HomeMy WebLinkAbout08.D- Community Development RESOLUTION(ID#2010) DOC ID: 2010 B
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:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving the
Final Map for Tract Map No. 17716.
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No previous Council Action.
Background:
On January 24, 2006, the Planning Commission approved Tentative Tract No. 17716 for a
subdivision map with 39 residential lots (Subdivision No. 05-32). The original expiration date
was January 24, 2008. An Extension of Time (EOT 07-15) was filed extending the expiration
date to January 24, 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 24, 2014.
The developer, Pine Trail Partners, 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 17716 Faithful Performance Bond (PDF)
TR 17716 Guarantee& Warranty Bond (PDF)
TR 17716 Labor&Material Bond (PDF)
TR 17716 Monumentation Bond (PDF)
reso 2010 (PDF)
agrmt 2010 (PDF)
Updated:8/29/2012 by DeLisa Bryant B Packet Pg.128.:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of
'(, Los Angeles
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Susan E.Morales,Notary Public
On before me,
Date Hem Inseo Na.andTdle of the Icer
personally appeared Janina Monroe K'
Name(s)MSigner(s)
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SUSAN E. MORALEC personN), or the entity upon behalf of which the person) •,�
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NOTARY PUBLIC.CALIFORNIA I certify under PENALTY OF PERJURY under the laws of c
L0e ANOf.LNa COUNTY
My Comm.expires Mach 25,2015 the State of California that the foregoing paragraph is true a
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witness my hand and official seal. N
Signature �C7 nn,
Place Notary Seal Above STg�namreof No ery Public Susan E.Morales to
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of �CGrr�P, Jy
On91,L , 1N,2�+T4_ before me, yhnICa WX� . !be Pv��4r.
1 DW � —T� Mxelmen None entl tle of the Op r
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within instrument and acknowledged to me that
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JAN CE WALL o
commInlon 0 1859800
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O ange County of the State of California that the foregoing paragraph is
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Description of Attached Document !� r
Title or Type of Document:
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Document Date:_ �%A;A lu. 1O\1 Number of Pages:
Signer(s) Other Than Named Above:
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B.D.A
POWER OF ATTORNEY LX - 24321
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 Monroe,Thomas G.McCall,Paul Boucher * * * *
Its true and lawful Attorneys)-In-Fact to make,execute,seal and deliver for,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 1st 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 i
-other person or persons-as-Aflorney-lirrFact to-executevn-behalf of Ilre-Company any bonds,undertakings,, policies,-contracls01-Indamni „-
_ or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the CO 'Par
might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by 2
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 IX
as specified in the Power of Attorney. m
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile On any power of attomf F
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 po" me
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s i
executed and sealed and certificate so executed and sealed shall,with respect to any bond Of undertaking to which it is attached,COntInu
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 i' ,..
Corporate Seal to be affixed this 2nd day of July,2003. 'u
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LEXON INSURANCE COMPANY
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••••� . David E.Campbell President TEXAS
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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 an `D
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.
OFFICIAL SEAL, ~
LYDIA J.DEJONG c
NOTARY PUBLIC STATE OF ILLINOIS t � -n E
MY CDMMISSIOfl IXPIRES 1/12/2007 rJ, I
Lydia J.DeJong a
CERTIFICATE Notary Public
I, the undersigned,Secretary Of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th
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. � L
Signed and Sealed at Lombard, Illinois this iA C r. n jF 9,20 .
U TEXAS .0
. . Do�raS 0.Buchanan
Secretary
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Maintenance
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8.D.B
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA +
County of Los Angeles 1l
On AUG 14 2012 before me, Susan E.Momles, Notary Public
Date are Insert Name entl Ttlleo tMO roar '
personally appeared Janina Monroe_ q.
Name(s)of Signer(s)
who pmvadso-me-on the basis_of-satiafactory_evidence-to O -
be the personN) whose nameip) islmsubscribed to the
within instrument and acknowledgged to me that lialshe4beq;
executed the same In DNfner/J�1(authorized capacitypsal),
SUSAN E. MORALE„ and that by ft/her/ftlf(signature(%)on the instrument the
z `m COMM.# 1g30>23 person(%),or the entity upon behallf of which the person(
NOtARY PUBLIC•CALIFORNIA3 acted,executed the Instrument.
