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RESOLUTION (ID#2007) DOC ID: 2007 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Margo Wheeler M/CC Meeting Date: 09/04/2012
Prepared by: DeLisa Bryant,(909)384-5057
Dept: Community Development Ward(s): 5
Subject:
Resoultion of the Mayor and Common Council of the City of San Bernardino Approving the
Final Map for Tract Map No. 17699
Financial Impact:
There is no Financial Impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No previous Council Action.
Background:
On January 10, 2006, the Planning Commission approved Tentative Tract No. 17699 for a
condominium map with 24 mixed use residential and office units (Subdivision No. 05-29).
The original expiration date was January 10, 2008. An Extension of Time (EOT 07-13) was
filed extending the expiration date to January 10, 2009. The passage of a series of Senate and
Assembly Bills (SB 1185, AB 333 and AB 208) have extended the current expiration date to
January 10, 2014.
The developer, University Park Holdings, LLC, has posted the required bonds and insurance
and has executed the standard Subdivision Agreement to guarantee the construction within 24
months.
All conditions for map recordation have been satisfied.
City Attorney Review:
Supporting Documents:
TR 17699 Faithful Performance Bond (PDF)
TR 17699 Labor and Materials Bond(PDF)
TR 17699 Guarantee and Warranty Bond (PDF)
TR 17699 Subdivision Monument Bond (PDF)
TR 17699 LMD Landscaping Bond (PDF)
reso 2007 (PDF)
agrmt 2007 (PDF)
Updated: 8/29/2012 by DeLisa Bryant A6
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*Duplicate Original
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8.C.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles
On AUG 10 2012 before me, Susan E. Morales
re NmP uo Tc
Dab noary t
NIe of thO
personally appeared Janina Monroe
Name(a)of Slgne a)
who proved to me on the basis of satisfactory evidence to
be the persons) whose name) is/W subscribed to the
within instrument and acknowledgged to me that 1�/she/tbeQK
executed the same in DW9/hert�2.Qtauthorized capacitypsal r-
and that by W./hedt Wslgnature(it) on the Instrument the
SUSAN E.MORALES persorl or the entity upon behalf of which the person(X) o
1 COMM, # 1930723 acted,executed the instrument. u
Z .a -NOTARY PUBLIC•CALIFORNIA!
1.09ANOPLESCOUNTy I certify under PENALTY OF PERJURY under the laws of 1_
My Comm,Expires March 28,2of5 the State of California that the foregoing paragraph is true
and correct. n
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Witness my hand and official seal.
Signature Y} -rf—. rr), an , 1 °
Place Notary Seal Above nature of Nalery Pubac m
Susan E.Morales
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OPTIONAL
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Description of Attached Document 5
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Title or Type of Document: LL
Document Date: Number of Pages:
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Signal Other Than Named Above: NONE
Capacity(les)Claimed by Signers) d
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Signer's Name: Janina Monroe Signer's Name: rs
❑ Individual ❑ Individual
❑ Corporate Officer—Tltle(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
(0 Attorney In Fact ❑ Attorney In Fact
❑ Trustee a ❑ Trustee a
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02001 National Netery Aera.d.tion•935x6 De Sol.Aw.,P.O.Bar 2002-ceaueefth,CA 111313,2 4 02•v NadanolNotery.av Item/6901 Reorcler:Cell Ull - -
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POWER OF ATTORNEY 8.C.1
Lx - 76059
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY, a Texas Corporation,with its principal office i
Louisville, Kentucky,does hereby Constitute and appoint:
Janina Monroe Thnmac(4.Mr.Ca1),Paul Boucher, ***********t
Keith W.Nowell
++++*+*++++++++++++++++++++++++++++++++++++++++*+++++++++*++++++++++*+++*+++++*sr+•
Its true and lawful Attorney(s)-In-Fact to make, execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings c
other writings obligatory in nature of a bond.
This authority Is made under and by the authority of a resolution which was passed by the Board of Directors of LEXOI
INSURANCE COMPANY on the fat day of July, 2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company c
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies,contracts of Indemnit
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Compan
might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by a
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elects.
officers of the Company.Any Attorney-In-Fact, so appointed,may be removed for good cause and the authority so granted may be revoke
as specified in the Power of Attorney. t-
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorne e
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such powe c
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s, U
executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu, Q
to be valid and binding on the Company. ..
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IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it
Corporate Seal to be affixed this 2nd day of July,2003.
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LEXON INSURANCE COMPANY o
UT 9rPANCF m TEXA
BY E
David E.Campbell t President C
ACKNOWLEDGEMENT ,.�.
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On this 2nd day of July,2003,before me,personally came David E.Campbell to me known,who being duly sworn,did depose am LL
say that he is the President of LEXON INSURANCE COMPANY,the corporation described In and which executed the above instrument;the m
he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ^
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OFFICIAL BE ~
MAUREEN K.AYE _ o
Notary Public,State of Illinois
My Commission Expires 09/21113 Maureen K.Aye
CERTIFICATE Notary Public Al
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I, the undersigned, Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that thr
original Power of Attorney of which the foregoing is a true and correct copy, Is in full force and effect and has not been revoked and tht
resolutions as set forth are now in force. rt
Signed and Sealed at Lombard, Illinois this f1 f , 20 .
U(TI AN /) A--k �b/S���,(U-�.1 s �'�
Donald D. Buchanan
Secretary
"WARNING:Any person who knowingly and with Intent to defraud any Insurance company or other parson,Illes an application for Insurance or
statement of claim containing any materially false Information,or coneeeis for the purpose of misleading,Information concerning any fact materl-
al thereto,commits a fraudulent Insurance ad,which Is a crime and subjects such person to criminal and clvit penalties."
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8.C.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles
On AU G P Zl3—?— before me, Susan E. Morales,Notary Public ,
3,a here Inert Name and TNIe of the o r
personally appeared Janina Monroe _ e,
Neme(s)of Slgnar(s)
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name(x) is/3gmcsubscribed to the
within instrument and acknowledgged to me thatklefshe/tba�( .-
executed the same In 1%/her/.t¢�X authorized capacity(f88�, r
and that by ft/her/tbtkRslgnatureQ3) on the instrument the
SUSAN E.MORALE3 person(X),or the entity upon behalf of which the person(X) c
acted, executed the instrument.
