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HomeMy WebLinkAbout16-Development Services ., CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION e From: Valerie C. Ross, Director e e Dept: Development Services Date: April 25, 2007 File No: TR 17704 Subject: Resolution approving Final Map for Tract No. 17704 located between Sierra Way and Waterman Avenue on the north side of 3'd Street. MCC Date: May 21, 2007 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. y duJJJ 6.1211V' Valerie C. Ross Contact Person: Michael Ackerman Envineerinv Associate Phone: S90? 1 Supporting data attached: Staff Report, Reso & Maps Ward: FUNDING REQUIREMENTS: Amount: N/ A Source (Ace!. No.) N/A (Ace!. Description) N/A Finance: Council Notes: S/:J.ljlJ7 Agenda Item No. J' e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Backl!round: On January 10,2006, the Planning Commission recommended the Mayor and Common Council approve General Plan Amendment No. 05-12 to amend the General Plan Land Use Designation from CO-I, Commercial Office, to CG-2, Commercial General, for Tentative Tract No. 17704, to creat a one-lot condominium subdivision, and Conditional Use Permit No. 05-17, to construct 12 three story live/work residential units. This site is located on the north side of 3rd Street, approximately 240 feet east of Sierra Way. On February 21, 2006, the Mayor and Common Council adopted Resolution No. 2006-64 per the Planning Commissions recommendation on January 10, 2006. The Final Map of Tract No. 17704 has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, staff recommends that the Final Map for Tract No. 17704 be approved. e Financial Impact: There is no financial impact to the City. Recommendation: Adopt Resolution. e 2 e e 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17704, LOCATED BETWEEN SIERRA WAY AND WATERMAN A VENUE ON THE 4 NORTH SIDE OF 3RD STREET IN THE CG-2, COMMERCIAL GENERAL LAND U~ DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID 5 MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF 6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 10 17704, located between Sierra Way and Waterman Avenue on the north side of 3'" Street in the 11 12 13 14 15 16 CG-2, Commercial General land use district, together with the provisions for their design and improvement, is consistent with the General Plan of the City of San Bernardino. SECTION 2. The City Manager is authorized on behalf of said City to execute the standard form Subdivision Improvement Agreement with Meadowbrook Park Loft, LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by Title 17 18 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time 19 for performance is as specified in the Agreement. 20 Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services 21 of the City of San Bernardino. 22 23 24 Bernardino hereby accepts as public property all dedications within the subdivision as shown on SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San 25 said Tract Map for streets, alleys (including access rights), drainage and other public easements. 26 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the e 27 28 n&-. /{p 5/;l-/ /07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 e e RESOLUTION...APPROVING THE FINAL MAP FOR TRACT MAP NO. 17704, LOCATED BETWEEN SIERRA WAY AND WATERMAN AVENUE ON THE NORTH SIDE OF JRD STREET IN THE CG-2, COMMERCIAL GENERAL LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME .. FOR PERFORMANCE SPECIFIED. Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. The City Clerk shall certify 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. ili 16 17 18 19 20 21 22 23 24 25 26 27 28 2 e e e 1 2 3 4 5 6 7 8 9 10 11 RESOLUTlON...APPROVING THE FINAL MAP FOR TRACT MAP NO. 17704, LOCATED BETWEEN SIERRA WAY AND WATERMAN AVENUE ON THE NORTH SIDE OF 3RD STREET IN THE CG-2, COMMERCIAL GENERAL LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 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, held on the _ day of ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 16 17 18 19 20 The foregoing resolution is hereby approved this KELLEY JOHNSON MC CAMMACK City Clerk day of ,2007. 21 22 23 24 25 26 27 28 Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN, City Attorney ?f I/e..