L09ANOF,LFa COUNTY d
My Comm.9aplres Mach 28,2015 1 certify under PENALTY OF PERJURY under the laws of E
the State of California that the foregoing paragraph Is true a
and correct. o
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Witness my hand and official seal. ///J �
Signature Yl rtaom �, Ma-re1/a 0
Place Notary Seal Above NS�gnsWre of Nolery Pubpc m
Susan E.Morales r
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document. e6
Description of Attached Document m
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Title or Type of Document:
Document Date: Number of Pages:
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Signer NONE
Other Than Named Above: �
Capacity(les)Claimed by Signer(s)
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❑ Trustee • ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top at thumb here
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Signer Is Representing: Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of b mG\ k' Jy
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personally appeared –?'-W Nk 50'C\
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WITNESS my hand and official seal. m
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Raze Notary Seel Abwa Signature Signelure of Nalery PUdc q
OPTIONAL
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Description of Attached Document it
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❑ Guardian or Conservator ❑Guardian or Conservator
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POWER OF ATTORNEY - 24331 8.D.13
Lexon Insurance Company Lx
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY, a Texas Corporation,with Its principal office 1
Louisville, Kentucky,does hereby constitute and appoint:
Janina Monzoe,Thomas G. McCa4 Paul Boucher * * * *
Its true and lawful ANorney(s)-In-Fact to make,execute,seal and deliver for,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 1st 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
---otherperson-or-persons-as-Attorney-In-Fact-to execute on behalf of-the Company-any-bonds,-undertakings,-policies-contracts-of-indemnil
_ or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-mllllon five hundred thousand dollars,which the Compar
Might execute through its duly elected offloeis, and affix the seal of the Company thereto.Any said execution of such documents by a ^r
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. m
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorne F
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(
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s —y
executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continu e
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 'Cr
Corporate Seal to be affixed this 2nd day of July,2003. o
S0?kANCF LEXON INSURANCE COMPANY m
fir,,,,, .., O c
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TEXAS O�0
J(• INSORANCE Z
)� COMPANY ,� BY
David E.Campbell m
President
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ACKNOWLEDGEMENT
t,
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 w
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 SEAL'
LYDIA J.DFJONG
NOTARY PUBLIC STATE0illl. OIS '� n m
MY COMMISSIOU EXPIRES 1/12!2010& �. ��-G/ E
4 Lydia J.DeJong
CERTIFICATE Notary Public Q
I,the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th
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. Q I '
Signed and Sealed at Lombard, Illinois this Day 6f'V G 14" 202U 12
SVPA.....eC
0�.f TEXAS ND
INSURANCE T 1.
+•COMPANY J Y Donald D.Buchanan
e„•. ” Secretary
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EXECLrrED IN TRIPWQ:AT$ pp�$lfp, 1019943
Psamkmn Included in Cost of
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and naeh.in M forty mideuanL
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980 or Blv Suite 1250
Address
Packet Pg. 135
B.D.0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles
On AU G 14 2012 before me, Susan E.Morales, Notary Public
Cate - Here Insert Name eMTRb of the car
personally appeared Janina Monroe ;
Namets)of Signer(a)
who proved to me on the basis of satisfactory evidence to
Fe the person whose name armsu scribed to the
within Instrument and acknowledged to me that)wlshe/1helpt
executed the same in Ndf/herlld&4lcauthorized capacitypsp�,
SUSAN E.MORALF3 and that by NWher/fbt signature(;F) on the instrument the z
COMM.A 1930723 personCif),or the entity upon behalf of which the person(N)
z ` ®
NOTARY PUBLIC-CALIFORNIA C acted,executed the instrument.
LORANORLF,RCOuNTy
My Comm,Expires March 2e,2015 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true c
and correct. S
Witness my hand and official seal. °
/ a 0
Signature
Place Notary seal Above 519nalure or Notary Public C
Susan E. Morales o
OPTIONAL m
Though the information below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document as
`o
a
Title or Type of Document: �
Document Date: Number of Pages:
Signer(s�Other Than Named Above: NONE
c
Capacity(ies)Claimed by Signer(e) E
L
U
Signer's Name: Janina Monroe Signer's Name:
❑ Individual - ❑ Individual a
❑ Corporate Officer—Thle(s): ❑ Corporate Officer Title(s).
