HomeMy WebLinkAbout2013-346 1 RESOLUTION NO. 2n11-346
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR TRACT NO. 17703-2,
4 LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD BETWEEN
5 UNIVERSITY PARKWAY AND ASH STREET IN THE CG-2, COMMERCIAL
GENERAL ZONE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
6 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
7 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
9 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
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17703-2, located on the south side of Northpark Boulevard between University Parkway and
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13 Ash Street in the CG-2, Commercial General Zone, together with the provisions for their design
14 and improvement, is consistent with the General Plan of the City of San Bernardino.
15 SECTION 2. The City Manager is authorized and directed to execute the standard
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form Subdivision Improvement Agreement with University Park Promenade & Shops, LLC,
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18 attached hereto as Exhibit A, for the improvements in said Tract Map as are required by Title
19 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time
20 for performance is as specified in the Agreement. Said improvements are specifically described
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and shown on Drawings approved and on file in the office of Community Development of the
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City of San Bernardino.
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24 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
25 Bernardino hereby accepts as public property all dedications within the subdivision as shown
26 on said Tract Map for streets, alleys (including access rights), drainage and other public
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easements. As a condition precedent to approval of the Tract Map, the Subdivider shall first
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1 execute the Agreement referenced in Section 2 hereof for the improvements within said Tract
2 Map limits.
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The City Clerk shall certify approval and acceptance of the Mayor and Common
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Council as set forth in this Resolution.
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6 SECTION 4. This Resolution is rescinded if the parties to the Agreement fail to
7 execute it within sixty(60) days of the passage of this Resolution.
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2013-346
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR TRACT NO. 17703-2,
2 LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD BETWEEN
3 UNIVERSITY PARKWAY AND ASH STREET IN THE CG-2, COMMERCIAL
GENERAL ZONE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
4 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
5 FOR PERFORMANCE SPECIFIED.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a Joint regular meeting thereof, held on
9
the 16thday of December , 2013, by the following vote, to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ x
13 JENKINS X
14 VALDIVIA x
15 SHORETT X
VACANT
16
JOHNSON X
17
MULVIHILL x
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19
_ \it
20 Georgea Hanna, _ Clerk
21 1-5
22 The foregoing resolution is hereby approved this I' day of Deco ber , 2013.
23 _
24 J. Morris, %
25 City of San Bernardino
Approved as to form:
26 Gary D. Saenz,
City Attorney
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2013-346
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
pc,Cenn1oei' , 20 I J, 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
A. WHEREAS, Subdivider has presented to City for approval a final
subdivision map for condominium purposes(hereafter called "map") entitled Tract No.
17703-2; and,
B. WHEREAS, the map has been filed with the City for presentation to the
Mayor and Common Council (hereafter collectively called "Council") of the City for its
approval, which map is hereby referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets, highways or public
ways and public utility facilities which are a part of, or appurtenant to, the subdivision
(hereafter called "subdivision") designated in the map, all in accordance with, as required
by, the 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 City Engineer of the City; and,
D. WHEREAS, the Mayor and Council has approved said map and accepted
the dedications therein offered, or some thereof, on condition that Subdivider first enter
into and execute this Agreement with the City; and,
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E. WHEREAS, this Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 of the San Bernardino
Municipal Code.
NOW THEREFORE, for and in consideration of the approval of the map and of
the acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said
Subdivision Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be
done and performed, at Subdivider's own expense, in a good and workmanlike manner,
and furnish all required materials, all to the satisfaction of the City Engineer of City, the
work and improvements within (and/or without) the subdivision to complete the
improvements in accordance with the Plans and Specifications on file as hereinbefore
specified, or with any changes required or ordered by the City Engineer which, in his
opinion, are necessary or required to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to
be done at the places, of the materials, in the manner, and at the grades, all as shown upon
the Plans and Specifications therefor, heretofore approved by the City Engineer and
which are now on file in his office, and to the satisfaction of the City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the
time for the completion of said work to be within 24 months from the date hereof
4. Time of Essence — Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend
the time for completion of the improvements hereunder. Any such extension may be
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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
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of
replacement or repairs, of any and all property damaged or destroyed by reason of any
work done hereunder, whether such property be owned by the United States, or any
agency thereof, or the State of California, or any agency or political subdivision thereof,
or by the City, or by any public or private corporation, or by any person whomsoever, or
by any combination of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deposits — Statement. Subdivider shall file with the City Clerk,
prior to the commencement of any work to be performed within the area delineated on
the map, a written statement signed by Subdivider, and each public utility corporation
involved, to the effect that Subdivider has made all deposits legally required by such
public utility corporation for the connection of any and all public utilities to be supplied
by such public utility corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's
expense, obtain all necessary permits and licenses for the construction of such
improvements, give all necessary notices and pay all fees and taxes required by law.
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Subdivider shall comply with all applicable provisions of the Subdivision Map Act and
Title 19 of the 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 work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total
estimated cost of the improvement and acts to be performed as security for
the faithful performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost
of the improvements and acts to be performed as security for the payment
of all persons performing labor and furnishing materials in connection
with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total
estimated cost of the improvements and acts to be performed as security
for the guarantee and warranty of the work for a period of one (1) year
following the completion and acceptance thereof against any defective
work or labor done, or defective materials furnished.