- 3 Exhibit A e AGREEMENT (Subdivision Improvementsl ", HIS \GRFEdENT is made and entered inte as of thi, day 01 .. . " 2007, by and between the CITY OF SA,"I BERNARDINO, " \lunicipal . Corporation. h . ~inafi"J referred to as "City," and Meadowbrook Park Loft, U I', hereinafter referred to as "Subdivider." RECITALS A. WHERE'\S, Subdivider has presented to c"ity for approval a final subdivision map (hereafter called "map") entitled Tract Map 17704; and, B. WHEREAS, the map has been filed with the City for presentation to the Cit) Cc>uncil (hereinafter called "Council") of the City for its approval, which map is hereby e referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map pnor to the construction and completion of improvements, including, 1 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 I 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 intu and execute this Agreement with the City; and, Ie E. WHEREAS, This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of Cali fomi a and Title 19 San Bernardino Municioal Code. I e K'OW THEREFORF. for and in cons; :<:ration of ':,C appro va; of the map and of the acceptan e of the dedications, or some thereof, therein offered and in order to insure satisfactory perfonnance by Subdivider of Subdivider's obligatims under said Subdivision Map Act and said Ordinance, the parties agree as follows: .. . 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workm~illlike 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 Spedications 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. e 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 sho\\ll upon the Plans and Sr'.cifications therefor. heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement, The City e Engineer shall be the sole and final judge as to whether or not good cause has been showll to entitle Subdivider to an extension. 2 e e e 5. Repairs and Replacements. SubdiviJ~r shall replace, or h~. .pb;~c. ;r repair. .or have repaire' as the case may be, all pipes and monuments shaw: "n the map which have been destioyed .or damaged, and Subdivider shall r~plaee. 0r k1\'e replaced . - repair, .or have repaired, as the case may be, .or pay ta the cmner the entire cast of replacement .or repairs, of any and all propel1y 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 Califarnia, or any agency .or palitical subdivision thereaf, or by the City, .or by any public or private corporation, or r-y any person whomsoever, or by any combination .of suer ;)wners. Any such repair or replacement shall be ta the satisfactian, and subject to the approval, .of the City Engineer. 6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, priar 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 corporatian involved, to the effect that Subdivider has made all deposits legally required by such public utility carporation for the connectian .of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Campliance 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 Subdi\'ision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory ta the City Engineer on the work at all times during progress, with authority ta act far Subdivider. 3 9. Insl'.c.::. .n by Cit\'Ul'. I:!' at ;;ll tim~5 mair.tai.. p'Op"1 facilities an.j e No\'ide safe access for insp,,~tion by City tc. .:, "arts of the ,. "rk a'1ci to the "ilaps \\h~rein th~ W(lrJ.; ;s in rreparation. 10. . - Contract Security. ConcurrentI).. ith th~ execution hereot. Sul.,divider shall furnish to City improvement security as follows' (a) An amount equal to at least one hundred per~ent (100%) of the total estimated cost of the impro\'ement and acts to be performed as security for the faithful performance of this Agreement (b) An am(lunt 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 e Agreement; and, (el 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 (>f 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 su:cessfully 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 e 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 tit : J. ~\'. ~Jividt(s lIJ';~:'_!l1L\~. ":.Ibd;.. ider shall not commence work under this \gc,em, .. l':Hi' SL',di-:":er ,::, : ha', obtained all in~urance required under this paragraph. :ind s'lch ins:Jr:lnce shall have been apiTO\'ed by Cit)' Attorney as to fonn, amount and carrier. .. . nor shan Subdivicl-: allow any contractor "r subeontractor to commence work on his contract or subcontract until all similar insL"ance required of the contractor or subcontractor shall have been so obtained a; ,d approved. AU requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance cam er. (a) Worker's Compensation Insurance/Emplover's Liabilitv Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all tit 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 ,hall 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 tit such insurance. (b) Public Liabilitv and Property Damal!e Insurance, Subdivider shall take out and 5 . maintain, during th~ life of this Agreement. such public liability and property damage insurance as shall insure City, its elec':i'.c a"d appointive hoa~ds, commissions, ofticers, agents and employees. Subdi\ ider and any contr"ctor or subcontractor performing work covered by this Agree'llent from claims for damages for personal injury, (a< defined hereunder), including death, as \..ell as from claims for property danlage or product liability which may arise from Sebdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit for each person, in an amount not less than One Million Dollars ($ I ,000,000.00) on account of aily one occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1.000,000.00) JUr damage to the propel1y of each person on account of anyone occurrence. In the e\ ~nt that any of the aforesaid :nsurance policies provided for in this P:rragraph II insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of . . 