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HomeMy WebLinkAbout06.A- Community Development RESOLUTION(ID#2150) DOC ID: 2150 O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Margo Wheeler M/CC Meeting Date: 12/17/2012 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. 17703-1, Located on the South Side of Northpark Boulevard Between University Parkway and Ash Street in the CG-2, Commercial General Land Use District, Accepting the Public Dedications as Set Forth on Said Map; and Authorizing the Execution of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time for Performance Specified. Financial Impact: There is no Financial Impact. Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. Synopsis of Previous Council Action: No previous Council Action. Background: On April 04, 2006, the Planning Commission approved Tentative Tract No. 17703 for a condominium map with 295 mixed use residential and office units (Subdivision No. 05-30). The original expiration date was April 03, 2008. The passage of a series of Senate and Assembly Bills (SB 1185, AB 333 and AB 208) has extended the current expiration date to January 10, 2014. The developer, University Park Promenade & Shops, 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: Supportine Documents: Tr 17703-1 Reso (1) (PDF) TR 17703-1 Sub Agnnnt (2) (PDF) Location Map TR 17703-1 (DOC) TR 17703-1 Labor&Materials Bond(PDF) TR 17703-1 Maintenance Bond (PDF) O TR 17703-1 Monument Bond(PDF) TR 17703-1 Performance Bond (PDF) Updated: 12/13/2012 by Georgeann"Gigi"Hanna Packet Pg. 69 2150 © TR 17703-1 Performance Bond2 (PDF) O Updated: 12/13/2012 by Georgeann"Gigi" Hanna 6.A.a 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. 17703- 3 1, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND ASH STREET IN THE CG-2, COMMERCIAL 4 GENERAL LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE 5 STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 6 SUBDIVISION,WITH TIME FOR PERFORMANCE SPECIFIED. 7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 0 10 17703-1, located on the south side of Northpark Boulevard between University Parkway and 11 Ash Street in the CG-2, Commercial General land use district, together with the provisions for 0 Ln 12 their design and improvement, is consistent with the General Plan of the City of San N 13 ' ' Bernardino. l 14 15 SECTION 2. The City Manager of the City of San Bernardino is authorized on behalf M 16 of said City to execute the standard form Subdivision Improvement Agreement with 17 University Park Promenade & Shops, LLC, attached hereto as Exhibit A, for the r c d 18 improvements in said Tract Map as are required by Title 19 of the San Bernardino Municipal r 19 20 Code and the California Subdivision Map Act. The time for performance is as specified in the a 21 Agreement. Said improvements are specifically described and shown on Drawings approved 22 and on file in the office of 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 Packef Pg 71 first execute the Agreement referenced in Section 2 hereof for the improvements within said 1 2 Tract Map limits. 3 The City Clerk shall certify approval and acceptance of the Mayor and Common Council as 4 set forth in this Resolution. 5 SECTION 4. This Resolution is rescinded if the parties to the Agreement fail to 6 execute it within sixty(60) days of the passage of this Resolution. 7 8 9 111 M 10 r L 11 /// f; LO 0 12 N 13 C 14 M 0 16 L 17 C 18 E V 19 20 21 22 23 24 25 26 27 28 PacketPg. 72 6.A.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE FINAL MAP FOR TRACT MAP NO. 2 17703-1, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND ASH STREET IN THE CG-2, 3 COMMERCIAL GENERAL LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING 4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE 5 SPECIFIED. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 8 and Common Council of the City of San Bernardino at a meeting 9 thereof,held on the_day of , 2012, by the following vote, to wit: A 10 Council Members: AYES NAYS ABSTAIN ABSENT r 11 MARQUEZ 0 12 JENKINS 13 14 VALDIVIA H d 15 SHORETT A 0 16 KELLEY 17 JOHNSON c 18 E MCCAMMACK 19 Y a 20 21 Georgeann Hanna, City Clerk 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: Pac�Cef,Pg.73�'" fi.A.b OAGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this aVV day of , 2012, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation,hereinafter referred to as"City," and University Park Promenade &Shops. LLC, a California Limited Liability Company hereinafter referred to as"Subdivider." RECITALS i A. WHEREAS, Subdivider has presented to City for approval a final subdivision map(hereafter called"map's entitled Tract No. 17703-1;and, B. WHEREAS, the map has been filed with the City for presentation to the City o Council (hereinafter called "Council") of the City for its approval, which map is hereby 0 referred to and incorporated herein;and, Ln N C. WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways E and public utility facilities which are a part of, or appurtenant to,the subdivision (hereinafter y called "subdivision") designated in the map, all in accordance with, and as required by, the o h r Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of the subdivision, which Plans and Specifications are now on file in the Office of the v E r City Engineer of the City; and, m 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.74 ., 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 A n to complete the work. F 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be N done at the places, of the materials, in the manner, and at the grades, all as shown upon the c Plans and Specifications therefor, heretofore approved by City Engineer and which are now m on file in his office, and to the satisfaction of said City Engineer. U) 3. Work: Time for Commencement and Performance. City hereby fixes the time A r r for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence — Extension. Time is of the essence of this Agreement; E r provided that in the event good cause is shown therefor, the City Engineer may extend the a 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 