❑ Partner—11 Unfilled❑General ❑ Partner—❑Limited❑General
® Attorney in Fact ❑ Attorney In Fact III
❑ Trustee ❑ Trustee e
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association 19360 DeS elo AW..PO.eox 2402•ChelencM.CA913132402•W Wl,lallonalNoteryorg IUm X6907 Reonlec CeIIToILRee1-0o0.8766827
Packet Pg. 136
i
B.D.0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of D{`19_via q `
On ATU�,� %?Zlt. before me, ZGlntct_ U.ltxl \e�]\r�da�c.a p�Oliy
H��M ama endT al the OMlal
personally appeared �Ot'l�t�e.S �• \.���St)f�
Nemvlal Mwr/al
who proved to me on the basis of satisfactory evidence to tO
be the person(q whose name(MRIFFe subscribed to the
within instrument and acknowledged to me that X.
(jgl'sgekhey executed the same in i /hea"t authorized ~
capacity(iGO, and that by t�i heA"r signature(*on the —'
instrument the person(aa, or the entity upon behalf of F
r'�+►�r� which the person(s) acted, executed the instrument.
AVOC*WALL
a
N o�• SS96M I certify under PENALTY OF PERJURY under the laws
cvOafMaupal of the State of California that the foregoing paragraph is c
came. qq ama true and correct.
0
WITNESS my hand and official seal. o
to
Signature 0
Plea Nolary Seal A Vs Sgmmrif a'Na '.c, y
OPTIONAL
Though the Information below is not required by law,It may prove valuable to persons relying on the document oa
and could prevent lmudulenf removal and reattachment of this form to another document o
Description of Attached Document
e ` 1 J
Title or Type of Document: 1(J-�d.��l� mf% s. n! )3U.p �OJVA `r
Document Data: c 14 t 1All Number of Pages:
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Signer(s)Other Than Named Above: JC—nNvvt , ,`O AVZOR- F'
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Capedry(fes)Claimed by Signers) E
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Signer's Name: >_� 'Such Signer's Name: =°•
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• Corporate officer—Title(s): ❑Corporate Office/Title(s): _.
• Partner—❑Limped ❑General ❑ Partner—❑Lim❑ Attorney in Fact ❑Attorney In Fact❑ Trustee Top of thumb here ❑Trustee Top of thumb here❑ Guardian or Conservator ❑Guardian or C
❑ Other: ❑Other:
Signer is Repr`esenting: Signer is epresenting:
Mm
P".a KlrAl
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Packet Pg. 737
8.D.0
POWER OF ATTORNEY
uc - 24322
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,Thomas G. McCall,Paul Boucher * * *
its true and lawful Attorneys)-In-Fad to make, execute, seal and deliver for,and on its behalf as surety,any and all bonds, undertakings r
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 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 c
--other person orpersons-as-Attorney=ln-Facrto-executaorr behalf-of-the Comparri bonds;undertakings;pnllcies,=tMcts oflndemnit
_ 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 tO
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.
N
Resolved, that the signature of the President and the seal of the Company may be attired by facsimile on any power of attorne
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 H
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 so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu y
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°,r
Corporate Seal to be affixed this 2nd day of July,2003.
c
(INSURANCE VR!;NCFC LEXON INSURANCE COMPANY m TEXAS
A O 'e D MPANY I? BY
David E.Campbell °d
President O
a
R
ACKNOWLEDGEMENT
e
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 K
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r
OFFICIAL SEAL'
LYDIA J.DEJONG ar
NOTARYPUBLIC EXPIRES EOFILLIN007
MYWMMIUBLICOFILLICIS
Lydia J.DeJong
CERTIFICATE Notary Public
I,the undersigned, Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that IN
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 IN
resolutions as set forth are now in force.
