HomeMy WebLinkAbout17-Development Services
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution approving Final Map for
Tract Map No. 14881 located on the
northwest comer of Ohio A venue and
Chestnut Avenue.
Dept: Development Services
Date: July 24, 2007
File No.: TR No. 14881
MCC Date: August 20, 2007
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt resolution.
~(/.~
Valerie C. Ross
Contact person: Lynn Parker, Sr. Civil Engineer
Phone:
Ext. 5110
Snpporting data attached: Staff Report,.Reso, Agreement & Map
Ward: 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Ace!. Description)
Finance:
Council Notes:
Agenda Item No.
3/~/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tract Map No. 14881 located on the northwest comer of
Ohio Avenue and Chestnut Avenue.
Backl!:round:
On May 16, 2006, the Planning Commission approved Tentative Tract No. 14881 for 15 lots.
The developer, Sant Development, has posted the required bonds and insurance and has executed
the standard Subdivision Agre"ment to guarantee the construction within 24 months.
Greystone Homes, LLC is the owner of the property known as Tract 14881. Sant Development
Corp. is the general contractor for Greystone Homes and is responsible for obtaining all
improvement approvals, bonds, development loans and construction of the project for and in
behalf of Greystone Homes. Dennis Sant, President of Sant Development Corp., is also the
managing partner of Greystone Homes.
AIl conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14881,
LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES
4 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
5 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
6 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 14881,
10 located on the Northwest comer of Ohio and Chestnut Avenues in the RL, Residential Low land
11 use district, together with the provisions for their design and improvement, IS consistent with the
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General Plan of the City of San Bernardino.
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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 Greystone
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16 Homes II, LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are
17 required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
18 Act. The time for performance is as specified in the Agreement. Said improvements are
19 specifically described and shown on Drawings approved and on file in the office of Development
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Services ofthe City of San Bernardino.
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SECTION 3. The Final Map of said Tract VJap is hereby approved and the City of San
23 Bernardino hereby accepts as public property all dedications within the subdivision as shown on
24 said Tract Map for streets, alleys (including access rights), drainage and other public easements.
25 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. 14881,
LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES
3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
5 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
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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 ofthis Resolution.
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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. 14881,
LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES
3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
5 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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8 Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof, held
9 on the day of
10 Council Members:
11 ESTRADA
,2007, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
18 MC CAMMACK
19
20 City Clerk
21 The foregoing resolution is hereby approved this day of
22
,2007.
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- ---~
Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City ttorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
,20_, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tt-a.c;f' Jl1t1~o-/ltgg 1 ; 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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r---~-- ----
NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by 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. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection bv Citv. 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
carner.
(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 cach contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($ I ,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 0 f
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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 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 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 ofthe cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13, Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor 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) ti'Olil
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdiyision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within fj\C
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 III writing, and delivered 111
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:
Greystone Homes II, LLC
617 N. Poplar Street
Orange, Ca 92868
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
r:11~lAYar,uvGw.fony OT-UtI [lJ~
LJlfss ~I DH11i'hO ~l, s."hDJ"l)CAq.l:J30-20~
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, Sllccessors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
SUBDIVIDER: . / . -- 1-
f'Pl.s/~~.e /~~~.1J J-.&:/
By -W1u.jrlJ~
By:
JAMES F. PENMAN,
City Attorney,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
. . . . . . . . . . . . . . . . .
lie"'" ANGELA H. SHEPHERD ~
~ . COMM. # 1655356 =;
::i . NOTARY PUBLIC CALIFORNIA ~
;: ORANGE COUNTY '"
j~ . . .. .. ~ ~o~m~ ~i~~ A~ril..27~ 2~1~ It
WITNESS my hand and official seal.
~4. ,j(. JJ~~ cI
, Sigitature fNotary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
Al!I'eement
Title or Type of Document
D PARTNER(S) D LIMITED
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV ATOR
[3 OTHER: Managing Member
Tbirteen(] 3)
Number of Pages
not stated
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
Greystone Homes II, LLC
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
,20_, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter
referred to as "Subdivider."