Packet,Pg.75, 6.A.b which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair,or have repaired,as the case may be,or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval,of the City Engineer. A 6. Utility Deposits—Statement. Subdivider shall file with the City CIerk,prior to F the commencement of any work to be performed within the area delineated on the map, a N written statement signed by Subdivider, and each public utility corporation involved, to the c effect that Subdivider has made all deposits legally required by such public utility corporation E m a for the connection of any and all public utilities to be supplied by such public utility 3 corporation within the Subdivision. A 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, 'W obtain all necessary permits and licenses for the construction of such improvements, give all v E r 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.76' lwork 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 0 n persons performing labor and furnishing materials in connection with this L Agreement;and, ° N (c) An amount equal to at least twenty-five percent (25%) of the total estimates Ocost of the improvements and acts to be performed as security for the guarante< E and warranty of the work for a period of one(1)year following the completion a N and acceptance thereof against any defective work or labor done, or defective M 0 r materials furnished. M i- As a part of the obligation guaranteed by the security and in addition to tho d E face amount of the security, there shall be included costs and reasonabl, expenses and fees, including reasonable attorney's fees, incurred by City ii Q successfully enforcing the obligation secured. The type of security furnishe, shall be in the form of bonds, deposits or letters of credit as provided in Titl 19 San Bernardino Municipal Code, and the type shall be at the option of an subject to the approval of the City Engineer and the City Attorney. 11. Subdivider's Insurance. Subdivider shall not commence work under thi Agreement until Subdivider shall have obtained all insurance required under this paragrapl 4 Packet Pg.77 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. Subdivider shall maintain, during the life of this Agreement, Worker's o Compensation Insurance and Employer's Liability Insurance for all F Subdivider's employees employed at the site of improvement, and, in case any N work is sublet, Subdivider shall require any contractor or subcontractor N Y similarly to provide Worker's Compensation Insurance and Employer's a, a Liability Insurance for all contractor's or subcontractor's employees, unless N such employees are covered by the protection afforded by Subdivider. In case o r r any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider d E M 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 Packet Pg.78 © commissions,officers,agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as F LO 0 follows: N (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, rn a death,to any one person, and, subject to the same limit for each person, w in an amount not less than One Million Dollars ($1,000,000.00) on r account of any one occurrence; Product Liability Insurance coverage Y should be part of the Public Liability Insurance; E s U (2) Property Damage Insurance. In an amount not less than One Million A 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 1 I 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.T9 ,--, 6.A.b Oand 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 n with the same insurance provisions as the contractor(s) and 0 subdivider(s). N (4) Personal Injury — Defined. As used herein, the term "personal injury" i shall be defined as a hurt or damage to one's person including, without o, a limitation, damage to health, cuts, bruises, broken limbs and/or bones, y or the like, disabilities or impairments, including aggravation of 00 n existing injuries, or invasion of personal rights, including libel, slander, F malicious prosecution, false imprisonment or mental suffering. s v 12. Evidence of Insurance. Subdivider and contractor shalt famish City, a 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 and shall protect, defend, indemnify and hold the City and its elective and appointive boards, 7 PacketPg.80 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 n indirectly, (including from the negligent performance by its officers, employees, agents) from 0 the terms of this Agreement, whether such operations/incidents are caused by contractor, N 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, or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, n demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its r U appointive boards, commissions, officers, agents and employees from any suits or actions at :m: 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 Oinsurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all 8 Packef=,Pgp 81 6.A.b 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 thic paragraph, regardless of whether or not City has prepared, supplied cu approved of Plans and/or Specifications for the subdivision, or regardless o: whether or not such insurance policies shall have been determined to N 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'; o liability but is intended solely to provide for indemnification of the City from liability fol 0 damage or injuries to third persons or property arising from Subdivider/Developer's N performance hereunder. O 14. Title to Improvements. Title to, and ownership of, all improvements E a constructed hereunder by Subdivider shall vest absolutely in City, upon completion and y acceptance of such improvements by City. A 0 n n 15. Repair or Reconstruction of Defective Work. If, within a period of one year x after final acceptance of the work performed under this Agreement, any structure or part of E r 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 PacketPg:82 necessary repairs or replacements or perform the necessary work, and Subdivider shall pay tc the City the actual cost of such repairs plus fifteen percent(15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider'; 