HomeMy WebLinkAbout2007-162
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RESOLUTION NO. 2007-162
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
17076, LOCATED ON THE SOUTHWEST CORNER OF PEPPER AVENUE AND
RIAL TO A VENUE IN THE RS, RESIDENTIAL SUBURBAN 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.
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 Map No.
17076, located on the Southwest corner of Pepper Avenue and Rialto Avenue in the RS,
Residential Suburban 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 of the City of San Bernardino is authorized on behalf
of said City to execute the standard form Subdivision Improvement Agreement with Dynamic
Financial and Investment Services, Inc., attached hereto as Exhibit A, for the improvements in
said Tract Map as are required by Title 19 of the San Bernardino Municipal Code and the
California Subdivision Map Act. The time for performance is as specified in the Agreement.
Said improvements are specifically described and shown on Drawings approved and on file in
the office of Development Services of the City of San Bernardino.
SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17076,
3 LOCATED ON THE SOUTHWEST CORNER OF PEPPER AVENUE AND RIALTO
AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE DISTRICT,
4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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7 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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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
12 it within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP
3 NO. 17076, LOCATED ON THE SOUTHWEST CORNER OF PEPPER AVENUE AND
RIALTO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE DISTRICT,
4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
6 SPECIFIED.
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Conunon Council of the City of San Bernardino at a j oint regular
meeting thereof,
9 held on the 21st day of May
10
,2007, by the following vote, to wit:
ABSTAIN ABSENT
Council Members:
AYES
NAYS
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ESTRADA ~
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON ~
MC CAMMACK ~
~1J.a,.~
Ci lerk
The foregoing resolution is hereby approved this c:2iJ.,~ day of May
,2007.
Approved as to form:
JAMES F. PENMAN,
City Attorney
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2007-162
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this 21 st day of May, 2007, by
and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter
referred to as "City," and Dynamic Financial and Investment Services, Inc., hereinafter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 17076; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, 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.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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L___
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 improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
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,
adeq~ate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(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 ofthe Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor( s) and
subdivider(s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider( s )/Developer( s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor of any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the SubdividerlDeveloper even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider'slDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach ofthis Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance ofthe contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Dynamic Financial & Investment Services, Inc.
1050 Lakes Drive, Suite 150
West Covina, CA 91790
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Scheer's West
2213 North Green Valley Parkway, Suite 101
Henderson, Nevada 89014
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
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2 benefit of each of the parties and their respective legal representatives, successors, heirs and
3 assigns.
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
~ eJvJ.. h. ~..{ ,A.ie
City erk
ARDINO
By:
Fre W' son, City Manager
City 0 San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney,
By: ~ J-~
(I
By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
)
) ss.
)
On this 25 day of Aft', 'L , 20 D7, before me, the
undersigned, a Notary public in and for said County and State, personally appeared
f/1?1J1'1 Mfln'ldn.
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or 'prov~d to me on the basis of satisfactory evidence) to be the
jJfe~/ df"11 I" of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF {os fin(Jf ks
L 11. ;f~
Notary Signature
~ - - - - - - - - - - - - ~
.. . JUAN A. RAMIREZ
_~. ."".'..., Commission # 1475039
~ . ~::f' . Notary PubUc . CaUfomla ~
~ ' , Los Angeles County f
_ ~ _ ~y:o~m:..Ex~re~M~r7.:..2~
(This area for official seal.)
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DUPLICATE ORIGINAL
SUBDIVISION MONUMENT' BOND
Bond No. CWS70942
Premium: $100.00
WBEREAS, .City of San Bernardino . . IIIdDynamic Financial &
Investment Services, Inc. (bercinafter desipated II "principalj have eotered into ID
agreement whereby principal asrees to iJIstaIllIId complete certain desirt"" public
improvements, which said agreeII1eI1t identified II ProjectTract #17076 . is
hereby referred to and made a part hereof; and
WIIEREAS, said princ:ipal is required UIIder the terms of IlIid agreement to furnish a
bond for the installation of monumentl pursuant to said agreement.
WESTERN INSURANCE
NOW,1'IIEUFORE,. we, the principalllld COMPANY . II surety, are
held and firmly bound unto thecity of San Bernardino hereinafter called ("Cityj, in the sum of
Three Thousand Three Hundred and NOli OO----doUars ($3,300.00 ), for the payment ofwbic:h
IUIIl well and tru1y to be made, we bind ourselves, OlD' heirs, 8\Jc:cessors, executors and
lIIfministrators, jointly IIId severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or "..."..\ shaD in all things stIIId to and abide by,
and well and tru1y keep and perform the wat-nation ofmo"l'''1.eIQ pur8UIDt to the said
agreement and IDy 8lteration thereof made II therein provided, on his or their part, to be kept
and performed at the time and in the rnannor therein specified, and in all respocts eccorcIiDs to
their true intent and ~ni11& and shaD indemnitY IIId save harmless City, its officers" agents and
employees, as therein stipulated, then this obligation shaD become null and void; otherwise it
sbaII be and remain in fialI force and effect.
AI a part of the obligation secured hereby and in addition to the fiu:e amount specified
therefor, there shall be included costs and reasonable expenses and fees, iDcIudins reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed II
costs and iDcIuded in any judgment rendered.
The surety hereby stipulates and agrees that DO ~ exteosion of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any sw:h change, extension of time, alteration or addition to the
tenns of the agreemeDt or to the work or to the specifications.
I.
INDIVIDUAL ACKNOWLEDGMENT
~2&~~:-: -=- -U-:'>~~f~~
State/Commonwealth of
Sa. Y\
M\~m;Cf
Be .r-l'\OJ1~"\ I'\C
} ss.
