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HomeMy WebLinkAbout05.G- Community Development RESOLUTION (ID #2746) DOC ID: 2746 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Tony Stewart M/CC Meeting Date: 12/02/2013 Prepared by: Laura Weidemann, (909) 384- 5057 Dept: Community Development Ward(s): 5 Subject: Resolution Approving Standard Form of Agreement for Subdivision Tract No. 17716 (Lots 1 through 39) Located on the East Side of Pine Avenue Between Belmont Avenue and Ohio Street, with Time of Performance Specified, and Authorizing Release of Pine Trails Partners, LLC from Terms of Standard Form of Agreement for Subdivision Tract No. 17716 (Lots 1 through 39) as Approved by Resolution No. 2012-231, Dated September 06, 2012. (#2746) Current Business Registration Certificate: Not Applicable Financial Impact: There is no financial impact to the City. Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: September 4, 2012 -Resolution No. 2012-231 adopted approving Final Map for Subdivision Tract No. 17716. Background: On January 24, 2006, the Planning Commission approved Tentative Tract No. 17716 for a subdivision map with 39 residential lots (Subdivision No. 05-32). The original expiration date was January 24, 2008. An Extension of Time(EOT 07-15) was filed extending the expiration date to January 24, 2009. The passage of a series of State and Assembly Bills (SB1185, AB333, AB208 and A131 16) has extended the current expiration date to January 24, 2016. On September 04, 2012, the Mayor and Common Council approved the Final Map of Tract No. 17716 and approved Standard Form of Agreement for Subdivision Tract 17716 (Lots 1 through 39) with Pine Trails Partners, LLC acting as the Subdivider. Subsequent to the approval of the Tentative Tract Map,the developer, Pine Trails Partners, LLC (Watson&Associates)has requested that it be relieved of its obligations under terms of the Standard Form Agreement for Subdivision Tract No. 17716 (Lots 1 through 39) and that its bonds be released. In exchange, Frontier Communities, LLC has agreed to enter into a Standard Form of Agreement for Subdivision Tract No.17716 (Lots 1 through 39) and post bonds to Updated: 11/26/2013 by Jolena E. Grider D 2746 guarantee compliance with the terms and conditions of the Agreement. Attached is the Standard Form of Agreement for Subdivision Tract No. 17716 (Lots 1 through 39) executed by Frontier Communities, LLC, including the required faithful performance bond, labor and materials bond, monument bond and the certificate of insurance, naming the City of San Bernardino as additional insured for the project. The bonds are issued by INSCO Insurance Service, Inc. which has an A.M. Best rating of A-, which meets the requirements of the Development Code. City Attorney Review: Supporting Documents: reso 2746 (2) (PDF) agrmt 2746 (PDF) location map zoning (DOCX) Maintenance Bond (PDF) Subdivision Improvement Labor and Material Bond(PDF) Subdivision Improvement Performance Bond (PDF) Monumentation Bond for Subdivisions (PDF) Updated: 11/26/2013 by Jolena E. Grider D Packet Pg. 140 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE STANDARD FORM OF AGREEMENT FOR 4 SUBDIVISION TRACT NO. 17716 (LOTS 1 THROUGH 39) LOCATED ON THE 5 EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO STREET WITH FH II, LLC DBA FRONTIER COMMUNITIES, LLC, WITH TIME 6 OF PERFORMANCE SPECIFIED,AND AUTHORIZING RELEASE OF PINE TRAIL co PARTNERS, LLC FROM THE AGREEMENT FOR SUBDIVISION TRACT NO. ti 7 17716 (LOTS 1 THROUGH 39)APPROVED BY RESOLUTION NO. 2012-231 DATED 8 SEPTEMBER 6,2012. _ 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE N 10 CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. The City Manager is authorized and directed to execute the standard Cn 0 12 form of Subdivision improvements Agreement adopted by Resolution No. 90-427 with FH II, 13 m LLC dba Frontier Communities LLC., attached and incorporated herein as Exhibit A, for a 14 = 15 improvements in Subdivision Tract No. 17716 (Lots 1 through 39 of Tentative Tract No. 3 16 17716) as are required by Title 19 of the San Bernardino Municipal Code and the California Cn 17 Subdivision Map Act. The time for performance is specified at 24 months. Said improvements 18 are specifically described and shown on Drawings approved and on file in the Community N 19 Development Department. 20 N N 21 SECTION 2. The standard form of agreement for Subdivision Tract No. 17716 °-' 22 approved by Resolution No. 2012-231 dated September 6, 2012,with Pine Trails LLC is hereby 23 terminated by mutual consent of the City and Pine Trails, LLC; and the Subdivision Q 24 25 Improvement Bonds for Tract No. 17716 previously submitted by Pine Trails LLC are hereby 26 released. The City Clerk shall certify the approval and acceptance of the Mayor and Common 27 Council as set forth in this Resolution. 28 l Packet Pg. 141 kno, 1 SECTION 3. This authorization to execute the Agreement is rescinded,if the parties to 2 the Agreement fail to execute it within sixty(60) days of the passage of this Resolution. 3 4 5 6 ti 7 ti .r v 8 F- 9 _o N 10 7 11 0 w 12 = _ m 13 a� 14 Q 0 15 16 3 U) 17 cc ti 18 N 19 v ti 20 N O N 21 C 22 4) E 23 Q 24 25 26 27 28 2 Packet Pg: 142 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE STANDARD FORM OF AGREEMENT FOR 2 SUBDIVISION TRACT NO. 17716 (LOTS 1 THROUGH 39) LOCATED ON THE EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO STREET WITH FH II, 3 LLC DBA FRONTIER COMMUNITIES, LLC, WITH TIME OF PERFORMANCE 4 SPECIFIED, AND AUTHORIZING RELEASE OF PINE TRAIL PARTNERS, LLC FROM THE AGREEMENT FOR SUBDIVISION TRACT NO. 17716 (LOTS 1 THROUGH 39) 5 APPROVED BY RESOLUTION NO. 2012-231 DATED SEPTEMBER 6,2012. 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on L the day of ,2013, by the following vote,to wit: o 9 2 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ in L O 12 JENKINS a� 13 VALDIVIA E d L 14 SHORETT a VACANT 0 15 JOHNSON w 16 n MULVIHILL Cn 17 ti 18 19 Georgeann Hanna, City Clerk 20 N N 21 The foregoing resolution is hereby approved this day of ,2013. L c m 22 E s 23 Patrick J. Morris, Mayor a 24 City of San Bernardino Approved as to form: 25 Gary D. Saenz, 26 City Attorney 27 By: '" _L-."