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. n 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain r` 0 prosecution of the work, or any severable part thereof, with such diligence as will insure its N completion within the time specified, or any extensions thereof, or fails to obtain completion �. Y C of said work within such time, or if the Subdivider should be adjudged a bankrupt, or o, Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a w receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any o n of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon M Subdivider and subdivider's surety of breach of this Agreement,or of any portion thereof, and r 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 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.83 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 (a) Notices required to be given to City shall be addressed as follows: 0 City Manager N City Hall 300 North"D" Street San Bernardino,California 92418 E (b) Notices required to be given to Subdivider shall be addressed as follows: a University Park,LLC y T 101 Main Street, Suite A o Seal Beach,CA 90740 T (c) Notices required to be given to surety of Subdivider shall be addressed as u d follows: r v L-kVPyi VI YAYIC OYh a 61 �%Ltkl 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.84 6A.b day and year first above written. ATTEST: CITY OF SAN BERNARDINO By: City Clerk Andrea Travis-Miller, Interim City Manager Approved as to form: City of San Bernardino SUBDIVIDER: JAMES F. PENMAN, City Attorney, By: By: Ln 0 I N N C E m a N r M 0 n n K F c m E u u m a 12 "'`Packet Pg. 85 6.A.b;. © 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 Ibe signed also. The Agreement must be notarized. A 0 r n See attached Notary Acknowledgement 0 N r N N_ © C E m Q a N r A 0 n D: H c a E M U A Q O 13 Packet Pg.86 B.A.b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •{1/YlY{1Y1/{Y{{1{{/{1{{{/Y{/YY//{Y{{{/Y{{{{//{{{t)1/1{YYYYYY{le{//Ilp tYl/{{/{Y{Yl{{YI State of California County of Orange On November 28 2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o r r WITNESS my hand and official seal. '~' JANICE.WALL ~ Commleelon Y: 1669800 a o Notorl,PutrNc •0cwfornlo LO LO Signature J LQ C-4 Comm EtQNfiN"Aug. n 9, 2013 Slgna4 a ofNorary Public O t Place Notary seal Above E OPTIONAL ¢ a n to Description of Attached document M 0 Title or Type of Document: Subdivision improvements Agreement n Document Date: November 28.2012 Number of Pages:_ c d Signers(s)other than Named Above• Andrea Travis-Miller Interim City Manager San Bernardion E James F. Penman,City Attorney.and City Clerk x Capacity Claimed by Signer Signer's name: James R.Watson X Individual X Managing Member Member Signer is Representing: University parks Promenade&Shops LLC /moo Y{Y/Yll{{{{1i Packet Pg.87 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y.\\\\\\Y.{\\Y a.an\..0 a.... YaYY\...{Y.Y\Y.Y.\.an\..Y\\....Y\\\moms...as. Y.\\YI Stateof California County of Orange On November 29,20 2 Before me,Janice Wall,Notary Public,personally appeared Judy Rodriguez Watson,who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r' 0 n r WITNESS my hand and official seal. F_ MWE WALL tlQlnmlallp(t# I 0 M0tGO p/1hNC•CoNkN�lo N cowy Signature Comm. �� 9.4019 N S nature Notary Public C Place Notary seal Above E tT OPTIONAL a a Description of Attached document M 0 Title or Type of Document: Subdivision improvements Agreement " r` o: Document Date: November 29 2012 Number of Pages: 13 r C tl) Signers(s)other than Named Above Andrea Travis-Miller Interim City Manager San Bernard!on E James F Penman City Attorney and City Clerk James R Watson Q Capacity Claimed by Signer Signer's name: Judy Rodriguez Watson X Individual _Managing Member X Member Signer is Representing: University parks Promenade&Shops LLC ............Ym\mm..aa.mmmm..mmmma..ma2a■aaam\....mma.amma..a.\.a.aam.a.aaa•a.., Packet Pg,88, i SITE LOCATION `\ SA , 8 V N A R D I A, wit z -- . aa t5 0° a ,eyw E j{Cc 7 I c � O b� a o i !YI U p• v. ST• J v LOCATION MAP TR 17703-1 PacketPg. 89 i .v\... ......... ...n r. ...f 1 \:::... ....i,. •.,.\ ............... :.•. 1 . ....... ..•J.:.... . . . • . . . ... ,. 1 • r UECUTENO IN TRIPUCAT1k Boom 1010932 F xttMohw eluded in Cost of Performance Bond, LAWIX MATERIAL A SVSDTY6TON AtVD 88ND'-G4.j.IFORtYI t>J +AS; City of San Bernardino Raft of Califomia, and University Parks Promenatle&Sho s LLC fhaoltmiuc designated as "PdhhrJpai va anteiad errs algcemetR am prmo .agrees MiFill tupletn aetNin daligrwkd public improvemems which said rr wmcnl dated _-- T and iderdi8od. as prryod for, Tracl.No.17703-1 and Is bemby to arc o maot a pm oa'Y�,ardt- W'Maks,thdatlo balms ofBaldU&MMC \Priaolaal is mlofied bdot'o en*4 upon the pcd(XMaroe of dm Worktto Elio a good and shdSdenC payment bond with tha City of San Bernardino io sworoltle oldois to w1gult rcfetetuo b made in TWO 15 onmm=4With Seam 3032)as Pmt 4 of Divlman 3 0!ibe c (4.4 Cads of the St"of Calibacls, n n Now, theral'om, said prinelpsl and the undar;fancd as oocporsto 3orety, arc bold and Beady bound unto City of San Bernardino (hoidnoler daslgnatod as Obllgeo-)and all i- oord-adom, sohoantreoW% laborers, mateiiOnm and otter persons anpbycd In to performatso of the afansald agr .. oenttuU and rcfmod to in The aferesafd Code of Civil Proceawe, in ins " of 1°n Sevemv Nine Thousand Seven Hundred Fifteen and 751100 dollars N U5.7 1 r matedel forfrLs}hod or tharoon of any kind, or or zwcoats duo under to rump o�t fnaum m Act tvith respeol to snob work or labor,*M'said&=V will pay the-ante in as amour t not e9m4rig do swa hctoinebova set fodl6 and also is case auk Is brought upon a bond,will pay,in addition to rbe taco 0 amour t taxot coals and reasonable expmnea and fen,b'hols&g remmnsblo suaroty's PcM inourred by the ObBgeo in m sueo"A ty edtowieg mob obilgatioN to be awerdod and fixed by Flu court,all to be fixed as amts and isduded in dm a judgmadhaoinrsndarod, m U is oprassly sdpttlatad o>3 agrood that thlb bind shall irate to tba benefit of any and aU•petama,aompaoias and ' mipwafiau araitted to file dlemi.,under Title IS(corrmcnoing with Seatfon 3082}of Part A of Division 3 of the Civil Code,w ss to give txm aright of act=tothnm or thdv ascigas btalry snit taotghtupon this bntd, 05 2 Should taroondi moftiffsbondbeMypedormeQOM9tfsobligation shallboomaenul lendvoid,otl=WlaaItehndbe and Mcwth in WU force and effacL R J The surely hc[eby stlptdates and apew that no cfranga, extoosion of time,ah mbon ox addition to the tames of add M agremsm or tho specifications wompanying the sumo rhall In nay=Mof shed its obtigations m this bowl,mkt It does e hereby waivonotica of any such oboW,w*nho h,abaeliow or ndditiwa IN W1Th1ESS VAMRBOP, this insahmct has beta duly emwwd by ftaclpal and ftsy mated, on Novemoer28ih.2012 F- University Parks Promenade&Shops,LLC d Q . Lein Insurance Company oroty B p nine onme, tone u,-1,.d 1289Roa- _ A ao ML Juliet 7N 37122' m PacketPg. 