HomeMy WebLinkAbout11-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
C From: Valerie C. Ross, Director
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Dept: Development Services
Subject: Resolution approving Final Map for
Tract No. 17972 located on the east
side of Waterman Avenue south of
Orange Show Road.
Date: November 8, 2007
File No: TR 17972
MCC Date: November 19,2007
Synopsis of Previous Council Action:
None.
Recommended Motion:
That said Resolution be adopted.
~b.1?HV
Valerie C. Ross
Contact Person:
T ,vnn P:uker Senior Civil Fnpineer
Phone: <;110
Supporting data attached:
Staff Report. Reso, Agreement & Map
Ward:
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FUNDING REQUIREMENTS:
Amount: N/ A
Source (Accl. No.) N/A
(Accl. Description) N/A
Finance:
Council Notes:
//-/9-07
Agenda Item No. II
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tract No. 17972 located on the east side of Waterman
Avenue south of Orange Show Road.
Back2found:
On July 11,2006, the Planning Commission approved Tentative Tract No. 17972 to create 15 lots
on the east side of Waterman A venue between Orange Show Road and the Santa Ana River in the
OIP, Office Industrial Park, and IL, Industrial Light land use districts.
. The Final Map of Tract No. 17972 has been reviewed and found to be substantially in compliance
with the Tentative Map and the Subdivision Map Act. Therefore, staff recommends that the Final
Map for Tract No. 17972 be approved.
Financial Imoact:
There is no financial impact to the City.
Recommendation:
C Adopt Resolution.
Attachments:
"A" - Map
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frAt No. J 7971 & DPJ ,Vo f)j.1)8
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RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17972,
3 LOCATED ON THE EAST SIDE OF WATERMAN AVENUE SOUTH OF ORANGE
SHOW ROAD IN THE OFFICE INDUSTRIAL PARK (OIP), AND INDUSTRIAL
4 LIGHT (IL) LAND USE DISTRICTS, ACCEPTING THE PUBLIC DEDICATIONS AS
5 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
OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 17972,
10 located on the east side of Waterman Avenue south of Orange Show Road in the OIP, Office
11 Industrial Park, and IL, Industrial light land use districts, together with the provisions for their
12 design and improvement, is consistent with the General Plan of the City of San Bernardino.
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SECTION 2. The City Manager is authorized on behalf of said City to execute the
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standard form Subdivision Improvement Agreement with Waterman Avenue Partners, LLC,
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attached hereto as Exhibit A, for the improvements in said Tract Map as are required by Title 19
of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is as specified in the Agreement. Said improvements are specifically described and
19 shown on Drawings approved and on file in the office of Development Services of the City of
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San Bernardino.
SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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II. 1'1 ~O ~
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1 RESOLUTION...APPROVING THE FINAL MAP FOR TRACT MAP NO. 17972,
LOCATED ON THE EAST SIDE OF WATERMAN AVENUE SOUTH OF ORANGE
2 SHOW ROAD IN THE OFFICE INDUSTRIAL PARK (OIP), AND INDUSTRIAL
LIGHT (IL) LAND USE DISTRICTS, ACCEPTING THE PUBLIC DEDICATIONS AS
3 SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
4 STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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6 Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
7 The City Clerk shall certify approval and acceptance of the Mayor and Common Council
8 as set forth in this Resolution.
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12 III
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
it within sixty (60) days of the passage of this Resolution.
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1 RESOLUTION...APPROVING THE FINAL MAP FOR TRACT MAP NO. 17972,
LOCATED ON THE EAST SIDE OF WATERMAN AVENUE SOUTH OF ORANGE
2 SHOW ROAD IN THE OFFICE INDUSTRIAL PARK (OIP), AND INDUSTRIAL
LIGHT (IL) LAND USE DISTRICTS, ACCEPTING THE PUBLIC DEDICATIONS AS
3 SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
4 STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held
on the _ day of
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
10 ESTRADA
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BAXTER
BRINKER
DERRY
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15 KELLEY
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JOHNSON
MC CAMMACK
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20 The foregoing resolution is hereby approved this
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City Clerk
day of ,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
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By: ~~r . i/./v;.._
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Exhibit" A"
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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 Waterman Avenue Partners, LLC,
hereinafter referred to as "Subdivider."