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As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing the obligation secured. The type of security
furnished shall be in the form of bonds, deposits or letters of credit as
provided in Title 19 of the 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, and such insurance shall have been approved by the City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or subcontractor to
commence work on the 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
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case
any work is sublet, Subdivider shall require any contractor or
subcontractor similarly to provide Worker's Compensation Insurance and
Employer's Liability Insurance for all contractor's or subcontractor's
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employees, unless such employees are covered by the protection afforded
by Subdivider. In case any class of employees engaged in work under this
Agreement at the site of the project is not protected under any Worker's
Compensation Law, Subdivider shall provide, and shall cause each
contractor and subcontractor to provide, adequate insurance for the
protection of employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from failure of either
Subdivider or any contractor or subcontractor to take out or maintain such
insurance.
(b) Public 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, commissions, officers, agents and employees,
Subdivider and any contractor or subcontractor performing work covered
by this Agreement from claims for damages for personal injury, (as
defined hereunder), including death, as well as from claims for property
damage or product liability which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or subcontractor, or by
anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
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(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to any one person, and, subject to the same limit for each
person, in an amount not less than One Million Dollars
($1,000,000.00) on account of any one occurrence; Product
Liability Insurance coverage should be part of the Public Liability
Insurance;
(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 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
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and shall comply with the same insurance provisions as the
contractor(s) and subdivider(s).
(4) Personal Injury — Defined. As used herein, the term "personal
injury" shall be defined as a hurt or damage to one's person
including, without limitation, damage to health, cuts, bruises,
broken limbs and/or bones, or the like, disabilities or impairments,
including aggravation of existing injuries, or invasion of personal
rights, including libel or slander, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance
required, and evidence that City is named and endorsed on the policy as an additional
insured. Subdivider and contractor shall also provide City with evidence that each carrier
will be required to give City at least ten (10) days prior written notice of the cancellation
or reduction in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree
to and shall protect, defend, indemnify and hold the City and its elective and appointive
boards, commissions, officers, agents, employees and servants free and harmless from
any and all liability losses, damages, claims, liens, demands and causes of action of every
kind and character including, but not limited to, the amounts of judgments, penalties,
interests, court costs, attorney's/legal fees, and all other expenses incurred by the City
arising in favor of any party, including claims, liens, debts, demands for lost wages or
compensation, personal injuries, including employees of the City, death or damages to
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property (including property of the City) and without limitation by enumeration, all other
claims or demands of every character occurring or in any way incident to, in connection
with or arising directly or indirectly, (including from the negligent performance by its
officers, employees, agents) from the terms of this Agreement, whether such
operations/incidents are caused by contractor, Subdivider or any of
contractor/Subdivider's subcontractors, contractors or by 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 claim,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or
claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend
City, its appointive boards, commissions, officers, agents and employees from any suits
or actions at law or in equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider
which it may have by reason of the aforesaid hold harmless agreement,
because of the acceptance by City, or by deposit with City by Subdivider,
of any of the insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations referred
to in this paragraph, regardless of whether or not City has prepared,
supplied or approved of Plans and/or Specifications for the subdivision, or
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regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for
damages.
This provision is not intended to create any cause of action in favor of any third party
against Subdivider/Developer or the City or to enlarge in any way the
Subdivider's/Developer's liability but is intended solely to provide for indemnification of
the City from liability for damages or injuries to third persons or property arising from
Subdivider/Developer's performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one
year after final acceptance of the work performed under this Agreement, any structure or
part of any structure furnished and/or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill
any of the requirements of this Agreement or the Specifications referred to herein,
Subdivider shall, without delay and without any cost to City, repair or replace or
reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should Subdivider fail to act promptly or in accordance with this requirement,
or should the exigencies of the situation as determined by the City in the exercise of its
sole discretion require repair, replacement or reconstruction before the Subdivider can be
notified, City may, at its option, make the necessary repairs or replacements or perform
the necessary work, and Subdivider shall pay to the City the actual cost of such repairs
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plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with
the performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs
of all permit fees for all engineering inspections and other services connected with the
City in regard to the subdivision. Said fees shall be paid prior to commencing any
construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure
its completion within the time specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or
if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees,
should violate any of the provisions of this Agreement, City Engineer or City Council
may serve written notice upon Subdivider and subdivider's surety of breach of this
Agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement Performance by Surety or City. In the event of any
such notice, Subdivider's surety shall have the duty to take over and complete the work
and the improvement herein specified; provided, however, that if the surety, within five
days after the serving upon of such notice of breach, does not give City written notice of
its intention to take over the performance of the contract, and does not commence
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performance thereof within five days after notice to City of such election, City may take
over the work and prosecute the same to completion, by contract or by any other method
City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any excess cost or damages occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of the work and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North"D" Street
San Bernardino, CA 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park Promenade & Shops, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
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
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and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
SUBDIVIDER
UNIVERSITY PARK PROMENADE & SHOPS, LLC
By: ,
Name/Ti e: _ft4 ► IC)A-4 ,c,(✓
Z
CITY OF SAN BERNARDINO
By:
Allen J. Parker, City Manager
ATTEST:
Georgeann Hanna, City Clerk
Approved as to form:
Gary D. Saenz
City Attorney
By: _ .4'C Ccut '.
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the
corporate name and signed by the President or a Vice-President and the Secretary or
Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners. If the subdivider is an individual doing business under a
fictitious name, it must be signed by all persons having an interest in the business, and the
fictitious name must be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 20 , bee me, the
undersigned, a Notary Public in and for said County an. "tate, personally
appeared
personally know to me (or proved to me on the b" 's of satisfactory evidence) to be the
President, and personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
of t. corporation that executed the within instrument, and
know to me to be the pers. s who executed the within instrument on behalf of the
corporation therein na -•, and acknowledged to me that such corporation executed the
same, pursuant to i . •y-laws, or a resolution of its Board of Directors.
WITNESS m and and official seal.
Notary Signature (This area for official seal.)