9O CALIFORNIA {gALL-PURPOSE ACKNOWLEDGMENT y+J�gl+��{ryyy�y�ypy5�• STATE OF CALIFORNIA County of Los Angeles On November 28, 2012 before me, Susan E. Morales,Notary Public Dale Here Insert Name and Title of the officer personally appeared Janina Monroe Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose namo) is/;a00Csubscribed to the within instrument and acknowledged to me that Ju/shehbW executed the same in DiXNierA M8QXauthorized cap acityi , �'""`" and that by KWI1er/ (signature(76) on the instrument the o 33 SUSAN E. MORALES person(X), or the entity upon behalf of which the personQs) COMM.#1930723 L acted,executed the Instrument. L .� NOTARYPUsLIC-CALIFORN1AI+ N LOS ANGELES COUNTY I certify under PENALTY OF PERJURY under the laws of My Comm.Expires March 28,20tsy the State of California that the foregoing paragraph Is true to and correct. N Witness my hand and official seal. 0 Signature _V t, .>•. 4— M vi z m Place Notary Seal Above 'signature or Notary Public w Susan E. Morales m d OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document ad and could prevent fraudulent removal and reattachment of this form to another document. o 0 to Description of Attached Document Title or Type of Document: University Parks-Bond-qty of San Bernardino n Document Date: November 28,2012 Number of Pages: Signer(s)Other Than Named Above: NONE E Capacity(fes)Claimed by Signer(s) U Signer's Name: Janina Monroe Signer's Name: a ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)� ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General ® Attorney In Fact ❑ Attorney In Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: CSigner Is Representing: Signer Is Representing: a 2007 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chafsmrib,CA 91313.2402•w .Naflonaftlary.org Item 08907 Reorder:Cell TolFFm i-8068786827 Packet Pg. 91 6.A.d POWER OF ATTORNEY LX - 24338 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation,with its principal office f Louisville, Kentucky,does hereby constitute and appoint: Janina Monroe Thomas G McCall Paul Boucher * * * * its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for, and on Its behalf as surely,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 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-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 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 M as specified in the Power of Attorney. ° n n 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 and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s Ln executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu N to be valid and binding on the Company. a IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it m Corporate Seal to be affixed this 2nd day of July,2003. a Ut LEXON INSURANCE COMPANY'0 ZF BY a David E.Campbell President ACKNOWLEDGEMENT 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. "OFFICIAL SEAL E E LYDIA J.DEJONO NOTARY PUBLIC,STATE OFILUNOIS �MY COMMISSION EKPIRFS(/12/2001 �iL: _j � ►/r � 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. NOV 2 8 2012 Signed and Sealed at Lombard, Illinois this Day of ,20 N vim`..CF C-!) TEXAS D III xi INSURANCEZ W�} COMPANY .� Donald D.Buchanan i Secretary Packet Pg92 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ................................................a.......8......8.......a.....a...go, State of California Countyof Orange on November 28.2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing c paragraph is true and correct. WITNESS my hand and official seal. JANICE wati o Commission M 1559500 1O Nofary Public .Calllornla _ Orange County Comm.EXPIres Aug 9, 2013 Signature v—�cI�JP a m Slgna[u of Notary PUh11c N R L Place Notary seal Above .d-. OPTIONAL M Description of Attached document 0 J Title or Type of Document: Subdivision Labor and material Bond -Tract No 17703-1 $79 715.75 C3or\Q.li-- loloa3z M 0 Document Date: November 28.2012 Number of Pages, 3 Signers(s)other than Named Above• Janina Monroe Attorney-In-Fact c v Capacity Claimed by Signer r a A Signer's name: James R.Watson a X Individual X Managing Member Member Signer is Representing: University_parks Promenade&Shops. LLC ..................................................................so...I.........o., O Packet.Pg.93 i EXECUTED IN TRIPLICATE Maintenance Bond Warranty Term to years p(emium: $996.00/Annually Sondl Numbor 1010933 i MAINTENANCE BOND University Parks Promenade&Sho s,LLC XNOWAXb9YTH)3$BPRL'SSNTS,Tbsrwe, -�-f?-,-- i M as prinelpel,and Lexon IrsUM11GO Company a corporation organizod order the Iowa oriba$1410 0 and duty auWorizad todo lwelanso laths Scare of; Texas as grnaty, aro held and t3tmly bound L unto City of San Bernardino 1- as0b4=,IufbdpeaSlsurriof_ .. Thirly.Nine Thousand Eight Hundred Fifty Seven and 881100 0 IS 39,857.88 ),towfilohpaymentwellandurulytobomadswedobiudotusalye.s,ourandeacbofour bees,sXSCUtors,admfalsuaars,suaces+ors and asslgusJoiody apd eavarolty,flrmtybytbvs0 presonb. -a 0 O s,dlasaidPrin' RYA a 0 dsyofap laedintoaContrarvcs ucopyofwbichlshemfoaaaobadand mndc apart heraoP,For Tract No.17703-1 e @ c m c NOW,THL'REFORn,THE CONDMO14 OF TMS OSLWA7TON i3 SUCII,tbat if the Prmotlial elmll guarantee tbot � (hewod:)vili befkaoorairy W461ivo matadals or yr Amenshtp which becom0 apparent duff the paled of M One 1 ) yeu(s)fallowing complotlon?f tbo Controot than ilea obliplion shall b void,otborwlso to ramnht ni in N11 force mtd ofkct, provided however, any addidanal womanly or guarantee whether expressed or knpllbd Is wended by the Principal dud the 8metyassumoo no lfabTty for ouch a guarmdoe. � Stgnad,scaledanddalcdlhta 281h day-0 November 2012 d E t U pdnclpal University Parks Promenade&Shops,LLC Q (Wiuteaa) Lexon Insurance Company .