6 e e e cross-liability endorsement, insuring on .' :ch poli,. City "" electiye and appointive boards, commissions, officers agents and emplo\'ees. Subdivider and any contractor or subcontractor p~rforming work cover~d by this . . Agreement. (3) Tail Coverage, Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy, If the insurance policy is written on a "claims made" policy, then additional coverage. entitled "tail coverage" must be purchased to cover a period of one (I) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Iniurv - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental-suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereot: with satisfactory evidence of the insurance required, and evidence th3t 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 giye City at least ten (10) days prior "-Titten notice of the cancellation or reduction - 7 e in coverage of any policy during the elTectl\t peri '. ,)1' this ,. ~reem~nt. 13. Hold Harmless:InJenmification. SubdiviJ,'.{<)'Oeveloprr\s) hereby agree to and shall protect, defend, indemnif: ,. ,d hold the City and It, electiH ~. ,] appointive boards. .. . commissions, officers, agents, employees and servants free and harmless from any and all liability losses. damages. claims, liens, demands ane cause of action of every kind and character including. but not limited to, the amounts of judgments, pen:,ities, interests, court C0StS, attorney" s/1cgal fees, and all other expenses incurred "y the City arising in favor of an, 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 enumerall'n, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or e 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 al:ing 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 traudulent, ~ubdivider 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: e (il) 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 -- ----- ----.--.---- I e :...:ccep' Jnc... r 'it,. or b, dep.,. ,it \ .,', Cty b, Subdivider, t' any of the ;ilsurance p"li~ies described ;, Parogr..-,ph II ht'reof (t' That the a;:,'iesaid hold harnlless agrt'el11ent by S tbd:vider shall apply to ali .. . damages at;. claims for damagv : every kind suffered, or alleged to have been _uffered, 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 th~ City or to enlarge in any way the Subdivider's/Developer's e liability but is intended solely to provide for indenUlification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance b~reunder. 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 Specitications referred to herein, Subdivider shalL e without delay and without any cost te City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or ~tructure. Should Subdivider fail to act 9 e i' ,mpll) or in ai:Llrdal";,' with this requirement, or shoull the exig~ncie5 of the situation ;IS j_l~mlined by the r- 't)' i: ,he exercise of its sole discre:il)n require rerair. replacement or I' ~onstruction before the Subdiyider can be notitied, City may, at its option, make the , ,~cessar~ repails or replacements ('1 perfonn the net ;sary work, and Subdiyider shall rcy to the Cit)' thc actual cost of such repairs plus fifteen r~rcent (15%), 16, SubdiyiJcr Not Agent of Citv, Neither Subdivider nor any of Subdhider's "g~nts or contractors are, or shall be, considered to be agents 0:' City in connection \\'ith the perfonnance ofSubdiyider's obligations under this Agreement 17. Cost of Engineering and Inspection, Subdiyider shall pay to City the costs of all ,'c'lnit 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 completi('1' 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, Cit)' Engineer or City Council may serve written notice upon Subdivider and subdiyider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: Perfonnance 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 e e 10 e serving UpO:l of such notice of breach, dc<c~ 11' l give Cit)" ,tten notice of its intention to take o\":r Ihe performance of the contract. and does not commence performance thereof within five days after notice 10 Cil) of such election, City may take over the \\ llrk and prosecul~ the same .. . [; wmp!etion, by contract or by any other method Cit) may deem advisable, for the account and al the expense of Subdivider, and Subdivider's surety shall be liable to City for ~i1:' 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 nece,sary therefor. 