COMM.# 1930723 g C
Z NOTAR1MIM11 C.CALIPOaNIA I certify under PENALTY OF PERJURY under the laws of r
LOS ANGHLes March 8,2 the State of Callfomia that the foregoing paragraph is true ¢
My Comm Evpuee March 28,2015 and correct.
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Witness my hand and official seal. N
Signature �1 ueaM
Place Notary Seal Above igrere lu of NOlery Public Susan E. Morales m
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OPTIONAL m
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Though the information below is not required bylaw, It may prove valuable to persons retying on the document ii
and could prevent fraudulent removal and reattachment of this form to another document,
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Description of Attached Document �
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Title or Type of Document:
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Document Date: Number of Pages: m
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Signer(s)Other Than Named Above: NONE a:
Capacky(les)Claimed by Signer(s) E
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Signer's Name: Janina Monroe Signer's Name: s
❑ Individual ❑ Individual ¢
❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
® Attorney In Fact ❑ Attorney In Fact
❑ Trustee e ❑ Trustee a
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 NIional Notary A WWIWn-MODS Soto A",P.O.W%2402`Ohalwmnh.CA 91313.44M-w NaaonalNotary.or9 Ilamtl6907 RWMev CN(7ojj. -
PacketPg. 84
POWER OF ATTORNEY
Lexon Insurance Company Lx - 76062
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation,with its principal office it
Louisville. Kentucky,does hereby constitute and appoint
Janina MOnme Thnmac('. Mn('al), Panl Rnncher ******+***++
Keith W.Newell
*««s++s«s«s*«*s+s«*+s+*+s+«ss+++«++s++sss+*++++««*s++**s«s«++++*+++**+«s*«++*+***«+
its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on Its behalf as surety,ally and all bonds, undertakings o
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXOh
INSURANCE COMPANY on the let day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company 0
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bands, undertakings, policies, contracts of Index ip
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Companj
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by or m
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly electec n
officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoke(
as specified in the Power of Attorney.
H
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney c
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power 200
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power Sc U
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,continue Q
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and Its o
Corporate Seal to be affixed this 2nd day of July,2003.
LEXON INSURANCE COMPANY c
C((IINSUFIANcr..N...F m XAS v R}}g BY •PANY .r David Campbell
President 9
C
rs
ACKNOWLEDGEMENT `o
0
On this 2nd day of July,2003, before me,personally came David E.Campbell to me known,who being duly sworn,did depose and
say that he is the President of LEXON INSURANCE COMPANY,the corporation described In and which executed the above instrument;that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation,
lY
"OFFICIAL 3EAL°
MAUREEN K AYE
Notary Public,State of Illinois
My Commission Expires 09121113 Maureen K.Aye v
CERTIFICATE Notary Public m
I,the undersigned, Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force. -AUG Signed and Sealed at Lombard, Illinois this U v 10 29Jof ,20
JDonald D. Buchanan
Secretary
"WARNING:Any person who knowingly and with Intent to defraud any insurance company or other person,flue an application for Insurance or
statement of claim contalning'any materially false Information,or conceals for the purpose of misleading,Information conceming any fad meterl.
at thereto,commits a fraudulent Insurance act,which Is a crime and subjects such person to criminal and civil penalties." paekaL Pg. 85
8.0.3
*Duplicate Original
EXECUTED iN TRIPLICATE
Maintenance
gDnd
Warranty Term
In years Prdmlunt $44300
aond Number 1064904
MAINTENANCE BOND
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Duplicate Original Executed on: August 10, 2012
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8.C.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles
On AUG 1. 0 2012 before me, Susan E. Morales, Notary Public
Dale ere lease Name and TNle of the Officer
personally appeared Janina Monroe c'
Name(e)W Slgnar(s)
who proved to me on the basis of satisfactory evidence to A
be the persci whose name(A) is/3p'e(subscribed to the
within instrument and acknowledgged to me that)W 0:executed the same in PM/her=authorized capacityp�,
SUSAN E.MCRALE3 and that by W./her/)b®ptsignature(7i) on the instrument the c
persorl or the entity upon behalf of which the person(7r)
COMM. I 1930723 z ti
z � NOTARY PUBLIC-CALIFORNIA acted,executed the Instrument. �
LOS ANaln."counry I certify nder PENALTY OF PERJURY under the laws of
ray Comm.Expires Msrcn 25,2015 the State of California that the foregoing paragraph is true
and correct. °o
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Witness my hand and official seal.
9
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Signature SAP n � rmi 110
Place Notary Seal Above �wenalured Rotary Public
Susan E.Morales
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OPTIONAL
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Though the information below Is not required by few, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document. �
la
Description of Attached Document m
Title or Type of Document: m
Document Date: Number of Pages:
m
Signers)Other Than Named Above: NONE r
z
Capacity(les) Claimed by Signer(s)
E
Signer's Name: Janina Monroe Signer's Name:
❑ Individual ❑ Individual ;?
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)' Q
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
I$I Attorney In Fact ❑ Attorney In Fad
❑ Trustee ' ❑ Trustee a
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other. ❑ Other:
Signer is Representing: Signer is Representing:
02007Nalteet NMary ACeOOt4YOn•9350 De SON AV...P.O.13w2402•Chafed,CA9131&2402-..NrtlomlNotb,., Item"901 Reodee Call TdV - -
Packet Pg. 87
POWER OF ATTORNEY 8.0.3
Lx - 76064
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY, a Texas Corporation,with its principal office
Louisville, Kentucky,does hereby constitute and appoint:
Janina Mnnrner Thnmae(: MnCa Pflrr g0UC11PTr. +ttt++++t++
Keith W.Nowell
++t+rrrrttt«rrrr«ttt+ttrrrt+tt«+rtrrr«tttt+t+t++r++r+++++++tt+»+t+t+++++ttt++++tt
its true and lawful Attorneys)-In-Fad to make,execute,seal and deliver tor,and on its behalf as surety,any and all bonds, undertakings
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXO
INSURANCE COMPANY on the 1 at day of July, 2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company r
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies, contracts of indemni',
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars, which the Compar o+
might execute through Its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by e 00
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elects
officers of the Company.Any Attorney-In-Fact,so appointed, may be removed for good cause and the authority so granted may be revoke F
as specified in the Power of Attorney.
c
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorne e
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such pow( U
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power a 'C
executed and sealed and certificate se executed and sealed shall,with respect to any bond of undertaking to which it is attached,continu Q
to be valid and binding on the Company.
