Pro Tern City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney, SUBDIVIDER: University Park, LLC 13 2007-22 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of cali~ County of 11 N\..~ onc1t(\. ltg, '711)1- before me, Dol. ~ e personally appeared O,<:l,. ss. WdomTilleofOfficer{e.g...JaneDoo.N~ryPUbliC.) Name(s)ofSgner(s) Jlfpersonally known to me D proved to me on the basis of satisfactory evidence RAIANNA CHINEZ ~"'R--' CO"",'" ,n' '49i,731 \ '-ci ~~ NOIC~~~~~L~~~~~O'ni'J MvComm.ExpkeSJun26,2 ------------ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which' the person(s) acted, executed the instrument. ! " " OPTIONAL Though the information below is not required by Jaw, 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 Titie or Type of Document: abdl ,,~( Afl JXllf('f;}fe rn 0 J/\ fs ~ re,prrw4 Document Date: Number of Pages: /.3 Signer(s) Other Than Named Above: ~~ ~~ \pen mJ..{} Capacity(ies) Claimed by Signer C 'la. WID..\' - Signer's Name: ~. LO~6Yl . Top of thumb here D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney.in.Fact D Trustee D Guardian or C ill Other: Signer Is Representing: LIe... C 1999 National Notary Association' 9350 De Solo A~e., P.O. Box 2402' Chalsworth, CA 91313-2402' www.nabonalnotary.org Prod. No. S90? Reorde~ Call TolI.Free 1-600-876-6827 I.C.W. GROUP IZI INSURANCE COMPANY OF THE WEST o EXPLORER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com EXECUTED IN TRIPLICATE Bond No. 2169571 Premium: $3048.00 Subdivision Bond Faithful Performance - Public Works SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the West 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 in the sum of Two Hundred Fifty Four Thousand and Noll 00 DOLLARS ($254,000.00) 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 the foregoing obligatiorl is such that, whereas the above bounden Principal has entered into a contract dated TBD, 2006, with the City of San Bernardino to do and perform the following work, to wit: Subdivision improvements for Street, Sewer, Storm Drain, Curbs, Gutters and other OnSite improvements for University Park Project, Tract 16509-6. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this 12th day of June, 2006. Principal: UNIVERSITY PARK, LLC ~ Surety: INSURANCE COMPANY OF HE WEST By: By: CA-ICW 23 (7/00) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~'-.~~'~f>, <:::~t'c;'.:.::':!-~(;~-: ~'_((i~--,-",_' .,,:~>:c,:-<~{\~.; '~'f.:":::": j '-.'~_' ::~\<:i;\ :,','{ f::::~ <"::- -' ~_~. ~"::,~i:'-:.::::"";,-:: {j':: ,-:_<~<;'..:: _'.~'_-",<-', .i' :7<.';:'~ . State of California County of () r~ On _d l.UU.. \ ~ I 2..D01p, Dale personally appeared } ss, before me, X 11 iQ'lV\D.. C'.\1a.vel.i lj~(~ Pu.blic. Name and Title of Officer (e,g" "Jane Doe. Notary ubllc) ",Jb,.I/'IH..c:. R. U.)o.~ Name(s) of Signer(s} )@' :'=~,-I .. NolQry PublIc . CaIIomIa I , Orange CowIty - MyComm, Exp/nla.lwl26, 2 y(persOnally known to me [J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information be/ow 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 DejRument ,.-;) Title or Type of Document: ;:)u,hd.\\l\e.( 0Y'l p~! O~ Ntl. 'z'11o <157-1 Document Date: <..i\.t'/\.l. \l,1.Dolb I e...{es"o....- Jo f' ~ 'bm'\. Number of Pages: \ Signer(s) Other Than Named Above: Capacity(ies) Claimed by s~ner(s) Signer's Name: ..:J tt.Mt So . Wa. ~ CSI? o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator i)I Other: !v\a.~Mb'lI~ ~igner Is pr entlng: Ux\11!ffslly """" 1; LLc.. Top althumb 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: @2004NationalNotaryAssocialion . 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 California ] COUNTY OF Los Angeles On June 12, 2006 , before me, Carl C. Hossli, Notary Public (here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isIare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/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 C-a..