AUG It), 2 092
Signed and Sealed at Lombard, Illinois this Day of ,20
vFANOF
\fie........,, Co
A
02f TEXAS �'-p
t INSURANCE
�5 COMPANY « flJry(.GGr
,lt - Donald D.Buchanan
Secretary
Packet Pg. 138
EXECUTED IN TRIPLICATE
SUBDIVISION MONUMENT BOND
Bcrulkvcompany WU„Ig5„-ran mm�any TRAOTNB 17716
Address J„5fi taC(C�v PARCEL MAP NO
�F BOND ND 0] 19944
PREMNik € �
KNOWAILBYTHESEIRRMNITS
n
That Pine Trail Paltne75,. I LC , Suhdt/ide,as PtlnGps`
and Lexon Ins lance Comoanv cc
A Copor ea ouraly,are hsifiy pint�and severalty boo to�atty u(-3an Bamardlno sum of r-
Twenly FourlhWSentl Seven NuMretl Filly anti NO/100 Lbllars($24,]50.00) V!
The cotton of this obligation is that whereas the Subdhdder, as a condltbn of don f fing of the threl
subdivlslon amp of(TraC4 PIA) 1771¢_ ordered into an agreement with sold City to sot c
Sorel'Monuments and Tie Points In sold tract and hnlsh TIe Notes thornier and W pay the angineor or
surveyor psdoming the work,in full,vAM 90 days afteroompletmn °;
' o
NOW,THEREFORE,A the subdhtder shall wall and}rWy perform said agreement during the ofigsmS teem c
thereof or of any axteaslon of said term that may be granted by the Beard of 9uparAsors of the City of San
Bernardino whir or wldlout notice to the auraty,this oNigabon shall be void,oth rwim it shah retrain in oh .�
foes and affect. o
As part of the oblipatlorr secured hereby and in a W1110n to Ste face amount specified tnerefor,tare shall be m
Included costs and reasonable expanses and fees,hidunbrg reasonable apemeys fee%incurred by Ofty in o
successfuly etfocirg such otifigatfon al to be WM as ousts and included in arty Judgment rendered rs
c
The Sumly hereby stipulates and agrees Sratno dange,extension of Ume,alteration or addition to the terms m
of the agreement or to the work to be porfocted thereunder or the apaotficapons aceorrpranying She same
shall In wywlab affect Its obligations on VAS bond, and p does hereby waive notice of any such change,
extension of tuna,alteration or additlan to the terms of the agreement or to the work or to the speci(catloia °
Dated August 14th 2012
n
r
N WWOf Pr'mclpal Pine Trail Partners,LLC
f-
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Alttherno4EignMum(e) By a&z
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TRIOS)
of Corporation,AflIK leap
Name of so" Ler on Insura ce pa
AulhvdxW SgnaWre
TINa Attorne -In-Fact J nine onroe
(Affix Gorporate Srmp — .^-
Packet Pg. '139
as.
8.D.D
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of 3 Lops AAngeelesq 9
On—AUG 8 20 I6 before me, Susan E. Morales,Notary Public
Data Hem Insen Name and We of IK Officer
personally appeared Janina Monroe r
Nemo(a)of Slpne,(a)
who_pcoved_to_me_on_the_basis_of_satisfactory_evidence-to--
be the person0o) whose name(,$) is/msubscribed to the m'
within instrument and acknowledgged to me that ka/she/fb0q(
executed the same In f4A/her/101471cauthorized capacitypea),
""��'�'^' rn and that by XWher/lIJ&signature(,i) on the instrument the rr
SUSAN E.MORALES person(X),or the entity upon behalf of which the person(x) F
COMM.# 1930723 = acted,executed the Instrument.
2 - NOTARY PUBLIC-CALIFORNIA r
LOS ANOBLBS COUNTY I certify under PENALTY OF PERJURY under the laws of
y Comm.Eapuee Meroh 2e,2ot5 the State of California that the foregoing paragraph is true c
and correct. o
Witness my hand and official seal. /7 °
Signature room
E.etl/l/
M
o
Place Notary Seal Above 7ifBrreWrebNabry Public �� a
Susan E.Morales o
OPTIONAL o
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.