0
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it r
Corporate Seal to be affixed this 2nd day of July,2003. .a
c
LEXON INSURANCE COMPANY coo
0 0 a
c
A
TEXAS
INSURANCE > BY
COMPANY
>ti � David E.Campbell c
President m
ACKNOWLEDGEMENT
A
On this 2nd day of July,2003, before me,personally came David E.Campbell to me known,who being duly sworn,did depose an
say that he Is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above Instrument;the 0
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. on
m
"OFFICIAL SEAL"
MAUREEN K.AYE r
Notary Public,State of Illinois I�
d
My Commission Expires 09121113 Maureen K.Aye E
CERTIFICATE Notary Public
R
I, the undersigned, Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that th Q
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and th
resolutions as set forth are now in force. 'I,
Signed and Sealed at Lombard, Illinois this Q-UG 10 20 Zy of ,20 .
)yJ„?N`FO
A .- A O
TEXAS 9
INSURANCE Iz d ,r/
J COMPANY {T h' MM
Donald D. Buchanan
Secretary
"WARNING:Any person who knowingly and with Intent to defraud any Insurance company or other person,files an application for Insurance or
statement of claim containing any materially false information,or conceals for the purpose of misleading,information concerning any fact materi.
al thereto,commits a fraudulent Insurance act,which is a crime and subjects such person to criminal sun civil penalties."
Packet Pg.88
*Duplicate Original
ExECUTED IN TRIPLICATE
SuBDMSION MONUMENT BOND
Bonding Company Lexon Insurance Com n TRACT NO 17699
Address 256 Jo on Mea we DrNa Suite 201 _ _ PARCEL MAP NO
tatty Hamn�keBm 7N 37D75 _ __ BOND NO 1884102
PREMIUM 5718 00
m
n
KNOW ALL BY THESE PRESENTS
That Vmvertrty Pedf LLB _, Subdivider, as Principal, r
and Lexan lnso tie a .
an Bemerdlno
A Corporation,as Surety,are herby)amity and severed y bound to pay to tie Ity of S sum of o
4 7 20!Pour lboueand eygnhunaed donare wdl(aL °
U
The cordlaon of the cbhgahon in Net wtomes the Subd pdar, as a Conddron of are Avg of the five Q
subd Nisnn map of(Tract.PK 17889 entered 0110 an 1191enmant w6h said Cdy to net ..
Suvey Monumenp and Ile Points in said tract and Kroner,Tie Notes therefor end to Pay the engineer or n
surveyor pertormmg the work,on fun,widen 30 days aRercOmPlatror+ -
N
NOW,THEREFORE, if the subdivider 9he8 well and truly Perform said agreement during the orgIDat tens .o
thereof or Many edeneton of said term lost may be granted by the Board of Supcnori of the Ctty Of San o
Bamardmo wrdt a w4hout nobds be the Surety,this obligation shall ba voki,oiltarw+se d ahall reraan in fug m
forceandafled
c
As pan of tie obligeton Secured hereby and n addition W the Lace amount speafled Srerefor.then shop be 0
Included teats and malwAnVir axpensee and t00%,mcludlnB rei sonabla adcmay's fees,incurred by City in 3
successfully enioromg such obllgatim all to be taxed as rite and rmludbd M any fi dgment tendered p
M
The Surety hereby slipail s and agrees that no change,extanskm of time,toleration or addldon to the larvae C
of eye a9reement OF to too WDrR to be performed thereunder a 51e spairkabona accompanying the same o
shaP n any+rrse egad as obhgauona on this bond,and d does hereby waNa nabee of any such change, '7)
axleneon of bane,allereton or adds on to the berme of the agreement or to the work or to the apectBCetlons -
v
Dated jum,3 2810 Duplicate Original Executed on!August 10,2012 3
N
Name of Prtngpal Unrvemty Perk L4C,a Celdomta lututed Imbdtty company �
m
By University Park Management,LLC,a Cablomla -
limited hob"Company,its maWN cc
Authorized Sgnawre(s) By
Tdk(s) James R Watsm MarmrL E
of COrpombon,Affa BeaQ - o
tit
Q
Name of Surety Lexon nsurance
Authorized Signature By
Title Mina Alinroe
(Affix Corporate Seal)
'6
Packet Pg. 89
8.C.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County/of Los Angeles 7
On AU(Y 10 2012 before me, Susan E.Morales, Notary Public ,
pale Hare W Name antl ale of the Officer
personally appeared Janina Monroe "
Ni of Sipner(s)
T
who proved to me on the basis of satisfactory evidence to
be the persona) whose namely) is/;=subscribed to the
within Instrument and acknowledged to me that Wsh
executed the same in BD4/her authorized capacity' F-
SUSAN E. MORALES and that by WhedlbemCsignatureL�)on the instrument the
COMM.# 1930723 i persona), or the entity upon behallf of which the person(X) o
Z ° NOTARY PUBLIC.CALIFORNIAX acted, executed the Instrument
LOS ANORLNS COUNTY t
My Comm.Expires March 2e,2015 1 certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
0
0
Witness my hand and official seal.