County of
On this the Q1~ day of J\'''f' \ ~O ol . before
Day.0 \_ . ~~ Year
me, ~\SC\. \ e..\ \S , the undersigned Notary
Name \'\ Notary Public ^_ \ \ '\
Public. personally appeared J't0\fl..\ 115\A.S>tlI'\ Me.. p,Y\~e....~
.. Name(s) of Signer(s)
o personally known to me - OR -
~d to me on the basis of satisfactory
evidence
\.III< WELLS
@ c......IIII., # 1691103
NOICIIY PuIllIC .. CaIIQmIa
Ian ....r...dIIlO CounIV
Mv comm. ExplNIIeP 1, 201~
to be the person~ whose name(af is/an;-
subscribed to the within instrument, and
acknowledged to me that he/",.~"lI'~i
executed the same for the purposes therein
stated.
L \ nature mrUb'iC
I Sa. S
OIher RequiIod Information (printed Name of NoIaJy, Residence, etc.)
Place Notary Seal and/or Any Stamp Above
OPTIONAL
Although the information in this section 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. Top of thumb here
Description of Attached Document
Title or Type of Document SlAh A;vi~~oYl Mol'\\..l mot"\'- bl
Document Date:Mr,ft''n. IlpOOl Number of Pages: ~
Signer(s) Other Than Named Above: Y\ [) Y\ e.
RIght Thumbprint
of SIgner
rBS_:y~...~~~~~;.l;:~~'
<<:12002 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.NationaINotary.org
Item No. 5936 Reorder: Call Toll-Free 1..800 US NOTARY (1-800..876-6827)
.'
SUBDIVISION MONUMENT' BOND
IN WIl'NBSS WHSRBOF. tbit iIaaaumIal bIa beca daly aecatod by tile lML.ciiJlllIId SIInlty
above.....- OIl March 12,2007.
.
NAME OF PlUNapAL: Dynamic Financial & Investment Services, Inc.
AUl'H0P17Im SJGNATURB(S): By.
Tide
(IF CORPORATION, AfF.IX SIiAL)
NANB OF SURETY: WESTE~ INSURANCE COMPANY
(' t!-, duu 7 If;, ""--
A11I1fOIUZBD SJONATVRB:
Caroline L. Brown, III Auo...ey-io-Flct
Tide
OF COBPORATION. AFfIX SIAL)
A'ITAafNO'J'ARJAL ACXNOWI.IIDGMBN'I' OF SlGNA7VRES OF PRJNCPALAND
A1TOJtNEY.JN-PACT.
ACKNOWLEDGMENT OF CORPORATE SURETY
County of Clark
)
)
88
STATE OFNevada
On this 12th day of
March
2222..,. be
appeared Caroline L. Brown to me personally know
being by me duly sworn. did say that he is the aforesaid officer or attol
fact of the WESTERN INSURANCE COMPANY a corporation; that t
affixed to the foregoing in8trument is the corporate seal of said corpore
and that said instrument was signed and sealed in behalf of said corpor2
the aforesaid officer. by authority of its Board of Directors; and the afe
officer acknowledged said instrument to be the free act and deed of said
tion.
My Commission Expires
In~ ltG, f~~
Notary
August 2
2010
Clark
County. ~
..
WESTER..... INSURA;,\/CE COMPANY
POWER OF A TTOR,~EY
KNOW ALL ME:-.J BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organi7cd and
existing under the laws oflhe Stale of Nevada anl! having its prinl.:ipal office at the City of Reno. in the Stale or~c"ada, does hereby
constitute and appoint
3U(330.
Caroline L. Brown
\
Orthc STATE OF NEVADA its true and lawful Attomcy(s)-in-Fact. each in their separate capacity if more than one is named above.
to sign its name as surety 10. and to c:'(cculc. seal and acknowh.:dgc any and all bonds. undertakings. contracts and other written
instruments in the nature thcreofon bchalfofthc Company in its business ofguaranlceing the lidelity of persons: guaranteeing the
performance of contracts; and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings
allowed by law.
In Witness Whereot: the said WESTERN INSlJRANCE COMPANY has caused this instrument to be sealed with its
corporate seal. duly attested by the signatures of its President and Secretary. this 19th day of June. 2006.
WESTERN INSliRANCE COMPANY
(Signed) By /,I,;J ~
(S'gned)By &/4 J./A 4
Secretary
President
STATE OF NEVADA)
SS:
.
COUNTY OF WASHOE)
On this 19'~ day of June, 2006, before me personally came DICK L ROTI+1AN, PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B. INGALLS. SECRETARY nfsaidC"Iii1o~ with both of whom I am personally
acquainted, who being by me severally duly sworn, said, that they, the sai~)'1f\.~ROTTMAN and CAROL B. INGALLS were
respectively the PRESIDENT and the SECRETARY orthe sa~'d - 'IfN lNSURA~COMPANY. the corporation described in
which executed the foregoing Power of Anomey, that they ea t c seal ol~\._~pt;Oration; that the seal affixed to said Power
of Attomey was such corporate seal, that it wa~.. so ani lft"'p~r erofthe..l3_"Jtt:);"rect~_':i'!1\!.d corporation, and that they signed
their names thereto by like order as PRESIDEN ~RETAR . r~tl~ely, oftl'u:..~Y.
My Commission expires the ~'<I ~. arch,201. J . ~O~
r.................PATR;C.'.;;.:sc:rsON....: '~R!d) - 0.. ~
!_V,*'.."''''''''''''''.''-d'''~'\ ,
i ~ ,:~.~;o~.~,'~~~-~(::~~,',~'~~'~~ i . ~ ~ Notary Public
ThIS Po;:;.~.;.~.t.;~=:;.;:.:~:~;:~&\1a~~uthonty of the lollowmg ResolutIOns adopted by the Board ofDlfeetors
of the WESTERN INSURANCE COMPAN"'1l"o~ June 19. ~006
RESOL VED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings,
contracts and other inslrum\.'Ilts relating to said business may be signed, executed, and acknowledged by person or entities appointed
as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Powcr(s) of Attorney for and
on behalfofthe Company may and shall be executed in the name and on behalfofthc Company, either by the Chainnan, or the
President, or a Vice President, jointly wilh the Secretary. under their respective designations. The signature of such officers may be
engrawd, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thc[l,:to appointing Attomcy(s)-in-Fact tor purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject
to any limitations set forth therein. any sueh Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile scal
shall be valid and binding upon the Company with respect to any bond or undertaking 10 which it is validly attached.