20. Notices, All notices herein required shall be in \\-TIting, and delivered to person or sent by registered mail, postage prepaid. e (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 tll be given to Subdivider shall be addressed as follows: Meadowbrook Park Lofts, LLC 10702 Hathaway Drive, l'nitl, Santa Fe Springs, CA 90670 (c) Notices required to be given to surety of Subdivider shall be addressed as follo\\s: Provided that any party or the surety r.lay change such address by notice in writing to the e 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 11 . . 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 e 1 benefit of ClC!' .1f the p:mies and their resp~~tin "-'<'"i rev.",-, " les, succes-,'rs, h,';", and 2' assigns, IN wn \ESS WHEREOf. the partie~ hereto ha\e eX(;lcned thj,,'\gr,,'nJem of the dw and year first above written, ATTEST: City Clerk Approved as to form: JAMES F, PENMAN, City Attorney, Btf= )-1.___ 12 By: .. . CITY OF SA", BER!< \RDINO By: - Fred Wilson, Cit) Manager SUBDIVIDER: By: ~~/ e j;\~ rRUCTI',''\;S If the '. :bdividcr is ~, cOE,\ration. i:~e AgI' ,menr 1I1e.' ~'e executed in the corporate name and signea by Ihe President (I~ a \cc-~)reside11l and the Secretary vr .~"istant . - SeCi~tary. and the Cf"rpor. . seal affi'.d. If the Sl'bdivider is a partnership, it ".ust be signed by all partners. If the sc. ,!j"ider i,.. individual doing business under a fictitious name, it must be signed by all perso.1S having .m interest in the business, an... the fictitious name must be signed also. The Agreement must be notarized. j' I STATE OF CALIFORNIA ) I ) ss. COlJNTYOF i051.J!voU CS) On this /:; +J. day of JJ10 , :20C -+, before me, the undersigned, a Notary Public in and for said Cou ty and State, personally appeared e personally know to me (or proved to me on the basis of satisfactory evidence) to be the President, and ()fC'i2.hf 7C!2D 1.l^.J personally known to me (or proved to me on the basis of satisfactory evidence) to be the /r'V. (lc1. ~ e.I/" of the corporation that executed the within instrument, and know to me t be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that ~." h corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Dire. lors. WITNESS my hand and otlicial seal. A-! ex/{tr ~i; ~ if . (This area for official seal.) Ii)' i:;1E~~. f lei AnQIIeI COUlly - ~ _ _ ~~&pn.Marll.~ ------ e 13 T pgg American Contractors Indemnity Company J�-�T.�.V l LA 9841 AIRPORT BOULEVARD,9TH FLOOR,LOS ANGELES,CA 90045 (310)649-0990 MONUMENTATION BOND THE PREMIUM IS PREDICATED ON FOR SUBDIVISIONS THE FINAL CONTRACT PRICE AND 233557 BOND NO.: 1S SUBJECT TO ADJUSTMENT PREMIUM: $125.00 KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Meadowbrook Park Loft's,LLC hereinafter called SUBDIVIDER,is the developer of that certain subdivision known as Street Improvements (Off Site) ; and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and American Contractors Indemnity Company 9841 Airport Blvd.9th Floor Los Angeles,CA 90045 (Legal Title and Address of Surety) as Surety,are held and firmly bound unto the City of San Bernardino in the penal sum of Two Thousand Five Hundred Dollar's and 00/100's Dollars ($ 2,500.00 ), 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 February 5 120 07 Principal Surety Meadowbrook Park Loft's,LLC American Contractors Indemnity Company By: By J lia B.Leonard,Attorney In Fact -- Attorney-in-Fact HCCSCA685B10/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On FEB 0 5 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD Name(s)of Signer(s) ® 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 _ his/her/their authorized capacity(ies), and that by his/her/their VK MLLE M QUALLS signature(s) on the instrument the person(s), or the entity upon CGt;1M. ##1704204 m behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA }fir RIVERSIDE COUNTY m;,Comm.Expires Nov 11,2010 J WITNESS my hand and official seal. Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator - . ❑ Guardian or Conservator - ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 BOND NO. 233557 American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark N.Gladding,Kenneth A.Coate or Julia B.Leonard of Riverside,California its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf 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 $ ***1,000,000.00***Dollars 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 Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 61h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time, any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certifcate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified byjacsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15th day of December,2003. (TokS AMERICAN C NTRACTORS INDEMNITY COMPANY r 3 INCORPORATED a, SEPT.26,1M --v By: p Robert F.T omas,Chief Executive Officer STATE OF CALIFORNIA •G.