-e.. e- 1L-t..: (SEAL) J------------~ @ CARl C. HOSSU _ -. Commission' 1393807 ~ ... Notary Public - California ~ j' Los Angeles County f _ ~ _ ~~~:.E~~l~~ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Subdivision Performance Bond - #216 95 71 TITLE OF TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL One I!i ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES June 12, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENT1TY(IES) INSURANCE COMPANY OF THE WEST UNIVERSITY PARK, LLC SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12/05) ALL.PURPOSE ACKNOWLEDGEMENT I.C.W. GROUP 181 INSURANCE COMPANY OF THE WEST o THE EXPLORER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 (858)350-2400 FAX (858) 350-2707 www.icwgroup.com Subdivision Bond (California) EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND Bond No.: 216 95 71 Premium is included in the Performance Bond. Whcreas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated TBD, 2006, and identified as project University Park, Tract 16509-6 is hereby referred to and-made a part hereof; and Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe Civil Code of the Slate of California. Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Twenty-Seven Thousand and nollOO dollars ($ 127,000.00 ), 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 attQrney'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 by fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June, 12, 2006. Attest or Witness: (".)~\:~ c..o. -_~-_ ~ By: By: eal) \ CA-ICW 47 (7fOO) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT _':;.c'_'~;:..,i~,' '~~'Cc->~-:-::::<~A:~:':r.::~ "-, ',-' ~.-:".~'b:<i"',>> ',;~-. '-~..;::':_"'::'~_;:-:~~E~<:F,!~<','(::,~:<<:<:~-:::":>G: .:C{_'::</__~;:(_ .~_-,-c, , State of California County of ~ On -J'11\.J1 Il"; 2DDi.., Dale before } ss, me, ~lLM.... rllaVfh I\\^-b.r~~~(.. Name and Tille ot Officer (e,g, ,.lane Doe, Nota ublic") do..~~ t<,. WCl.hM Name(s) of Signer(s} personally appeared ~personally known to me Je- - - - :=~:;31- f 1" NolQry PuIlIIc . ~ S Orange CounIv - _ _ _ ~:,,:m:.~_~2~~ 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 behaif of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I Title or Type of Document: l 1100 r a..~ Document Date: JIAN I'll 2..00lD Signer(s) Other Than Named Above: ---=r ~,<e2:.GL J C\c.k.s~ M.~tedo.l ~~ JB,~ND. 2J1t Q'5 1-1 Number of Pages: \ Capacity(ies) Claimed bR. Signer(s) Signer's Name: .J...'l'A.e~ ,~<l\+>'''''' o Individual o Corporate Officer - TiUe(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator ~ Other: M/Jl~r~N1I''''''''r Signer Is ep enllng: _ 1lj\'i,rnif.y Par,,",! Lf' Top of thumb here Signer's Name: o Individual o Corporate Officer - TiUe(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: @2004National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ,- STATE OF California COUNTY OF Los Angeles ] On June 12, 2006 , before me, Carl C. Hossli, Notary Public (here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact personally known to me (or 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/shelthey executed the same in hiSlher/fheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument fhe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~e.. h......l~ (SEAL) ~..._-_.-_------ @ CARL C. HOSSLl _ . Commission' 1393807 ~ ~ ,-'" Notary Public - California f ~ . Los Angeles County f MyComm.ElCpiresJanl4.2lXl7 ------------- This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Subdivision Payment Bond - #216 95 71 TITLE OF TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL One I!"i ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES June 12, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME. OF PERSON(S) OA ENTITY(IES) INSURANCE COMPANY OF THE WEST UNIVERSITY PARK, LLC SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12105) ALL-PURPOSE ACKNOWLEDGEMENT No. 0004142 ICW GROUP Power or Attorney Insurance Company or the West The Explorer Insurance Company lndependence Casually and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West. a Corporation duly organized under the laws of the State of Cali fomi a, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the bws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint TERESA I. JACKSO'l. CARL C. HOSSLI, CINDY K. HENRY, DOUGLAS H. JUDSON their true and lawfill Attomey(s)-in-Fact with authority to date, execute, sign, seal. and deliver on behalfofthe Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. in witness ~vhereot: the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. ~ \"_SU"4 ~ of1,'OIl.. ~ 6" (.; "'.... ,~,' ~: SEAL nl: ?"