C�„Q_-rV• cctk-Q ctAh. 1�lk)13
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS
County of Orange
On Ce.rr\Q,f Li t 20i 3 Before me,Janice Wall, Notary Public,personally appeared
Tu • t.- Uc,,�cSc is ,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�r
WITNESS my hand and official seal. AI+NCE WALL
y Y, Commission 412035557
1" °; Notary Public-California
'r:ii," Orange County
M Comm.Ex ices 29,2017
Signature 1 9 l-U r
Wall-commission expires Aug 29,2017 Place Notary seal Above
OPTIONAL
Description of Attached document
Title or Type of Document: Pk-r�f.e.i x.),,y, --SkA\a w 6∎on �pq•cGJ.LEYv ln's
Document Date: Otk.t.* L'1\-2.A1-5 Number of Pages: 1 ki
Signers(s) other than Named Above: P's 11-e.n -S QfAt1i-eJ! Utcr(At4,f\I\ nrc,■
Capacity Claimed by Signer
Signer's name: -SOL l(W 5R-, Wt;1/4. So IN
X Individual _/
MO\Tmkep Av.Signer is Representing: U\■).Q,f 5,A1,1 1 Q\t K- Y,CUiNN{ L- 44 S ) 1.1-c--
2013-346
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EXECUTED IN TRiPUCATE
SUBDIVISION MONUMENT BOND
Bonding Company Lexon Insurance Company TRACT NO 17703-2 i p PARCEL MAP NO 12890 Lebanon Road .
City Mt.Juliet,TN 37122 BOND NO 1082703____
PREMIUM $300.00/Annually
KNOW Ai..SY THESE PRESENTS
University.Parks Promenade&Shops,LLC . ,8ubdPdlder,as Principal, •
and That Luzon insurance L`ompany
ICor atkiri,as Surer,are herby)olntty and severally bound to pay to the City of an Bernardino sum of
housand Two undred Fifty and no1100 Dollarss$3 210.00)
r. •
The condition of this obligation Is that whereas the Subdivider, as a condition of the filing of the final
subdivision map of(tract, PM) 17703 2 entered into an agreement with said City to set
Sway Monuments end Tie Points In said tract and furnish Tie Notes therefor and fA pay the engineer or
surveyor performing tha work,in full,within 30 days after completion
NOW,THEREFORE,ff the subdivider shall well and truly perform said agreement during the origbterm
thereof or of any extension of said term that maybe granted by the Board of Supetvisons of the Cltyr of San
Bernardino with or without notice to the Surety,this obligation shell be void,otherwise it shall remain in Ml
force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,time shall be
included costs and reasonable expenses end fees,including reasonable attorney's fees,lectured by City+in
successfully enforcing such obligation all to be taxed as costs and Included In any Judgment rendered
The Surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement cc'to the work to be performed thereunder or the specifications aocorrpanyirg The same
shall In anywise affect Rs obligations on this bond, end it does.hereby valve 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 •
Dated December 5,2013
Name of Principal University Parks Promenade&Shops,LLC
horizedSignature(s By 4/
Au t .A • ' l A "
• 'rlge(s)
4k...L i I � r '
(It Corporation,Affix ==)
Name of sleety Le on Insure • pan '
Authorized Signature : i��!% w 10 ' .
'nom Attorney-In-Fact, t roe
(Affix Corporate Seal) Ily
2013-346
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CALIFORNIA ALL PURPOSE ACKNOWLEDEGMENT
•
•
STATE OF CALIFORNIA
COUNTY OF. ORANGE •
On, cl ' 1d.0!3 before me,
Jim Salaam,Notary Public
(here insert name and title of the officer)
, personally appeared U4.74t 3 4) [i}i'j5a 0.1
�� � • JIM SALAAM r
who proved to me on the basis of satisfactory evidence to be the person(i)whose COMM, :2001880 n
name( is►are'subscribed to the within instrument and acknowledged to me that • .i NOTARY pURIQICAUFORNIA
and that by V a '
hefeheRht3y executed the same in hisltwrlf«aeir authorized capacity►(ir+�, Y lD � Te 20fl �
on the instrument the person(p),or the entity upon behalf of �r=;=,,.,'f MY ExP•
hislharRhair signature(ttf l� (ail .
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.
WITNESS my hand an• •;rci- eal
Signature • ® / • glis ma foreh6dd florid Man
•
•
Optional
Though the information below is not required bylaw,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
•
r '
Title or Type of Document SW 05/0,4Y AIDA ?t" AJD
Document Date: S--‘( d--6/3
Number of Pages: / (Not including this page)
Signer(s) Other Than Named Above: •
2013-346
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County e Orange
DEC 0 5 2013
Or before me, Brianne Davis,Notary Public
nate.
Ii mbar halm argd Tea, UI
personally wowed Janina Monroe
E■tytwo,..,
who proved to me on the his of satistactory evidence tc
be the person wnose narneM islaxx subscribed to the
within inetsunient and eeirtnowledged to me that krAoknotecx
executed the same ir Oat:free/VW authorized capacyci.
and that by I0UneelbxxsighatJreml on the instrument the
pervinati„or the ertity upon behar of whim the persoriKi
BRIANNE DAVIS acted exectited the instrument
commission No. 2017152
certify under PENALTY OF PERJURY under the laws of
04) MT ORANGE COUNIY the Slate of Cal fornia that the foregoing paragraph is hue
- My Comm.(opine Alfa 1.2017 and coerce',
Witness my hand and othcal seat.