- 28 3 Packet Pg:'143 AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of , 20_11 by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as "City," and FH II, LLC dba Frontier Communities LLC, hereinafter referred to as"Subdivider." ti RECITALS L A. WHEREAS, on September 4, 2012, the Mayor and Council of the City y approved the Final Map for Tract Map 17716 (hereinafter called "map")and the Standard U) Form Subdivision Improvements Agreement with Pine Trails Partners LLC, the original ° subdivider; and, d a� L B. WHEREAS, Pine Trails Partners LLC has conveyed its interest in Tract a _ 0 17716 to Subdivider, and Pine Trails Partners LLC requests that the City release it from r H its Subdivision Improvements Agreement; and, Cn C. WHEREAS, Subdivider has requested City approval of this Subdivision N Improvements Agreement (hereinafter called "Agreement") prior to the construction and N completion of improvements, including all streets, highways or public ways and public E 0 M utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called a� E "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside a the limits of subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, D. WHEREAS, the Mayor and Council has approved said map and accepted 1 Packet Pg. I" 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 of the San Bernardino Municipal Code. NOW THEREFORE, for and in consideration of the approval of the map and of r the acceptance of the dedications, or some thereof, therein offered and in order to insure c satisfactory performance by Subdivider of Subdivider's obligations under said N 2 Subdivision Map Act and said Ordinance,the parties agree as follows: L 1. Performance of Work. Subdivider will do and perform, or cause to be 0 d done and performed, at Subdivider's own expense, in a good and workmanlike manner, L and furnish all required materials, all to the satisfaction of the City Engineer of City, the = 0 work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore rn c� specified, or with any changes required or ordered by the City Engineer which, in his ��,, to opinion, are necessary or required to complete the work. ti N 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to ca be done at the places, of the materials, in the manner,and at the grades, all as shown upon E the Plans and Specifications therefor, heretofore approved by the City Engineer and w a 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; 2 [Packet 0 g 145 provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. ti T Z V 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 y a which have been destroyed or damaged, and Subdivider shall replace, or have replaced, L repair, or have repaired, as the case may be, or pay to the owner the entire cost of w d replacement or repairs, of any and all property damaged or destroyed by reason of any L work done hereunder, whether such property be owned by the United States, or any = 0 agency thereof, or the State of California, or any agency or political subdivision thereof, y or by the City, or by any public or private corporation, or by any person whomsoever, or in c� by any combination of such owners. Any such repair or replacement shall be to the ti N satisfaction, and subject to the approval, of the City Engineer. ti N r 6. Utility Deposits — Statement. Subdivider shall file with the City Clerk, E M �o prior to the commencement of any work to be performed within the area delineated on E the map, a written statement signed by Subdivider, and each public utility corporation w w Q 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 3 Packet-ft.- 146 S.G.b expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Munici-Pal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or r superintendent, satisfactory to the City Engineer on the work at all times during progress, c 0 with authority to act for Subdivider. y 2 9. Inspection by City. Subdivider shall at all times maintain proper facilities L 0 and provide safe access for inspection by City to all parts of the work and to the shops a� wherein the work is in preparation. L 10. Contract Security. Concurrently with the execution hereof, Subdivider c 0 shall furnish to City improvement security as follows: N (a) An amount equal to at least one hundred percent (100%) of the total N estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; N r (b) An amount equal to at least fifty percent (50%) of the total estimated cost E, r of the improvements and acts to be performed as security for the payment s of all persons performing labor and furnishing materials in connection a 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 4 Packet Pg. 147 f,5.G`:la following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as F c 0 provided in Title 19 San Bernardino Municipal Code, and the type shall be N at the option of and subject to the approval of the City Engineer and the n L City Attorney. w c as 1.1. Subdivider's Insurance. Subdivider shall not commence work under this L a� Agreement until Subdivider shall have obtained all insurance required under this 0 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 Un commence work on the contract or subcontract until all similar insurance required of the N contractor or subcontractor shall have been so obtained and approved. All requirements N herein provided shall appear either in the body of the insurance E p pp y policies or as a, endorsements and shall specifically bind the insurance carrier. E (a) Worker's Compensation Insurance/Employer's Liability Insurance. w a 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 5 Packet Ji 146 n subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each r Z U contractor and subcontractor to provide, adequate insurance for the 0 protection of employees not otherwise protected. Subdivider shall N M indemnify City for any damage resulting to it from failure of either n L .0 Subdivider or any contractor or subcontractor to take out or maintain such �. c d insurance. d d L (b) Public Liability_and Property Damage Insurance. Subdivider shall take 0 out and maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and CO co appointive boards, commissions, officers, agents and employees, N c0 Subdivider and any contractor or subcontractor performing work covered N by this Agreement from claims for damages for personal injury, (as a, L R defined hereunder), including death, as well as from claims for property E damage or product liability which