RESOL VED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case,
subject to the tenns and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the naturc thereot: and any such
instrument executed by such Attomcy(s)-in-Fael shall be as binding upon Ihe Company as if signed by an Executive Officer and
sealed and attested to by the Secretary orlhe Company.
L CAROL B. INGALLS. Secretary orthe WESTERN INSURANCE COMPA:\Y. do hereby certify that the foregoing is a
true excerpt trom the Resolution of the said Company as adopted by its Board of DircctoN on June 19,2006 and that this Resolution is
in full force and efTect.
,. the undersigned Secretary of the WESTERN INSL"RANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been rcvoh:d.
In Testimony Whereot: I have hereunto st:t my hand and the seal orthe WESTERN INSURANCE COMPANY on this
12th day ol~ March 2007
&/4~~ry
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF NEVADA
)
)
ss
County of Clark
On this 12th day of
March
~,b.
appeared Caroline L. Brown to me personally kno~
being by me duly sworn, did say that he is the aforesaid officer or atto
fact of the WESTERN INSURANCE COMPANY a corporation; that
affixed to the foregoing instrument is the corporate sea.l of said corpor
and that said instrument was signed and sealed in behalf of said corpor
the aforesaid officer, by authority of its Board of Directors; and the af
officer acknowledged said instrument to be the free act and deed of sail
tion.
My Commission Expires
m~{!iV><~
Notary
August 2
2010
Clark
County, J
.
r
..
WESTERc'lI:'llSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That WESTERN INSURANCE COMPANY. a corporation organized and
existing under the laws urlhe State of\"Je\aJa <1nd having ils prinl:ipul ullil.:c althe City of Reno. in the Stale of Nc\ada. does hereby
constitute and appoint
30iJi'8
Caroline L. Brown
orlhe STATE OF NEVADA its true and lawful Attoml.:y(s)-in-Fact. (,Jeh in their separate capacity if more than one is named abo\le.
to sign its namc as sun:ty to. and to execute. st:al and al.:knowkdgc any and all bonds. undertakings. contracts and other written
instruments in the nature thereol'on behalfofthe Company in ils business or guaranteeing the lidelity of persons: guaranteeing the
pcrfonnancc of contracts; and ewcuting or guarantcdng bonds and undertakings rcquin:d or pennitted in any actions or proceedings
allowed by law.
In Witness Whereof, the said WESTERN INSLJRA\JCE COMPA;-';Y has caused this instrument to be sealed with its
corporate seal. duly attested by the signatures of its Pn:sident and Secretary, this 19'11 day of June, 2006.
WESTERN INSURANCE COMPA"Y
(Signed) By i/i;J ~
(Signed) By &/4 J.,4
Secretary
President
STATE OF NEVADA)
SS;
COUNTY OF WASHOE)
On this 19'h day of June. 2006, before me personally came DICK L. ROIWAN, PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B. INGALLS. SECRETARY ofsaid'..~~. with both of whom I am personally
acquainted. who being by me severally duly sworn, said. that they, the saiirHt!.}n.:-- ROTTMAN and CAROL B. INGALLS were
respectively the PRESIDENT and the SECRETARY o[the said ' 'J~,iiNSURA~COMPANY, the corporation described in
which executed the foregoing Powcr of Attorney. that they ea the seal o'~~~ration; that the seal affixed to said Power
of Allomey was such corporate seal. that.it wa~: so ani tff'.jJy1>r er of the .t3_6't~t:iirect~.~ ~=t\!.d corporation. and that they signed
their names thereto by like order as PRESIDEN ~'t'RETAR . n..~tl'~eIY, o[t~~y.
MYCOmmiSsionexPiresthc~~. arch. 201 J' . v,O~
r................PA'iRic.,A.A..LETSON....l:ti~~~) a.. ~
!"~J0ImY"',n,;-c-:~I'."'I:'V~~... N P bl
!.~:::.:~:'::::~~.:~:::.:~~.~~j O~i '\ otary u Ie
ThIS Power of Attorney IS grante~~\1a by authonty of the [ollowmg ResolutIOns adopted by the Board of Directors
of the WESTERN INSURANCE COMPAN~o; June 19.2006
RESOL VED, that in connection with Ihe fidelity and surety insurance business orlhe Company. all bonds, undertakings,
contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed
as Attorney(sl-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) o[ Attorney [or and
on bchalf of the Company may and shall be executed in the nllmc and on bchalfofthe Company. either by the Chainnan, or the
President, or a Vice President, jointly with the Secretary. under their respective designations. The signature of such oflicers may be
engraved, printed or Iilhographcd. The signature or each orthc foregoing officers and the seal o[the Company may be affixed by
facsimile to any Power of Attorney or to any certiticatc relating thercto appointing Attorney(s)-in-Fact for purposcs only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereol: and, unless subsequently revoked and subject
to any limitations sel forth lherein. any such Power of Attorney or cl.'Ttificatc bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and ccrtitied by such tacsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOL VED, that Attomey(s)-in-Fact shall have the power and aUlhority, unless subsequently revoked and. in any case,
subject to the tenns and limitations of the Power of Attorney issued to them, to execule and deliver on bchal[ of the Company and to
attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereot: and any such
instrument executed by such Alfomey(sl-in-Faet shall be as binding Uplln Ihe Company as ifsigned by an Executive Oflicer and
sealed and altested to by the Secretary oflhe Company.
I, CAROL B. INGALLS, Secretary of the WESTERI\i INSURANCE CO~PA~Y, do hereby ccrtify that the foregoing is a
true excerpt trom the Resolution of the said Company as adoptcd by its Board of Directors on June 19,2006 and that this Resolution is
in full force and effect.
f, the undersigned Secretary of thr.: WESTERN INSL:RAl\iCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full forcc and r.:ffcct and has not ber.:n rcvoked.