RECIT ALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled ~fLlJfr}, Ilf~ <61___; 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 ofthe 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.
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.
2
5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider..,
3
9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the 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 ofthe work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
4
II. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Emplover's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement. Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liabilitv and Propertv Damage Insurance. Subdivider shall take out and
5
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 Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
6
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
7
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 Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
8
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
9
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 of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
10
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "0" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Greystone Homes II, LLC
617 N. Poplar Street
Orange, Ca 92868
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
J::i,5,UY"ClJ'lce,; CmttpaYlY t:3f- ~ We-d-
liltS';; E/ (AW1/'hnR~l, )at\f)'ftJo CA q1-l?>o-2DZl5
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
11
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
,t
SUBDj~>;>I-< ~f L~
By: ~ iM
~4 _W
JAMES F. PENMAN,
City Attorney,
By:
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person( s) acted, executed the instrument.
& A A A A A A . A _ _ _ . ~ _ _
~I.,._. ANGELA H. SHEPHERD i~
2l COMM. # 1655356
::!: NOTARY PUBLIC CAliFORNIA ~
;: ORANGE COUNTY 2
'\ My camm. expires April 27, 2010 I~
. . . . _ w . . . . . . _ _ . _
WITNESS my hand and official seal.
a~ ..JI ~cI
SignatUre of otary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
Al!feement
Title or Type of Document
D PARTNER(S) D LIMITED
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
J8[ OTHER: Managing Member
Thirteen(l3 )
Number of Pages
not stated
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(JES)
Greystone Homes II, LLC
Signer(s) Other Than Named Above
CA-ICW 24 (7/00)
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
,20_, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presenled to City for approval a final subdivision
map (hereafter called "map") entitled _-Ea L/v1p-/io. J If& ~l; and,
B. WHEREAS, the map has been filed with the City for presentation 10 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 prior to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specitications are now on file in the Office of the City
Engineer ofthe City; and,
D. WHEREAS, Council has approved said map and accepted the dedicatIons
therein offered, or som.:: thereoC on cundHlon 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
Subdi vision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
1
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.
3
9. Inspection bv Citv. 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 perfonned 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 (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
4
II. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Emplover's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement. and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liabilitv and ProperlV Damage Insurance. Subdivider shall take out and
5
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
6
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
7
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor 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 Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
8
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
IS. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein. Subdivider shalL
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
9
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 Citv. 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 of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Suretv 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
10
serving upon of such notice of breach, does not gi\ e City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered In
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
Greystone Homes II, LLC
617 N. Poplar Street
Orange, Ca 92868
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
I'n~l(rQI1 {A>, C1t1\fur\IJ of tAp,lVl%f
'/
mss E I Gl~I1\Cl &tal I 3anJ)ff]Cl CIi q;-I3~-~
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
11
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
SUBDti~~7~
By. ~'. .4Y
~7 ~
JAMES F. PENMAN,
City Attorney,
By:
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person( s) acted, executed the instrument.
........................................ A"
~I.,,,.. ANGELA H. SHEPHERD ~
1:l COMM. # 1655356 :<
::! NOTARY PUBLIC CAUFORNIA 15
;: . . ORANGE COUNTY '"
1~ .. .. .. .. ~Y~O~m~e;"~A~ril.27~~1~lt
WITNESS my hand and official seal.
a~ Jl ~cI
Signature of otary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment ofthis form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
Alrreement
Title or Type of Document
D PARTNER(S) D LIMITED
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV ATOR
~ OTHER: Managing Member
Thirteen(l3)
Number of Pages
not stated
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
Greystone Homes II, LLC
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
D EXPLORER INSURANCE COMPANY
D INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond No. 220 72 55
Premium: 4,611.00
Subdivision Bond
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That GREYSTONE HOMES II, LLC as Principal, and INSURANCE
COMPANY OF THE WEST a corporation organized and existing under the laws of the State of California and authorized
to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN
BERNARDINO in the sum of TWO HUNDRED TWO THOUSAND, FNE HUNDRED AND 00/100 DOLLARS
($202,500.00) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into an agreement
dated n/s, with the CITY OF SAN BERNARDINO to do and perform the following work, to wit: STREET
IMPROVEMENTS - TRACT# 14881 - FILE# DP 305-04
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 10th day of July, 2007.