Description of Attached Document E
0
Title or Type of Document:
to
Document Date: Number of Pages:
Signer(s)Other Than Named Above: NONE
c
m
Capacity(ies)Claimed by Signer(a) Ec
U
N
Signer's Name: Janina Monroe Signers Name: 4
❑ Individual - ❑ Individual
❑ Corporate Officer—Tille(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Umited❑General ❑ Partner—❑Limited❑General
® Attorney In Fact :1=112111 ❑ 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 Netlonel Notary Aeamlalon-w50 De Salo A..,P.O.eaa2a02•Chetewanh.CA9111S24M,.N9k,rIMNM ryore Iem65907 BeoNEn C01l70Nrree1.101 1]&882]
Packet Pg. 140
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of 6 n nG P, J}
On Pakl,T w k tli l 2.01- before me, u
Hara ire eme enalNaM 011lcar
personally appeared U 4wc
Nemel>t!a Hoot
who proved to me on the basis of satisfactory evidence to D
be the person(Y) whose name(s)_*we subscribed to the
within instrument and acknowl dged to me that
&AWAhey executed the same in l """heir authorized �
capacity(ies), and that by histhedtheir slgnatui on the
instrument the persorI or the entity upon behalf of
JANICE WALL which the person(s) acted,executed the instrument. m
Commulon N 1859800 7, E
Notary Public - Calltamla s S
Oronge County I certify under PENALTY OF PERJURY under the laws
Comm.Egxtea Aug 29. 2013 of the State of California that the foregoing paragraph is
true and correct. $
a
WITNESS my hand and official seal. o
Signatu�r nIV�.L1l�J•�G c
Plera NO4ry Seel Abmm re C 6 egneWre of NOYry PUbpc �
OPTIONAL
Though the information belo w is not required by law,If may prove vatuable to persons relying on the document m
and could prevent fraudulent removal and reattachment of this form to another document t.
c
Description of Attached Document dN
Title or Type of Document: 5i N r,\0 kSa n l \ 0C1V_ bNk- V304 `a
n
3
Document Date: Number of Pages; �
Signer(s)Other Than Named Above: G NX" ft"ZC W_ ~
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Capacity(les)Claimed by Signer(s) E
Signers Name: 7MLV'sr0 S _Q, \)0a\_' 0(\ Signer's Name: a
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❑ Individual ❑ Individual
• Corporate Officer—Tltle(s): ❑Corporate Officer—Title(s):
• Partner—❑Limited 11 General _ ❑Partner—❑Limited ❑G erel
❑ Attorney in Fact Top of memo Here ❑Attorney in Fact Of Here
❑ Trustee ❑Truatee
• Guardian or Conservator ❑Guardian or Co rvator
• Other: ❑Other:
Signer is Represanting: Signer is resenting:
I�tw2 lCtp.\
02007 Were!Nam,AoodaMn-8350 Oe Sob Ave.,RO Box 2402•life ollh,CA 91313-24M-xw.v.Nafmtftlarym, Item$59F RmmDr Cell Toll'Feel out 876'6827
Packet Pg. 141
8.D.D
POWER OF ATTORNEY LX . 24328
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:
Taruna Monroe,Thomas G.McCall,Paul Boucher * * *
Its true and lawful Attorney(s)-In-Fad to make, execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings r
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 1st 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-FOt-to executes on behalf ofThe Company ffyG6rca alstlaitskingsTpoltctas�bntractds of"indemnB
._ _or_other_w[itings.Dbligatoty-in.nature_of_a.bond_noLto_exceed_$2,500.9Il0_QO,Sw--MMionlivs_hundred thousand dollars,-Nbich_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 co
Attorney-In-Fact shall be as binding upon the Company as It they had been duly executed and acknowledged by the regularly elects
officers of the Company.Any Attorney-In-Fad, so appointed,may be removed for good cause and the authority so granted may be revoke
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorne
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 F
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 a
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 II N
Corporate Seal to be affixed this 2nd day of July, 2003.
v
\�SVPANCF LEXON INSURANCE COMPANY m
O
O
A
TE%AS O
Xr INSURANCE 2 (/1 � �
W�% COMPANY Y BY y
L
David E.Campbell E
"" President 3
c
0
ACKNOWLEDGEMENT
m
n
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;1hl CC
he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFfICIAL SEAL' E
LYDIA J.DEJDNO _
NOTARY ISSIO STATE OF RLIN018
mMYCOMMISSI01T EXPIRES 1112/2007
a
Lydia J.DeJong
CERTIFICATE Notary Public
I, the undersigned,Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th
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. U 2012,
Signed and Sealed at Lombard,Illinois this Day o 0
JPP'NCP
�5
of TEXAS c�
X' INSURANCE 'D E
�Jt COMPANY .z
r Donald D.Buchanan
Secretary
Packet Pg. 142
8.D.E
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17716,
3 LOCATED ON THE NORTH SIDE OF PINE AVENUE BETWEEN OHIO AVENUE
AND BELMONT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
5 MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
7
8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
n
9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
10 "
17716, located on the north side of Pine Avenue between Ohio Avenue and Belmont Avenue
11
12 in the RL, Residential Low land use district, together with the provisions for their design and a..