Signature Mu ooin 1G Mon x,o 0
Place Notary Seal A6ovo Signature of Wary Public all
Susan E. Morales
c
Q)
OPTIONAL
Though the information below Is not required by law, it may prove valuable to persons relying on the document 0
and could prevent fraudulent removal and reattachment of this form to another document
c
O
Description of Attached Document 'm
Title or Type of Document:
y
Document Date: Number of Pages:
m
Signers)Other Than Named Above: NONE
t-
Capeclty(ies)Claimed by Signer(s) a
E
Signer's Name: Janina Monroe Signer's Name:
❑ Individual ❑ Individual - z
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): Q
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
® Attorney In Fact ❑ Attorney in Fact
❑ Trustee a ❑ Trustee a
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
C
®2007Netlonel Notary Aaaadallon•a350 Da Sob Ave.,P.O.BOZ2afQ•CheMwonh,CA a1313T002•www.NetlonelNolery.arg ISM 115807 RaoNer:Cell idl4Fl -
PacketPg. 90
POWER OF ATTORNEY
Lexon Insurance Company Lx - 7 6055
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY,a Texas Corporation, with its principal office
Louisville, Kentucky,does hereby constitute and appoint:
Tanina Mnnrney_Thnmac G. McCall, Pan] Boucher *++++++*++*
Keith W.Newell
+++++++++++++++++++++++*+++++++++++++++++++++++++++++++++++++++++++++.++++++++++++
Its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for, and on its behalf as surety, any and all bonds, undertakings I
other writings obligatory in nature of a bond.
This authority Is made under and by the authority of a resolution which was passed by the Board of Directors of LEXO
INSURANCE COMPANY on the tat day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company c
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies,contracts of indemnt
or other writings obligatory In nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars, which the Compar a,
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by a m�
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly electe
officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoke W
as specified in the Power of Attorney.
a
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of aftorne o
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such pow( 0
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s .0
executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu Q
to be valid and binding on the Company. r-
c'
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by Its President, and it
Corporate Seal to be affixed this 2nd day of July, 2003.
9
LEXON INSURANCE COMPANY o
M
UIINSURANCE ` ( JC BY 0
David E. Campbell f
% President c
ACKNOWLEDGEMENT
v
On this 2nd day of July,2003,before me,personally came David E.Campbell to me known,who being duly sworn,did depose an
say that he Is the President of LEXON INSURANCE COMPANY,the corporation described In and which executed the above instrument;IN
he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
n_
Y
°OFFICIAL SEAL" i-
MAUREEN K.AYE
Notary Public,State of Illinois
My Commission Expires 09121/13 Maureen K.Aye
CERTIFICATE Notary Public u
R
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th. Q
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and th.
resolutions as set forth are now in force. 9
Signed and Sealed at Lombard, Illinois this AU G 10 2�I� ,of , 20
JFtANO
\�5....... <210
A
02 TE%AS ''0
>( ' INSURANCE Z �yj/
11� COMPANY ,r
Donald D. Buchanan
......+'f Secretary
"WARNING:Any person who knovilr✓gly and with Intent to defraud any Insurance company or other parson,files an application for Insurance or
statement of claim containing any materially false Information,or conceals for the purpose of misleading,Information concerning any fact materl-
al thereto,commits a fraudulent Insurance act,which Is a crime and subjects such person to criminal and c1v1I penalties."
Packet Pg.91
pies "
*Duplicate Original
EXECUTED N TRIPLICATE BaidN. 10641DI -_
Praotaan_t2,@ M
SGBD11iMUN LAWR Am h4ATMALDOM-CALWORNIA
dfIB&AS C4<W-3r ama . Smta of Cilnfmrua, and
IN
.,Pnnmpal)have auzcd Into en egrmmem wherobv pamwpal agrees to enetdl and complete carman dersgtanad public
mi,mvemroo, whmh mid agrcomort, dated _ 2➢10 and ukim pail are Fsolect for,
and is hmaby
"fared to end made n pan harmf,and
W1IB(LEAS,Wider the arms of said acre anind,Pnn "l+areTUredbefwa emmmg upon;the pariormana of the wwk,to �
file a good mid sull msm Payment band with ihn to m
scoop,itw claims to which reference is made an Trtla 15(eammMM wah Section 3081_)as Pert 4 of D rutoo 3 of the
Osvd Cole ofilx Slate ofcaadon al
Now, therefore, and principal and the wdamgeed as =pmspne Sv"ry, me hold and firmly Wand man F"
�ygdadgpn ++a _ -(hsremaferdesignewdes"Obhi )ondall o
wmraetiss,aubuontramas, labraa, mmcrtutmm erns olbv pemmes employed m the pnioitoarn.n of tlx afaraaed o
ttgr asmm0. and rrferted to m rbe afaenatd Colo of Crvd Proccdtt", m the awn of U
_Oltt Hmemad E OMean Tfmrsand SeieMV Dollar erd iro/_1(In- dollars "
(�J1fl,ma on �. to rnmennl hurnsl¢d or labor therex of wry t9d, w for mioiatu due under the q`
tkumploymrnt lmsaeam Act rvnfi reapeot to such work err leb:p,Yt'h_aty sad 5sety will pay the ssn+c m en aprnua irot
eccadmg rho amn herooabove ca[o0s end al»m tare tta[is lxagtn Upon thins fiord,wmll pay,m eddmon m Ne face c
amaa4 dureoC isv7c Arid"emixble nPenus evd fee4 amdudmg renxneb+e ehomny'a Ceea,tnmared by Ow Ubhgee r N
auccr<sisdly mfacmg swh obhga4on to he ou'aNed end M.ed by ilia eoitt,nII m be teed as Inca and ewlWud r the
pidga+em haemrutadaed Its
- A is vxpmxty
VV DI* agreed that dace banal shall warm to the bamifit of arty mid all persons, svmpattms and in
oorpxmtmv onteled to Llo cleans urAer Title 15(commencing with&-at=3082)of Pert 4 of Drvissat 3 of the C<sd rn
Cade, w 0imn wthea assigra in mrysmt hrmgMrtponUna limit
in
in
Should the wnddmn otltus Fmmd be IeaDy pxformaS than Ulm obpgaaon shall fipeatie nWl and voaL od+envlae it slmil be �
w
and remem to Ailt force and cff«l 'm
c
m
rho suety hereby atpdalab and trgreu lhal no change, exlsnaw of lime,ellemaoa W addtuan to the iGms of anal —i
-eg"emam or are sPtaiUaeiram iwmequag st the same shall in any mormaaf fen a5 obhgauons on flu bond and a door
hereby wave notice army push ehmgA"manan,chairman waddium
IN NTTNhSS VAIMOF, dus uatnaneW has beam duly c cptod by Principal and Satiny teemed,
M . — an $.2016 nmwaaq Pak,LLC,a Carman.amInd IIWV aaapear
Duplicate Original Executed on:August 10,2012 By 0moroy nayk h4nay.nna,Ii tbalama limited W
lebadv mmeenr nit eiaxper
"a Mu
m
By Watmn a u
xt
m
� xt
LeoonFn ny
Surety
B
anin ttorney-In-Fact
1980 Suite 1250
Irvine,CA 92612
i
8.0 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles
On AUQ ® 9
before me,
ZD 12 Susan E. Morales Notary Public
Dab Hare lnaeG Name antl Tilbof the ker
Monroe <
personally appeared Janina Nama(a)otsipne al
who proved to me on the basis of satisfactory evidence to ;,
be the person%) whose name(x) is/msubscribed to the CM
within instrument and acknowledgged to me that)m/she/Hm
executed the same in DW rier/iW/@AC authorized capacityli*,
�+•+�^^•^'^�'^'^ and that by ftlher/fb0dxsignature(a)on the instrument the I_
SUSAN E. MORALE3 person0g),or the entity upon behalf of which the person(X)
COMM."41930723 1930723 z acted, executed the instrument. o
NOTARY PUBLIC-CALIFORNIA; 0
? LOSANGELRSCOUNTY I certify under PENALTY OF PERJURY under the laws of 0
My Comm.Expires March 2s,2015 the State of California that the foregoing paragraph Is true a
and correct.