may arise from Subdivider's or any a 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 6 Packet Pg. 149' contractor or subcontractor, and the amounts of such insurance shall be as follows: (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 ti person, in an amount not less than One Million Dollars ($1,000,000.00) on account of any one occurrence; Product c 0 Liability Insurance coverage should be part of the Public Liability Insurance; Cn L 0 (2) Property.Damage Insurance. In an amount not less than One d E Million Dollars ($1,000,000.00) for damage to the property of each L person on account of any one occurrence. a 0 r In the event that any of the aforesaid insurance policies provided for in N this Paragraph 11 insures any entity, person, board or commission other rn than those mentioned in this paragraph, such policy shall contain a c0 standard form of cross-liability endorsement, insuring on such policy City, N E its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. a a (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, 7 Packet Pg.150 entitled"tail coverage"must be purchased to cover a period of one (1) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Iniury — Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person r including, without limitation, damage to health, cuts, bruises, c 0 broken limbs and/or bones, or the like, disabilities or impairments, A 2 including aggravation of existing injuries, or invasion of personal CO L O rights, including libel or slander, malicious prosecution, false d imprisonment and mental suffering. L 12. Evidence of Insurance. Subdivider and contractor shall furnish City, 0 concurrently with the execution hereof, with satisfactory evidence of the insurance y 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 N c� will be required to give City at least ten (10) days prior written notice of the cancellation N E or reduction in coverage of any policy during the effective period of this Agreement. 0 M 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree E to and shall protect, defend, indemnify and hold the City and its elective and appointive w w a boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses incurred by the City 8 Packet Pg.15l arising in favor of any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly, (including from the negligent performance by its officers, employees, agents) from the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of c 0 contractor/Subdivider's subcontractors, contractors or by any one or more persons �a directly or indirectly employed by or acting as agent for contractor, Subdivider, or any n L one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claim, L demand, or suit at the sole expense of the Subdivider/Developer even if the claim or c 0 claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend w City, its appointive boards, commissions, officers, agents and employees from any suits �? c� or actions at law or in equity for damages caused, or alleged to have been caused, by c� reason of any of the aforesaid operations,provided as follows: N w E (a) That City does not, and shall not, waive any rights against Subdivider a, which it may have by reason of the aforesaid hold harmless agreement, s because of the acceptance by City, or by deposit with City by Subdivider, a or 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 tow have been suffered, by reason of any of the aforesaid operations referred 9 --- Packet Pg. 152 to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party r against Subdivider/Developer or the City or to enlarge in any way the F c 0 Subdivider's/Developer's liability but is intended solely to provide for indemnification of N the City from liability for damage or injuries to third persons or property arising from L Subdivider/Developer's performance hereunder. c a� 14. Title to Improvements. Title to, and ownership of, all improvements L constructed hereunder by Subdivider shall vest absolutely in City, upon completion and = 0 acceptance of such improvements by City. Y N .0 15. Repair or Reconstruction of Defective Work. If, within a period of one in year after final acceptance of the work performed under this Agreement, any structure or N part of any structure furnished and/or installed or constructed, or caused to be installed or N w constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill a, L W any of the requirements of this Agreement or the Specifications referred to herein, E Subdivider shall, without delay and without any cost to City, repair or replace or w a 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 10 Packet Pg.953 notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent(15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of 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 c 0 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 in L construction. o w d E 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain L prosecution of the work, or any severable part thereof, with such diligence as will insure c its completion within the time specified, or any extensions thereof, or fails to obtain N 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 N creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or N E 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 a 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 (MO/ and the improvement herein specified; provided, however, that if the surety, within five Ii Packet Pg,134 days after the serving upon of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City V thereby; and, in such event. City, without liability for so doing, may take possession of, _ 0 and utilize in completing the work, such materials, appliances, plant and other property 2 �a belonging to Subdivider as may be on the site of the work and necessary therefor. N L 0 20, Notices. All notices herein.required shall be in writing, and delivered in d person or sent by registered mail,postage prepaid. L (a) Notices required to be given to City shall be addressed as follows: _ 0 City Manager r City Hall 300 North"D" Street CO San Bernardino, CA 92418 N (b) Notices required to be given to Subdivider shall be addressed as follows: to N M LL C Frontier Communities LLC N 8300 Utica Avenue, Suite 300 L Rancho Cucamonga CA 91730 as (c) Notices required to be given to surety of Subdivider shall be addressed as 0 follows: a Insco Dico Group 2001 East Financial Way Glendora CA 91741 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. 