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RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map No. 17972, 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 incolPorated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of certain improvements within Waterman A venue in the City
and the meridian strip in Waterman A venue adjacent to the project covered by the map
(hereinafter called "improvements") 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
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Exhibit" A"
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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:
I. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
.2. Work: Places and Grades to be Fixed bv Enl!ineer. 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
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Exhibit "A"
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entitle Subdivider to an extension.
5. Reoairs and Reolacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be; all pipes and monilments 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 Deoosits - 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: Comoliance 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 Municioal Code.
8. Suoerintendence 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
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Exhibit "A"
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authority to act for Subdivider.
9. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to Ci ty improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estiJnated
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
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Exhibit" A"
11.
subject to the approval of the City Engineer and the City Attorney.
Subdivider's Insurance. Subdivider shall not commence work under this
Agreement utitil 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.
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(a)
Worker's Compensation Insurance/EmDlover'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 ~rovide, 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.
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Exhibit "A"
(b)
Public Liability and Prooertv Damage Insurance. Subdivider shall take out and
maintain and/or cause its contractor to maintain, during the life of this
Agreement, such public liability and property damage insurance as shall insure
City, its elective and appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or subcontractor performing work
covered by this Agreement from claims for damages for personal injury, (as
defined hereunder), including death, as well as from claims for property
damage or product liability which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder, whether such operations
be by Subdivider or any contractor or subcontractor, or by anyone, including,
without limitation, agents, employees or independent contractors, directly or
indirectly employed by either Subdivider or any contractor or subcontractor,
and the amounts of such insurance shall be as follows:
(I) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Prooertv Damage Insurance. In an amount not less than One Million
Dollars ($ 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 I I insures any entity, person, board or commission other than those
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Exhibit" A"
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(4)
mentioned in this paragraph, such policy shall contain a standard form of
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
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,
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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
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Exhibit" A"
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required to give City at least ten (10) days prior written notice of the cancellation or reduction
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 eveI)' kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/Iegal fees, and all other expenses incurred by the City arising in favor 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 eveI)'
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: .
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(a)
That City does not, and shall not, waive any rights against Subdivider which it
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Exhibit "A"
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may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 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 regardles.s of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider'sIDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from SubdividerIDeveloper'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
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Exhibit "A"
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otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
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 Subdiv.ider'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 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
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Exhibit "A"
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improvement herein specified; provided, however, that it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within 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 oth.er 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
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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:
Waterman Avenue Partners, LLC
c/o Voit Development Company
101 Shipyard Way, Suite M
Newport Beach, California 92663
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
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Exhibit" A"
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Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
A TrEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
SUBDIVIDER:
Waterman A venue Partners, LLC
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JAMES F. PENMAN,
City Attorney,
By: Voit Development Manager, Inc., a
California corporation, Manager
By:
By: ~, =--
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Exhibit "A"
ST A TE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On thjs J~"'" day of N."~ ,200..:!.. before me. VOA\J.~S 0...
OSV\ll)..( 01 , Notary Public, personally appeared \)Cl 'hd A1I,l;;o t'\
, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(\f whose name('f is/. subscribed to the within instrument and
acknowledged to me that he/s~~ executed the same in his/h~ authorized
capacity(~ and that by his!l\fr1t~ signaturest'fron the instrument the person(~ or the
entity upon behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
si,"''''~WM~cUcA
(Seal)
J~- =*~o- f
J ~ NoIaly PIbIc . CGIIoIna
- - - ~~!;-~~~
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Exhibit" A"
STATE OF CALIFOR1~IA )
)
COUNTY OF ORANGE )
~ this /3"'" day of rvl'l~ ,200 "1, befory.,m~ r S ().. .
O~W 0\ , Notary Public, personally appeared rc:.o 1:>. V l) I t"
, 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 he/s~ executed the same in hislh~ authorized
capacity(i~ and that by hislh~ signatures(~ on the instrument the person(f, or the
entity upon behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
l@- =-==.' I
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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 Waterman Avenue Partners, LLC,
hereinafter referred to as "Subdivider:'
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RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map No. 17972. 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 prior to the
construction and completion of certain improvements within Waterman Avenue in the City
and the meridian strip in Waterman Avenue adjacent to the project covered by- the map
(hereinafter called "improvements") 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,
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E.
WHEREAS, This Agreement is executed pursuant to the provisions of the
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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:
I. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Enl!ineer. 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
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entitle Subdivider to an extension.