� f✓vr '2. . /�a7�.La�p fSE4l1 Susan E,Morales,Account Manager (Wilhess) Janina Monroe,Aftomay In-Pact PacketPg. 94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On , November 28,2012 before me, Susan E. Morales, Notary pu "C Date Here Insert Name antl Title of the Officer personally appeared Janina Monroe____ Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(*) islmsubscribed to the within instrument and acknowledged to me that iM/she/R)W executed the same in I)%lher authorized capacity". sswrnawa!Aiwser and that by X%/her/it50Gxsignature(x) on the instrument the SUSAN E. MORALES person(lE),or the entity upon behalf of which the person(it) o g COMM.# 1930723 acted,executed the instrument. e1 NOTARY PUBLIC-CALIF'ORNIA� LOS ANGELES COUNTY I certify under PENALTY OF PERJURY under the laws of � My Celnna.[xpires Marcfl2a,tots the State of California that the foregoing paragraph is true and correct. LO N Witness my hand and official seal. D c Signature ccoo�Y. G /�Z of e)o 0 Place Notary Seal Above signature of Notary Public m Susan E. Morales C ( OPTIONAL d Though the information below is not required by law, it may prove valuable to persons relying on the document c and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 0 Title or Type of Document: University Parks- Band-City of San Bernardino Document Date:_NOvember 281 2012 __-- Number of Pages: ~ c E Signer NONE r s)Other Than Named Above: v la Capacity(les)Claimed by Signer(s) a Signer's Name: Janina Monroe —_ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)• ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General (Rl Attorney In Fact 9•• ❑ Attorney In Fact ❑ Trustee 6 ❑ Trustee 261 Lai it,• •• ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other; Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Solo Ave.,P.0.9ox 2402•Chawworth,CA 91313-2402•w .NatlonalNotsry.org Item 115907 Reorder:Call TeI6Free 1.800,8764827 Packet Pg.95 ^ 6.A.e POWER OF ATTORNEY LX 2 4 3 41 Lexon Insurance Company 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 Monroe Thomas G McCall Paul Boucher * * * * 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 0 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 LEXOf INSURANCE COMPANY on the 1 st 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 al 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 as specified in the Power of Attorney. M 0 Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorne r granted, and the signature of the Vice President,and the seat 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 .. executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continu u°y 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 it Corporate Seal to be affixed this 2nd day of July,2003. ° In m vFiANCP LEXON INSURANCE COMPANY ` 0 .........ti00 o A D TEXAS ro c (( INSURANCE Z N �1 COMPANY , David E.Campbell ••••••••'• President A r r ACKNOWLEDGEMENT r 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 y he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. E v OFFICIAL SEA L• LYDIA J.DEJONO Q NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSIOR EXPIRES 1/12/2007 . Lydia J.DeJong CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that tY 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 ti- resolutions W set forth are now in force. NOV 2 S .2012 Signed and Sealed at Lombard, Illinois this Day of_ ,20 \�50'.A..O0 = TEXAS �'0 x INSURANCE COMPANY z.� Donald D.Buchanan Secretary •.......• " Packet Pg.96 __ p 6.A,e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ........................................................a.......a................... State of California County of Orange On November 28 2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing M paragraph is true and correct. ° r` WITNESS my hand and official seal. JANICE WALL COn1ml661an N 1559800 z o Notary k0lla • Collfomla f Orange Coubty N nn WCOMM.UPI( a Aug 29,201 a Signature \j3m-0 c 0 'Ignatu of Notary PUbllc m N Place Notary seal Above C R OPTIONAL m c Description of Attached document Title or Type of Document: Maintenance Bond Tract No 17703-1$39 857.88 �o n&4 t010�t33 Document Date: November 28 2012 Number of Pages• 3 Signers(s)other than Named Above, Janina Monroe Attorney-In-Fact E L Capacity Claimed by Signer Signer's name: James R.Watson X Individual X_Managing Member Member Signer is Representing: University parks Promenade&fps LLC Packet Pg.97 I O EXECUTED IN TRIPUCATE BUBOIVISION MONUMENT BOND Bonding Company Lexon Insurance Company TRACT NO 17703-1 Address 12890 Lebanon Road PARCEL MAP NO j City Mt Juliet TN 37122 - _ BOND NO 1010934 PREMIUM ,$300.00/Annually KNOW ALL BY THESE PRESENTS .Lt University.Parks Promenade&Shops,LLC , Subdtdlder, as Principal, and Lexonlnsur ence rompan A CorpaWION as Burbly,are orby Joint and senora ly bound to pay to lha C ty o San Bernardino sum of c Three Thousand Five Hundred and pall 00 ,($3 5004W— The condition of this obligation Is that whereas the Subdivider, as a condition of the filing of fhb final subdivision map of(Tract, PM) 17703-1 , entered Into an agreement with said City to sot Suvey Monuments and Tie Points In said tract and fumlah Tie Notes therefor and to pay tha engineer or surveyor performing the work,In full,within 30 days aftercompletlon N NOW,TI IEREPORE, if the subdivider shall wall and truly perform said agreement during the odgina"arm thereof or of any mdansfon of saw term that may be granted by the Board of Supervisors of the City of Ban o Bernardino with or wilhout notice to the Surety,this obligation shat be vold,otherMw R shall remain in full m force and effsct. c 1 As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be Included costs and reasonable expDenses and fees,inducting reasonable attomey' fees,Incurred by City in successfully antordrlg such abilgatlon all to be tared ns costs and Included In any Judgment rendered C 0 The surety hereby stipulates and agrees that no change,extension of ume,alteration or addition to N terms of the agreement or to the work to be performed thereunder or the spsolficailons accompanying the same c shall In anyvlsb steal Its obligations on this bond, and h does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications r` Dated November 281h,2012 Name of Principal University Parks Promenade&Shops,LLC c d E .c U Authorized Signatures) By COr (11 glee($} atlon, fog el) 1 Name of BUrety Lexonlns nc Company Authorized Signature By Tide Attorney-In-Fact,Janin onroe (Aft Corporate Soso 1 PacketPg. 