Principal:
GREYSTONE HOMES II, LLC
By:--0l..; J tJt-
Dennis S. Sant, Managing M=mber
Surety:
INSURANCE COMPANY OF THE WEST
<
CA-ICW 28 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July ]0, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, 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 hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
( @ ;.;o~,:.;"~.;.~;..;, J
'" COMM. # 1655356 ::;;
~ NOTARY PUBUC CALIFORNIA ~
~ ORANGE COUNTY '"
1l. . . . ~y~~,:e~~":A~rll.27: ~1~1~
WITNESS my hand and official seal.
~& \11. ~d
Signature of otary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF A TT ACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
Faithful Performance Bond
220 72 55- Grevstone Homes 11. LLC
Title or Type of Document
D PARTNER(S) D LIMITED
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
[gJ OTHER: Managing Member
one(\ )
Number of Pages
Julv 10. 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Greystone Homes 11, LLC
Judith A. Dickinson
Signer(s) Other Than Named Above
CA-Iew 24 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Slate of California
i, County of Orange
<>
<i On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared
~ Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person
~< whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her
~ authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the
(< person acted, executed the instrument.
?!
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~
~,
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,~
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t Though the data below is not.required by law, it may prove valuable to persons relying on the document and could prevent
~ fraudulent reattachment of thiS form.
. A . & & . A . . . . . . . . . .
~ e"'" ANGELA H. SHEPHERD J
'" COMM. # 1655356 :E
~ . NOTARY PUBUC CAUFORNIA 13
~ ORANGE COUNTY '"
~ My comm. expire. April 27. 2010 It
. . . . . _ . _ _ . T _ T T _ _ _
WITNESS my hand and official seal.
a~~lt Ji x1~d
Signature of olary
"
~ CAPACITY CLAIMED BY SIGNER
>;
<< D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Greystone Hones II, LLC
220 72 55 - Sulxliyision Bond
Title or Type of Document
D PARTNER(S) D LIMITED
[gI ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
OTHER:
oneIl)
Number of Pages
July 10, 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
r"
"':."r,.-v.,..
No. ??oo050
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Compaoy Independence Casualty aDd Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, Wldertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
State of California
County of San Diego
On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared 10hn 1. Hannum and leffrey D. Sweeney, personally known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the
instrument, the entity upon behalf of which the persons acted, executed the instrument.
} ss.
Witness my hand and official seal.
I' a.
..,
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, wulertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, am.! the seal of ti.e
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affIXed by stamping, printing, typing, or photocopying."
CERTIFICATE
1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety C~mpany, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force. nJ.l.. OJ 1 it A
IN WITNESS WHEREOF, [have set my band this 1 U '.;I. day of If"'J Jpo 7
d~.dg~
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino
Real, San Diego, CA 92130-2045 or call (858) 350-2400.
I.C.W. GROUP
[gJ INSURANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 220 72 55
Premium is included in
tbe Performance Bond.
Whereas, CITY OF SAN BERNARDINO, State of California (bereinafter designated as "Obligee"), and GREYSTONE HOMES II,
LLC (hereinafter designated as "Principal") bave entered into an agreement wbereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated N/S, N/S, and identified as project STREET IMPROVEMENTS -
TRACT NO. 14881 - FILE NO. DP 3 05-04 is hereby referred to and made a part bereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title IS (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and INSURANCE COMPANY OF THE WEST (hereinafter designated as "Surety") are held and
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED ONE
THOUSAND, TWO HUNDRED FIFTY AND 00/100 dollars ($ 101,250.00), for materials furnished or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the
face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
sw:h change, extension, alteration or addition.