5. Reoairs and Reolacements. 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 Deoosits - 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 h'as 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: Comoliance 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 Municioal Code.
8. Suoerintendence 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
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authority to act for Subdivider.
9. Inspection bv CilV. 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;
An amount equal to at least fifty percent (50%) of the total estimated cost of
(b)
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(c)
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,
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
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subject to the approval of the City Engineer and the City Attorney.
Subdivider" s Insurance. Subdivider shall not commence work under this
II.
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
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(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.
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(b) Public Liabilitv and ProperlY Damage Insurance. Subdivider shall take out and
maintain and/or cause its contractor to 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 ljn 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
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mentioned in this paragraph. such policy shall contain a standard form of
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
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).
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
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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
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required to give City at least ten (10) days prior wrinen notice of the cancellation or reduction
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/lndemnification. 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, anomey" 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
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may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph I] 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 Sul1divider'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.
]4. 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 Reconstruciion 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
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otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
promptly or in accordance with this requirement. or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair. replacement or
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
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improvement herein specified; provided, however, that it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within 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.
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(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:
Waterman A venue Partners, LLC
c/o Voit Development Company
]01 Shipyard Way, Suite M
Newport Beach, California 92663
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
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Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter. notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
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:
Waterman Avenue Partners, LLC
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JAMES F. PENMAN.
City Attorney, .
By: Voit Development Manager, Inc., a
California corporation, Manager
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STATE OF CALIFORNIA )
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COUNTY OF ORANGE )
On thii J'3~ayof N"V~,200', before me, V()M.J.Ha.
DSw{)Ao( , Notary Public, personally appeared _1::> ~ II~
, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(~ whose name(-r is/~ subscribed to the within instrument and
acknowledged to me that he/sljdt~ executed the same in his/h~ authorized
capacity(i~, and that by his~r signatures(\') on the instrument the person(r), or the
entity upon behalf of which the person(~acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
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(~~ 0Iange Cou'lty -
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STATE OF CALIFORNIA )
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COUNTY OF ORANGE )
Ol}this J?;~ayof tI'''~,2001.,befor~e r~s~ .
ObwMO( , Notary Public, personally appeared ~ ~J.- l). VI) I t-
, 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 he/s~~ executed the same in his/h~ authorized
capacity(i~, and that by his/h~r signatures(f1" on the instrument the person<1f. or the
entity upon behalf of wmch the person{'f1 acted, executed the instrument.
WITNESS my hand and official seal.
s~'rure~~&{
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$ Notary PublIC . CalIIomIa I
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Bond Number: 024-022-962
Premium: $15,870/2 years
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That Waterman Avenue Partners. LLC . as Principal, and
the Libertv Mutual Insurance Comoanv ,a corporation organized and existing under the laws of the State
of Massachusetts and authorized to transact surety business in the State of California as Surety, are held and
finnly bound unto City of San Bernardino ,as Obligee, in the sum of Eil!ht Hundred Twentv Eil!ht
Thousand and NollOO - - - DOLLARS ($828,000.00), for which the payment whereof, well and truly to be made,
said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally,
finnly by these presents.
THE Condition of the foregoing obligation is such that, whereas the ahove bounden Principal has entered into a
contract/agreement, dated , with the Obligee to do and perform the following work: to wit:
Street Improvements at Waterman Business Park, Tract Map No. 17972
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. SEALED. DATED: November 12, 2007
Waterman Avenue Partners, LLC
(Principal),
Llbe
MutuallD uranee Com an
(Surety)
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,', \-\\/~\,,-- --
"'-- /' Irene Lau, Attorney In Fact
By:
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By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
California
Oranqe
On
NOV 1 2 1n07
before me,
Kathv R. Mair, Notarv Public
NAME, TITLE OF OFFICER, E,G.. 'JANE DOE. NOTARY PUBLIC
DATE
personally appeared
IffineLau---------------------------------------------,
NAME(S) OF SIGNER(S)
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personally know to me - OR - 0 proved to me on the basic of satisfactory evidence to be
the person~ whose name~ is/afe subscribed to
the within instrument and acknowledged to me that
fie/she/tRey executed the same in' Ris/her/tAeif
authorized capacity~, and that by Ris/her/tAeif
signature~ on the instrument the person~, or the
entity upon behalf of which the person~ acted,
executed the instrument.
r.o-.<> - - ~ - - - ~-" _. -1
' _ KATHY R. MAlR
_ .,:.,:;;r;i", Commission # 1572938
~ .v:.tb~, Notary Public, California ~
1 ,",,' Orange County f
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WITNESS my hand and official seal.