12 Packet,Pg.a I 21. Successors Bound. This Agreement shall he 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 on c� the day and year first above written. r Y LL r SUBDIVIDER F" 7=� �_C- o FRONTIER COMMUNITIES LLC By: O Y c Name/Title: E L O 3 CITY OF SAN BERNARDINO y Cn By' ti N Allen J.Parker, City Manager � ti N Y ATTEST: E 0 M c d E Georgeann Hanna, City Clerk Y a Approved as to form: Gary D. Saenz. City Attorney By: _ 6LLt, 13 Packet Pg. 156 ACKNOWLEDGMENT STATE OF CALIFORNIA } § County of 3.n On before me, �`�'i - �'T► a ky&t,G{ who proved to me on Notary Public,personally appeared i Cs the basis of satisfactory evidence to be the person( f whose name( is/ e subscribed to the within instrument and acknowledged to me that he7 VelttiCy executed the same in his/ &/Vir authorized•capacity(i�), and that by his/Vr/t1j4r signature(;sf)on the instrument th.e,person(A),or the entity upon behalf of which the person) acted,executed the instrument. a I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. i WITNESS my hand and official seal. G.LOVETr � w �• � c icommission# 1985218 i m a.i=ee Notary Public-California z E Z :P. � �� z tA% �� San Bernardino County d My Comm.Expires Jul 15,2fl18 Q Signature of Notary w 3 (Affix seal here) y Cn ti N �D t` N E M C d E S R w a SMRH:41I535262 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 r fictitious name must be signed also. The Agreement must be notarized. c 0 STATE OF CALIFORNIA ) y ss. COUNTY OF ) Cn .0 On this day of 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared L personally know to me (or proved to me on the basis of satisfactory evidence) to be the a c _ President, and personally known to me (or proved to me on the basis of satisfactory evidence) to be the w of the corporation that executed the within instrument, and know to me to be the persons who executed the within instrument on behalf of the Cn corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Directors. N WITNESS my hand and official seal. ti N r-+ E i C1 R Notary Signature (This area for official seal.) E a 14 Packet Pg.:1 518 i S.G.c ATTACHMENT A AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT. DP-P13-07 LOCATION MAP NORTH HEARING DATE: 10116113 r r 4r O - SAW oft out d ft m ? �, oak QtAk ` t? ' R�sidattk :.. #8fg LOW to N Project Site OAF' o �+ Alv r p -, Packet Pg. 159 .ti 5 G;d 4[ INSCO INSURANCE SERVICES, INC. inscsico Underwriting Manager for: o p�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200-Irvine,California 92614•(949)263-3300 MAINTENANCE BOND EXECUTED IN TRIPLICATE BOND NO.: 388663M Premium included in Performance Bond a to KNOW ALL MEN BY THESE PRESENTS: ti h r THAT we FH Ii,LLC as Principal, and Developers Surety and Indemnity Company a corporation organized and doing business under F and by virtue of the laws of the State of Iowa and duly licensed to conduct surety r_ business in the State of California,as Surety,are held and firmly bound unto ° .N City of San Bernardino v rn L O W as Obligee,in the sum of Twenty Six Thousand Eight Hundred Forty Three and 501100 E ($26,843.50 )Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. Q c 0 THE CONDITION OF THE OBLIGATION IS SUCH THAT: y N WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: to construct and complete the street improvements designated in the map for Tract No. 17716 in accordance with, cc and as required by,the Plans and Specifications. ti N M - C O WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described in therein for a period of one year following final acceptance of said improvements; co NOW,THEREFORE,if the above Principal shall indemnify the Obligee for all loss that Obligec may sustain by reason Q, of any defective materials or workmanship which become apparent during the period of one year from and after acceptance = of the said improvements by Obligee,then this obligation shall be void;otherwise to remain in full force and effect. 2 c IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact ca r this 25th day of November 2013 a YEAR FH{I, LLC Developer ety.and Inde nity Company Principal —/" BY: P,n . haker -in-Fact I0-1201(CA)(One Year Term)(REV.3/01) Packet Pg. 160 s, 5 5c, ACKNOWLEDGMENT STATE OF CALIFORNIA } County of.5"'^ 2eYYla lsrr�1 tRo ) bh ,before me, a t° On who proved to me on Notary Public,personally appeared thetasis of satisfactory:evidence to be the personl�dS whose name(, is/fie subscribed to the w within instrument and acknowledged to the that he/safeltVy executed the same in his/,er/tjIr L on the instrument the person(..), or authorized.capacityf ),-and that by liis/Y�r/th�ir signature} � o - the entity upon behalf of which the persons f`acted,executed the instrument. N I certify under PENALTY OF P.ER:IURY under the laws of the State of California that the co .foregoing paragraph is true and correct. `o WITNESS my hand and official seal. I LovETT Commission#1985218 d Notary Public-California z a) '0A a�,�p- z ;-i.� r San Bernardino County Q V w�-' My Comm.Expires Jul 15,2016 = Signature of Notary ° w (Affix seal here) C to v ti N C O ca d V C ca C d C 'co C d E 10 t ' V to r w . Q Lognmn 7197B sMRHA11535262 Packet Pg. 161171 5.G.d r •• POWER OF ATTORNEY FOR - - DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623(949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Charles P.Swan,Gerry Lewis,Andrew J.Shaker,Kristine L.Clearman,Jointly or severally*** as their he and lawful Attomey(s)•In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undeiiakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of r said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. r This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective boards of Directors of DEVELOPERS SURETY ti AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st;2008. r .r c� RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Mice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Aftorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; rn RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing suchfiacsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or conhact of suretyship to which It is attached. CO) L iN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by 4- their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. _ By .4 AND J t+ � d ti ,, Daniel Young,Senior Mice-President r yJ#�ogP Ottq j a ey'v �G pQPOgq . W OCT. !