., ~.O" ,.~ ,~~ ,".. ., "ON'" _ .~ If./. ..~ :.,(.,,\:r\' _\..\"(; ...'!'" 'I;.. '<: v .... ~ ?; 'j' 'S.... ... '...' <It, a ",I <iI".....VJ ~ ..':- INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Q,i ,.'. (J i-~ John H. Craig, Assistant Secretary John L Hannum., Executive Vice President State of California County of San Diego On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instnlnlent. } >S. Witness my hand and official seal. FRANCIS FAFAUL I COMM.#~ 8 ~:1'~00UN1V !I ~"'.. IS. . ~ Francis Fafan!' Notary Public RESOLUTIONS This Power of Attorney hi. granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: 111at the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute., sign, seal., and deliver 011 behalf of the Company, fidelity and surety bonds., undertakings. and other similar contracts of suretyship, and any related documents. RESOL VED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company. may be facsimile representations of those signatures and seals, and such filcsimile representations shall have the same force and effect as if manually affixed. TIle facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying_" . CERTIFICATE I, the undersigned., Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked., and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies., and are now in fhll force. IN WITNESS WHEREOF, I have set my hand this 12th day of June 2006 ~~ Jolm H. Craig., Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please referto the Power of Attorney Number, the above named individual(s) and details orthe bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (85M) 350-2400. I.C.W. GROUP o INSURANCE COMPANY OF THE WEST D EXPLORER INSURANCE COMPANY D INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Executed in Triplicate Bond No. 2169572 Premium: $2604.00 Subdivision Bond Faithful Perfonnance - Public Works SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the West 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 finnly bound unto City of San Bernardino in the sum of Two Hundred Seventeen Thousand and Noll 00 DOLLARS ($217,000.00) 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, finnly by these presents. The condition of the foregoing obligatiort is such that, whereas the above bounden Principal has entered into a contract dated TBD, 2006, with the City of San Bernardino to do and perfonn the following work, to wit: Landscaping- Landscaping Maintenance for University Park Project, Tract 16509-6. NOW, THEREFORE, if the above bounden Principal shall well and truly perfonn the work contracted to be perfonned under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this 12th day of June, 2006. Principal: UNIVERSITY PARK, LLC Surety: / INSURANCE COMPANY OF THE WEST By: (\ "-. /.1' / . 1/fA~_ By: Thfe I. Jackson Attorney-in-fact CA.ICW 28 (7/00) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Lt~::~:;:f~.,~2:};.<_,;-O;:~i~ :"::~~~<" '::.'c::. -\'~_\'-~-:'~~'->~(C'_-X ';:~_':::::<~':_'<',(;;~;"~,<:G_'(::'::-:~ :~<{;:::'_(:Z'~~ .(<:,.::_:,-,~ "~< ,'i\ (~~>>' :':~,._<"::">:-'~:s;<>-S~-Q; State of California County of (:){'~ On s.h,,-~ \ to) 'UJOL., before Dale } ss. me, b(' personally appeared V().:o\.l.~ IAlak<iVl Name(s) of Signer(s) J- - - - @ --C~Wz--f $, Commllaian., 1496731 J Noqy~ -CoLnr.. f 0Iange CQny - _ _ _ ~~~:,~~2~~ pcrpersonally 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. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ;s,..\bdh~\0ioS'r\ "b~l 'P~ N~. "Z.\tJ> 'H5 '7-'l.. Document Date: ,-) U 1\A. lA, 2..00 ILl Number of Pages: \ Signer(s) Other Than Named Above: I~'(e~ 'l.Jo.c.ks..aY\ Capacity(ies) Claimed by Signer(s) Signer's Name: < \<1 flU... ((. lAl,,-h.<m o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator Ji(J Other: M. ~lIAIO (""4 M.. n\.bu- Signer Is Repiesentlng: UVI!Ili.(,.,..\-y fhxk, II C Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited D General o Attorney in Fact o Trustee o Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: @2004 National Notary Association. 9350 De Solo Ave., PO. Box 2402 . Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF Calffomia COUNTY OF Los Angeles ] On June 12, 2006 , before me, Carl C. Hossli, Notary Public (here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact personally known to me (or 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 hislher/their authorized capacfty(ies), and that by hislher/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 C (I, "L- I~ (SEAL) ~ - - - - - - - - - - - - @ CARL C. HOSSlJ - . ~., Commission # 1393807 ~ ~ ,~~... . Notary Public - COIitomiQ i ~ ~. Los Angeles County f My Coom. E>cpiresJa114. 2007 ------------ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER Subdivision Performance Bond - #216 95 72 TITLE OF TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL One ~ ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES June 12, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASQN(S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST UNIVERSITY PARK, LLC SIGNER(S) OTHER THAN NAMED ABOVE 10-1232 (REV. 12105) ALL-PURPOSE ACKNOWLEDGEMENT I.C.W. GROUP t8l INSURANCE COMPANY OF THE WEST o THE EXPWRER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY I1455 EL CAMINO REAL, SAN DIEGO, CA 92130 P.O. BOX 85S63 SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Subdivision Bond (California) EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND Bond No.: 216 95 72 Premium is included in the Performance Bond. Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated TBD, 2006, and identified as project University Park, Tract 16509-6 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred EightThousand Five Hundred and no/100 dollars ($ 108,500.00 ), 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 reasonabl~ 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 by fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June, 12,2006. Attest or Witness: (Seal) :;?o,~01w~ (CL.e'-~ By: / By: / e Atto (Seal) CA.ICW 47 (7/00) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT "'>~<. '~: ::'c~~f::"~_;~---_::::,':~<'/~-;:,,,>~~,,,<::C~~~~"%::<:(:'-:~~ '_~-"_::' ,',r. ~;_, :~..'>>~:(-.-':'~ f~-<"'{>:' <::j~~_"-\7><::-,:<~<~::.~- State of California County of O'f(l.~ On cJ\A.vu. \ l.J \ 1..00<", Dale before me, \.h'NU.~ personally appeared } ss. 'Ktl,o.ru'I."- Q~\IC:b, Nn+a.f}, P"bllL.. Name and Title of Officer (e,9.. "Jane Doe, Noler Public) R.. lJJCk:h.m Name(s) 01 Signer(s) lij' ;:.~:7~1- F HoIQIy PubIc . CcIIIclna f Olange COWlty - _ _ _ ~Comm'~""'26.~. - - - - - - - Place Notary Seal Above )<;f personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remova' and reattachment of this form to another document. Description of Attached Docurnt rul litle or Type of Document: Q b~ 0.. Document Date: Ju yu \ 1... L(\n I. M",hnoJ.. ~~,I361'v1l\h ,l.\lQ Q5t').. Number of Pages: I Signer(s) Other Than Named Above: ~ e.feSO- J~~ <>>'l Capacity(ies) Claimed by S!9ner(s) Signer's Name:.\..\ n.~ "" ~ I.!.\o.-:\-"QYI. o Individual o Corporate Officer - TI1Ie(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator \>llOther: MhiI.A3t~ M...mbu- Signer Is Representing: U 1'\., ".....1'., +y lhtk:., L.j C RIGHT THUMBPRINT OF SIGNER Top oJ 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: @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 STATE OF California COUNTY OF Los Angeles ] On June 12, 2006 , before me, Carl C. Hossli, Notary Public (here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact personally known to me (or proved to me on the basis of saffsfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hislher/their authorized capacity(ies), and that by hislher/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 t .. - ~ c.