F.
Witness my hand and official seal,
Signature
Place Notary Seal Above nature 01 Notary Public 0
Susan E.Morales m
OPTIONAL
.a
Though the information below is not required by law, it may prove valuable to persons relying on the document m
and could prevent fraudulent removal and reattachment of this form to another document.
c
Description of Attached Document
D
Title or Type of Document:
m
m
Document Date: Number of Pages:
Signer(s)Other Than Named Above: NONE
c
Capacity(ies)Claimed by Signers) E
s
U
Signer's Name: Janina Monroe Signer's Name:
❑ Individual - ❑ Individual - a
❑ Corporate Officer—Title(s): ❑ Corporate 0111cer—Title(s)'
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
® Attorney In Fact ❑ Attorney In Fact
❑ Trustee O Trustee Y
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer Is Representing:
®200]Ne11onYlNdery Aawclelbn•03a00a Sam AV4.,P0.BOx 2402•GaelswaM,CA%31&2402•wxw.NatbnelNmerycry Item Y5aW aecrdar:CeIITcIFF
Packet Pg. 93
POWER OF ATTORNEY S.C.5
Lx - 76051
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office
Louisville, Kentucky,does hereby constitute and appoint:
ianinaMol roe- ThottlasG McCall,Paul Boucher. *++rarrrsrr,
Keith W.Newell ss++s+srress+s+++s+srrsrp+rrsrsr+sssssssssssrs+sr+rrrss+++++rrrrrsrrsrrr++++s+rrr.
Its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for, and on its behalf as surety, any and all bonds, undertakings I
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXO
INSURANCE COMPANY on the tat day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings, policies, contracts of Indemni
or other writings obligatory In nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Compar
might execute through Its duly elected officers, and affix the seal of the Company thereto.Any said executlon of such documents by a
Attorney-In-Fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly electe m
officers of the Company. Any Altorney-In-Fact, so appointed,may be removed for good cause and the authority so granted may be revoke
as specified in the Power of Attorney.
IY
Resolved,that the signature of the Presiders and the seal of the Company may be affixed b facsimile on an ~
g p y y y y power of attome >,
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such pow( p
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power a o
executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu r
to be valid and binding on the Company. Q
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it c
Corporate Seal to be affixed this 2nd day of July, 2003, N
LEXON INSURANCE COMPANY v
c
JFAANCF o
o
of
0(INVURA.0 EXAS
E Z B Y
jMPANY r,r David E.Campbell ,cn
President
ACKNOWLEDGEMENT
D
g
On this 2nd day ,of July,2003,before me,personally came David E. Campbell tome known,who being duly sworn,did depose an m
say that he is the President of LEXON INSURANCE COMPANY,the corporation described In and which executed the above instrument;the
he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
fY
F
"OFFICIAL SEAL"
MAURion xp K.AYE n Ay , , n E
Notary Pubec,State of Illinois `-'�Q�-
L
My Commission Expires 09/21113 Maureen K.Aye M
CERTIFICATE Notary Publlc
Z
I, the undersigned, Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that thi
original Power of Attorney of which the foregoing Is a true and correct copy, is in full force and effect and has not bean revoked and thi
resolutions as set forth are now in force. A (: q 9
Signed and Sealed at Lombard, llllnols thAU v 1 o LO 1 bay of ,20
C,
A O
TEXAS �O
X•ii INSURANCE
COMPANY j.�
•.• Donald D.Buchanan
Secretary
"WARNING:Any person who knowlaoil;,and with Intent to defraud any insurance company or other person,files an application for insurance or
statement of claim containing any materially false Information,or conceals for the purpose of misleading,information concerning any fact materi-
al thereto,commits a fraudulent Insurance act,which Is a crime and subjects such person to criminal and civil penalties."
Packet Pg.94
S.0
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17699,
LOCATED ON THE NORTH SIDE OF CAMPUS PARKWAY BETWEEN
4 PINNACLE LANE AND VALLES DRIVE IN THE RL, RESIDENTIAL LOW LAND
USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
5
SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
7
in
8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
9 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
rr
10 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. c
0
11 17699, located on the north side of Campus Parkway between Pinnacle Lane and Valles Drive r
12 a
in the RL, Residential Low land use district, together with the provisions for their design and a
13 N
improvement,is consistent with the General Plan of the City of San Bernardino.