In witne^, whereof, this instrument has been duly executed by the Principal and Surety above named, on July 10, 2007.
Attest or Witness:
GREYSTOrHOM~S ~U
By: -t. 1-:.
Dennis S. Sant, Manag;ip,3.. Member
INSURANCE COMPANY OF THE w~T .
(Seal)
(Seal)
CA-JeW 47 (7100)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person( s) acted, executed the instrument.
~ ~ . . A ~ ~ ~ . . ~ . . A . . .
~ .._. ANGELA H. SHEPHERD ~
'" COMM. #1655356 ::;
~. NOTARY PUBLIC CALIFORNIA is
;: . ORANGE COUNTY '"
1( . . . . ~ ~~m~ ":,P~~ A~ril_27; 2~1 ~ It
WITNESS my hand and official seal.
a~ ~~&o:r;l;: cI
,~ ,f ,
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment ofthis form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Labor & Material Bond
220 72 55- Grevstone Homes 11. LLC
Title or Type of Document
o PARTNER(S) 0 LIMITED
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
[gJ OTHER: Managing Member
one! ])
Number of Pages
Julv 10. 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Greystone Homes 11, LLC
Judith A. Dickinson
Signer(s) Other Than Named Above
CA-ICW 24 (7100)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared
Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
~ 6 . . . 6 6 . A _ _ _ _ _ _ _ _
II {t.... ANGELA H. SHEPHERD J
'" COMM. # 1655356 :E
~ NOTARY PUBUC CAUFORNIA 15
;: . ORANGE COUNTY '"
1~ .. . .. y ~ ~~m~ e~Pi~e~ A~rll..27~ 2?1~ It
WITNESS my hand and official seal.
f4Lb ~a~1
, (~mlT(ijJ;M~]. ....
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
Greystone Homes II, LLC
220 72 55 - SUbdivision Labor/Material Eo
Title or Type of Document
D INDIVIDUAL
D CORPORATE OFFICER
D PARTNER(S) D LIMITED
[8J ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV ATOR
OTHER:
one (1)
Number of Pages
July JO, 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
INSURANCE COMPANY OF THE WEST
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
,It
No. 0000050
JCW GROUP
Power of Attomey
Insuraace Compaay of the West
Explorer Insuraace Compaoy lodepeodeoce Casualty aad Surety Compaoy
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of tile State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, Wldertakings, and other
similar contracts of suretyship, and any related docwnents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
f~
~~~
~%.>~
d~.dg~
Jeffrey D. Sweeney, Assistant Secretary
INSURANCE COMPANY OF THE WEST
EXPWRER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
State of California
CoWlty of San Diego
On JWle 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the
instrument, the entity upon behalf of which the persons acted, executed the instrument.
} ss
Witness my hand and official seal.
~~I
8 ccr... ~ II
~=I
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals Wlder authority of the following resolutions adopted by the respective
Boards ofDirectOJ'j of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretai)', are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, Wldertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifYing the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and i:hl: seal of the
Company, may be facsimile representations of those signamres and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and S~ Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted hy the respective Boards of
Directors of the Companies, and are now in full force. IOfb
IN WITNESS WHEREOF, I have set my hand this
day of
~j~
. JOO7.
d-?!7vRg~
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1.800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individua1(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino
Real, San Diego, CA 92130-2045 or call (858) 350-2400.
I.C.W. GROUP
~INSURANCE COMPANY OF THE WEST
DEXPLORER INSURANCE COMPANY
DINDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707
MAINTENANCE BOND
Bond No.220 72 55-M
Premium $ Included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That, GREYSTONE HOMES II, LLC, as Principal, and INSURANCE COMPANY OF THE WEST, a
corporation organized under the laws of the State of California and authorized to do a surety business in
the State of California, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in
the sum of FIFTY THOUSAND, SIX HUNDRED TWENTY-FIVE AND 00/100 DOLLARS
($50,625.00), lawful money of the United States of America, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents:
SEALED with our seals and dated this 10th day of July, 2007.