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Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Irene Lau
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Bond Number: 024-022-96
Premium included in Performance Bond
SUBDIVISION BOND
LABOR & MATERIAL/PAYMENT
KNOW ALL MEN BY THESE PRESENTS: That we Waterman Avenue Partners. LLC as Principal,
Libertv Mutual Insurance Comnanv , as Surety, are held and firmly bound unto Citv of San Bernardino
as Obligee, in the sum of Four Hundred Fourteen Thousand and NolIOO - - - - - - - DOLLARS ($ 414,000.00 )
lawful money of the United States of America, for the payment of which sum well and truly to be made, We bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a
Subdivision Agreement with the Obligee. dated , in which said Principal agrees to
construct designated public improvements, as follows:
Street Improvements at Waterman Business Park, Tract Map No. 17972
and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment
Bond as herein provided.
NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions,
or rented equipment used in, upon, or for or about the construction of the public improvements for performance of
the work to be done, or any work. or labor done of any kind, in or on such improvements, said surety will pay the
same in an amount not exceeding the sum set forth above.
This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or
furnishing labor and materials to them for the improvements.
SIGNED, SEALED, DATED: November t 2, 2007
Waterman Avenue Partners~ LtC
(Principal)
Libert Mutuallnsuran Corn an
(Su ely)
By: \,j..: ~ ~v..l.p~~~ ~<<iA.-'j'r.I,,(,
lis HI" "":)C r
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~~;J ~I\:S." Fvt J C:JO
,
By:
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Irene Lau, Attorney In Fact
--
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
California
Oranae
On
NOV 1 2 2007
DATE
before me,
KathvR. Mair, Notarv Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC
personally appeared
IffineLau---------------------------------------------,
NAME IS) OF SIGNER(S)
r;;"'-~--------t
KAlHY R. MAlR
. '"i'~ Comml..,lon # 1572936
~ ,;,,; ". Notary Public. California ~
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Signature of Notary Public
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Irene Lau
RIGHT THUMBPRINT
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MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Waterman Avenue Partners. LLC , as Principal. Libertv Mutual Insurance Comoanv , as
Surety, are held and firmly bound unto Citv of San Bernardino as Obligee, in the sum Two Hundred
Seven Thousand and No/100 ($207,000.00) Dollars, for the payment of which sum, well and truly to be
made, the Principal and Surety. bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written contract/purchase order dated
the Obligee to/for Streetlmorovements at Waterman Business Park. Tract Mao No. 17972
with
WHEREAS, said contract provides that the Principal furnish a bond conditioned to guarantee for the period
of One Year from the date of substantial completion of said job, by the owner, against all defects in
Workmanship and materials which may become apparent during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify
the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship
which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with
reasonable promptness.
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(Witness)
Waterman Avenue Business Park, LLC
(Principal)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
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OranQe
On
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DATE
before me,
Kathv R. Mair, Notarv Public
NAME. TITLE OF OFFICER. E,G., "JANE DOE, NOTARY PUBLIC
personally appeared
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NAME(S) OF SIGNER(S)
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authorized capacityfies3, and that by !:li&/her/U:leif
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J.A. .... - ... ... ....4~....A......._~
. KAIHY R. MAIR
_ '~ .;J,~; Commission # 1572938 1
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Signature of Notary Public
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Description of Attached Document
Tille or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT THUMBPRINT
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Signer's Name:
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1592567
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND,
This Power of Attorney limits the acts of those named herein. and they have no authority to bind the Company except in the manner and to
the extent herein sta~ed.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
IRENE LAU, KATHY R, MAIR, BETTY WALKER, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA
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, each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as sureW: and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
SEVENTY FIVE MilliON AND 00/100.................... DOLLARS ($ 75.000.000.00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, sliall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to 'make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys.jn-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or t~e president has authorized the officer or other official named therein to appoint attorneys-in~fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to" act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
N WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
iberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 5th day of Auaust
2004
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LIBERTY MUTUAL INSURANCE COMPANY
Bye
Garnet W.
4 IV. a<~
Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYL VANIA 55
COUNTY OF MONTGOMERY
On this ~ day of Auaust ,.2QQ!., before me, a Notary Public, personally came Gamet W Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed th_e corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WHEREOF, I hQvehQ,reunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. ..