In Testimony Whereol: I have hereunlo set my hand and the seal of the WESTERN INSuRANCE COMPANY on this
12th day of March . 2007. ,/1~
~/4 \;._~4
Secretary
,
DUPLICATE ORIGINAL
BOND NO.: CWS70940
INITIAL PREMIUM: $5,250.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
Tract # 17076 . Street, Sewer, and Storm Drain Improvements
KNOW ALL MEN BY THESE PRESENTS:
That we, Dynamic Financial & Investment Services, Inc. as
Principal, and WESTERN INSURANCE COMPANY . a corporation organized and doing
business under and by virtue of 1he laws of the State of Nevada and duly licensed to conduct a
general surety business in the State of California as Surety, are held and firmly bound unto
Ci of San Bernardino as Obligee, in the sum
o Three Hundred Fifty Thousand and NO/lOO..---------.......m------.........----m..........m-----_____.m
($350,000.00 ) 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, as a condition of the filing of the final subdivision map of
(Tract/Parcel) Map No. 17076 entered
into an agreement or agreements with said Obligee to complete the improvements specified in said
agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well
and truly perform said agreement or agreements during the original term thereof or of any extension
of said term that may be granted by the Obligee with or without notice to the Surety, this obligation
shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact at Las Vegas, NV this 12th day of March, 2007.
"PRINCIPAL" "SURETY"
By:
WESTERN INSURANCE COMPANY
BY:
td-tr~-' ./ ;5;.~
Caroline L. Brown, Attorney- in-Fact
.
INDIVIDUAL ACKNOWLEDGMENT
~=~~~~~~~~~
State/Commonwealth of C.u\:\-D (i\; C\
,
9x.'Y'. 1)el'y'\(A'(~;\'tO
} ss.
County of
On this the ~l-\-V\ day of
Day \
me,_l-isu tAlC', \0
Nam~jrry Public
Public, personally appeared . P -y\ n /
A~I'; \
Month
ao{)l
Year
, before
r~;": ::~:':":1
.- ...- .. CQIIOIt'6O
~ - - ~~~~~~
, the undersigned Notary
~A~'\t'\ Me\t1Y\Aez..
. ame(s) of Signer(s)
o personally known to me - OR -
o/p'roved to me on the basis of satisfactory
evidence
to be the person;.s{ whose nam~ is/life'""
subscribed to the within instrument, and
acknowledged to me that he/oh<>ttt...,\y
executed the same for the purposes therein
stated.
Place Notary Seal and/or Any Stamp Above
OPTIONAL
Although the information in this section is not required by law; it may prove valuable to
persons relying on the document and could prevent fraudulent removal and reattachment
of this form to another document.
Right Thumbpnnt
of Signer
Top of thumb here
Description of Attached Document
Title or Type of Document: .S(00~; \) '\S\ Dl\ LM~fDlle~
Document Date: MId (\ 'r\ \~)obiJmber of Pages: iJ ('m.~
Signer{s) Other Than Named Above: n 0 Y1. e.,
~=v>=v~~~~~~~~~~~""YV-~~~~~~~~~~~~~~~~
@ 2002 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.NationaINotary.org
Item No. 5936 Reorder: Call Toll-Free 1-800 US NOTARY (1-800-876-6827)
INDIVIDUAL ACKNOWLEDGMENT
~:II:"""
.....~~~----
~ -., ~-~:=.. - -~
State/Commonwealth of e.~ \ \n fr'1 ; Cl
Sa. Y\ ~ rM..-6.., l'\l)
}ss.
County of
On this the ~~daY t_ A~~~l J9.a?l ,before
me, _'L\oU \ e.. \ ~ , the undersigned Notary
Name r\ Notary Public ^ _ \ \ \
Public, personally appeared _tttN\~ "c..'^-S>t\ 1'\ Me p,Y\~e...t-
- d Name(s) of Signer(s)
o personally known to me - OR -
~d to me on the basis of satisfactory
evidence
" *lWUi
c:om..' I~.. (I '''''01
':,:......"-. ~ 1 _...
Mv~ -.....~
-- ',aol
to be the person~ whose name(ll{ is/~
subscribed to the within instrument, and
acknowledged to me that he/tlf'tl,mey
executed the same for the purposes therein
stated.
WITNESS m
Place Notary Seal and/or Any Stamp Above
OPTIONAL
Although the information in this section 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.
RIghi Thumbprint
of Signer
Top of thumb here
Description of Attached Document
Title or Type of Document: ~(\\x:,r (}I'\A M!A.~eri a.\ :Bond
Document Date: Mufr h 11.1llll1Number of Pages: ~)
,
Signer(s) Other Than Named Above: _hClYlf:
l.-~_~_._.~.Y ~.~n..:.!l!i~'W.~~w ~ _.~.~ _~J9_:>,wf ~
<02002 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402 . www.NationaINotary.org
Item No. 5936 Reorder: Call Toll-Free 1-800 US NOTARY (1,800-876,6827)
County of
ACKNOWLEDGMENT OF CORPORATE SURETY
"-"'r)
,<11(;.
v'\iJA
J'k ....
IN ~'
;!t
)
)
J
STATE OF NEVADA
ss
Clark
On this 12th day of
March
~.bl
appeared Caroline L. Brown to me personally kno"
being by me duly sworn, did say that he is the aforesaid officer or atto
fact of the WESTERN INSURANCE COMPANY a corporation; that'
affixed to the foregoing instrument is the corporate seal of said corpor,
and that laid inltrument wal ligned and lealed in behalf of laid corpor,
the aforesaid officer, by authority of its Board of Directors; and the af.
officer acknowledged laid instrument to be the free act and deed of sail
tion.
,
My Commission Expires
c..-m
V' '~\,U (~__
. Notary
August 2
2010
Clark
County, r
WESTER. 'I ['1SURA;,\/CE COMPA;'\/Y
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That WESTERN INSURANCE COMPANY. a corporation organized and
existmg under the laws of Ihe State of Nevada and ha\ Iflg lis pnnclpal onice at the City of Reno. in the Slate of Nevada. does hereby
constitute and appoint
3013(6
Caroline L. Brown
Orlhe STATE OF NEVADA its true and lawful Attomey(s)-in-Fact. each illlheir separate capacity if more than one is namt.-d above,
to sign its name as sur.:ty to. and to c:~ccutc. seal and acknowledge any and all bonds. undertakings. contracts and other written
instruments in the nature thereof on behall'ul'the Company in ils business ol"guaranteeing the fidelity or persons; guaranteeing the
pcrfonnancc of contracts: and executing or guaranteeing bonds and undertakings required or pt:nnitted in any actions or proceedings
allowed by law.