Signature LIUN-Q-AOCtitkl
P16:A.twt.1117 scrol...mt 1:"Nkficcol r'014(' Brianne Davis
OPTIONAL
Though the information below is not required by Saw k may prove vektabe to persons relyloo do the document
and couid dvent fraudulent rernoti4e1 and Felittettrnent of This torn' to another curve
Description of Attached Document
Title or Type aiDownert:
Document Date Number of Pages:
Signer(s)Other Than Named AbOVB
Capacty(ies) Claimed by Signer(s)
Signer's Name Signers Name
O Indivirtrial 0 Individual.
O Corporate Meer— 0 Corporate Oitter—
O Panne--0 Limited0 Genera 0 Penner—0 Limited 0 Genera
O Attorney Faz,"I 0 Attorney in Fact
O 'u .IFre 0 1,tratee
O Guardian or Conservator Top ol thumb here 0 Guardian or Conservator Top of them he
O Otte-. ID Other:
Srie-Is Represerning Signer Is Representing
vtim,riirwe kh:Pc at-ze-93,K,Ett MC:..P C..:"."FIZ NC?.coo&vatoloroorom "rm OW: Tow*,CA KM=.7soirc071
POWER OF ATTORNEY LX _ 1 16 4 4 6
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
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 or
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 LEXON
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 or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact,so appointed, may be removed for good cause and the authority so granted may be revoked
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 attorney
granted, and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September,2009.
LEXON INSURANCE COMPANY
I�� ANC ON
(z= TEXAS ."fl,
O � .,,-7/.7 5°....---_-,
X• INSURANCE z BY
.-s COMPANY c-, David E.Campbell
'h, ,, President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above
instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL" I
MAUREEN K.AYE t ,�� �_
Notary Public,State of Illinois
My Commission Expires 09/21/13 Maureen K.Aye
CERTIFICATE Notary Public
I,the undersigned,Assistant 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. DEC O 2Q1
Signed and Sealed at Woodridge, Illinois this Day of
�J ANCtiC'`�
r IA ti.� , / y
•
,(5-: TEXAS �-0�
INSURANCE OD
,
xi
COMPANY .�, Philip G.Lauer
•. ..
r 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:'
2013-346
EXECUTED IN TRIPLICATE
Lexon Insurance Company
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 1082703 effective December 5,2013 issued by
Lexon Insurance Company in the amount Three Thousand Two Hundred Fifty and 00/100
DOLLARS($3,250.00),on behalf of University Parks Promenade&Shops,LLC as Principal,and
in favor of the City of San Bernardino as Obligee:
NOW Therefore,it is agreed that the bond principal name has been amended:
FROM: University Parks Promenade&Shops,LLC
TO: University Park Promenade&Shops,LLC
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged and in full force and effect.
This rider is to be effective the 5th day of December,2013.
Signed,sealed and dated this 9th day of December, 2013.
Lexon Insurance Company
Surety
1 a Moniroe, / A orney-in-Fact
,/
2013-346
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Yailec7W/M7Mas=7:4=
STATE,OF CALFORNIA
county ai (Drage _
DEC 09 2013
On before ma, Brianne Davis,Notary Public
mita Hoti Iona inm irg1TE iat la) mu Cistbu
personarny appeared Janina Monroe
mimeo)of,SIg160;
who proved to me on the basis of Satisfactory evidence to
be the person(xli whose nenreVi isAneourdscribed to the
within ilnstrument and athnowleriped to me that lordo homxxx
- • IMANNEDAVIS
Commission No. 2917152 A executed The same in KX11,ah>D0 authorized capacityON
and that by Xx.:Inerftxixsignatereig't on the instrument the
person(x),or the entity upon behalf.of otleh the parsiorqx;
acted,executed the instrument.
I NOTARY PUSUCALIFORMA
certify under PENALTV OF PERJURY under the laws al
COUNTY Empires MK 1,2017 I
the Stale of California that tile foregoing paragraph is true
and correct
Witness my hand and official seat,
Signature
Nor Way/Sol newt 81063111/1"g"fY Brianne Davis
• OPTIONAL
Though the tntormetiOh baker ts not required bylaw Xt may prove vaidade lo persons retying on the document
alnd could prevent fraudulent mural/at and reattachment of This form to a/Tether document.
Description of At(adhod Document
Title or Type of Document:
Document DaLe Number of Pages: -
Signer(s)Other Than.Named Above
Capacity(les)Maimed by Signals)
Skiner's Name Signers Name:
• Individllai El individual
O Carporst •Officer—Title(s): 0 Cerwrote Weer—TItla(S)
O Partner—U Limited 1=I General Partner—El Limited ill general
• AtIorney k Fad 0 Atbxney in Flea
O Trustee Tiale8
O Guardian or Ocineenister TO of Omni:horn 0 Guardian or Oanaarvatcr "If*of thumb hers
O Offier: 1:1 Other:
Signer Is Ropreasidlng: Sbner Is Representing
r-ourzseet.amoctz--carc los; ,MMCWIA742=-,M704%.,eir,MfooderiMotncoeirLsr.4 Asw
c 1.or7 Rasonetimititiffissoci wan&UlArt,Do Solo M.,PQ 24 1.0 crauwankca.91313.11412 VONIV:hutrarairinary cog ern MD' IRWirtor,Chi relk.Firek innfa.010■7
2013-346
POWER OF ATTORNEY
LX - 1 I 64 b4
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky,does hereby constitute and appoint:
Janina Monroe,Dennis Langer,Paul Boucher, a: ** t•** •> .k
Timothy Noonan**********:r*********************1*********************4: **4, ******************4:***
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 or
othei 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 LEXON
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 or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies,contracts of indemnity
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
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 attorney
granted, and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached;
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September,2009.