BY~~
T er~sa Pastella, Notary Public
CERTIFICATE
I, the' undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys.jn-fact as provided in Article
Xlii, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by -facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of .any assistant secretary of the company, wherever appearing upon a
C.. certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
. with the same force and effect as though manuelly affixed.
NOV 1 2 2007
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
MARSH CERTIFICA TE OF INSURANCE CERTIFICATE NUMIER
LOS-000599344-03
PRODUCER THIS CERTIFICATE II ISSUED AS A MATTER OF INFO...."nON ONLY AND CON'ERS
C Marsh Risf & Insurance SeMees NO RIGHTS UPON THE CERnFICATIi HOLDER OTHER THAN THOSE PROVIDED IN THE
4695 MacArthur Court, Suite 700 POLICY, THIS CERTIFICATE DOES NOT "'IIEND, EXTlND OR AI.TER THE COVERAGE
(949) 399-5800 AFFORDED BY THE POLICIES DESCRIBED HEAEIN.
License #0437153 COMPANIES AFFOROING COVERAGE
Newport Beach, CA 92660 -
Attn: Beverly Diaz 949-399-5946 ccr!PANY
56637-00-00-06-07 A TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
.~-----~-- .
INSURED COIVPANY
Waterman Avenue Partners, LLC B N/A
The Vait Companies at al ---
21700 Oxnard Street. Suite 350 :::CMPANY
Woodland Hills, CA 91367 , C
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COMPANY
0
COVERAGES 3
THIS 1$ TO CERTIFY THAT POLICIES OF INSURANCE CESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOT'NITHSTANDING ANY REOUIREMENT. TERM OR CO".lDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICiES DESCRIBED HEREIN IS SUBJECT TO "'LL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIr,lS
CO !. TYPE Oil INSURANCE POLICY NUMBER j POUCY EFFECTIVE I POUCY iXPlRATlON 1 LIMITS
LTR I CATE (MMlCC/VY) I DATE IMMlODlVY) I
GENERAL UA81UTY I ! GENERAL AGGREGATE 1$ 2,000,000
X COMMERCIAL GENERAL LIABILITY ; Y660153 D7 31 7TIL*06 ,
A 1/15f06 ; 11f15/Q7 I PRODUCTS. COMP/OP AGG 1$ 2,000,000
'-'-::J, I
--0.....: CLAIMS MADE II] OCCUR I PERSONAL & ADV INJURY i $ 1,000,000
- OWNER'S & CONTRACTOR"S PRCT EACH OCCURRENCE $ 1,000,000
- FIRE DAMAGE IAn',' one flrel $ 100,000
. : MED EXP (An one .....rson \ $ 5,000
AUTOMOBILE UABtuTY ! I COMBINED SINGLE LIMIT $
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I- ANY AUTO : BOOILYINJURY
I- ALL OWNED AUTOS $
G SCHEDULED AUTOS ' (PerpetSOrl) ,
~ H'RED AUTOS I BODilY INJURY 1$
H NON.QWNEO AUTOS : (Periilccidenl) I
: PROPERTY DAMAGE 1$
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GARAGE UAIIUTY I I AUTO ONLY - EA ACCIDENT $
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I EXCESS UA81UTY I ! T EACH OCCURRENCE $ 20,000,000
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A ~ UMBRELlA FORM IYSMCUP 153D7317T1L-06 111/15/06 111/15/07 AGGREGATE $ 20,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND , I T I T~~.;>lli.tW-s I I OJ~ .'<'C;'".'.
IMPLOYERS' UA81UTY ,
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THE PROPRlETORl I El DISEASE-POUCY liMIT $
PARTNERSlEXEClJTlVE EXccl i EL DISEASE-EACH EMPlOYEEI $
OffiCERS ARE
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DESCRIPTION OP OPIAATlONSfLOCATlONSNEH1CLlSISPECIAL ITEMS
Evidence of Coverage
CERTIFICATE HOLOER CANCELLATION
SI-'OIjLD ANY OF THE PDUCES DESCRIBEO HEREIN BE CANCELLEO BEFORE THE EXPlRo<lTlOH DATE 'Tl1EREOF.