�-`• § COUNTY OF LOS ANGELES!` § On this 15th day of December 2003, before me, Deborah Reese, a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REESE _ Commission#1406149 �✓`� e Gc�- Notary Public-California Signature of Notary L(M Angeles County My Commission expires March 18, 2007 Comm.Expires Mar 18,2w I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 5th day of February 12007 . oAi wt Bond No. 233557 Jeann J. Kim,Co orate Secretary Agency No. #2055 Rev.POA 12/15/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ci I State of California County of LOS ss. fE 3 2 CCU �— g Y 1 v ti-c A -1 On before me, Date Name and Ttle of Officer(e.g.,"Jane Doe,Notary Public') personally appeared C7 o iZG E 70 2 73 A Name(s)o igner(s) ' personally known to me ❑ proved to me on the basis of satisfactory X evidence I to be the person(s) whose name(s) is/afe subscribed to the within instrument and MONICA I.LOPEZ acknowledged to me that he/sNef#ey-executed S Commission# 1558120 the same in his/iefl�eif authorized hlotary ission -California capacity(ies), and that by his/he#their signature(s) on the instrument the person(s), or Loa Angeles County My Comm Expires Mar 11,2 the entity upon behalf of which the person(s) acted, executed the instrument. j„I ( WITN SS my hand and ffic' seal. 'l SigmMure of Notary P lic I 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: h Document Date: Number of Pages: �s Signer(s)Other Than Named Above: ) Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here tJ ❑ Corporate Officer—Title(s): ( ❑ Partner—❑ Limited ❑General i ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ,I Signer Is Representing: fi 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 AAmerican Contractors Indemnity Company 9841 AIRPORT BOULEVARD,9TH FLOOR,LOS ANGELES,CA 90045 (310)649-0990 BOND NO. 233556 PREMIUM : PREM I UM INCLUDED IN THE PERFORMANCE BOND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS,That we, Meadowbrook Park Loft's,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 Eight Thousand Five Hundred Dollar's and 00/100's DOLLARS($ 8,500.00 ) 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 , for Street Improvements(Off Site) 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(1)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 February , 2007 Meadowbrook Park Loft's,LLC Principal By: AME/ CAN CONTRA T IfS,INDEMNITY COMPANY Byy Julia B.Leonard, Attorney-in-Fact i �,v..,� •..- .,,�-„--�-.�,� ��. ._ate,...: �.� ...n�,w��..,,.�,��, ,�., �,,�<�,�..�.•� HCCSZZ222B06/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE FEB 0 5 2007 On before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD Name(s)of Signer(s) ® 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 his/her/their authorized ca aci les and that b his/her/their ivllCNELE= M. QUALLS p tyC ), Y 4.- . COMM. #1704204 signature(s) on the instrument the person(s), or the entity upon NOTARYPUBLIC-CALIFORNIA Ln behalf of which the person(s) acted, executed the instrument. EWE� - RIVERSIDE COUNTY My Comm.Expires Nov.11.2010 WITNESS my hand and official seal. r` Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator • ❑ Guardian or Conservator • ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 BOND NO. 233556 American Contractors Indemnity Company 9841 Airport Blvd.,9`"Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark N.Gladding,Kenneth A.Coate or Julia B.Leonard of Riverside,California its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf 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 S ***1,000,000.00***Dollars 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 Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6`h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority I. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time, any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`h day of December,2003. `. ETORS AMERICAN C NTRACTORS INDEMNITY COMPANY 3 IN(ORPOIAED SE PL 16,1991 c By o Robert F.T omas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 15`h day of December 2003, before me, Deborah Reese, a notary public,personally appeared Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REEgF _ rmbsion#1406149 Notary Publb-Callomlo Signature of Notary lm t.ngeles County My Commission expires March 18.2007 MY Comm.ExpIres Mar 18 2007 I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 5th day of February ,2007. Bond No. 233556 J J.Kim,Co orate Secretary eann Agency No. #2055 Rev.POAl2/15/03 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ZO-S �fU EL C 5 i On t6 rrr� /�, �� before me, ILIC�JU/(,I Date Name and Title of Officer e. g.,"Jane Doe,Notary Public" personally appeared ��-f? E �1J 1 ) i Name(s)��of Signer(s) ['personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc- subscribed to the within instrument and Y acknowledged to me that he/sheAhey executed — N-1C- A Pr 7 the same in his/4erkheir- authorized Commission# 1558120 capacity(ies), and that by his/herM"k NoLei tary Public -California signature(s) on the instrument the person(s), or Los Angeles County the entity upon behalf of which the person(s) y Comm.Expires Mot 11 2 acted, executed the instrument. `S I WITN SS my hand and offic' I seal. r I Signatur of Notary Pu ?D 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. X11 i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator t ❑ Other: ,? Signer Is Representing: �s l 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5107 Reorder:Call Toll-Free 1-800-876-6827 American Contractors Indemnity Company Jl�lVli�r J 9841 AIRPORT BOULEVARD,9'FLOOR,LOS ANGELES,CA 90045 (310)649-0990 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND BOND NO. 233556 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Meadowbrook Park Lofts, LLC That we, ,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 Surety,are held and firmly bound unto the City of San Bernardino as Obligee,in the penal sum of Seventeen Thousand Dollar's and 00/100's ($ 17,000.00 )DOLLARS, for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas,the above-named Principal,has entered into an agreement which is made a part of this bond,with the City of San Bernardino ,State of California,as Obligee,for the designated public improvements in the subdivision identified as Street Improvements(Off Site) ,as required by the Government Code of California. 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 to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now,therefore,said principal and the undersigned,as surety,are held firmly bound unto the City of San Bernardino 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 for material fumished 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 Meadowbrook Park Lofts, LLC. in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation 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 2/5/07 PRINCIPAL: Meadowbrook Park Lofts, LLC SURE American Contractors Indemnity Company Julia B. Leonard, Attorney-in-Fact J�'�, CA466B06i05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On rte '� � 1 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD Name(s)of Signer(s) ® 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 ri acknowledged to me that he/she/they executed the same in - � 1 ,;cLE Ui. QUALLS his/her/their authorized capacity(ies), and that by his/her/their w CO3AM. t#1704204 � signature(s) on the instrument the person(s), or the entity upon RIVERSIDE COUNTY � Y P !1y Cormn.Expires Nov.11,2010 behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator • ❑ Guardian or Conservator • ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 BOND NO. 233556 American Contractors Indemnity Company 9841 Airport Blvd.,9`h Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark N.Gladding,Kenneth A.Coate or Julia B.Leonard of Riverside,California its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf 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 S ***1,000,000.00*"Dollars 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 Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6`h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`h day of December,2003. ETD��yo AMERICAN C NTRACTORS INDEMNITY COMPANY �3 INCORPORATED SEPT.26,19" v By: ?y o Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 15`h day of December 2003,before me, Deborah Reese, a notary public,personally appeared Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REESE Commbslon#t 14 lotni jhl,�o e(�--� Notary PubNc-C County a Signature of Notary Loy Angela:County My Commission expires March 18,2007 emy Comm.Expires Mar 1 S,2007 I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 5th day of February �2007. Bond No. 233556 Jeann J.Kim,Co orate Secretary Agency No. #2055 Rev.POA 12/15/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c� State of California ss. County of C,uS �N F S On before me, Mf)AJr a �i�i A)O ley dt�A&, Date Name and Title of CArcer(e.g.,"Jane Doe.Notary Public") personally appeared /?G E 70, NameO t Signer(s) I ;'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe- subscribed to the within instrument and acknowledged to me that he/slai@Ahey executed -- f M I.LOPEZ the same in his/lwf4he4 