WHEREAS, on the n/s, the said GREYSTONE HOMES II, LLC, as developer, entered into an agreement
for Street Improvements - Tract No. 14881 - File No. DP 3 05-04 for the sum of Two hundred two
thousand, five hundred and 00/100 dollars ($202,500.00); and,
WHEREAS, under the terms of the specifications for said work, the said GREYSTONE HOMES II, LLC
is required to give a bond for FIFTY THOUSAND, SIX HUNDRED TWENTY-FIVE AND 00/100
DOLLARS ($50,625.00), to protect the CITY OF SAN BERNARDINO against the result of faulty
materials or workmanship for a period of one year from and after the date of the completion and
acceptance of same.
NOW, THEREFORE, if the said GREYSTONE HOMES II, LLC shall for a period of one year from and
after the date of the completion and acceptance of same by said CITY OF SAN BERNARDINO replace
any and all defects arising in said work whether resulting from defective materials or defective
workmanship, then the above obligation to be void; otherwise to remain in full force and effect.
GREYSTONE HOMES II, LLC
By:~~.~J~
Demas S. Sant, Managlilg Meniber
INSURANCE COMPANY OF THE WEST
~
GN-ICW 163 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person( s) acted, executed the instrument.
. A ~ A . . . . . _ . . . _ _ _ .
~ e'" ANGELA H. SHEPHERD ~
2l COMM. # 1655356 :;:
::l! NOTARY PUBUC CAUFORNIA 15
;: . ORANGE COUNTY '"
1( My comm. expil1lS April 27, 2010 It
~ . y y - . . . . T T Y T . . T
WITNESS my hand and official seal.
a,tt
.11 M~cl
Signature of otary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Maintenance Bond
220 72 55-M / Grevstone Homes 11. LLC
Title or Type of Document
o PARTNER(S) 0 LIMITED
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
[gJ OTHER: Managing Member
one( \)
Number of Pages
Julv 10, 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Greystone Homes 11, LLC
Judith A. Dickinson
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10. 2007 before me, Angela H. Shepherd, Notary Public, personally appeared
Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
A A A A . . . . A . A A A A A A A
~I..";. ANGELA H. SHEPHERD J
~ COMM. # 1655356 :E
;;; . NOTARY PUBLIC CALIFORNIA ~
~ ORANGE COUNTY '"
1~ . . . . ~y:o~m~~~.~A~ri~27:2~1~lt
WITNESS my hand and official seal.
a1&.LtJ ,1/. ~lul
J Signature of otary
_.' .. n"'" """h~' . :~l
. ,~ ~' ,'J) ( I..I!Jo.;f",!.!' '
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
Greystone Hones II, LLC
220 72 55-M Maintenance Bond
Title or Type of Document
D INDIVIDUAL
D CORPORATE OFFICER
D PARTNER(S) D LIMITED
[8J ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
OTHER:
one (1)
Number of Pages
July 10. 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
Signer(s) Other Than Named Above
CA-ICW 24 (7/00)
r
"
No. 0000050
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California. Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws aCthe State of Texas, (collectively referred to as the ''Companies''), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
State of California
County orSan Diego
On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffiey D. Sweeney, personally known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the
instrument, the entity upon behalf of which the persons acted, executed the instnnnent.
} ss.
Witness my hand and official seal.
.-,
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s}-in-Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifYing the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affIXed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and S~ "~ompany, do hereby.:ertify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopt:<;il1 by the respective Boards of
Directors of the Companies, and are now in full force. r-.-i/"
IN WITNESS WHEREOF, I have set my hand this l u ~ day of
~
.J.cxn
J-?f7vRg~
Jeffrey D. Sweeney, Assistant Secretary
To verifY the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino
Real, San Diego, CA 92130-2045 or call (858) 350-2400.