'n1E INSURER AFFQADING COVERAGE WlU. EM:l€AVOR TO MAll ---3.0. DAYS WRrrn;:H NOTICE TO n1E
City of San Bernardino CHl:T1FICA1E HOLOER NAMED HEREtN, BuT FAn.URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBllGAllOH OR
a Municipal Corporation
300 North "0" Street lIA61Urv 01' AIIIY KIND UPON TliE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATl'JES, OR 1HE
, San Bernardino, CA 92418 ISSUER OF THIS CERTlFlCATE
" MARSH US"' INC.
BY: John Graef -5. ~~
MM1(3/02) VALID AS OF: 11/12/07
. MARSH CERTIFICATE OF INSURANCE CIRTlFtCATI NUMlEft
LOS-000599344.04
PRODUCER THIS CERTIFICATE IS ISSUED AI A MATTIA Of' IN'ORllAnOH ONLY AND CONfERS
Marsh Risk"&. Insurance Services NO RIGHTS UPON THE CERTlFICAn HOLDIR OTHER THAN THOll PROVIDED IN THI
4695 MacArthur Court, Suite 700 POLICY. THIS CERnflCATI DOES NOT AMEND, IXTIND OR ALTlR THE COVERAGE
(949) 399-5800 AFFORDED BY THE pouelES DIICRI8ID HaRliN.
License #0437153 COMPANIES AFFORDING COVERAGE
Newport Beach. CA 92660 ,
AUn: Beverly Diaz 949.399-5946 COMPANY
556637-00-00-07-08 A TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
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INSURED COMPANY
Waterman Awnue Partners, LLC , B N/A
The Voit Companies el al i
21700 Oxnard Street, Suite 350 ! COMPANY
Woodland Hills, CA 91367 , C
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! 0
COVERAGES . ....... 3 ... ..
THIS IS TO CERTlFY THAT POLICIES Of INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOl'NITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDtnONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C!..AiMS
CO I TYPE OF INSURANCE i POLICY NUMBER POWCY EFFECTIVE I !tOUCY EXPIRATION UMITS
CT' DATE IMMlDDIYY) I CATi IMIIIDDlVYI
i GENERAL UABIUTY I ! 11/15/08 GENERAL AGGREGATE $ 2,000,000
A G<I COMMERCIAL GENERAL LIABILITY Y660153D7317Tll-07 11/15/07 PRODUCTS - COMP/OP AGG $ 2,000,000
~ CLA'"S MAOE ~ OCCUR I PERSONAL & AOV INJURY $ 1,000,000
EACH OCCURRENCE $ 1,000,000
~~ OWNER'S & CONTRACTOR'~ PROT I fiRE OAMll.GE (A"" one fire) $ 1DO,OOO
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DESCRI!tTION OF OP&IItATIONS/LCCATlON8NEHlCLES/8PECIAL.ITEM5
Evidence of Coverage
CERTIFICATE HOLDER CANCELLATION .-. -
SHOUlD ANY OF TliE POliCES DESCRIBeD HEREIN SE CANCEu.fD BEFORe THE EXPIRATION DATE THEREOF,
T'HE INSuRER AFFORCING COVERAGE Wn.l ENDEAVOR TO MAR. ---3D.. DAYS WRlTTEN NOl1CC TO 'Tl1E
City of San Bernardino Cl::RTlfICATE HOlDER NAMEO HERElN, BI1T FAilURE TO MAIL St.ICt1 NOTICE SHALL IMPOSE NO 08UGAT1ON OR
a Municipal Corporation
300 North "D" Street l~8lLlTY OF ANY KHD UPOI\l THE lNSLRR AffOROING COVERAGE, ITS AGENTS M REPRESENTA1'1IIE5. OR T\il
San Bernardino, CA 9241 B ISSIJER OF 'Tl1ISCERTlFICATE
~ MARSH USA INC.
IIY: John Graef ~. ~~
MM1(3/02) VALID AS OF: ,11/12/07 .-
. ,
. MARSH CERTlFICA TE OF INSURANCE CE"nFICA TI NUMIIR
LOS-000599583-o2
PRODUCER THIS CERTIFICATE IS ISSUED A' A IlATTlfll 0' IN'OIUlATION ONLY AND CONFEQ
Marsh Risk &. Insurance Services NO RIGHTS UPON THE CERTI'ICATE HOLDE"- OTHER THAN THOSE 'ROYJDED IN THE