_ -_ LEXON INSURANCE COMPANY
rt•••• "
( NthCE' j' �t BY
\L�' COMPANY
c David E.Campbell
• A- President
r~ ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL" { �/'� Z
MALREEN K.AYE �-41,' a.<: , h__ C� I Notary Public,State of Illinois c
My Commission Expires 09/21/13 Maureen K.Aye
CERTIFICATE Notary Public
I, the undersigned,Assistant 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. DEC 0 9 2013
Signed and Sealed at Woodridge, Illinois this Day of •20
�,�)RANCF re
io :+ TEXAS ••'•0 --% L
xi INSURANCE 'Z, /
0-1.13\COMPANY 1.r�)
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."
LX1
2013-346
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this CA day of
P Carl)beY , 20 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
A. WHEREAS, Subdivider has presented to City for approval a final
subdivision map for condominium purposes(hereafter called "map") entitled Tract No.
17703-2; and,
B. WHEREAS, the map has been filed with the City for presentation to the
Mayor and Common Council (hereafter collectively called "Council") of the City for its
approval, which map is hereby referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets, highways or public
ways and public utility facilities which are a part of, or appurtenant to, the subdivision
(hereafter called "subdivision") designated in the map, all in accordance with, as required
by, the 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 City Engineer of the City; and,
D. WHEREAS, the Mayor and 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,
1
• 2013-346
E. WHEREAS, this Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 of the San Bernardino
Municipal Code.
NOW THEREFORE, for and in consideration of the approval of the map and of
the acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said
Subdivision Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be
done and performed, at Subdivider's own expense, in a good and workmanlike manner,
and furnish all required materials, all to the satisfaction of the City Engineer of City, the
work and improvements within (and/or without) the subdivision to complete the
improvements in accordance with the Plans and Specifications on file as hereinbefore
specified, or with any changes required or ordered by the City Engineer which, in his
opinion, are necessary or required to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to
be done at the places, of the materials, in the manner, and at the grades, all as shown upon
the Plans and Specifications therefor, heretofore approved by the City Engineer and
which are now on file in his office, and to the satisfaction of the City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the
time for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence — Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend
the time for completion of the improvements hereunder. Any such extension may be
2
2013-346
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
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of
replacement or repairs, of any and all property damaged or destroyed by reason of any
work done hereunder, whether such property be owned by the United States, or any
agency thereof, or the State of California, or any agency or political subdivision thereof,
or by the City, or by any public or private corporation, or by any person whomsoever, or
by any combination of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deposits — Statement. Subdivider shall file with the City Clerk,
prior to the commencement of any work to be performed within the area delineated on
the map, a written statement signed by Subdivider, and each public utility corporation
involved, to the effect that Subdivider has made all deposits legally required by such
public utility corporation for the connection of any and all public utilities to be supplied
by such public utility corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's
expense, obtain all necessary permits and licenses for the construction of such
improvements, give all necessary notices and pay all fees and taxes required by law.
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Subdivider shall comply with all applicable provisions of the Subdivision Map Act and
Title 19 of the 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 work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total
estimated cost of the improvement and acts to be performed as security for
the faithful performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost
of the improvements and acts to be performed as security for the payment
of all persons performing labor and furnishing materials in connection
with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total
estimated cost of the improvements and acts to be performed as security
for the guarantee and warranty of the work for a period of one (1) year
following the completion and acceptance thereof against any defective
work or labor done, or defective materials furnished.
4
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As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing the obligation secured. The type of security
furnished shall be in the form of bonds, deposits or letters of credit as
provided in Title 19 of the 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, and such insurance shall have been approved by the City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or subcontractor to
commence work on the 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
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case
any work is sublet, Subdivider shall require any contractor or
subcontractor similarly to provide Worker's Compensation Insurance and
Employer's Liability Insurance for all contractor's or subcontractor's
5
2013-346
employees, unless such employees are covered by the protection afforded
by Subdivider. In case any class of employees engaged in work under this
Agreement at the site of the project is not protected under any Worker's
Compensation Law, Subdivider shall provide, and shall cause each
contractor and subcontractor to provide, adequate insurance for the
protection of employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from failure of either
Subdivider or any contractor or subcontractor to take out or maintain such
insurance.
(b) Public 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, commissions, officers, agents and employees,
Subdivider and any contractor or subcontractor performing work covered
by this Agreement from claims for damages for personal injury, (as
defined hereunder), including death, as well as from claims for property
damage or product liability which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or subcontractor, or by
anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
6
• 2013-346
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to any one person, and, subject to the same limit for each
person, in an amount not less than One Million Dollars
($1,000,000.00) on account of any one occurrence; Product
Liability Insurance coverage should be part of the Public Liability
Insurance;
(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 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
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2013-346
and shall comply with the same insurance provisions as the
contractor(s) and subdivider(s).