13 improvement,is consistent with the General Plan of the City of San Bernardino. N
14 SECTION 2. The City Manager is authorized to execute the standard form c
15 Subdivision Improvement Agreement with Pine Trails, LLC, attached and incorporated herein
16
17 as Exhibit A, for the improvements in said Tract Map as are required by Title 19 of the San N
0
18 Bernardino Municipal Code and the California Subdivision Map Act. The time for
19 performance is as specified in the Agreement. Said improvements are specifically described E
20 and shown on Drawings approved and on file in the office of Community Development of the a
21 City of San Bernardino.
22
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 public easements. As a condition precedent to approval of the Tract Map,the Subdivider shall
27 first execute the Agreement referenced in Section 2 hereof for the improvements within said
28
+ spy.ias::
B.D..
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 D
9
10 "
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12 a
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13 N
14
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15 "
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20
21 a
22
23
24
25
26
27
28
Packet Pg.Y44
ene
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17716,
2 LOCATED ON THE NORTH SIDE OF PINE AVENUE BETWEEN OHIO AVENUE
AND BELMONT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE
3 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 1 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 O
thereof,held on the_day of .2012,by the following vote,to wit: n
9
10 Council Members: AYES NAYS ABSTAIN ABSENT N
R
11 MARQUEZ —
d
12 JENKINS a
— o
13 VALDIVIA
14 SHORETT
15 2
KELLEY
16 --
0
17 JOHNSON N
0
18 MCCAMMACK
19 E
z
20 Georgeann Hanna, City Clerk
21
22 The foregoing Resolution is hereby approved this day of 2012.
23
24 Patrick J. Morris,Mayor
25
26 Approved as to form:
JAMES F. PENMAN,
27 City Attorney
28 By:
J'a4ketPg, t45
AGREEMENT
(Subdivision Improvements)
{F
THIS AGREEMENT is made and entered into as of this day of
2012, by and between the CITY OF SAN BERNARDINO, a Municipal
Corpor on, hereinafter referred to as "City," and Pine Trails Partners, 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. 17716; and,
B. WHEREAS, the map has been filed with the City for presentation to the City to
r
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the w
a
construction and completion of improvements, including all streets, highways or public ways o
0
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter c
0
called "subdivision") designated in the map, all in accordance with, and as required by, the
m
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the m
c
limits of the subdivision,which Plans and Specifications are now on file in the Office of the OE
U
City Engineer of the City;and, a
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
1
Packet Pg. 146
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 fimtish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion,are necessary or required
to complete the work.
F
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be
m
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
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Plans and Specifications therefor, heretofore approved by City Engineer and which are now o
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on file in his office, and to the satisfaction of said City Engineer. o
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3. Work: Time for Commencement and Performance. City hereby fixes the time N
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; E s
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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 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
2
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
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approval, of the City Engineer.
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 a
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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 o
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corporation within the Subdivision.
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 E
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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
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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
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Agreement; and, m
(c) An amount equal to at least twenty-five percent (25%) of the total estimated c
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cost of the improvements and acts to be performed as security for the guarantee o
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and warranty of the work for a period of one(1) year following the completion o
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and acceptance thereof against any defective work or labor done, or defective E
materials furnished.