4695 MacArthur Court. Suite 700 POLICY. THIS CERnFICATE DOil NOT .....IND. EXTEND Oil ALTER THE COVERACI
(949) 399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
license #0437153 , COMPANIES AFFOROING COVERAGE
Newport Beach, CA 92660 i--Zc;MPANY
56606-VCC-GAWUP-06-07 I A Westchester Surplus lines Insurance Company
INSURED I COMPANY
Valley Commercial Contractors, LP B N/A
21550 Oxnard Street, Suite 760 !
Woodland Hills, CA 91367 COt.ilPANY
, C Great American E&S Insurance Company
COMPANy
D N/A
COVERAGES 3
TI-lIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR TI-lE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTI-lER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO ! -, POLlCY EFFECTIVE POUCY iXPIRAnON i
LTR i TYPE OF INSURANCE POLICY NUMBER DATE IMMlDDIYY) DATE (MWDOIlY) UM"S
I
.! GENERAl. UABIUTY ! GENERAL AGGREGo\TE '$ 2,00D,DOO
A rx- COMMERCIAL GENERAL LIABILITY jG21982350002 11/15/06 11/15/07 PRODUCTS - COMPIOP AGG $ 2,OOD,000
I CLAIMS MADE i~ OCCUR; : PERSONAL & ADV INJURY $ 1 ,ODD,OOO
~ OWNER'S & CONTRACTOR'S PROT ! ! EACH OCCURRENCE $ 1 ,000,000
I i FIRE DAMAGE IAnvone fire\ $ 100,000
MEDEXP An"ong-lSOn' $ 5,000
, AUTOMOBILE UABIUTY $
!---. COMBINED SINGLE LIMIT
W ANY AUTO i
: I ALL OWNEDAIJTOS I BODILY INJURY $
H SCHEDULED AUTOS (Per person)
,
, HIRED AUTOS I BOO!L Y INJURY 1$
, : , NON-oWNED AUTOS (Per accident)
n I
h ! I PROPERTY DAMAGE $
~RAO. UABIUTY I AUTO ONLY - EA ACCIDENT i$
ANY AUTO OTHER THAN AUTO ONLY '-, .. .
EACH ACCIDENT $
I : I I AGGREGATE $
! EXCESS UABIUTY , 111/15/07 EACH OCCURRENCE $ 20,000,000
C R UMBRELLA FORM TSU2533435 111/15/06 AGGREGATE $ 20,000,000
I OTHER THAN UMBRELLA FORM $
WORK.'" COMPENSAnONAND I T~~.fl~Ws ! I UE~ ..;., , ,';
EMP'LOYEftS' UABILITY -
RINCLI EL EACH ACCIDENT $
THE PROPRIETOR! EL OISEASE.pOLlCY LIMIT $
i ,PARTNERs/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
lu,n"n , !
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DESCIQP'T10N 0' OPERA TIONSlLOCATIONSlvtHICI.ESISPECIAI. ITEMS
Evidence of Coverage
CERTIFICATE HOLDER CANCELLATION
S~OUUl "NY OF TliE POLICIES DESCRIBEO HEREIN BE CANCELLEO BEFORE THE EXPIRATlOH DATE THEREOF',
THE INSURER: "FFORDJNG CQVERA.GE WIU. EKJEAVQR TO MAL --30. DAYS WRITTEN NOTICE TO THE
City of San Bernardino CERTlfICA.TE Hcx.OER NA.MEO HERE.... BUT F"LURE TO MAIL SUCH NOTICE SHAL1.1MPOSE NO Q8L1GAT1ON OR
a Municipal Corporation
300 North "0" Street LIABILITY OF ANY KINO uPON THE INSURER AfFOROING COVERA.GE. m; AGENTS OIl: RePRESENTATlIIfS. OR THE
, San Bernardino, CA 92418 ISSUER OF THIS CERTlFlCATE.
,I MARSH USA INC.
BY: John Graef -5. f?-~
MMlI3/02) VALID AS OF: 11i12107
, ,
- MARSH CERTlFICA TE OF INSURANCE CE"'I'ICATl NUMlEIiI.
L05-000599583-o3
PRODUCER THIS CiRTJFICATE IS ISSUED AS A MAniA Of IN'OJllMAnON ONLY AND CO""RS
Mclrsh' Risk &. Insurance Services NO RIGHTS UPON THE CEJllTlflCATI HOLDER OTHER THAN THOSI "NaVIDIO IN THE
4695 MacArthur Court, Suite 700 POUCY, THIS CE"TlFlCATI DOES NOT AliENO, EXTlND Oil: ALTER. THE COVERAGE
(949) 399-5800 AFFORDED aY THE POUCIES DESCRIBED HEREIN.