�$ Z � OCT,l3 � � 0 By. nt 1036 rya{ W 1987 0 regg N.0 rce-President Oy State of California County of Orange y On May 23,2013. before me, Gina L.Garner Notary Public Date Here Insert Name and Title of the Officer N personally appeared Daniel Young and Gregg N.Okura .a Name(s)of Slgner(s) c 0 m who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed to 0 the within instrument and acknowledged to me that halsheAhey executed the same in hisfierRheir authorized capacity(iss),and that by 1110edthelr slgnature(s)on the instrument the person(s),or the entity upon behalf of GiNA L.GARNtR which the person(s)acted,executed the instrument o, COMM.#2021213 � NWARYPUBLIO CAl FMIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 5: OHANQS C00 true and correct. my Comm. Mf+ .19,2017 WITNESS my hand and official seal. E t Place Notary Seat Above Signature Gina L.Gamer,Notary Public w CERTIFICATE Q The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations,set forth in the Power ofAttorney are in force as of the date of this Certificate. This Certificate is executed in the Cflyof Irvine,California,this25 t4ay ofNo V emb2 r, 2013 . By: Mark J.Lansdon,Assistant Secretary ID•1380(Rev.05113) Packet Pg. 162 5.G.d r• • - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 11125113 beforeme, Charles P. Swan Here Date insert Name and Title of the Ofltcer personally appeared Andrew J. Shaker r Namo(s)of Signer(S) ti ti r U R who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the o within instrument and acknowledged to me that .N he/she/they executed the same in his/her/their authorized .5 capacity(ies), and that by his/her/thelr signature(s) on the � instrument the person(s), or the entity upon behalf of (0 CHARLES P. SWAN which the person(s)acted, executed the instrument. COMM.k 1969209 NOTARY I certify under PENALTY OF PERJURY under the laws LOS ANGELES COUNTY My Comm.Expires FEB 27.2016 of the State of California that the foregoing paragraph is true and correct. a� WITNESS my hand and official seal. f .2 Place Notary Seal Above Signature Signature of Notary Public Y N OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document U) and could prevent fraudulent removal and reattachment of this form to another document. Description pf Attached Document ►� N Title or Type of Document: Document Date: Number of Pages: o°p m Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) °r Signer's Name: Signer's Name: 11 Individual D individual O Corporate Officer—Title(s): ❑Corporate Officer—Title(s): m ❑ Partner—O Limited 0 General O Partner--❑Limited ❑General E ❑ Attorney in Fact • ❑Attorney in Fact O Trustee Top of thumb here p Trustee Top of thumb Here Q 0 Guardian or Conservator ❑Guardian or Conservator © Other: ❑Other: Signer Is Representing: Signer Is Representing: i 02007 National Notary Association•9369 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•w wr.NatlonalNalaryorg Item#5907 Reorder:CallToll•Freo 1.041796827 Packet Pg. 163 S.G.e INSCO INSURANCE SERVICES, INC. inSCcalCC1 Undorwriting Manager for: Developers Surety and Indemnity Company ° °Mp Indemnity Company of California 17780 Fitch,Sulte 200-Irvine,California 92614•(949)263-BOND NO. 388683S ca PREMIUM INCLUDED EXECUTED IN TRIPLICATE INPBIZFORMANCEBOND. r SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND _ 0 KNOW ALL MEN BY THESE PRESENTS: 2 Z That we FH II, LLC as Principal, M and_Qeve opers ure an n emni ompany ,a corporation organized and doing business under and by virtue of the i j laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California o as Surety,are held and firmly bound unto as City of San Bernardino E m m L a as Obligee,in the sum of Fifty Three Thousand Six Hundred Eighty Seven and 001100 = 0 ($ )Dollars,for which payment, well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents, N THE CONDITION OF THE OBLIGATION IS SUCH THAT: r j WHEREAS,the above named Principal,has entered into an agreement or agreements which are made a part of this bond,with the ti City of San Bernardino as Obligee for the improvements in the .0 c subdivision designated as(Tract/Parcel)Map No. 17716 _ ,as required ca by the Government Code of California. i 2 a� NOW THEREFORE,the condition of this obligation is such,that if the above Principal fails to make payment to any contractor, o his subcontractors,or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements,the Surety on this bond will pay the same,in an amount not exceeding the sum specified in this bond. co This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code o of California as improvement security,and shall inure to the benefit of any and all contractors,their subcontractors and persons M renting equipment or furnishing labor or materials to them for the improvement.Notice of extension of time for completion is waived t _ m by the Surety. E IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said o. L y y y Glendora fl- Surety is hereto affixed and attested b its duly authorized Attome -in-Fact at EI California,this 25th day of November 2013 0 YEAR N "PRINCIPAL" "SURETY" L' FH II,LLC Developers ety and Indemnity Company (n W E BY- And—re—w-1-8 a e Attorney-in-Fact ,ors,, Q ID-1265(CA)(REV.1101) Packet Pg. 164 i ACKNOWLEDGMENT ti r` STATE OF CALIFORNIA ) County of �IrY1A 1 Y1O ) _ O O efore me, a. On V2 who.proved to me on Notary.Public,personally appeared the basis of satisfactory evidence to be the person�f whose name,06 is/V&subscribed to the m within instrument and acknowledged to me that hels /tly executed the same in hislr/tir a authorized zapacity(�), and that by his/�r/tl�ir signature on the instrument the person(,ox the entity upon behalf of which the person acted,executed the instrument. E d d I certify under PENALTY OF PERJURY under the laws of the State of California that the a foregoing paragraph is true and correct. o WITNESS my hand and official seal. G.LovETT N Commission#1985218 x N a 31 - Notary Public-California San BernardPno Counly My Comm, Jul 15,2016 N Signature of Notary O (Affix seal here) °0 ,L W C� G L O J d E d O L Q. E _O N 7 C d E .O V t0 r Q srvMH:411535262 Packet Pg. '165 i s . I POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Bolt 