-1.L-yj.t~ (SEAL) r-----------J (t CARLC.HO~ _ . Commission # 1393807 ~ .. Notary Public - CoIIfornlo I ~ . Los Angeles County I MyComm.ExplresJclll4.2Xl7 ------------ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER Subdivision Payment Bond - #216 95 72 TITLE OF TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL One ~ ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES June 12, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST UNIVERSITY PARK, llC SIGNER(S) OTHER THAN NAMED ABOVE ID.1232 (REV. 12105) ALL-PURPOSE ACKNOWLEDGEMENT I- I No. 0004142 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: 111at Insurance Company of the West, a Corporation duly organized under the laws of the State of Cali fomi a, The Explorer Insurance Company. a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"). do hereby appoint TERESA I. JACKSO~, CARL C. HOSSLI, CISDY K. HESRY, DOUGLAS H. JUDSON their true and lawful Attomey(s)-in-Fact with authority to date. execute, sign, seal. and deliver on behalforthe Companies. fidelity and surety bonds, undertakings, and other similar contracts or suretyship, and any related documents. !11 ....\'itn~ss whereot: the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. "',.....i'.n'.~, ~ \~S;Uol?..., 4:-~ aV.POIl4~ -rc, o <;,. "'..... ;! ~: SEAL 0', '~''''1''J' ,,,,';;'~' ~ ..OH.....b /fJ. )..~ \..,!'lH ,-r-'" -I\(.; 'f;-, :t ~', \\, \.j'4.I,"." ''I i! '1'_:~llJ-::~_ .... ~ ~,. ~ 't' ~" , ~Yrl\'r )$. , ',;' # .' 1-"" INSURANCE COMPANY OF THKWEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ~~ John H. Craig, Assistant Secretary John L Hannum, Executive Vice President State of California County of San Diego } ss On August 29, 2005, before me, Francis Fafaul. Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names ace subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signattlres on the instrument, the entity upon behalf of which the persons acted. executed the instrument. Witness my hand and official seal. , FRANCIS FAFAUL I NOT~~,,#~ II SAN DlEGO~ !I ~ii"" as. . ~ Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOL VED: lllat the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and delivt:l' on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may he facsimile representations of those signatures; and the signature and seal ofany notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the fcwcgoing Power of Attorney is in full torce and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Direclors of the Companies, and are now in full force. 12th d f .yo IN WITNESS WHEREOF, I have set my hand this June 2006 ~~ John H, Craig, Assistant Secretary To verify the authenticity ofthis Power of Attorney YOIl may call1-~00-877.1111 and ask for the Surety Division. Please refer to the Power of AttomeyNumber, the above named individual(sl and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, JCW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (1<51<) 350~2400. I.C.W. GROUP [8J INSURANCE COMPANY OF THE WEST D EXPLORER INSURANCE COMPANY D INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 P.O. BOX 85563, SAN DIEGO. CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 wWw.icw2roun.com EXECUTED IN TRIPLICATE BOND NO. 2169570 PREMIUM S 194.00 MONUMENT BOND WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires 10 record a fmal map for the development identified as: University Park, Tract 16509-6 (Unit 6 - Lots 106 through 159). 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 "Developer" wishes to have the interior monuments set after the time the map is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments. NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of$ 16,200.00 (Sixteen Thousand Two Hundred and No/lOO Dollars), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The conditions of this obligation is such that if the monuments are set on or before TBD, 2006 and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the amount of deposit specified above, it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anyway affect 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 WHREROF, this instrument has been duly executed by the principal and surety above named, on June 12,2006. UNIVERSITY PARK, LLC By James R. Watson, Managing Member INSURANCE COMPANY OF THE WEST \ a . Jackson Attorney-In-Fact j APPROVED AS TO SUFFI~~E CY: Director of Public Works CA-ICW 30 (7100) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ____CC.L._" '_;c~' :~~-;:'c;-~'-~~:~;.:~ - -~~:,,~~~_::~~:X\ < 'f" > :,_~""..:::::{:::'!,~~>~<: Q-'~(~_'~.<:'('~;:,_>=Lc~:<'-";:::~'0. ,.3(:::'::;:: {;'-:6~":~'" ,--~ State of California County of ()V'~,lJ 6 On <Ju.'i\Q 110 IlnCl. , Date before } ss Ktti Q.,~'M. c.fu1.1J~ ~ ~ Name and Tille 01 OHicer (e_g.. 