License #0437153 COMPANIES AFFORDING COVERAGE
Newport Beach. CA 92660
COMPANY
56606-VCC-GAWUP-D7-Da A Westchester Surplus Lines Insurance Company
------
INSURED CQr'.lPANY
Valley Commercial Contractors, LP B N/A
21550 Oxnard Street, Suite 760
Woodland Hills, CA 91367 CO~J.PANY
, C Great American E&S Insurance Company
I
I COMPANY
I 0 N/A
,
COVERAGES . . 3" ....
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE JESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR iHE POLICY PERIOD INDICATED.
NQlWlTHSTANDING ANY REOUIREMENT, TERM OR CON:::JITION OF ANY CONTRACT OR OTHER DOCIJMENT WiTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ~E TERMS, CONDmoNS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE seEN REDUCED BY PAID CLAlr,IS
CO TYPE OF INSURANCE i POLICY NUMBER POUCY EFFECTIVE POUCY DPIIUTlON I UMlTS
LT' ! DATE (MMlDDIVY) DATE IMIlfDDIYY} ,
GENEftAL UABIUTY ! GENERAL AGGREGATE $ 2.000,000
A X COMMERCIAL GENERAL LIABILITY IG21962350003 11/15/07 111/15/08 PRODUCTS. CQMPfOP AGG $ 2,000,000
~:J ClAIMS MADE ~ OCCUR I ' PERSONAL & ArN INJURY $ 1,000,000
-= OWNER'S & CONTAAeTOR'S PROT I EACH OCCURRENCE $ 1,000,000
FIRE DAM4GE (Anv one fire) $ 100,000
: MEDEXPtAnvone.....rsool $ 5.000
AUTOMOBILE LlABIUTY i i COMBINED SINGLE LIMIT $
-
- ANY AUTO !
- ALL OWNED AUTOS BODILY INJURY $
IPerperson)
f- SCHEDULED AUTOS
I I BODILYINJURY
- HIRED AUTOS $
'" - NON-OWNED AUTOS I (Peraccldenl)
- I PROPERTY DAMAGE $
I
GARAGE UAIIUTY AUTO ONLY - EA ACCIDENT i$
-
- ANY AUTO i , OTHER THAN AUTO ONLY: '.,
f-- , 1 EACH ACCIDENT $
I I AGGREGATE $
EXCESS UAIIUTY , EACH OCCURRENCE $ 20,000.000
I i11/15/07
C M UMBRELLA FORM iTSU2533435 11/15/08 AGGREGATE $ 20,000,000
Ql'HER THAN UMBRELLA FORM i $
WORKEftS COMPENSATION AND I I T~~iL:UI'fs! I u~~ . ""J... ..,
EMPLOYI!IIUI' UAllUTY I
EL EACH ACCIDENT $
THE PROPRIETORf R:NCl ! EL DISEASE-POUCY LIMIT $
PARlNERSlEXECUTNE.
OFFICERS ARE: EXeL El. DISEASE-EACH EMPLOYEE $
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DESCRIPTION OF OPERATlONSlLOCATIONSNEHIClESlSPiCIAL ITEMS
Evidence of Coverage
CERTIFICATE HOLDER CANCELLATION . ..
....
SHOULD ANY OF THE POUCES DESCRIBED HEREIN BE CANCEUEO BEFORE THE EXPIRATION DATE niEREOF.
TI-IE :~URER AI'"I'"QRDING COVERAGE Will ENDEAVOR TO MAL --3D. DAYS WRITTEN NOTICE TO THE
City of San Bernardino CERT'I'ICAre HOLDER NAMED HERE.... aur fAILURE TO MAL SUCH NOTICE SHAU.IMPOSf NO OBLlGA11ONOA
a Municipal Corporation
300 North "OM Street LlABUl'Y OF ANY KNO UPON TJiE INSURER AFfOfWING COVERAGe, ITS AGeNTS OR REPFtESENTATlVES. OR !liE
... San Bernardino, CA 92416 ISSUERDF!lilSCERTlfICATE
"" MARSH USA INC.
BY. John Graef ..:3. ~~
MMlf3/D2) VALID AS OF: 11/12/07
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