In Witness Whereof, the said WESTER1\i INSLRANCE COMPANY has l.:aused this instrument to be sealed with its
corporate seal. duly attested by the signatures of its President and Secretary, this I Q']I day or June, 2006.
WESTERN INSLRANCE COMPANY
(Signed) By jt;J ~
(Signed) By &/4 Jr4
Secretary
.
....(,O"'OIf4~....
SEAL .
President
, ,...
".
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
.
.
On this 19th day of June, 2006, before me personally came DICK L. ROTltlAN, PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C.~~ with both of whom I am personally
acquainted, who being by me se...'erally duly sworn, said, that they, the sai4it[l1f\.~ROTIMAN and CAROL B. INGALLS were
respectively the PRESIDENT and the SECRET AR Y of the said y,~~ INSURA~COMPANY, the corporation described in
which executed the foregoing Power of Attorney, that they ealtO:W-thc seal o'*\_~?rWration: that the seal atlixed to said Power
of Allomey was such corp. omt. ,.al, that it wa, '0 af!L\<f'Py'lmr.r of the !l"""'-Jtbi~.d corporation, and that they signed
their names thereto by like order as PRESID.E~.J"il~.~,=,,"RETAR ; n..~~;ely, oft y.
My CommiSSion expires the ~I.lt ~YK\-March, 201) . ...;pO
rnm...nn...n;:A'iRic'IA'A~TSON.n.! ~~~d) ^ G.. ~
!e""m',""".."""',,''<il'''~~' N bl'
: ~r1-'-''''''''''"'' '"'"''"'.'I''",,'~''i: . _<' ~ otary Pu Ie
!. . ,,,,,,,",, ; ,,,,.,W, w.! ~\'~
'n""""'''''........n..,...........,.............' 0 ~
ThiS Power of Attorney IS grantedd\lS)}a by authonty of the followmg ResolutIOns adopted by the Board of Dtrectors
of the WESTERN INSURANCE COMPAN~o~ June 19.2006
RESOL VED, that in connection with the fidelity and surety insuram:e business orthe Company, all bonds, undertakings,
contracts and other inSlnnTIl.'tlls rdating to said business may be signed, executed. and acknowledged by person or entities appointed
as Attorney(s)-in-Fact pursuant Lo a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attomey for and
on bchalfofthc Company may and shall be c.'l(ccutcd in the nam\: and on behalf of the Company, either by the Chairman, or the
President, or a Vice President. jointly with the Secretary, under their respective designations. The signature ofsul.:h officers may be
cObl'favcd, printed or lithographed. The signature of each of the foregoing olTicers and the seal ofthc Company may be affixed by
facsimile to any Power of Attorney or to any certiticate relating tht,.'rcto appointing Attorncy(sHn-Fact tor purposes only ot'r.:xccuting
and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject
to any limitations set forth therein. any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with resp~et to any bond or undertaking to which it is validly attached.
RESOL VED, that Attomey(s)-in-Faet shall have th~ power and authority. unless subsequently revoked and, in any case,
subject to the tenns and limitations of the Power of Attorney issued to them. to execute and deliver on behalfofthe Company and to
attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereot: and any such
inslrum~nt ~xecuted by sueh Attomey(s)-in-Faet shall be as binding upon the Company as j f signed by an Exel.:utive Officer and
scaled and attested to by the Secretary ol"the Company.
I. CAROL B. INGALLS, Secretary of the WESTERN INSuRANCE COMPA!\JY, do hereby certify that the foregoing is a
true eXl.:crpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is
in full force and effect.
f. the undersigned Secretary of the WESTER!\J INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in tulltixce and effect and has not been revoked.
In Testimony Whereof: I have hereunto set my hand and the seal orthe WESTERN INSL:RANCE COMPANY on this
12th day of March 2007
&/4J,~ry
DUPLICATE ORIGINAL
BOND NO.CWS70940
PREMIUM INCLUDED
IN PERFORMANCE BOND.
LABOR AND MATERIAL BOND
Tract #17076 Street, Sewer, and Strom Drain Improvements
KNOW ALL MEN BY THESE PRESENTS:
That we Dynamic Financial & Investment Services, Inc. as Principal, and
WESTERN INSURANCE COMPANY a corporation organized and doing business under and by virtue of the
laws 01 the ~Iale OINevada and duly lIcensed to conduct a general 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 One Hundred Seventy Five Thousand and NO/lOO---------------m-------m-m 1$175,000.00 ) 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 or agreements which are made a part of this bond,
with the City of San Bernardino as Obligee for the improvements in the subdivision
designated as (Tract Parcel) Map No 17076 as required be the Government Code of
California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any
contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the
improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not
exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499. 10 of the
Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their
subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of
extension of time for completion is waived by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Las Vegas, NV
this 12th day of March 7007
BY:
"PRINCIPAL"
"SURETY"
WESTERN INSURANCE COMPANY
BY: (lilA/iLl<< ./ ~
Caroline L. Brown, Atlorney-in-Fact
ACKNOWLEDGMENT OF CORPORATE SURETY
.
STATE OF NEVADA
Clark
County of
On this 12th day of
)
)
.~"...'"'-.;..;.~
.J:JflUC
":L:_v.~.DA
ss
~ , ,-oj
March
~.b.
appeared Caroline L. Brown to me personally knov
being by me duly sworn, did say that he is the aforesaid officer or atto
fact of the WESTERN INSURANCE COMPANY a corporation; that
affixed to the foregoing instrument is the corporate seal of said corpor
and that said instrument was signed and sealed in behalf of said corpor
the aforesaid officer, by authority of its Board of Directors; and the af
officer acknowledged said instrument to be the free act and deed of sai,
tion.