(4) Personal Injury — Defined. As used herein, the term "personal
injury" shall be defined as a hurt or damage to one's person
including, without limitation, damage to health, cuts, bruises,
broken limbs and/or bones, or the like, disabilities or impairments,
including aggravation of existing injuries, or invasion of personal
rights, including libel or slander, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance
required, and evidence that City is named and endorsed on the policy as an additional
insured. Subdivider and contractor shall also provide City with evidence that each carrier
will be required to give City at least ten (10) days prior written notice of the cancellation
or reduction in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree
to and shall protect, defend, indemnify and hold the City and its elective and appointive
boards, commissions, officers, agents, employees and servants free and harmless from
any and all liability losses, damages, claims, liens, demands and causes of action of every
kind and character including, but not limited to, the amounts of judgments, penalties,
interests, court costs, attorney's/legal fees, and all other expenses incurred by the City
arising in favor of any party, including claims, liens, debts, demands for lost wages or
compensation, personal injuries, including employees of the City, death or damages to
8
2013-346
property (including property of the City) and without limitation by enumeration, all other
claims or demands of every character occurring or in any way incident to, in connection
with or arising directly or indirectly, (including from the negligent performance by its
officers, employees, agents) from the terms of this Agreement, whether such
operations/incidents are caused by contractor, Subdivider or any of
contractor/Subdivider's subcontractors, contractors or by 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 claim,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or
claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend
City, its appointive boards, commissions, officers, agents and employees from any suits
or actions at law or in equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider
which it may have by reason of the aforesaid hold harmless agreement,
because of the acceptance by City, or by deposit with City by Subdivider,
of any of the insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations referred
to in this paragraph, regardless of whether or not City has prepared,
supplied or approved of Plans and/or Specifications for the subdivision, or
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2013-346
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for
damages.
This provision is not intended to create any cause of action in favor of any third party
against Subdivider/Developer or the City or to enlarge in any way the
Subdivider's/Developer's liability but is intended solely to provide for indemnification of
the City from liability for damages or injuries to third persons or property arising from
Subdivider/Developer's performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one
year after final acceptance of the work performed under this Agreement, any structure or
part of any structure furnished and/or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill
any of the requirements of this Agreement or the Specifications referred to herein,
Subdivider shall, without delay and without any cost to City, repair or replace or
reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should Subdivider fail to act promptly or in accordance with this requirement,
or should the exigencies of the situation as determined by the City in the exercise of its
sole discretion require repair, replacement or reconstruction before the Subdivider can be
notified, City may, at its option, make the necessary repairs or replacements or perform
the necessary work, and Subdivider shall pay to the City the actual cost of such repairs
10
2013-346
••
plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with
the performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs
of all permit fees for all engineering inspections and other services connected with the
City in regard to the subdivision. Said fees shall be paid prior to commencing any
construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure
its completion within the time specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or
if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees,
should violate any of the provisions of this Agreement, City Engineer or City Council
may serve written notice upon Subdivider and subdivider's surety of breach of this
Agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any
such notice, Subdivider's surety shall have the duty to take over and complete the work
and the improvement herein specified; provided, however, that if the surety, within five
days after the serving upon of such notice of breach, does not give City written notice of
its intention to take over the performance of the contract, and does not commence
11
2013-346
• performance thereof within five days after notice to City of such election, City may take
over the work and prosecute the same to completion, by contract or by any other method
City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any excess cost or damages occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of the work and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, CA 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park Promenade & Shops, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
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
12
2013-346
and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
SUBDIVIDER
UNIVERSITY PARK PROMENADE & SHOPS, LLC
/ '
By:
Name/Ti e: ffr4 h. /5.,5 Wes', 1 )/4-4- c....11 l
CITY OF SAN BERNARDINO
By: � —
Allen . Parker, City Manager
ATTEST:
.272 -t✓ '�/ '
Georgea 1 anna,Ci,flerk
Approved as to form:
Gary D. Saenz
City Attorney
By: _ J/\ Gut.,'
13
2013-346
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the
corporate name and signed by the President or a Vice-President and the Secretary or
Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners. If the subdivider is an individual doing business under a
fictitious name, it must be signed by all persons having an interest in the business, and the
fictitious name must be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 20 , bee me, the
undersigned, a Notary Public in and for said County an. "tate, personally
appeared
personally know to me (or proved to me on the b• 's of satisfactory evidence) to be the
President, and personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
of t. corporation that executed the within instrument, and
know to me to be the pers. s who executed the within instrument on behalf of the
corporation therein na '., and acknowledged to me that such corporation executed the
same, pursuant to i . •y-laws, or a resolution of its Board of Directors.
WITNESS m and and official seal.
Notary Signature (This area for official seal.)
ra , to\-Q. \\IA/c )kI►3
cn-
14
2013-346
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS
County of Orange
On Ce.m',J Lit 20i 3 Before me,Janice Wall, Notary Public,personally appeared
Swrr\ts R '. )cAN o n ,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.
WITNESS my hand and official seal. - JANICE WALL
fir'_ Conwnission# 2035557
557
<aV* f? Notary Public-California z
fir,: / Orange County >
c
M Comm.Ex his A 29,2017
Signature 0■) KS L-kJ .j1
Wall-commission expires Aug 29,2017 Place Notary seal Above
OPTIONAL
Description of Attached document
Title or Type of Document: KflrLi e,„e —S A.\NI.S∎on 'n.?.ccJ lcs
Document Date: Qe.k...t.r,.\ e.< LA(2_03 Number of Pages: \
Signers(s) other than Named Above: R1Ve-n S 20,(\Lei i b .orcictirri. l iM\C.
Capacity Claimed by Signer
Signer's name: Grv\5R, WcA r
X Individual `Al /
Signer is Representing: �YO\■/.11.t e,s -c t 10∎(`�- r CO o(A-1- 44 S�c) S ) I-Lc--
2013-346
• •
EKECU'1 D IN TRiPUCATE
SUBDIVISION MONUMENT BOND
Bondi Com n Lexon Insurance Company TRACT NO 17703-2
pay PARCEL MAP NO
Address 12890 Lebanon Road
City Mt.Juliet,TN 37122 BOND NO 108270 ,
PREMIUM $300.00/Annually
KNOW ALL BY THESE PRESENTS .