14
15 SECTION 2. The City Manager of the City of San Bernardino is authorized to
m
16 execute the standard form Subdivision Improvement Agreement with University Park
r
0
N
17 Holdings, LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are o
18 required by Title 19 of the San Bernardino Municipal Code and the California Subdivision
19
Map Act. The time for performance is as specified in the Agreement. Said improvements are o
20
21 specifically described and shown on Drawings approved and on file in the office of Z
22 Community Development of the City of San Bernardino.
23 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of
24 San Bernardino hereby accepts as public property all dedications within the subdivision as
25 shown on said Tract Map for streets, alleys (including access rights), drainage and other
26
27 public easements. As a condition precedent to approval of the Tract Map,the Subdivider shall
28 fast execute the Agreement referenced in Section 2 hereof for the improvements within said
Packet Pg. 95
fi.C.6
1 Tract Map limits. The City Clerk shall certify approval and acceptance of the Mayor and
2 Common Council as set forth in this Resolution.
3 SECTION 4. This Resolution is rescinded if the parties to the Agreement fail to
4 execute it within sixty (60) days of the passage of this Resolution.
5 /
6
7
8 0
°
9
r
10
0
11 u
C
12 a
13
N
14
0
15
d
16
°
17 N
O
18
19
L
20 8
21 a
22
23
24
25
26
27
28
PacketPg. 96
S.C..
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17699,
2 LOCATED ON THE NORTH SIDE OF CAMPUS PARKWAY BETWEEN
PINNACLE LANE AND VALLES DRIVE IN THE RL, RESIDENTIAL LOW LAND
3 USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
4 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
5 FOR PERFORMANCE SPECIFIED.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting
8 thereof,held on the_day of ,2012,by the following vote,to wit: A
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
r
0
11 MARQUEZ 0
C
12 JENKINS a
13
VALDIVIA
14 SHORETT
C
0
15 "
16 KELLEY
17 JOHNSON $
0
18 MCCAMMACK
19 E
s
20 Georgeann Hanna,City Clerk a
21
22 The foregoing Resolution is hereby approved this day of , 2012.
23
9
24 Patrick J. Moms, Mayor
25
26 Approved as to form:
James F. Penman,
27 City homey
28 By:
i
Packet Pg. 97
i
F8.C.6
AGREEMENT
(Subdivision hnprovements) w 9
THIS AGREEMENT is made and entered into a! ! f lay of
2012, by and between the CITY OF SAN B iicipal
C6rpoflation,hereinafter referred to as"City,' and University Pan natter
referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called"map") entitled Tract No. 17699;and,
m
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 o
0
referred to and incorporated herein; and, u
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C. WHEREAS, Subdivider has requested approval of the map prior to the o
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construction and completion of improvements, including all streets, highways or public ways
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and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter m
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called "subdivision") designated in the map, all in accordance with, and as required by, the
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Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the c
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limits of the subdivision, which Plans and Specifications are now on file in the Office of the «
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City Engineer of the City; and, s
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D. WHEREAS, Council has approved said map and accepted the dedications a
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
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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
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changes required or ordered by said Engineer which, in his opinion, are necessary or required �
to complete the work. c
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2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be C
done at the places, of the materials, in the manner, and at the grades, all as shown upon the g
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Plans and Specifications therefor, heretofore approved by City Engineer and which are now ..
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on file in his office, and to the satisfaction of said City Engineer.
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3. Work: Time for Commencement and Performance. City hereby fixes the time
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for the completion of said work to be within 24 months from the date hereof. c
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4. Time of Essence — Extension, Time is of the essence of this Agreement; c
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provided that, in the event good cause is shown therefor, the City Engineer may extend the
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time for completion of the improvements hereunder. Any such extension may be granted a
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
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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
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Packet Pg. 99
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 ea
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approval,of the City Engineer.
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6. Utility Deposits—Statement. Subdivider shall file with the City Clerk, prior to c
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the commencement of any work to be performed within the area delineated on the map, a r
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written statement signed by Subdivider, and each public utility corporation involved, to the o
effect that Subdivider has made all deposits legally required by such public utility corporation
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for the connection of any and all public utilities to be supplied by such public utility w
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corporation within the Subdivision.
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7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, NO
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obtain all necessary permits and licenses for the construction of such improvements, give all c
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necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
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provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent,satisfactory to the City Engineer on the work at all times during progress,with
authority to act for Subdivider.
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
3
Packet Pg. 100
8.G.8
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 A
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the improvements and acts to be performed as security for the payment of all
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persons performing labor and furnishing materials in connection with this c
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Agreement; and,
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(c) An amount equal to at least twenty-five percent (25%) of the total estimated o
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cost of the improvements and acts to be performed as security for the guarantee
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and warranty of the work for a period of one(1) year following the completion w
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and acceptance thereof against any defective work or labor done, or defective
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materials furnished. NO
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As a part of the obligation guaranteed by the security and in addition to the c
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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.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
4
Packet Pg. 101
m. .
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation Insurance/Employer's Liability Insurance. a
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Subdivider shall maintain, during the life of this Agreement, Worker's �
Compensation Insurance and Employer's Liability Insurance for all c
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Subdivider's employees employed at the site of improvement, and, in case any r
work is sublet, Subdivider shall require any contractor or subcontractor o
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similarly to provide Worker's Compensation Insurance and Employer's p
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Liability Insurance for all contractor's or subcontractor's employees, unless a
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such employees are covered by the protection afforded by Subdivider. In case
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any class of employees engaged in work under this Agreement at the site of the e
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project is not protected under any Worker's Compensation Law, Subdivider c
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shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected. ¢
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
5
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 6
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contractors, directly or indirectly employed by either Subdivider or any
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contractor or subcontractor, and the amounts of such insurance shall be as `o
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follows: r
(1) Public Liability Insurance. In an amount not less than One Million o
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Dollars ($1,000,000.00) for injuries, including, but not limited to,
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death, to any one person, and, subject to the same limit for each person,
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in an amount not less than One Million Dollars ($1,000,000.00) on
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account of any one occurrence; Product Liability Insurance coverage o
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should be part of the Public Liability Insurance;
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(2) Property Damage Insurance. In an amount not less than One Million E�
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Dollars ($1,000,000.00) for damage to the property of each person on ¢
account of any one 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
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
6
Packet Pg. 103
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 6
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completion of the project. All subcontractors must and shall comply
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subdivider(s).
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i (4) Personal Iniury— Defined. As used herein, the term "personal injury" o
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shall be defined as a hurt or damage to one's person including, without R
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limitation, damage to health, cuts, braises, 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, slander, o
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malicious prosecution, false imprisonment or mental suffering.