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
D EXPLORER INSURANCE COMPANY
D INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
P.O. BOX 85563, SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
wWw.icw2rouD.com
BOND NO. 220 72 56
PREMIUM $ 220.00
MONUMENT BOND
WHEREAS, GREYSTONE HOMES II, LLC, hereinafter designated as "Developer", desires to
record a fmal map for the development iden1ified as: TRACT NO. 14881
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ 8,800.00,
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and severally, fIrmly by these
presents.
The conditions of this obligation is such that if the monuments are set on or before mL Y 10,2007
and the engineer or surveyor setting the fmal monuments shall have been paid, then this obligation shall
become null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on mL Y 10, 2007.
GREYSTONE HOMES II, LLC
617 N. Poplar St.
Ordnge, CA 92868
l-Q...: R~
Signature of Developer
Dennis S. Sant, Managing Mamber
APPROVED AS TO FORM:
INSURANCE COMPANY OF THE WEST
17852 E. 17th St., Suite III
Tustin, CA 92780
,
~
~
A. Dickinson
A ey-In-Fact
APPROVED AS TO SUFFICIENCY:
Director of Public Works
CA.JeW 30 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
!I:~o:=~~~X===~~~=!1
~~ County of Orange
~~
;< On July 10, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally
>S
ii known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
II subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
II authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
l! behalf of which the person(s) acted, executed the instrument.
is
'!
li
II
)5
s<
II ifj ;.;~."~.;.;..;.;,;, ~
l; 0'" COMM. # 1655356 :E
>l:; NOTARY PUBUC CALIFORNIA ~
II ~ . . .. ~y:o~~A~~;~C~!~~l~i ~ --&atu~d
15' '~hough the data below is not required by law, it m~y prove valuable to persons relying on the document and could prevent
;~ fraudulent reattachment of this form.
II CAPACITY CLMM," BY "ONER D'""",,,'DN OF ATIACHED ROCUM'NT II
!l D INDNIDUAL Monument Bond !<
11 D CORPORATE OFFICER 22072 56/ Grevstone Homes 11. LLC l
IS Title or Type of Document l
1,>l D PARTNER(S) D LIMITED one(\) I
5 D ATTORNEY-IN-FACT Number of Pages .
5 D TRUSTEE(S) Il(
\~ D GUARDIAN/CONSERVATOR
s5 [2] OTHER: Managing Member Julv 10. 2007 ~
~< Date of Document sl
I( SIGNER IS REPRESENTING: II
Il NAME OF PERSON(S) OR ENTITY(IES) lS
~ Greystone Homes 11, LLC J~dith A. Dickinson Jl'
II Slgner(s) Other Than Named Above
<< >
)) <
?;~~~~~~~0~~~.^^^^'~~~~~/~'V"JVV"/' /
5<
!I
>5
'<
s<
!I
5
WITNESS my hand and official seal.
CA-Iew 24 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared
Judith A. Dickinson. personally known to me or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
A A ~ A A ~ . ~ A A A A A ~ . A
~I.._. ANGELA H. SHEPHERD 1~
2l COMM. # 1655356 :E
:; . . NOTARY PUBLIC CALIFORNIA 15
:: ORANGE COUNTY '"
'! My comm. expires April 27, 2010 It
y . . y - . . w _ _ _ _ . _ _ T
WITNESS my hand and official seal.
a,dA sr:tur~UAtf
~ ~~~W ·
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
Greystone Homes II, LLC
220 72 56 - Monurrent Bond
Title or Type of Document
o INDIVIDUAL
o CORPORATE OFFICER
o PARTNER(S) 0 LIMITED
[gJ ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV ATOR
OTHER:
one (1)
Number of Pages
,Tllly 10. 2007
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
INSURANCE COMPANY OF THE WEST
Signer(s) Other Than Named Above
CA-JeW 24 (7/00)
r
No. 0000050
ICW GROUP
Power oC Attorney
IDSurance Compaoy of tbe West
Explorer Insurance Compaay Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas, (collectively referred to as the ''Companies''), do hereby appoint
JUDITH A. DICKINSON, JAMES DE BEAU
their true and lawful Attorney(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf oithe Companies, fidelity and surety bonds, undertakings, and other
similar contract'l of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
@~~
~~,
~~
~.~
d~vI?g~
Jeffrey D. Sweeney, Assistant Secretary
INSURANCE COMPANY OF THE WEST
EXPWRER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
State of Cali fomi a
County of San Diego
On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared Jolm L. Hannwn and Jeffrey D. Sweeney, personally known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the
instrument, the entity upon behalf of which the persons acted, executed the instrument.