98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA 1l County of Los Angeles J On November 28,2012 before me, Susan E. Morales,Notary Public Date Here Insert Name and Title of the Officer personally appeared Janina Monroe ._- Name(s)of Skyner(s) who proved to me on the basis of satisfactory evidence to be the person(X) whose name(*) is/msubscribed to the within instrument and acknowledgged to me that)M/she/fdx-�tC executed the same in DfD.�/her/14 authorized capacity(it*, AVmAa and that by W/her/Jb6)4)Csignature(X) on the instrument the SUSAN E. IyfOR Xq person(%), or the entity upon behalf of which the person(X) iCOMM.# 1930723 acted, executed the instrument. o y ' NOTARVPUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of f.osaNVeLescourorr the State of California that the foregoing paragraph is true r My Comm.[zpaes March 28,2016 and correct. 0 LO Witness my hand and official)seal. Signature X1 Lcoom G . X1016.a c Place Nolary Seal Above signature of Notary Publlc Susan E. Morales m OPTIONAL I � E Though the information below is not required by law, it may prove valuable to persons relying on the document 'c and could prevent fraudulent removal and reattachment of this form to another document. C Description of Attached Document 0 r Title or Type of Document: University Parks- Bond City of San Bernardino Document Date: November 28,2012 of Pages: ~ c E Signer NONE r s)Other Than Named Above: v to Capacity(les) Claimed by Signer(s) a Signer's Name: Janina Monroe Signer's Name: ❑ Individual O Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)' ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General fXl Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association-9350 De Sato AVa.,P.O.Box 2902-Chatsworth.CA 013132902-w ..NalionelNororyor0 Item 06907 Reorder:Call T011 Free 1800-8766827 PacketPg,99 6.A.f POWER OF ATTORNEY LX _ 2 4 3 4 2 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office it _ouisville, Kentucky,does hereby constitute and appoint: Janina Monroe,Thomas G, McCall,Paul Boucher its true and lawful Attorney(s)-In-Fact to make, execute,seal and deliver for, and on its behalf as surely, any 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 LEXOP 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 o 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 Compam might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by ar 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 O 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 ` and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s( r executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which It is attached, continu( c to be valid and binding on the Company. N_ IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it,, o Corporate Seal to be affixed this 2nd day of July,2003. c 03 vPANCF LEXON INSURANCE COMPANY \�yf,..... ,'goo A E 0 TEXAS 'O C x( INSURANCE 7 DSi O �+}1 COMPANY {:� BY ��/'`� k f ............•' David E.Campbell A President ti ACKNOWLEDGEMENT r On this 2nd day of July,2003,before me,personally came David E.Campbell to me known,who being duly sworn,did depose anc say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;thal E he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. z 0 "OFFICIAL SEAL• LYDIA J.DEJONO µ NOTARY PUBLIC STATE OF ILLINOIS n � ' MY COMMISSIOff EXPIRES 1J12/2000 7 I �(y` Lydia J.DeJong CERTIFICATE Notary Public 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. . Signed and Sealed at Lombard, Illinois this Day of NOV 2 8.201; JFtANCF A .0 C TEXAS O INSURANCE 1> COMPANY Donald D.Buchanan *% Donald... •' Secretary Packet Pg. 100 6.A.f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ...............a.......................a.....ago......................man.........., State of California County of Orange On November 28.2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, A n WITNESS my hand and official seal dANICE wnt COMMbelbn M 1889800 - N$ary Public •CaBfanla ° Osonge County nn ,, �m. Expires Aug 29, 2013 Signature JM(yMt.Aiw XY v Slgnaeur fNotary Public C m Place Notary seal Above C d OPTIONAL E c 0 Description of Attached document Title or Type of Document: bdi men Bond W 65oo.oo n Son t0\0°134 Document Date: November 28.2012 Number of Pages: 3 Signers(s) other than Named Above• Janina Monroe.Attorney-In- Fact E E Capacity Claimed by Signer r M Q Signer's name: James R.Watson X Individual X Managing Member _Member Signer is Representing: University parks Promenade&Shops LLC .....a.....................................................on a........we.......a...i ' Packet Pg. 101 . FrU•IEO PITRIPL[CuC[P B �„y 1010932 , Acmntu 53,966.OD/Annually SLDL$V1ffi�1plsRFfU21,lA'�Atk713•CALIF6Ytbbl� t'S}?.L*pi S. City of San Bernardino y University Perks Promenade&Shops,LLC N=1111RO kVP*l03 e ' 'J'autpd'�hssemtafndmk=WeamerAwhere4P ftVJ gMwlaaiansidwtbpbtaaptemdrAgnsledpob lw mrt=rm z alveh Laidagaamanl,dddd , . , �,.