University.Parks Promenade&Shops,LLC ,Subdivder,as Principal, •
That—i axon insurance bompany
and A C omEirt,as Surety,are herby)olntly and severally bound to pay to the City o0san Bernardino sum of
Thre€Thousand Two Hundred Fifty and r1o(100 Dollars •3,210.00)
The condition of this obiigatiion is that whereas the Subdivider, as a condition of the filing of the final
subdivision map of(rract, PM) 17703-.2 , entered into an agreement with said City to set
Sway Monuments and Ile Points In said tract and furnish Tie Notes therefor and 16 pay the engineer or
surveyor performing the work,in full,within 30 days afler completion
NOW,THEREFORE,1 the subdivider shall well and truly perform said agreement during the Wein*temt
thereof or of arty extension of said term that maybe granted by the Board of Supervision;of the City of San
Bernardino with or without notice to the Surety,this obligation sheii be void,otherwise k shall remain in full
fours and effect.
As part of the obligation usecwed hereby and In addition to the face amount specified therefor,there shall be
Included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by City in
successfully enforcing such obligation all to be taxed as costs and included In any judgment rendered
The Surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the same
shall in anywise affect its obligations on this bond, and It does•hereby waive notice of any such change,
extension of time,alteration or addition to the terms'of the agreement or to the work or to the specifications
Dated December 5,2013
Name of Principal University Parks Promenade&Shops,LLC
•
Authorized Signatire(s By 9J..
• Title(s)
(It Corporation,Affix =:) ✓
Name ofsibyl Le on Insuran • pan
Authorized Signature ;
Tgb, Attorney-In-Fact, • roe
Corporate Seal)
2013-346
•
CALIFORNIA ALL PURPOSE ACKNOWLEDEGMENT
•
STATE OF CALIFORNIA
COUNTY OF ORANGE
On / ,d.0!3 before me,
•
Jim Balaam,Notary Public
(here insert name and titllee�of the officer)
, personally appeared 0 t lQ 4)475alki
r•r' JIM SALAAM
who proved to me on the basis of satisfactory evidence to be the person(i)whose m COMM,.:2001880
names islane-subscribed to the within instrument and acknowledged to me that i" . n
and that by U ".�`'�" ��,;� NOTARY PUBLIaCAIIFORNIA —t
helehe thfy executed the same in hislheMheir authorized capacity(le , y m ORANGE COUNTY GJ
on the instrument the rso or the entity upon behalf of �_;;, tdy Term Exp.Jan.19,2017
hislhrapkFceir signature(>rtf pe n(�1� by uP
which the person(ti)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.
WITNESS my hand an. •: ci= eal
Signature 14111110. 01°x'^°
r urand omd)
.
•
•
b
Optional •
Though the information below is not requited bylaw,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
•
r '
Title or Type of Document s 'DA I SideU,1fliurJA'1 O
Document Date: ut. S I( �-6/3
Number of Pages: / (Not including this page)
Signer(s) Other Than Named Above:
•
• 2013-346
. -
CALIFORNIA ALL-PLIRPOSE ACKNOWLEDGMENT
1-44.1Z- --6CrifiC•46A.'w,craz7564 -4_ .fc- ,P,t,Ir--A::tret,c,oh;;;rzotzxg'sr_;i.t'soee.-;t,; eziv:.ie2.5oCnezf°5Tja<; -k-t4',- :
STATE OF CALIFORNIA
County o' Orange
DEC 05 2013
Or before me, Brianne Davis,Notary Public
nmc iveta inr,arNalla and Top cr
personeRy appeared Janina Monroe
who proved to me on tie ba5is Pt satisiamory wider ?.tc
be the personK.whose name%) isixxx subscribed :o tie
withir instrument and acknowledged to rrte that Xxosneetea
executed the same in KItirer authorized capacitytem
and Mat by toViertxxx signatireix:-on the instrument the
pergrn .or the entity upon behalf ol whim the person
BRIANNE DAVIS acted executed the nstnJmerit
commission No. 2017152 I
Nowa eisueommotosA I certify under PENALTY OF PERJURY under the laws of
oRANGE COUNTY tree State of Cal fornia that the foregoing paragraph is true
,,177 my comm.Woes KONA 2017 and oofrect
Witness my hand.ar off ic4 seat.
Signature
''{crA•ko.11,117:Ansi WOO 541,1"*.t.M rogn r'orAu Brianne Davis
OPTIONAL
Though the information beiow not required by Sow o't may prove vakite to persons relkno an the document
and couid prevent fratidoieni rtemovef arrJ meMeohme.rit of this tom anott?er,,,10-ournrrt
Description of Attached Document
Title or Type of Docunent:
Document Date Number of Pages:
Stgner(s)Other Than Named Above
Capacityfies)Claimed by Signer(s)
Signers Name Signer's Name.