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12. Evidence of Insurance. Subdivider and contractor shall famish City, �
concurrently with the execution hereof, with satisfactory evidence of the insurance required, a
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
j in coverage of any policy during the effective period of this Agreement.
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13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
1
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
7
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S.C.6
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and causes 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 on any
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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
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the City) and without limitation by enumeration, all other claims or demands of every
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character occurring or in any way incident to, in connection with or arising directly or �
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indirectly, (including from the negligent performance by its officers, employees, agents) from `o
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the terms of this Agreement, whether such operations/incidents are caused by contractor, t
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or o
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more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
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or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
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shall investigate, handle, respond to, provide defense for and defend any such claims, �
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demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims o°,
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its c
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appointive boards, commissions, officers, agents and employees from any suits or actions at
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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
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph I I hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
8
Packet P9. 105
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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
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Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
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liability but is intended solely to provide for indemnification of the City from liability for c
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damage or injuries to third persons or property arising from Subdivider/Developer's ti
performance hereunder. Ao
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14. Title to Improvements. Title to, and ownership of, all improvements
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constructed hereunder by Subdivider shall vest absolutely in City, upon completion and 2
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acceptance of such improvements by City. A
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15. Repair or Reconstruction of Defective Work. If, within a period of one year w
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after final acceptance of the work performed under this Agreement, any structure or part of
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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
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
9
-:Packet '1186 s
F8 6
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 Cif. Neither Subdivider nor any of Subdivider's
j 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 6
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regard to the subdivision. Said fees shall be paid prior to commencing any construction.
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18. Notice of Breach and Default. If Subdivider refuses or fails to obtain c
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prosecution of the work, or any severable part thereof, with such diligence as will insure its r
completion within the time specified, or any extensions thereof, or fails to obtain completion o
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of said work within such time, or if the Subdivider should be adjudged a bankrupt, or p
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Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a a
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receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any �
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of Subdivider's contractors, subcontractors, agents or employees, should violate any of the o
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provisions of this Agreement, City Engineer or City Council may serve written notice upon
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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 if the surety,within five days after the
service 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
tO
Packet Pg. 107
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 F
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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:
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City Manager U
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City Hall
300 North "D" Street o
San Bernardino,California 92418 °
(b) Notices required to be given to Subdivider shall be addressed as follows:
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(c) Notices required to be given to surety of Subdivider shall be addressed as
follows: `m
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L2ttn ioSllY�ne Ltrn in w. tiVh1olnee
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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 as of the
11
Packet Pg. 108
ac a
day and year first above written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Andrea Travis-Miller,City Manager
City of San Bernardino
Approved as to form:
SUBDIVIDER:
JAMES F. PENMAN,
1 City Attorney, By:
By: By'
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6.C.6
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
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name and signed by the President or a Vice-President and the Secretary or Assistant
j Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
j by all partners. If the subdivider is an individual doing business under a fictitious name, it
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must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
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See attached Notary Acknowledgement c
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Crew Coos 5 tree
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personally appeared
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who proved to me on the basis of satisfactory
evidence to be the persorgKwhose namei
subscribed to the within instrument and acknowledged
to me that he/cheAMy- executed the same in
hisa+ nl;ew authorized capacity(ies); and that by W.
his/hedtheir signatur%sy on the instrument the c
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2 laws of the State of California that the foregoing o
paragraph is true and correct. N
WITNESS my hand and official seal.
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Signature: .�
Place Newry 3 1 Abore 6igneNre 9! dY PubYC
OPTIONAL �
Though the information below is not required by law,it may prove valuable to
persons retying on the document p
and could prevent fraudulent removal and reattachment of this famr to another document a
Description of Attached Do ward °m
i„ Title or Type of Docum nt:
Document Date: Number of Pages:,�/� _
Signer(s) Other Than Named E ove: / E
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Capacity(les)Claimed by Signer(s) :°•
Signer's Name: Signer's Name: et
❑ Corporate Officer—TRIe(s): f7 Corporate Officer—
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011 Attorney In Fad ❑Attorney in Fad
G Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
Other: L3 Other:
Signer Is Representing: Signer Is Representing: X,
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C 201(1 Nalia�wl Nobry Aacociatlon�NalunalNaUry.ae�1-800-US NOTAFY(t-800.6r6892rj Item 15802
Packet Pg. 117
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
2012, by and between the CITY OF SAN BERNARDINO, a Municipal
Corpo lion,hereinafter referred to as "City," and University Park Holdings, LLC,hereinafter
referred to as"Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map(hereafter called"map")entitled Tract No. 17699;and,
B. WHEREAS, the map has been filed with the City for presentation to the City a
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Council (hereinafter called "Council") of the City for its approval, which map is hereby �
referred to and incorporated herein; and, c
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C. WHEREAS, Subdivider has requested approval of the map prior to the a
construction and completion of improvements, including all streets, highways or public ways e
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and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
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called "subdivision") designated in the map, all in accordance with, and as required by, the €
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Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the ;;
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limits of the subdivision, which Plans and Specifications are now on file in the Office of the t
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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.
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
I
rPaelcat)�.3 =
s.c.7
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 m
e
to complete the work. �
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be e
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done at the places, of the materials, in the manner, and at the grades, all as shown upon the r
Plans and Specifications therefor, heretofore approved by City Engineer and which are now e
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on file in his office, and to the satisfaction of said City Engineer. n
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3. Work: Time for Commencement and Performance. City hereby fixes the time E
for the completion of said work to be within 24 months from the date hereof.
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4. Time of Essence — Extension. Time is of the essence of this Agreement; u
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.
5. Repairs and Renlacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
2
a.c.7
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
i
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.
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I 6. Utility Deposits—Statement. Subdivider shall file with the City Clerk,prior to
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the commencement of any work to be performed within the area delineated on the map, a `o
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written statement signed by Subdivider, and each public utility corporation involved, to the C
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effect that Subdivider has made all deposits legally required by such public utility corporation o
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for the connection of any and all public utilities to be supplied by such public utility S
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corporation within the Subdivision. E
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7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
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obtain all necessary permits and licenses for the construction of such improvements, give all u
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necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all a
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent,satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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
3
Packet Pg. 114
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
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persons performing labor and furnishing materials in connection with this
Agreement; and, c
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(c) An amount equal to at least twenty-five percent (25%) of the total estimated e
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cost of the improvements and acts to be performed as security for the guarantee c
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and warranty of the work for a period of one (1) year following the completion c
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and acceptance thereof against any defective work or labor done, or defective E
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materials furnished.