My Commiuion Expires
August 2
2010
m~~'~
. ) Notary
Clark
County, 1
WESTERt"l/ INSURANCE COMPANY
POWER OF ATTORt"l/EY
KNOW ALL MEN BY THFSE PRESENTS: That WESTERN I'NSL'RANC'E COMPANY. a corporation organized and
existing under the laws urlhe State of Nevadu and having its principal office at the City of Reno, in the State of ~e\'adu. does hereby
constitute and appoint
30r377
Caroline L. Brown
Orthe STATE OF NEVADA its true and lawful Atlomc)(s)-in-fact. each in their sl..>paratc capacity irmarc than onc is named above.
to sign its name as surety to, and to execute, sl.:'al and acknowledge any and all b()nds. undertakings. contracts and other written
instruments in the nature thereof on behal r urlhe Company in its business of guaranteeing the lidelity of persons; guaranteeing the
performance of contracts: and executing or guaranteeing bonds and undertakings required or pennitled in any actions or proceedings
allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPAr-.iY has l:aused this instrument to be sealed with its
corporate seal. duly attested by the signatures of its President and Secretary, this 19:11 day of June. 2006.
WESTERN INSURANCE COMPANY
(Signed) By j,t;J ~ _
President
(Signed) By &/4 J/A 4
Secretary
ST ATE OF NEVADA)
SS:
COUNTY OF WASHOE)
On this 191h day of June. 2006, before me personally came DICK L. RO!1tfAN. PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B. INGAllS. SECRETARY of said {'..\I\l;ll}. with hoth of whom I am personally
acquainted, who being by me severally duly sworn, said, that they, the saicH(il:lt.'"~ ROTTMAN and CAROL B. INGALLS were
respectively the PRESIDENT and the SECRETARY of the said . 'IfNTNSURA~COMPANY. the corporation described in
which executed the foregoing Power of Attorney, that they ea the seal oL..!f<~\_~pPOration; that the scal atlixed to said Power
of Attorney was such corporate seal. that it was so am 'Il'J>y'l>r er of the .ll""",,~\:f;r~~d corporation. and that they signed
thcirnames thereto by like order as PRESIDEN t't""RETAR ; n.tl~ely, ofl ' y.
MyCommissionexpircsthe~l~t~ arch. 201 . J . -CO
i..................PATR;C.;A.:s:;.SON...' iR!~) c1. ~
!.AW'"'Y'""""".,uP1'Jc. ..~i' . ' b'
~~.:~;~;::;;""~~:~"~~'~~~i r\-~ NotaryPu he
This po;:;'~;:~';;~::~';~'~~::;:='~~~~UlhOrity of the following Resolutions adopted by the Board ofOirectors
of the WESTERN INSURANCE COMPANV'~~-;une 19.2006.
RESOl VED, that in connection with the Iidelity and surety insur..mce business of the Company, all bonds, undertakings,
contracts and other instrum~'Ilts relating to said business may be signed, executed. and acknowledged by person or entities appointed
as Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and
on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the
President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be
engraved. printed or lithographed. The signature of each of the foregoing oniecrs and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any eertiticate rdating thereto appointing Attorney(s)-in-Faet for purposes only of executing
and attesting bonds and undel1akings and other writings obligatory in the nature thereof~ and, unless subsequently revoked and subject
to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certitied by such facsimile signature and facsimile seal
shall be valid and binding upon the Company wilh respect to any bond or undertaking to which it is validly attached.
RESOl VED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and. in any case,
subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undcrtakings, and other writings obligatory in the nature thercot~ and any such
instrument executed by sllch Allomey(s)-in-Facl shall be as binding upon the Company as ifsigned by an Executive Oflicer and
scaled and attested to by lhe Secretary of the Company.
I, CAROL B. INGAllS, Secretary of the WESTERN INSl'RANCE COMPANY, do hereby ccrtify that the foregoing is a
truc eXl:crpt from the Resolution of the said ('amp_my as adopted by its Board of Directors on June 19, 2006 and that this Resolution is
in full force and effect.
L the undcrsigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the toregoing Power of
Attorney is in full force and effect and has not been revoked,
In Testimony Whereot: I have hereunto set my hund and the seal of the WESTERN INSURANCE COMPAi'JY on this
12th day or March 2007
&/ 4 J~C~ry
DUPLICATE ORIGINAL
MAINTENANCE BOND
Tract # 17076 - Streets, Sewer, and Stonn Drain
Improvements
Bond No. CWS70940
Premium: N/A
KNOW ALL MEN BY THESE PRESENTS:
That Dynamic Financial & Investment Services, Inc.
as Principal and WESTERN INSURANCE COMPANY
incorporated under the laws of the State of Nevada as Surety,
are held and firmly bound unto City of San Bernardino State of California
as Obligee. In the amount of Ei h Seven Thousand Five Hundred and NO/I 00 ollars ($ 87,500.00
for the payment whereof Princlpa an ure y In emse ves elr eirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal entered Into a written agreement with the Obligee on
Providing for the construction of certain subdivision Improvements in Tract #17076
in the city of San Bernardino State of California
and
WHEREAS, said work has been or will be completed by the Principal.
NOW, THEREFORE, If said principal shall promptly replace and repair any work proven to be
defective because of faulty workmanship and/or material within a period of one (1) year from
date of acceptance of the work by the Obligee, then this obligation to be void; Otherwise to
remain in full force and effect.
Signed, sealed and dated this 12th day of March 20...QL....
WESTERN INSURANCE COMPANY
Surety Ii . P'- ./ .1_
By' (,;jt1IV4U'/' ~
Caroline L. Brown, Attorney-in-Fact
"
INDIVIDUAL ACKNOWLEDGMENT
~~~~.~t:?">-.R = - -=~=.~~
State/Commonwealth of
Sa. Y\
tn\\\t,m~ Cj
'Be rl'\O,r~\ l'\D
}ss.
County of
On this the gl~ day of I\,^f' \ JO ol . before
Day 0 \_ . ~ Year
me. _L~\SQ. \ e.\ ~ . the undersigned Notary
Name r\ Notary Public A _ \ \ \
Public. personally appeared _t\0\fL\ J\ S w:>ti V\ M e. f>~Y\~e..Z--
Name(s) of S/gner(s)
o personally known to me - OR -
~d to me on the basis of satisfactory
evidence
e 11M WIllI
~...' 'C." ,....,..