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As a part of the obligation guaranteed by the security and in addition to the s
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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 famished
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,
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S.D.F
and such insurance shall have been approved by City Attorney as to form,amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation Insurance/Emplover's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
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Subdivider's employees employed at the site of improvement, and, in case any —"
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work is sublet, Subdivider shall require any contractor or subcontractor
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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 b the
y 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 0
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project is not protected under any Worker's Compensation Law, Subdivider t
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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,
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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
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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
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follows: R
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(1) Public Liability Insurance. In an amount not less than One Million
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Dollars ($1,000,000.00) for injuries, including, but not limited to, o
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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
account of any one occurrence; Product Liability Insurance coverage
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should be part of the Public Liability Insurance; t
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(2) Property Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of 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
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Packet Pg. 151
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 m
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with the same insurance provisions as the contractor(s) and
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(4) Personal Injury — Defined. As used herein, the term `personal injury" c
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shall be defined as a hurt or damage to one's person including, without o
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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 N E
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existing injuries, or invasion of personal rights, including libel, slander, m
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malicious prosecution,false imprisonment or mental suffering, r
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12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten(10)days prior written notice of the cancellation or reduction
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
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and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
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Packet Pg. 152
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
indirectly, (including from the negligent performance by its officers, employees, agents) from
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the terms of this Agreement, whether such operations/incidents are caused by contractor, --��
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or
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more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, o
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or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer o
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shall investigate, handle, respond to, provide defense for and defend any such claims, E
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demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
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alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its _
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appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
8
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
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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 rs
performance hereunder.
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14. Title to Improvements. Title to, and ownership of, all improvements o
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constructed hereunder by Subdivider shall vest absolutely in City, upon completion and o
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acceptance of such improvements by City. N
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15. Repair or Reconstruction of Defective Work. If, within a period of one year
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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 famished and/or installed or constructed,or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
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otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
1 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 Pg. 154
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necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent(15%).
16. Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
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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
completion within the time specified, or any extensions thereof, or fails to obtain completion
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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 o
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receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any €
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the m
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provisions of this Agreement, City Engineer or City Council may serve written notice upon r
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Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof,and a
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
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the performance of the contract, and does not commence performance thereof within five days
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after notice to City of such election, City may take over the work and prosecute the same to
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completion,by contract or by any other method City may deem advisable, for the account and
at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess
cost or damages occasioned City thereby; and, in such event, City, without liability for so
doing,may take possession of, and utilize in completing the work, such materials, appliances,
plant and other property belonging to Subdivider as may be on the site of the work and
necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail,postage prepaid.
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(a) Notices required to be given to City shall be addressed as follows:
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City Manager
City Hall
300 North"D"Street w
San Bernardino, California 92418 a
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(b) Notices required to be given to Subdivider shall be addressed as follows: N
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(c) Notices required to be given to surety of Subdivider shall be addressed as m
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follows:
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Provided that any party or the surety may change such address by notice in writing to the
other party,and,thereafter,notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
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Packet Pg. 156
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, By:
By: By:
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B.D.F
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
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jbe signed also. The Agreement must be notarized.
See attached Notary Acknowledgement
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B:D.E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Crva.CODE;1189
rcr,€!ortetvero'c.��.rsrme.�:re:aw^e�-,rcnrc.�e�crce+z r.�czri�caEC+.:rrrrcr.tiefiearrz�acsarrtrcrz-.ra�.c`:cmeeurascrcrr>.
State of California IS
Counlyofr/PM,�,e� }
Ona/A2f before me, ,
oe Here Insert Nixne u,tl Ttll a orece.
personally appeared L
Neme(e)M3ignw(a
who proved to me on the basis of satisfactory
evidence to be the persons) whose nameyis/Ir9-
subscribed to the within instrument and acknowledged
to me that he/shekhey—executed the same in e
his/her#Hair-authorized capadtX*), and that by
'"•°`°''1'°a� his/becHheir signature.0 on the instrument the
1?4PSANJ. - y
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Gomm.rtgl oEY� person(s);or the enti upon behalf of which the F
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p perso7sacted, executed the Instrument.
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1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct. a
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WITNESS my hand and official seal.
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Signature: N
Plena Nefen Seel pbose SvnwuT of PUbf h
OPTIONAL 5
Though the informatian below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document c
Title or Type of Document: E
Document Date:
�� �r.� Number of Pages:
Signer(s)Other Than Named Above: `t
1. Capacity(ies)Claimed by Signer(s)
Signer's Name: _ Signer's Name:
• Corporate Officer—Title(s): ❑Corporate Officer—Tale(s):
• Individual i.7 Individual
• Partner—'7 Limited D General Tor,urlhumb Here ❑Partner—G Limited CI General r
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• Attorney in Fact ❑Attorney in Fad
• Trustee ❑Trustee
Guardian or Conservator ❑Guardian or Conservator -
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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