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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 a
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.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
4
Packet Pg. 115
and such insurance shall have been approved by City Atomey as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation insurance/Employer's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's w
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Compensation Insurance and Employer's Liability Insurance for all
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Subdivider's employees employed at the site of improvement, and, in case any c e
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work is sublet, Subdivider shall require any contractor or subcontractor C
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similarly to provide Worker's Compensation Insurance and Employer's o
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Liability Insurance for all contractor's or subcontractor's employees, unless o
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such employees are covered by die protection afforded by Subdivider. In case E
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any class of employees engaged in work under this Agreement at the site of the
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project is not protected under any Worker's Compensation Law, Subdivider
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shall provide, and shall cause each contractor and subcontractor to provide, a
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
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
5
Packet Pg. 116
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
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contractor or subcontractor, and the amounts of such insurance shall be as
follows: c
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(1) Public Liability Insurance. In an amount not less than One Million C
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Dollars ($1,000,000.00) for injuries, including, but not limited to, S
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death, to any one person, and, subject to the same limit for each person, o
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in an amount not less than One Million Dollars ($1,000,000.00) on E
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account of any one occurrence; Product Liability Insurance coverage c
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should be part of the Public Liability Insurance; u
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(2) Property Damage Insurance. In an amount not less than One Million a
Dollars ($1,000,000.00) for damage to the property of each person on
account of any one 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
cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
6
{ Packet Pg. 117
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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
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with the same insurance provisions as the contractor(s) and
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subdivider(s).
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' (4) Personal Injury - Defined. As used herein, the term "personal injury" a
shall be defined as a hurt or damage to one's person including, without c
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limitation, damage to health, cuts, bruises, broken limbs and/or bones, o
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or the like, disabilities or impairments, including aggravation of E
existing injuries, or invasion of personal rights, including libel, slander,
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malicious prosecution, false imprisonment or mental suffering.
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12. Evidence of Insurance. Subdivider and contractor shall furnish City, a
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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.
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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
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,
7
Packet Pg. 118
i
8.C.7
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and causes 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 on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries,including employees of the City, death or damages to property(including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or a
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indirectly,(including from the negligent performance by its officers, employees, agents) from W
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the terms of this Agreement, whether such operations/incidents are caused by contractor, c
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Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, ^eo
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or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer e
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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 e
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alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its C
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appointive boards, commissions, officers, agents and employees from any suits or actions at
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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 hamiless agreement, because of the
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 hamtiess agreement by Subdivider shall apply to all
8
Packet Pg. 119
damages and claims for damages of every kind suffered, or alleged to have
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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
j 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
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damage or injuries to third persons or property arising from Subdivider/Developer's c
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performance hereunder. C
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14. Title to Improvements. Title to, and ownership of, all improvements c
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constructed hereunder by Subdivider shall vest absolutely in City, upon completion and e
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acceptance of such improvements by City. €
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15. Repair or Reconstruction of Defective Work. If, within a period of one year m
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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 a
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
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
9
-t.
8.C.77
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
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prosecution of the work, or any severable part thereof, with such diligence as will insure its $
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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 c
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Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a g
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receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider,or any €
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of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
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provisions of this Agreement, City Engineer or City Council may serve written notice upon E
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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 Cif. 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 if the surety, within five days after the
service 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
10
Packet Pg. 121
8.C.7
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 o
City Hall 'o
300 North"D"Street U
San Bernardino, California 92418 a
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(b) Notices required to be given to Subdivider shall be addressed as follows:
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(c) Notices required to be given to surety of Subdivider shall be addressed as E
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follows:
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Leicn rah,e tiv bro h JQXI 4ti V��GNret
lru�>7� C i.1et>,
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 as of the
II
Packet Pg. 122
day and year first above written.
ATTEST: CITY OF SAN BERNARDINO
By.
City Clerk Andrea Travis-Miller,City Manager
City of San Bernardino
Approved as to form:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney, o By: \f
By: f By: m
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
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See attached Notary Acknowledgement
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1188
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State of California a
County of }
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On 1G4(.9a�A� a �efore me,
ar,
p 4IN,e e in oer
personally appeared
c_IaiNll 1� ,
ametal ar sgnar(at
who proved to me on the basis of satisfactory
evidence to be the person(whose namessy is1W
subscribed to the within instrument and acknowledged
( to me that he/sbeANey, executed the same in
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hi to authorized eapacity)ies , and that by
hisAiwAiietr signaturej,%y on the instrument the
fie , persor)(sror the entity upon behalf of which the of
o --' BARB:g4,) ip personS§'iacted, executed the instrument. r
f— tL O N 'AC KlF r^.91 se
CALk08NiA t O
couxrvo oesacc a I certify under PENALTY OF PERJURY under the v
>�r' -„ •• laws of the State of California that the foregoing Q
paragraph is true and correct. ..
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WITNESS my hand and official seal.
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Signature: N
pia NObry sealAWVe sigIe i e,Y PUMc
OPTIONAL E
Though the informa8on below is not required by law,it may prove valuable to persons relying on the document i
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Dog4ment c
Title or Type of Docum C E
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Document Date: Number of Pages:
Signer(s) Other Than Named e: Q
Capacity(iss) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑Corporate Officer— Tifle(s): _
0 Individual ❑Individual
❑ Partner—O Limited f'.General Top m trwrrb here ❑Partner —D Limited G General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
Q Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
J Other: ❑Other:
Signer Is Representing: Signer Is Representing:
W10 Na Warr As tx4r.i,Y.XStw-sy�-:c: US NoFr cY(1 x13 i�nsc=7)
02010 Nelbnal NMary AaWCRtlon•NauonalNOluy.ag•1�B00-US NOTANV(IE00-S)&s92� I�aT X590?
Packet Pg. 125