19726,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each cc hereby make,constitute and appoint:- ""*Charles P.Swan,Gerry Lewis,Andrew J.Shaker,Kristine L.Clearman,jointly or severally' T i., as their true and lawful Aftomsy(s)•In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety. 1- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of- said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)•in-Fact,pursuant to these presents, N are hereby ratified and confirmed. > :a This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. M . L RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the 0 corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,quaiifying the alt rney(s)named in the Power of Attorney to execute,on behalf of the 4 corporations,bonds,undertakings and contracts of suretyship;and that the Secrelary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized 4) to attest the execution of any such Power ofAttorney; m m RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shalt be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking Q or contract of suretyship to which It Is attached. _ 0 IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused-these presents to be signed by r their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. 1 By, D ?ANY OqanlelYoung,SeniorUce-President O a G ?z = O1 T.W c�tc- OCT.5 o By, >'0 19 3 6 r i 3 1987 regg N.0 ice-President 'sue ,r L ,� Oq ,9 n,IOWA. / 4 FORS O Slate of California County of Orange L CD On May 23,2013. before me, Gina L.Garner,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N.Okura Name(s)of Signers) L O ' R who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)[stare subscribed to the within Instrument and acknowledged to me that helsheAhey executed the same in hlstherAheir authorized capadly(tes),and that by hislher/thelr signature(s)on the Instrument the person(s),or the entity upon behalf of GINA 4. GARNtR which the person(s)acted,executed the instrument aEi COMM,#20212`13 0 NOTARY f?UBLIO C FAORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is a ORANQ110101 1V true and correct E 0DMM. Me 1(h 2017 WITNESS my hand and official seal. . o •N Place Notary Seal Above Signature — Z Gina L.Gamer,Notary Public CERTIFICATE O N The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby r certify that the foregoing Power of Attorney remains In full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations.sat forth in the Power of Attorney are In force as of the date of this Certificate. E z This Certificate is executed in the City of Irvine,California,this2 5 t hay ofNo v emb e r, 2.013. O ry Q By: - Mark J.Lansdon,Assistant Secretary ID-1380(Rev05113) Packet Pg. 166 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti State of California .r County of Los Angeles On 11/25/1.3 before me, Cbarl P swan Frere insert Neme and Tide of the O6acer 1 O Dete N personally appeared Andrew J . Shaker Names)of Signer(s) L O who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Is/are subscribed to the a) within instrument and acknowledged to me that E CD he/she/they executed the same in his/her/their authorized 0 a1 -W-�-� capacity(ies), and that by his/her/their signature(s) on the Q ~ CHARLES P. SWAN instrument the person(s), or the entity upon behalf of o o COMM.l. 1869209 y NOTARYPUBLIC-CALIFORNIA which the person(s) acted,executed the instrument. :� LOS ANGELES COUNTY +- My Comm.Expires FEB.27,2016 certify under PENALTY OF PERJURY under the Jaws of the State of California that the foregoing paragraph is rn true and correct. to v WITNESS my hand and official seal. .~�. Signature � Place Notary Seal Above Signature of Notary Public m OPTIONAL, 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. Description pt Attached Document c Title or Type of Document: f° L O Document Date: Number of Pages: 0 J Signer(s)Other Than Named Above: m Capacity(ies) Claimed by Signer(s) en 0 L Signer's Name: Signer's Name: °- ❑ Individual ❑Individual E ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): o O Partner—D Limited D General ❑Partner—O Limited U General r - 2 01118" D Attorney in Fact D Attorney in Fact - } To of thumb here Top of thumb here ❑Trustee p "¢ ❑ Trustee D Guardian or Conservator ❑Guardian or Conservator D Other; D Other: c CD E Signer is Representing: Signer Is Representing:-U m w Q : ®2007 Netlonal Notary Association-9360 De Soto Ave.,P.O,Box 2402-Chatsworth,CA 91313.24026 vww.NatbnalNotary.org Item 1f6907 Reorder:Call Tol6Free 1-800.876-6627 Packet Pg. 167 4�]C, INSCO INSURANCE SERVICES, INC. Inracghlco Underwrlting Manager for: o o Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BOND NO. 388683S $ 1289.00 premium is for ti .. ti EXECUTED IN TRIPLICATE aterm of Two vear(s) ca L SUBDIVISION IMPROVEMENTS PERFORMANCE BOND g .N KNOW ALL MEN BY THESE PRESENTS: �a That we,FH II,LLC ,as Principal, and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by virtue of the 0 laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto (D E a) City of San Bernardino m as Q c 0 r as Obligee,in the sum of One Hundred Seven Thousand Three Hundred Seventy Four and 001100 ($107,374.00 }Dollars,for which payment, N well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. N THE CONDITION OF THE OBLIGATION IS SUCH THAT: m v ti WHEREAS,the above named Principal,as a condition of the filing of the final subdivision map of(Tract/Parcel)Map No.1771fi., ' ,3 FH 11,LLC entered into an agreement or agreements with said Obligee to complete the improvements specified in m said agreement or agreements. d c NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement R or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without E L- notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect. •C m CL IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said = d Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Glendora m California,this 25th day of November 2Q13:r,, . a vaR E "PRINCIPAL" „SURETY" ,' '' FH 11,LLC Develo rs rety qnd I em ity Company BY Andrew J.Shaker Attorney-in-Fact v ca r a ID-1266(CA)(REV.1101) Packet Pg. 168 ACKNOWLEDGMENT STATE OF CALIFORNIA ) County oftir1 On e3 c�C�i 3 ,before me, a c Notary Public,personally appeared i Crh Y1(1 U. Vv 1 who proved to me on e the`basis of satisfactory evidence to be the.person(,]whose name(,a'}is/ask subscribed to the within