�,ad &-W&davprup'u w I Tract No.17703-1 i I anJUhcmtmafertdioandaurdr.s�llucaotAd i '� l%] tdpokipelnrag rndwdarRataansof sadspyewadmfnmsbobamd(artha6QilulFCifwmtracm( Nw,ihaotaro,wclm? larpafand Lexon Insurance Company c 6a"sJrdy amh.ldrurd fumly 6mnd aniq City of San Bernardino � . hrramrdly atlal`Dbl{gM mthepNalatun w One Hundred Fi(t Nine Thousaannr Four Rundred iTFir Y ne and 50/100 j1p $1�g` 91orWy fro Mel perm ear a cnn u 1 andt oty td be made aq amxsaes w r t KMVA%I s,"Wi0r;and ~ • ,arhdmstnlDxa,J�aily'malxwaraIly,lmnlyhy.8umprdurxe c Ln Tba em twm d•dos o iPlilam Iti sw.h dril it rhd;b*c kunden NnmpP4 has at rh bars,aseNlars admGnStudmv, ea.aesGoa err mwM shell a.GU 000 LUmil w wd abA by and wall m,d maly harp and pcift v the cm owft nS eed 1"&r ms m dm satd prarmcm ma7 my aliembon jhgmrmada?Afharam pro,14A der tar or4wc�m v be L"#mpafam W=112c Um 90d m'be anmm$own Vmfb d g sr an o meanmg,aad s1mi1 tndtamr(y and ass ahmrakvs>he Otrlgre W o%ceB Agents mrd employEal 851hWCJ3 dltPnlcttd.drari m lha obbRlmn alx@bavamcmM sodrmd,othermu B 14 ba dndrnawm vr9d,forcatdzag 4 c Asparrof eye obLpat omaaawdbota6raad m add pan to he lace aroo mt.p and cdthcmtb a dxm 1ha11 be mahgnt noms f0 Graf reaswubb a,pearas mrdim;nxvrtad by pW4"M%cces D4 wa"mg Such obhgabon,aobe avvrda4 sal fiivM E by t v tatatmrd to be taxadas awtraal W ba""dwtfw rydgmebtsadqad ,t Sher Surny i a+Sy.bDwems�uT �rus IIrat m a v_rzt•ttlorawtolbeworLfobnpnfomaMlhcrmadeseail�m� lxanmssa alMo>MondwWAC4411M um >tadAs. imrnsvnihabomd.miitdo, ra-v �9 B aarw3di e4at ri hWCigOiairr; csl rtmr>gq,eldmsronettuar,alraeaonbraddiaonlo the tapii bf'droagreamtbr remlba a•[vL arto tSrspeabmbons ° t` Urmnxsstd>°red.0i+aa�emmua7nskrndulYcc=aaedE}thoFYmCipalandS>YetyosnmaLcq November 28th, � 2012 H • c y E _ University Parks Promenade�LLC _ BY Q Lexo nsur@nce Company Janina Monroe_At�ey-In-Fact .• - 12890 Lebanon Road ' Address /. Mt.Juliet,TN 37122 - - Packet Pg. 102 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On November 28,2012 before me, Susan E. Morales, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(x) is/wsubscribed to the within instrument and acknowledged to me that)1>t/shei executed the same In DN/herAOMauthorized capacityo*, aw�maaa«wrcAeevvArnms and that by N)Vher/ff signature(x)on the instrument the SUSAN E. MORALES person(lE), or the entity upon behalf of which the person(10) COMM.tt 1930723 acted,executed the Instrument. r g ' a NOTARY PUBLIC•CNlA� LOS rtNQELBS COUNTY OUNTY certify I tif under PENALTY OF PERJURY under the laws of My Comm.Expires March 28,zot5 the State of California that the foregoing paragraph is true and correct. t°n N Witness my hand and official seal, Signature r� �N, Ypp .e1n c_ , m n In Place Notary Seal Above Signature of Notary Public Susan E. Morales N C OPTIONAL E 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 documeni g a Description of Attached Document M 0 Title or Type of Document: Unlversl Parks-Bond-Gty of San Bernardino — r IY Document Date:_November 28,_2012 Number of Pages: V C Signer(s) Other Than Named Above: NONE E E v Capacky(les) Claimed by Signer(s) a Signer's Name: Janina Monroe Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)• ❑ Partner—❑ Limited❑General ❑ Partner—El Limited❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: >�CX�2> "�'�`�i -"���`T--?a'"�U"�`��'�233`�2'`4��24irii`�`.lttY�G^�Y��'i�`�k"S�`��r��+s��Z"�t.�'S�'�t.'�`•�s 02007 National Notary Aeeocletlon.9380 De Soto Ave.,P.O.Box 2402•Chatavmral,CA 913132402•v NallonalNatary.org Item#5907 Reorder:Call Tolmee i mo-an-IaI27 Packet Pg. 103 6.A.g POWER OF ATTORNEY LX . 2 4 3 3 3 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office li Louisville, Kentucky,does hereby constitute and appoint: Janina Monroe Thomas G.McCall Paul Boucher * * * * 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 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 indemnit or other writings obligatory In nature of a bond not to exceed$2,500,000.00,Two-milllon 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. o r 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 facsimlle to any certificate of any such powe and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power s .. 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. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and it 0 Corporate Seal to be affixed this 2nd day of July, 2003. O m aANC LEXON INSURANCE COMPANY U'INSURANCE �'0 O 1Y BY r �/` C C David E.Campbell President eh 0 n ACKNOWLEDGEMENT m H 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 m he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. _ __'0FRCIAL SEAL" :° LYDIA J.DF-JO 10 Q NOTARY PUBLIC STATE OF ILLINOIS q� MYCOMMISSU4EXPIRES111212007 Lydia J.DeJong CERTIFICATE Notary Public I,the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that lh 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. ��''n� Signed and Sealed at Lombard, Illinois this Day HIS 2 a Z01 20 r FtANO••um•• 0 A O TEXAS t tW Donald D.Buchanan Secretary Packet Pg. 104' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .................................................I..............on N...... .....� State of California Countyof Orange On November 26 2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ° n WITNESS my hand and official seal. JANICE WALL o commission M. 1880800 Notory public • CaBtornla m County Si g nature Comm.Esl*as Au o 49, 4o7s c Slgnalurao Notary Public m d 0 Place Notary seal Above a OPTIONAL E 0 t Description of Attached document a Title or Type of Document: Sub di ' n Performance Bond -Tract No 17703-1 1159,431.50 t3o� ik-ID1G�L32 n r Document Date: November 28.2012 Number of Pages 3 Signers(s)other than Named Above Janina Monroe Attorney-In-Fact 0 m E s Capacity Claimed by Signer Y Signers name: James R.Watson X Individual X Managing Member _Member Signer is Representing: University parks Promenade&Shops.LLC ................................................................a.............. Packet Pg. 105 6.A.h MC 4 DIN TRIF=175 • I{ 1010935 Prauum 53 501 00 SL11�D7YlSrCNP1sRFURAlh\'CL L'02U)-C41.[FbBh�.i FrSMMM City of San Bernardino' $ yad University Parks Promenade&Shops LLC (hb'CnlnQer dMptatrd ae Q, _ 'i'rxatpnl'�kacearaarcdWamtagrobmeNwhotebyH,nctPalnT,,=,aIaWt old ce N*cerau¢tbslewedWW amxor400 a9vob6stda�tsmcm,dried, . -saddcnr,ixdes)mJruf2r Grading-Tract No.17703-1 aaduhcrbvlofxredlo�dm�h.apxlhacwt and �'+}ib7thAS,smdPratr•,pal Rtegt vadtmdx Nuµ¢mt afsa+d 9Weetutvtbrtmrudrabond fartftc 6Ntfullt'eai swd�greemac 71atr,thaufarqua,•Le Prmcrpal and Lexon Insurance Company c au.5drdyarclx.