NaIaIy NIle . (' m~. ...
11M .... 1lI&_ CounIlo
Mve-n......_ '.IO'a!
to be the person~ whose name(~ is/aT'!!"'
subscribed to the within instrument. and
acknowledged to me that he/slle:tl.oy
executed the same for the purposes therein
stated.
hand and official seal.
i~nature of ~IiC
lISt; S
0lMr Recpfed nforrnaIion (Pri1Ied Name NOOlIy, Residence. e1c.)
Place Notary Seal and/or Any Stamp Above
OPTIONAL
Although the information in this section 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. Top of thumb here
Righi Thumbprint
of Signer
Description of Attached Document
Title or Type of Document: 1111 ~ V\ \ e V'Cl Vll' e
Document Date: f/lu.f'(;~\ \~ }.(J(J) Number of Pages:
Signer(s) Other Than Named Above: It D~
Bona
--.i ~ Y\~ )
~>>v:s'!li ~ r:...:!Ii r:...::.:. c..:.~~~~:!o&"":!I!OY'W ,.,.,.,.___~
C 2002 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.NationaINotary.org
Item No. 5936 Reorder: Call Toll-Free 1-800 US NOTARY (1-800-876-6827)
.
'\'
DUPLICATE ORIGINAL
GRADING BOND
Bond No, CWS70941
Premium: $399,00
Dynamic Financial & Investment
We ,Services, Inc. ,as Principal, and WESTERN INSURANCE COMPANY ,
as Surety, jointly and severally, firmly bind ourselves, our heirs,
representatives, Successors and assigns, as set forth herein, to
the City of San Bernardino for paymen t 0 f the penal sum 0 f Twenty Six
Thousand Six Hundred Ten and NO/100 U. S. Dollars ($26,610.00 I COUNTY
and Principal have entered into an agreement, or are about to enter
into the agreement attached hereto and incorporated by reference,
for the construction of grading improvements associated with ____
Pepper - Rialto Village as defined wi thin Tract No. 17076
Surety herein approves of the terms and conditions of said
agreement and binds itself to faithfully perform the obligations of
Principal therein if Principal fails to so perform. Surety
acknowledges that the agreement herein referenced shall be that
document as executed by COUNTY and Principal.
The condition of this obligation is such that if the Principal
shall in all things stand to and abide by, and well and truly keep
and perform all of the covenants, conditions and provisions in said
agreement, and any alteration thereof made as therein provided, on
Principal Is part to be kept and performed at the. time and in. the
manner therein specified, and shall indemnify and save harmless
COUNTY, COUNTY'S engineer, and their consultants, and each of their
officials, directors, officers, employees, and agents, as therein
stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
Surety agrees, that should it fail to takeover and diligently
perform the agreement upon Principal's default after notice and
within the time specified in the agreement, Surety shall promptly
on demand deposit with COUNTY such amount as COUNTY may reasonably
estimate as the cost of completing all of Principal's obligations.
Surety's obligation for payment herein shall extend notwithstanding
any controversy between Principal and COUNTY regarding Principal's
failure under the agreement should be conclusively presumed between
the parties herein to relieve, as demanded, Surety's obligations
herein and shall be deemed proper payment as between Principal and
Surety.
Surety agrees that no change, extension of time, alteration or
addition to the terms of the agreement, or the work to be performed
thereunder or the plans and specifications, or any matters unknown
to Surety which might affect Surety's risk shall in any wise affect
, .
INDIVIDUAL ACKNOWLEDGMENT
~-'=::"-'~-""F"- ~._._~_A_.~
State/Commonwealth of
Sa. Y\
t~\ \t>fr1 ~ Cj
~r(\()Jl~..\ I'\D
}ss.
County of
On this the Q1~ day of 1\ '^ f ' \ JO ol , before
Day.0 \_ . y~~ Year
me, _L,sQ. \ e.. \ \;:) , the undersigned Notary
Name r\ Notary Public A _ \ , \
Public, personally appeared _tt{N\f11 "5\Abtll'\ Me. P,Y1~e..Z-
-=t - Name(s) of Signer(s)
o personally known to me - OR -
~d to me on the basis of satisfactory
evidence
"LIlA WEUJ
Commllllor," 16911~
NoIaIy I'ubIIc - CaIIIamIa
Ian IemaodlllO CounIy
My Comm. Exp/leIIep I. 201 a
to be the person~ whose nameSi) is/a>ll-
subscribed to the within instrument, and
acknowledged to me that he/sRe:U '''y
executed the same for the purposes therein
stated.
WITNESS my hand and official seal.
~.t#~l
_Isa e b
Other RecPred Information (prirmd Name of NoiaIy, Residence, etc.)
Place Notary Seal and/or Any Stamp Above
OPTIONAL
Although the information in this section 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. Top of thumb here
Right Thumbpnnt
of Signer
Description of Attached Document
Title or Type of Document: . \ (\ .5 'Eo 11 ~
Document Date: M-,rr~ I), Jbol Number of Pages: .i. ~'H'\e.-)
Signer(s) Other Than Named Above:
n ()Y)/> _
~-::=; ='~= '*',. ~..._~~~ ~~~~~
<<:> 2002 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.NationaINotary.org
Item No. 5936 Raorder: Cali Toli-Free '-800 US NOTARY (1-800-876-6827)
. .
its obligation on this bond, and it does thereby waive notice
thereof.
Principal and surety agree that if the COUNTY is required to engage
the services of an attorney in connection with the enforcement of
this bond, each shall pay COUNTY'S reasonable attorney's fees
incurred, with or without suit, in addition to the above sum.
Executed this
12th
day of March
20~
Seal of Corporation
Dynamic Investment & Financial
B yServices, Inc.