instrument and acknowledged to me that he/s}�/tlk executed the same in his r/tI it authorized capacity( s),and that by his/lr/th;�ir signature on the instrument the person(,or v) the entity upon behalf of which the personO acted,executed the instrument. ,0 I certify.under PENALTY OF PERJURY under the laws of the State of California that the E foregoing paragraph is true and correct. rn a WITNESS my hand and.official seal. c s.1_ovErt �. _ Commission#1985218 = z G�'� Notary Public•California z N _ ,1 z ,p San Bernardino Count -0 r J My Comm.Expires Jul 15,2016, M Sigriature of Notary v ti N_ (Affix seal:here) -� c 0 m m c ca E 0 a .r c d E d 0 L rz E 0 .y co C E S to a+ a SMIiFI:4l 1535262 Loan No.2127B Packet 0 g�`169 5.G.f • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA _ PO Box 19725,IRVINE,CA 92623 (949)263.3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: 'Charles P.Swan,Gerry Lewis,Andrew J.Shaker,Kristine L.Clearman,jointly or severally— ti as their true and lawful Atfomey(s),in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Atfomey(s)-in-Fact full power and authodty to do and to perform every act necessary,requisite or proper to be done 16 connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. ~ c This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY 0 AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008, RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the -0 corporations be,and that each of them hereby Is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the cry corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized o to attest the execution of any such Power of Attorney; "- c RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such.facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond,undertaking m or contract of suretyship to which It Is attached. d rn IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused,these presents to be signed by Q their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. _ 0 By, G2 ,�ti�V AND 7ryQ, Q�?ANY�� I x ran Daniel Young,Senior Vice-President �;�J� 4Rp0R4 N'�gF 4- ��G OPpORgT za r OCT Fo qLU 10 10- g OCT.G o r , } By: ;o� 1936 0 1067 \ re99 N.0 ce President 'A I'll/Ow �O,q,lFOR a� State of California County of Orange 0 On May 23,2013. before me,_ Gina L.Garner Notary Public m Date Here Insert Name and Title of the Officer CU c Daniel Young and Gregg N.Okura E personally appeared � Names)of Signer(s) 0 m who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Were subsc6bed to the within Instrument and acknowledged to me that helshelthey executed the some In hlslherAheir authorized m 9 1 capacily(les),and that by hMerpheir slgnature(s)on the Instrument the person(s),or the entity upon behalf of E GINA L G3AC N& which the persons)acted,executed the Instrument > COMM.#2021213 o NOTAWPUBLiC MFORN1A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Q ORANGE Clt)N'1`:Y true and cored. E oomm. M0 .1$,,201 c WITNESS my hand and offlcal seal. 0 'rn Place Notary Seal Above Signature > Gina L.Gamer,Notary Public a CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of m said corporafions set forth In the Power of Attorney are In force as of the date of this Certificate. E This Certificate Is executed in the City of Irvine,California,this25t hay ofNOvembe,x, 2013 . »r Q By: Mark J.Lansdon,Assistant Secretary ID•1380(Rsv.05113) Packet Pg. 170 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California co County of Los Angeles ~ ti T Y On 11/25/13 before me, Charles P Swan L ate Here insert Name and Title of the Officer personally appeared Andrew J. Shaker o Names)of Signer(s) .y who proved to me on the basis of satisfactory evidence to U) be the person(s) whose name(s) is/are subscribed to the .`o within instrument and acknowledged to me that r he/she/they executed the same in his/her/their authorized E -- capacity(les), and that by his/her/their signature(s) on the d CHARLES P.SWAN instrument the person(s), or the entity upon behalf of COMM.it 1969209 which the person(s) acted, executed the instrument. Q pJ 8 NOTARY PUBLIC-CALIFORNIA ro LOS ANGELES COUNTY = My Comm.Ezpiros.FE8.27,2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is = true and correct. rn cn WITNESS my hand and official seal. 17 I n4V—AA,',— co Public ti Place Notary See!Above Signature Signature of Notary Public OPTIONAL = Though the Information below is not required by law,It may prove valuable to persons relying on the document O and could prevent fraudulent removal and reattachment of this form to another document. m d v Description pt Attached Document Title or Type of Document: E 0 Document Date: Number of Pages: a r Signer(s)Other Than Named Above: E Capacity(ies)Claimed by Signer(s) > 0 L Signer's Name: Signer's Name: C ❑ Individual ❑Individual C ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): e ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General to ❑ Attorney in Fact D Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here L7 Guardian or Conservator ❑Guardian or Conservator Tn ❑ Other: ❑Other: m E Signer Is Representing: Signer Is Representing: m - Q 02607 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•vww.NatlonalNotaryorg ItemI15907 Reorder:GaliTcll-Freef-B60676-6627 Packet Pg. 171 4C�]C INSCO INSURANCE SERVICES, INC. insc%gO Underwriting Manager for: �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 www.InscoDico.com BOND NO. 388684S $ 297.00 premium is for a term of Two EXECUTED IN TRIPLICATE ti MONUMENTATION BOND FOR SUBDIVISIONS 0 .y KNOW ALL MEN BY THESE PRESENTS,THAT WHEREAS, FH ll,LLC 2 hereinafter called SUBDIVIDER,is the developer of that certain subdivision known as Tract No. 17716 ,0 and WHEREAS,all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, _ E NOW,THEREFORE,we the subdivider as Principal,and the Developers Surety and Indemnity Company 17771 Cowan,Suite 100,Irvine,CA 92614 Q (Legal Title and Address of Surety) c as Surety,are held and firmly bound unto the City of San Bernardino 3 in the sum of Twenty Four Thousand Seven Hundred w Fifty and 00/900 ($ 24,750.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, N cc our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for `N said subdivision in accordance with the provisions of Government Code Sec. 66495 et.seq.,then said Surety will c pay the'same in an amount not exceeding the amount hereinabove set forth. o .) IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons,companies,and corporations entitled to file claims against it,pursuant to Government Code Sec.66497. 