{dardtcmirbaintltNiW Cit ofSanBernardino hrramafta mood,Dblrset .mdxpattalstxn n N /500 �1ao.04 s.s� monay rw F (iawept M A ' Iwi Anaaagr w bn coeds,wa a`vw av W e%Pra'MAS.V v oeblM Sad ~ •advamaaea's,�aaY15'mel sdectvNy'laq,ly byPona pCercNa o 76—d-um cr da5 obi sari 14 sah drat fllbe abate k=ka pnnrwr boat 41)kus,OACWOrs srbnrnitdrac, aa.tassas or mum, SMtg m all U131 atteel w and UlWt by,and 1vtZ and tmCy knp and petllxm the caxmems, eoodroze aedprvy""-tho.+avlq=nctor'smyvuemnant}tetcofinedesr thnrem pro,tr4,d,eehuar I=M M v be Leff aridpetdorWed�du ttaa aM W>bd tnhbmr tyiorcm gxct&d mnd utell rtspcC.f auxsdtoy W d+tr[ttve vdent cord � maetzmg,axdshatlmdmmr$•araasalphaanlzrstSe9blrgrr 1mo&4A wntsww=p4fts aadNMS!r dgo&%M 1hn oblWtmn 6a9 bt+wnemil%W raid,otbwWM It dm17 bond r w=to ad,fpju%4 atfrct. m y 1 Asperteldio obftvahors9aavd hambrstdm addkron lotlx>ex mnotau.pxrltdth-rakaq ago shill bat ol4cdcuta and n,am410 dvn and{e-s,=t red by matgw in suwa mitay alftxroa{g w Qh abl pbon,to be swmdod wa freed E by thewaL and toWW*d0aoiLreAWbe=rof d Win NdWocttvndcad Ibe 3u[Ry harrkl;wort'tTftm I a ut agues 0q no mgt.a dwffx of hate,atta dum eddtt<a to tha lam rd Uw d %S vrecu dAWttw fo the worn to ba pi fdo uT fberabdtr a:@u tFlcanora.aw mfxmymg d¢Hama Stull m mtyy,tea aEku a '8damtsmibabau4godttdxsdaabyteatvenatwdota�yeuehdmtga,rWmsionuttun r,abxabanoraddmtatto ibatcrmtofAbdagm minr toL$owmL'OCW7fryPpb�jpag A O n hrwraesstaberdd.Pi+smurrst+zChatkaedalyc,zc�tdL}77taNmppalorxJSurttypnmal,lm November 28th, r- . _2012 Q F- • C w tLexlnsu�rance arks Promenade 8 Shops,LLC Company 7Aftmey-In-FaClt Janlna Monroe .. 12890 Lebanon Road Mt.Juliet,TN 37122 Address Packet Pg. 106 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On November 28,2012 before me, Susan E. Morales, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janina Monroe ,—_ Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(X) is/;(mxsubscribed to the within instrument and acknowledged to me that /she/X)W nwm#,ArsAA#eAnwwr#vvaun executed the same in ON/her/14)/20Xauthorized capacity , SUSAN E. MORALES and that by f(f0/her/fbdcsignature(y,) on the Instrument the r COMM.# 1930723 person(X), or the entity upon behalf of which the person(X) o NUTARY PUBLIC-CALIFORNIA acted,executed the instrument. Z ' I.OS ANGELES COUNTY My Comm.[xpires March 2B,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true o and correct. rn N Witness my hand and official seal. 9 � . m � o ,_ Signature Gtdnm rn -� c Place Notary Seal Above Signature of Notary Public Susan E. Morales to d V OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document g o and could prevent fraudulent removal and reattachment of this form to another document. a Description of Attached Document A 0 Title or Type of Document: University Parks-Bond-City of San Bernardino Document Date: November 28, 2012 _ Number of Pages: w Signer(s)Other Than Named Above: NONE m E t U Capacity(ies) Claimed by Signer(s) a Signer's Name: Janina Monroe Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General 0 Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02D07 National Notary Association•9360 De SOW A"..P.O.Box 2402-Chatsworth,CA 91313-2402•~4atlonalNotaryorg Item#5907 Raorder,Csll ToHFM1.800-87e8S27 Packet Pg. 107 POWER OF ATTORNEY 6.A.h , Lx - 116430 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 Dennis Langer,Paul Boucher, Timothy Noonan********************************************************************************** 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 1 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 other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies,contracts of Indemnl 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 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. 0 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 Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any suc power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any suc power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attache( o continue to be valid and binding on the Company. 1 N IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this Instrument to be signed by its President, and it a Corporate Seal to be affixed this 21st day of September,2009. 0 LEXON INSURANCE COMPANY m U(INSURANCF PANCU NO E �BY .� David E.Campbell a President CL M ACKNOWLEDGEMENT n On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, di W depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the abov 1- instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. m E r "OFFICIAL SEAL" � MAUREEN K AYE Notary Public,State of Illinois Q My Commission Expires 09/21/13 Maureen K.Aye CERTIFICATE Notary Publio I,the undersigned,Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company,DO HEREBY CERTIF 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 an the resolutions as set forth are now In force. NOV $812012 Signed and Sealed at Woodridge, Illinois this Day of 20 �J<AANCE A RINSURANCNA TEXAS r JZ ��•COMPANY e Philip G.Lauer `•....... Assistant 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 and civil penalties." Packet Pg. 108` 6.A.h CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .................................................•.............................r State of California County of Orange On November 28.2012 Before me,Janice Wall,Notary Public,personally appeared James R.Watson,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ° r WITNESS my hand and official seal. JANICE WALL Commission A 1e69000 Notary Pubnc -Callfomla. N Oronge Coum9 -- Signature Corn,Elrpltee Aim 79, 7010 Slgr tore ofN."y Public C m d Place Notaryseal Above IZ OPTIONAL E 0 Description of Attached document a Title or Type of Document: Subdivision Performance Bond -Tract No 17703-1 $144.046.00 A C30f�d to 0 3S Document Date: November 28 2012 Number of Pages: 3 Signers(s)other than Named Above' Janina Monroe Attorney-In-Fact d E Capacity Claimed by Signer « Signer's name: James R.Watson a X_Individual 3{ Managing Member Member Signer is Representing: University parks Promenade&Shops.LLC ............................................................................... Packet Pg. 109