} ss
Witness my hand and official seal.
I 1Ii~
~..,
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-inMFact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signawre of any officer certitying the validity and
current stanIS of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company. and Independence Casualty and S~-ety Company, do hereby certity
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adoJ1ted- by the respective Boards of
Directors of the Companies, and are now in full force. IO-tJ
IN WITNESS WHEREOF, I have set my hand this day of
~
. /)"CJj7.
;J~vRg~
Jeffrey D. Sweeney, Assistant Secretary
To verity the authenticity of this Power of Attorney you may call1-8oo-877MI111 and ask for the Surety Division. Please refer to the Power of Attorney Nwnber, the above
named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino
Real, San Diego, CA 92I3Q..2045 or call (858) 350-2400.
POLICYHOLOER COPY
SP
STATE
COMPENSATION
INSURANCE
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10-01-2006
GROUP:
POLICY NUMBER: 1805487-2006
CERTIFICATE 10: 3
CERTIFICATE EXPIRES: 10-01-2007
10-01-2006/10-01-2007
CITY OF SAN BERNAROINO OEVELOPMENT
SERVICES DEPARTMENT
300 NORTH D STREET
SAN BERNARDINO CA 92418-0001
SP
~OB:ALL CA OPERATIONS
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance
afforded by the policy described herein is subject to all the terms, exclusions. and conditions. of such policy.
tt::-REPRESENTATI
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS:
~
PRESIDENT
$1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - DENNIS S SANT, PRESIDENT - EXCLUDED.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2004 IS
ATTACHED TO AND FDRMS A PART OF THIS PDLICY.
EMPLOYER
SANT DEVELOPMENT CORP
617 N POPLAR ST
ORANGE CA 92868
SP
M0409
(REV.2-05)
PRINTED
09-17-2006
-
~-
JUL-10-2007 TUE 10:54 AM GARCIA INSURANCE INC
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FAX NO, 760 323 7252
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Gare1a Insurance, Inc.
P.O. IJOlf. 2103
Pal. Springs, CA IZZti'
A.COBQ. CERTIFICATE OF LIABILITY INSURANCE I ";;~ciO;)
THII CEKTI'lCAn lllllllUED Nt. A IIAmll OF INfOIUIAl1ON
ONLY ANIl......rEJUI NO RIGHTS W'ON 1HE camFK;ATE
1:.f9l1l"ll. THII CERTl'lCAn DOEllIlOT ~. EXTEJID OR
ai_THE N'F II'tTHePOUCIElIELOW.
FAX (7liOHZO-1l15
_ 5lIftt _I~t tiIrp.
IlIA, GrIl)'Stone w..es. uc
617 N. Poplar
Ora_. CA 92168
IN8URERS Al-FllRDING COI/ERAGE
_" General Fidelity Insurance c-
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THE POLIC1~ Of' INSUIW'ICE LISTEJ> _ow HAVE BS!N IlIllUa> TO ntE IN$UN!O _ - FOR THI! POLICY Pl!RIOO INQK:ATED. NOTWlTHSTANlING
AH'I REQUIREIIENT, TalIIl OR CONIlII1OH OF """ CONlftI\CT OR OllER lXlCI..rr WITH AESl'ECT TO WHICH THIll CER1lFlCAT'- *V Ilj; IS8UED OR
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POLIC1ES. ~:rELIMI188HOWN.....V HAY!' IlI'ElII ~8Y PAID~.
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