'Jane Doe. Notary Pu ic") me, personally Name(s) ofSigner{s) R. WtiSffi- ~erSOnallY known to me . ~......- - 0 ......."4 l.~~ ~:"""'I# 1496731 '~'C-""n.. ~~...~ 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. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document M MJ.v'I..t- ~~ .-a ..I M Title or Type of Document: lSY\ U J Dtl D- . Document Date: Ju.'(\.L 12 I '2 M 14 Number of Pages: ';' '" I 9s-'1o I Signer(s) Other Than Named Above: -=re Cf> ~ \J0-t.\:;s,0t') Capacity(ies) Cljlimed by Signer(s) Signer's Name: \j~ f- u \11tc. (M o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator Pf Other: ~I~ ..uCrllho.r Signer Is Representing: I..(l\ivur,;"y tifi:. II r 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: @2004 National Notary Association. 9350 De Soto Ave. P.O Box 2402. Chatswotih, CA 91313.2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF California ] COUNTY OF Los Angeles On June 12, 2006 , before me, Carl C. Hossli, Notary Public , (here insert name and Me of the officer), personally appeared Teresa I. Jackson, Attorney in Fact , personally known to me (or 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 hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WtTNESS my hand and official seal. Signature ~d~_~...L (SEAL) ~ - -..- - :O~i~~~7- J ~ (i Notary Public - CaIlfomla ~ i . Los Angeles County t .. ' MyComm.ExpiresJCIl14,2007 ~ - - - - - - - - - - This area far Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER Monument Bond TITLE OF TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL One ~ ATTORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S} o GUARDIAN/CONSERVATOR o OTHER: June 12, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT1TY(lES) INSURANCE COMPANY OF THE WEST UNIVERSITY PARK, LLC SIGNER(S) OTHER THAN NAMED ABOVE 10-1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT l--- I No. 0004142 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State orCaJiComia, The Explorer Insurance Company. a Corporation duly organized under the laws of the State of Arizona. and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint TERESA I. JACKSON, CARL C. HOSSLl, CL'lDY K. HENRY, DOUGLAS H. JUDSON their tme and lawful AtlOmcy(s)-in-Fact with authority to date. execute, sign. seal. and deliver on behalf of the Companies. fidelity and surety bonds, undertakings, and other similar contracts of suretyship. and any related documents_ [n witness whel'~'ot~ the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. \Mfill,l1 ~~ iIoPOR' 4." q;.....o 4J" (l ".) f",fl',' ;~: SEAL n!: .,..... 11' ~o, ~ ""J' .... 4:" ./J: - OH".",~ ~J ~~ -\\,.., ,.~ j' ,",/, ~ ; - ~ Y' { '1 a '", 'rtVI )J. "V'J ,tot.. -\' ~ ,/ ~ " 'j" ...'$ )00::- INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ~ii/~_____ CI " -0- John H. Craig, Assistant Secretary John L. Hannum, Executi ve Vice President State of Cali fomi a County of San Diego } 55 On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and John H. Craig, personally knov.m to me to be the persons whose names are subscribed to the within instrument. and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. . FRANCt8 FAFAUL I ~~t~SI SAN D1E~.~ !I ~~'iiEi": ~ Francis Fafau!, Notary Public RESOI.UTIONS This Power of Attorney i$ granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED' 111at the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute. sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings. and other similar contracts of suretyship. and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment. may be facsimile representations of those signatures: and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTlFICA TE I, the undersigned. Assistant Secretary ofTnsurance Company of the West, The Ex.plorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards ofOirectors of the Companies. and are now in filII force. SS . h. 12th d June 2006 IN WITNE WHEREOF, I have set my and thiS ayof John H, Craig, Assistant Secretary To verify the authenticity (If this Power of Attorney you may call1--S00-877-1111 and ask for the Surety Division. Please refer to the Power of AttomeyNumber, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego. CA 92130.2045 or call (H5H) 350-2400.