O lirinnrCal 0 Individual
O Corporal*Officer—TidalSt(
0 Corporate Oitoer—
0 Parole,.—0 Limited 0 Genera 0 Panne,—0 Limited 0 Genera
O Attorney ir Fa= 0 Attorney a-
Facz
O -71.Li gee 0 irWitee
O Guardian or Conservator Tap° thin*here 0 Guardian or Conservator Top of tai here
O Other. 0 Other:
Srgrie'Is Represeming Stoner Is Representing
.‘1,7=44,.4,:004X40-XX>C4i0rieZ. 7.=COCkiekTairvaoq-c,c
atcr Ninzoo,vna-7 kmc 71,...-93,K. $,Cin,0.4e..P3 S'Y 245 OW &' terwe..4.2,~407,ry ^km OW: Th.a—it,C.At .Frpo ki0 4.7,7&077
POWER OF ATTORNEY LX _ 1 16446
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky,does hereby constitute and appoint: Janina Monroe, Dennis Lanier,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 or
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 LEXON
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 or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
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 attorney
granted, and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
LEXON INSURANCE COMPANY
AN -
0: TEXAS .' \11 (2, "
D
X: INSURANCE Z
> BY
COMPANY ;.�,
s David E.Campbell
ti r i
ti•. President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above
instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K.AYE t ,�-
Notary Public,State of Illinois
My Commission Expires 09/21/13 Maureen K.Aye
CERTIFICATE Notary Public
I,the undersigned,Assistant 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. DEC 0 2Q1
Signed and Sealed at Woodridge, Illinois this Day of
, .; .. ... ...A �, ■ I •
TEXAS 2,-a
Xt INSURANCE :It'1
Ws COMPANY . r
• , Philip G.Lauer
�.. •.•.a'� 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:'
2013-346
•EXECUTED IN TRIPLICATE
Lexon Insurance Company
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 1082703 effective December 5,2013 issued by
Lexon Insurance Company in the amount Three Thousand Two Hundred Fifty and 00/100
DOLLARS($3,250.00),on behalf of University Parks Promenade&Shops,LLC as Principal,and
in favor of the City of San Bernardino as Obligee:
NOW Therefore,it is agreed that the bond principal name has been amended: -
FROM: University Parks Promenade&Shops,LLC
TO: University Park Promenade&Shops,LLC
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged and in full force and effect.
This rider is to be effective the 5 day of December,2013.
Signed,sealed and dated this 91 day of December, 2013.
Lexon Insurance Company
Surety
f/j
Jar}6Mo oe, V Attorney-in-Fact
• 2013-346
ALIFOR"Sw NIA
,A• LL iPiMV URP E ACKNOWLEDGMENT
: i05 4t4 : ACZO =
01.A ire W�Su' '• . ,..c o
STATE OF CALIFORNIA
`+ un 'tlil Orange __n
DEC 0 9 2013 Brianne Davis, Notary Public
In before me, --- - ---
Data HasaLIMO iihniu,nnl){1 rio11*Ai iniimg
persanalltyappeared Janina Monroe
t9diNO)ifSlyailig
,
who proved to me on the basis of satisfactory evidence to
be the persor0 whose name( ) I:stocsubsaribed to the
within instrument and adinowledoed to me th attailyn
executed the same In i00,,ee>D0 3Lithorind acity,*
1 and that by D(it7erlk sIt]triaturetx)on the Instrument the
I unIIANNE. 2017152 ers�ar� or the entity upon on batten of which the er m, i
w"V1` Commission No 2017152 A acted,,executed the instrument.
ti NOTARY vueUC Ci&ianMu
'. ' mow COUNTY
II certify under PENALTY' 7'F PERJURY ulder the laws of
My Comm L MNL 1,�otr :
the State of California ghat the foregoing paragraph Is true
and oorra of
Witness vriy hand and official seals,
Signature .1tiA2l.s'-t"-I'-')CLI,
Pa Novoi SiWUWAtom 81011811l ')t i .N'x''lle Brianne Davis
OPTIONAL
Though the liatormat on bahav is not regf tred bylaw,Homy wove via ivaL'be!o persons retrying on the da rtinem
aint1 ,ot,prevent fraudulentrenw%'et and reattachment of Ns(form to arrotfier do.umet,
Description of Attached Document
Title or Type of D!ooument:
Document Date: Number of Pages: _
Sigaier(:s}Other Than Named Above
capacHty(Iles)Maimed:by'Signs)
Signer's Marne:. Sigrner"s Name:
❑ Individual ❑ Individual
❑ earwigs O+nkel—Tttle(s): ❑ Corporate Mar—Tiftle(s):
❑ Partner—❑Limited❑General ❑ Fanner—❑Limited❑r3,enerei
❑ Attirney in Fad ❑ Atbrnory In Fats!
❑ TirU5t ❑ Trustee -
❑ Guardian ar.Coneenlater bp Of tun*here ❑ Guesdlasu or Cansono for 14 of thumb hose
❑ Other•:. ❑ Other:
Signer is R'efireeeriting` tenor Is Representing
,VTG' "eiMO�'rN5rwwKKM�,. G! e�''ct' "s�L'aVv9iasefiXRCITZTRAKEMIDocerXp `c�ti_ csvisT,e�
0 2L117 sirs;aada Wog A.sscn�oaano UM Da a^alia Ava.,P..QOG.Y 2404 tli cinA,.04.91313•24n■wrrn.9911rnna.r8rdry`Dr4p man*ROT rikatrisr CM TrkFnst 1.i0r,A,Yi.ER?,
2013.-346
POWER OF ATTORNEY
LX - 1 1 6 5
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky,does hereby constitute and appoint:
Janina Monroe,Dennis Langer,Paul Boucher, ** ****4-;f
TimothyNoonan4- ******* t** **: ************ :**4**k**********t*****: *“***************************
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 or
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 LEXON
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 or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies,contracts of indemnity
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars,which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
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 attorney
granted, and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed end sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached;
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September,2009.
LEXON INSURANCE COMPANY
f O, TEXAS D /� 1
>(? INSURANCE :Z� v
\-0: COMPANY BY
;f David E.Campbell
I President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MALREEN K.AYE /Y.)/ CLA,,"k,, CtL" \
Notary Public,State of Illinois
My Commission Expires 09/21/13
L Maureen K.Aye
CERTIFICATE Notary Public
I, the undersigned,Assistant 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. DEC 0 9 2013
Signed and Sealed at Woodridge, Illinois this Day of ,20
A Ir •
; TEXAS •.0■/ �/
Y X
• INSURANCE P Z
\��t COMPANY
.,• A' 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."
LX1