Authorized
princi
Titl
By,
Autli lZ
Pri cipal
Title
(ATTACH ACKNOWLEDGMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to:
WESTERN INSURANCE COMPANY
Surety Company
3283 E. Wann Springs Rd., Suite 200
Street Number
Las Vegas, NV 89120
City and State
702-263-9065
Telephone No.
B y ~ tU~ ;(' /51"P>"l--
Attorney in Fact Caroline L. Brown
ACKNOWLEDGMENT OF CORPORATE SURETY
County of Clark
)
)
I-,,,
STATE OFNevada
ss
On this 12th day of
March
~,bl
appeared Caroline L. Brown to me personally knOll
being by me duly sworn, did say that he is the aforesaid officer or atto
fact of the WESTERN INSURANCE COMPANY a corporation; that,
affixed to the foregoing instrument is the corporate seal of said corpor;
and that 8aid in8trument was 8igned and sealed in behalf of said corporl
the aforesaid officer, by authority of its Board of Directors; and the aft
officer acknowledged said instrument to be the free act and deed of sa it
tion.
My Commiuion Expires
m~ lU ~,
J Notary
August 2
2010
Clark
County, J\
.,
.
WESTE&"IIINSURANCE COMPANY
POWER OF ATTO&"IEY
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSuRANCE COMPANY, a corporation organized and
existing undel" the laws urthe Slate of:'\icvaua and having its principalllflice at the City of Reno, in the Slale of Nevada. does hereby
constitute and appoint
30.(3/9
Caroline L. Brown
orlhe STATE Or NEVADA its true and lawful Auomey(s)-in-facl, each in their sC'paratc capacity if more than one is named above,
to sign its name as sun:ty to, and to execute. seal and acknowh:dgc any and all bonds. undertakings. contracts and other written
instruments in the nature thereof on behalf orlhe Company in its business of guaranteeing the lidelity of persons; guaranteeing the
performance of contracts; and executing or guarant~eing bonds and und~rtakings required or pennitted in any actions or proceedings
allowed by law.
In Witness Whereot: the said WESTERN INSLRANCE CO\1PANY has caused Ihis instrument to be sealed with its
corporate seal, duly attested by the signatures of its President and S~cretary, this 1 q'h day or Jun~, 2006.
WESTERN INSURANCE COMPANY
(Signod) By jt;J ~_
(Signod)By &/4 ,)/A4
Secretary
~+...aVC~"~",,,,
SEAL'
President
.
. '904
""'1
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
On this 1911> day of June, 2006, before me personally came DICK L. ROIWAN, PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B.INGALlS, SECRETARY ofsaidC'.~l't, with both of whom r am personally
acquainted, who being by me severally duly sworn, said, that they, the sai~lf\.:-- ROTTMAN and CAROL B. INGALLS were
respectively the PRESIDENT and the SECRET AR Y of the said :JtN INSURA~COMPANY, the corporation described in
which executed the foregoing Power of Attorney, that they ea t e seal o(~.\~?r:loration: that the seal affixed to said Power
of Attorney was such corporate seal, that it w. a~: '.'0 am.l. lff'J>yt'lf er of the ~~dttfir~ctors. id corpomtion, and that they signed
their names thereto by like order as PRESIDEN l:'t'"RETAR ; r~tl-~ely, orl ' y.
My Commission expires the ~ I,l\ ~ arl.:h,201.) . ~O
i..................PATR;c.,.A.~T.sON...!"'i.A!d) ,- 0.. ~
i~'n,;cy,".""c,"""..,,~.,l!>-~ '" c,aA Letson Notary PublIC
:'V'Al'r"-"'r,""'~,,,'''jo,''O''~~''''! ~_ ):
L..~...:.... ..:::..:.:~~':~:.....;.:~'.:~...~.'..:::':j l) "\J
ThiS Power of Attorney IS granlt.:~S~ by authonty o[lhe followmg Resolutions adopted by the Board of Directors
or the WESTERN INSURANCE COMPANy-to~ June 19,2006
RESOL VED, that in connection with the lidelily and surely insurance business oflhe Company, all bonds, undertakings,
contracts and other instruments relating to said business may be signed. executed. and acknowledged by person or entities appointed
as Attomcy(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Powcr(s) of Attorney for and
on behalf of the Company may and shall be I.:xccutcd in the name and on behalf of the Company, either by the Chairman. or the
President, or a Vice President, jointly with the Secretary, under their respel.:tive designations. The signature of such officers may be
engraved, printed or lithographed. The signature of each ot'the foregoing officers and the seal of the Company may be affixed by
tacsimilc to any Power of Attorney or to any I.:l.:rtitkatc relating thereto appointing Attorncy(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereot: and. unless subsequently revoked and subject
to any limitations set forth tht..'fcin. any such Power of Attorney or certificate bcaring such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so I.:xecutl.:d and certitied by such facsimile signature and facsimile seal
shull be valid and binding upon th~ Company with respect to any bond or undertaking to whieh it is validly auul.:hed.
RESOL VED. Ihal Attomey(sl-in-Fal.:t shall have the power and authority, unless subsequenlly revoked and, in any case.
subject to the tenns and limitations of the Power of Attorney issued to them, to execute and ddivcr on behalf of the Company and to
attal.:h the seal of thl.: Company to any and all bonds and undertakings. and other writings obligatory in the nature thereot: and any such
instrument executed by such AllomeylsHn-Fact shall be as binding upon the Company as ifsigned by an Executive Officer and
scaled and attested to by the Secretary orlhe Company.
1, CAROL B. INGALLS, Secretary of the WESTERN I;o..;SURANCE COMPANY, d{l hereby certify that the foregoing is a
true excerpt from the Resolution orthe said Compuny as adoptl.:d by its Board of Directors on June Iq. 2006 and Ihat this Resolution is
in full force and effect.
L the undl.:rsigned Secretary orthe WESTERN INSL'RANCE CO~PANY do hereby certify that the foregoing Power of
Attorney is in full toree .md cft~ct and has not been revoked.
In Testimony Whereof: I have hereunto set my Imnd and the seal orlhe WESTERN INSuRANCE COMPANY on this
12th day of March . 2007. /1 .~
-~--~---~. {Jc~!1 _~
Secretary