authorized CommWIOn # 1558120 F capacity(ies), and that by his/faerftheir Notary PubNc-Caltfornia signature(s) on the instrument the person(s), or LMAngeles County the entity upon behalf of which the person(s) ?,S Mycomim.Expkw mar 11,20o4 acted, executed the instrument. WIT S my hand and o ici Signature of Notary Public t i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent f fraudulent removal and reattachment of this form to another document. , Description of Attached Document Title or Type of Document: Document Date: Number of Pages: �h�I �s Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: �s -- ❑ Individual Top of thumb here R ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ��5I Signer Is Representing: i ©1999 National Notary Association-9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402-www.NahonalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 O American Contractors Indemnity Company Subdivision Improvement Bond 0-M MA6, g THE PREMIUM IS PREDICATED ON Bond No. 233556 THE FINAL CONTRACT PRICE AND 'S SUBJECT TO ADJUSTMENT Premium$ 1,700.00 KNOW ALL MEN BY THESE PRESENTS: That Meadowbrook Park Lofts,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 Thirty Four Thousand Dollar's and 00/100's ($ 34,000.00 ), for the 1. 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 OBLIGATION IS SUCH THAT Whereas,the Principal on entered into an Agreement with the Obligee wherein the Principal agreed to complete the following improvements: Street Improvements(Off Site) 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 t conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1)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 February 5 2007 Meadowbrook Park Lofts,LLC Anterican Contractors Indemnity Company Principal By D Julia B.Leonard,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On DEB 0 5 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD Name(s)of Signer(s) ® 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 ~ - his/her/their authorized capacity(ies), and that by his/her/their _ Iv���y°-�-E 1 04204 signature(s)natures on the instrument the person(s), or the entity upon COs11IM. #1704204 9 ( ) ty p `Z NOTARYPUBLIC-CALIFORNIA behalf of which the person(s) acted, executed the instrument. RIVERSIDE COUNTY My Comm.Expires Nov.11,2010 WITNESS my hand and official seal. Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 BOND NO. 233556 American Contractors Indemnity Company 9841 Airport Blvd.,9`°Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark N.Gladding,Kenneth A.Coate or Julia B.Leonard of Riverside,California its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf 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 S ***1,000 000.00***Dollars 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 Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time, any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`h day of December,2003. CTotS/% AMERICAN C NTRACTORS INDEMNITY COMPANY 3 INCORPORATED �? �, SEPT.26,1990 -� B Y o Robert F.T omas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 15`h day of December 2003,before me, Deborah Reese, a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REESE p CommYgon#�1406149 z 11/ (/? ✓j e��—� Notary P ub0c-CaRfomla 5 St nature of Notary Lw MsCounty g Y My Commission expires March 18,2007 pow I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 5th day of February 12007 . Bond No. 233556 Jeannk J. Kim,Co orate Secretary Agency No. #2055 Rev.POAl2/15/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT }}���,�=c:,c�,e�::LAC-,U.:.E�.t,-t-c�,�-�;c�c�>::E`C<;�l�cC>c�>c�'.c`�'G'�:,cC`cC',cC'.cC`.c"C'.G'�;�!`.crc`�',�b,��•6�• �='•�-, State of California ss. County of Los r �� x'CSC? /�Dti; 1! z �c—iJ t, 1'J ,31 tc �5 On , before me, / Y �l Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") `> personally appeared f Name(s)of Signers) iol/personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/afe^ subscribed to the within instrument and MONICA 1.LOPEZ he/ executed acknowledged to me that t � Corrxnlssfo� 1558120 Notary t'ubl�-California � the same in his/IteN�t�eir authorized Los Angeles County if or capacity(ies), and that by his/he#tl9eir, My Comm ExpiresHAar t t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS-my hand an Offi al seal �& Y Vqnfture of Notary P lic 61 '> 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: i Document Date: Number of Pages: Signer(s)Other Than Named Above: V Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact (- ❑ Trustee i ❑ Guardian or Conservator ❑ Other: Signer Is Representing: h - - '_=_ _ ' - ^_ '_ � � _..,�C;`ct:`cC,`cG`c<;`�-4.�t>`ct>`�^-t,`c�>cG�G�;`ct,`etSCZ�'Gi>^�.`�t'?�'•4i`�'3� 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827