0 L Should the condition of this Bond be fully performed,then this obligation shall become null and void,otherwise it `0 shall be and remain in full force and effect. c 0 m And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration o or addition to the terms of the Agreement or Contract,or to the work to be performed thereunder, shall in any way a affect its obligations on the Bond,and it does hereby waive notice of any such change,extension of time,alteration d or addition to the terms of the Agreement or Contract. E c IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named 2 on November 25,2013 .20 13 :- c m Principal Surety FH II,LLC Developers Surety and Indemnity Company w Q By: By: Attorney-In-Fact Ib•1416(CA)(7101) Andrew J.S Oak Packet Pg. 172 ACKNOWLEDGMENT STATE OF CALIFORNIA ) County of ` 5eena ral 16o } ti r On V � �� efore me, a; Notary Public,personally appeared +c; who proved to me on the.basis of satisfactory evidence to be the person(p'f whose nalne(,e is/�a`e subscribed to the .7 within instrument and acknowledged to.me thaf he/s} /ty executed the same in his7lr/tl}e�ir > authorized.capacity(i s),and that by his/b/r/tb it signature(4 on the instrument the person(4, or the entity upon behalf of which the persono acted,executed the instrument. co O I certify under PENALTY OF PERJURY under the laws of the State of California that the d foregoing paragraph is true and correct. E d WITNESS my hand and official seal. �,t ovETT Commission# 1985218 a '= ti Notary Public•California z z "—' San Bernardino County My Comm.Expires Jul 15,2016 Signature of Notary y (Affix seal;here) N N C O N Cl) L W O m O r E CCO G ddC G V R Q SMRH:411535262 Loan No.2127B °Packet P M 5.G:g POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA92623(949)263.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Charles P.Swan,Gerry Lewis,Andrew J.Shaker,Kristine L.Clearman,Jointly or severally*** . cfl as their true and lawful Aftomey(s),In-Fact,to maker execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ti ship giving and granting unto said Aftomey(s)-in-Fad full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. L This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008• O .N RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive tike-President,Senior Vice-President er any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualitying the aftorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contacts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, U) L O RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such ;. Power of Attorney or certiicate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond,undertaking w or contract of suretyship to which it is attached. • m IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused°these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. c By: AND;s"�y ,N PAMY p Daniel Young,Senior Vice-President o Pop., yr ran :'_ OCT Iii z OCT. 0 1938 1ph: By' �o dreg-g- 1967 U)N.0 ice-President �4," 0 1, ton State of California ��^' 1p.0 * N County of Orange N On May 23.2011 before me, Gina L.Garner,Notary Public 0 O Date Hele Insert Name and Title of the Officer N personally appeared Daniel Young and Gregg N.Okura Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed to 0 the within Instrument and acknowledged tome that helshefthey executed the same in his/herRheir authorized # capadly(tes),and that by hlsArerAheir signature(s)on the instrument the person(s),or the entity upon behalf of o G1 NA L GARNER which the person(s)acted,executed the instrument m COW#202t213 c NOTARY PUBI.{O�Ak FOMIA. I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is OAANQB c'*0t##V true and correct. Comm. 1 2D17 X/ WITNESS my hand and official seal. 4 E Place Notary Seal Above Signature a Gina L.Gamer,Notary Public g CERTIFICATE c The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby c E certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respecive Boards of Directors of said corporafions.set forth In the Power of Attorney are in force as of the date of[his Certificate. v ro This Certificate is executed in the City of Irvine,California,this2 5 t hay of o V emb e r, 2013 . Q Mark J.Lansdon,Assistant Secretary ID•1380(Rev.05113) Packet Pg. 174 >•° 5.G.g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles T On 11125113 before me, Charles P. Swan r Oate Here Insert Name and Title of the Ogicor V personally appeared Andrew J. Shaker Name(s)of Signer(s) _2 N who proved to me on the basis of satisfactory evidence to zS be the person(s)whose name(s) Is/are subscribed to the within instrument and acknowledged to me that L he/she/they executed the same in his/her/their authorized ° capacity(ies), and that by his/her/their signature(s) on the --- . --- instrument the person(s), or the entity upon behalf of E 6CHARLESP._9VZj1 w hich the person(s)acted, executed the instrument. a COMM.N 1989209 g L NOTARY PUBLIC•CALIFORNIA 3 Q LOS ANGELES COUNTY I certify under PENALTY OF PERJURY under the laws MY Comm.Expires FEB.27,2016 of the State of California that the foregoing paragraph is o true and correct. WITNESS my hand and official seal. Place Nola Seal Ahwa Signature �4✓wX�- co Notary Signature of Notary Public OPTIONAL N Though the information below is not required by law,it may prove valuable to persons relying on the document N and could prevent fraudulent removal and reattachment of this form to another document. c 0 Description pf Attached Document N Title or Type of Document: Document Date: Number of Pages: N L 0 Signer(s)Other Than Named Above: c Capacity(ies) Claimed by Signer(s) m 0 Signer's Name: Signer's Name: ❑ Individual ❑Individual c a� ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): E ❑ Partner—❑Limited ❑General ❑Partner—❑ Limited ❑General c • Attorney In Fact MOM ❑Attorney in Fact 0 • Trustee Top of thumb here ❑Trustee Top at thumb here O Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: E U Signer Is Representing: Signer Is Representing. Q 02007 National Notary Associat)on-9350Do Solo Ave.,P.O.Box 2402•Chatsworth,CA913132402•wwwhallomftlaryorg lain i9D7 Reorder:Call Toll-Frea1-ao"7r,-6827 Packet Pg. 175