HomeMy WebLinkAbout05.D- Community Development 5.D
RESOLUTION (ID #3380) DOC ID: 3380 D
..., CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mark Persico M/CC Meeting Date: 08/18/2014
Prepared by: Laura Weidemann, (909) 384-
5057
Dept: Community Development Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Standard Form of Agreement for Subdivision Tract No. 17699 (Lots 1 through 24) Mixed Use
Residential and Office Units, Located on the North Side of Campus Parkway South of North
Park Boulevard in the CG-2, Commercial General Zone, with FH II, LLC with Time of
Performance Specified, and Authorizing Release of University Park Holdings, LLC from Terms
of the Standard Form of Agreement for Subdivision Tract No. 17699 (Lots 1 through 24) as
Approved by Resolution No. 2012-230. (#3380)
Current Business Registration Certificate: Yes
Financial Impact:
There is no Financial Impact
Motion: Adopt the Resolution.
Synopsis no sis of Previous Council it Action:
01/10/2006 - Tentative Tract 17699 Sub No. 05-29 was approved b the Planning Commission
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for a 22-unit project designed as a live/work project.
09/04/2012 - Resolution 2012- 230 was adopted by Mayor and Common Council, approving the
Final Map and the Standard Form of Agreement for Tract 17699.
Background:
On January 10, 2006, the Planning Commission approved Tentative Tract No. 17699 to create a
1-lot condominium subdivision for 22 detached live/work dwellings on 2.75 acres.
On September 04, 2012, Resolution 2012- 230 was adopted, approving Final Map 17669 and the
Standard Form of Agreement for Tract 17669. The developer, University Park Holdings, LLC
recorded the Final Map,posted the required bonds and insurance, and executed the Standard
Subdivision Improvement Agreement.
Tract 17669 was subsequently sold to Frontier Homes, LLC a California Limited Liability
Company,which then conveyed it to FH II, LLC. As the new owner, FH II, LLC has posted the
required bonds and insurance, and has executed the Standard Subdivision Improvement
Agreement to guarantee the construction within 24 months. University Park Holdings, LLC has
requested that it be released from their 2012 Subdivision Improvement Agreement with the City.
City Attorney Review:
This Item Has Been Reviewed and Approved as to Form by the City Attorney's Office. JEG
Updated: 8/13/2014 by Linda Sutherland D I Packet Pg. 28
3380
Supporting Documents:
Resolution Tract 17699 Colony 22 Subdiv Imp Agmt (DOC)
agrmt 3380 (PDF)
Labor and Material Bond (PDF)
LMD Performance Bond (PDF)
Monumentation Bond(PDF)
Subdivision Completion Bond (Performance) (PDF)
Warranty Bond (PDF)
Vicinity Map 17699 (PDF)
Updated: 8/13/2014 by Linda Sutherland D Packet Pg. 29
5.D.a
1 RESOLUTION NO. Y
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Q
BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
4 SUBDIVISION TRACT NO. 17699 (LOTS 1 THROUGH 24) MIXED USE
5 RESIDENTIAL AND OFFICE UNITS, LOCATED ON THE NORTH SIDE OF E
CAMPUS PARKWAY SOUTH OF NORTH PARK BOULEVARD IN THE CG-2,
6 COMMERCIAL GENERAL ZONE, WITH FH II, LLC WITH TIME OF
PERFORMANCE SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY
PARK HOLDINGS, LLC FROM TERMS OF THE STANDARD FORM OF
8 AGREEMENT FOR SUBDIVISION TRACT NO. 17699 (LOTS 1 THROUGH 24) AS u
APPROVED BY RESOLUTION NO. 2012-230.
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11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON �?
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 00
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13 SECTION 1. The City Manager is hereby authorized and directed to execute the r
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14 standard form of agreement adopted by Resolution No. 90-427 with FH 11, LLC a California .!2
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Limited Liability Company, for improvements in Subdivision Tract No. 17699 (Lots 1 through
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24) as are required by Title 19 of the San Bernardino Municipal Code and the California a
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Subdivision Map Act. The time for performance is specified at 24 months. Said improvements
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19 are specifically described and shown on drawings approved and on file in the Community N
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2 0 Development Department of the City of San Bernardino. o
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SECTION 2. Standard Form of Agreement for Subdivision Tract No. 17699 as
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approved by Resolution No. 2012-230 dated September 04, 2012, with University Park u
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2 4 Holdings, LLC, is hereby terminated by mutual consent of the City and University Park c
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25 Holdings, LLC.
26 SECTION 3. The City Clerk shall certify the approval and acceptance of the Mayor
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and Common Council as set forth in this Resolution.
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1 SECTION 4. This authorization to execute the Agreement is rescinded if the parties to
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2 the Agreement fail to execute it within sixty(60) days of the passage of this Resolution. E
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR SUBDIVISION
2 TRACT NO. 17699 (LOTS 1 THROUGH 24) MIXED USE RESIDENTIAL AND OFFICE E
UNITS, LOCATED ON THE NORTH SIDE OF CAMPUS PARKWAY SOUTH OF NORTH
3 PARK BOULEVARD IN THE CG-2, COMMERCIAL GENERAL ZONE, WITH FH II, LLC
WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING RELEASE OF
4 UNIVERSITY PARK HOLDINGS, LLC FROM TERMS OF THE STANDARD FORM OF
5 AGREEMENT FOR SUBDIVISION TRACT NO. 17699 (LOTS 1 THROUGH 24) AS 'E
APPROVED BY RESOLUTION NO.2012-230.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and `ti°
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Common Council of the City of San Bernardino at a meeting thereof, held on
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the day of , 2014,by the following vote, to wit: c
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11 Council Members: AYES NAYS ABSTAIN ABSENT v
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12 MARQUEZ
13 BARRIOS
'" 14 VALDIVIA
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15 SHORETT
16 NICKEL a
JOHNSON a
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MULVIHILL
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20 Georgeann Hanna, City Clerk o
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The foregoing resolution is hereby approved this day of 12014.
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23 R. Carey Davis, Mayor
2 4 City of San Bernardino 0
Approved as to form:
25 Gary D. Saenz, N
City Attorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
20____, by and between the City of San Bernardino, a municipal
corporation, hereinafter referred to as "City," and FH H, LLC a California Limited
Liability Company, hereinafter referred to as "Subdivider."
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RECITALS a)
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A. WHEREAS, on September 04, 2012 the Mayor and Council of the City
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adopted Resolution 2012-230 and approved the Final Map for Tract Map 17699
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(hereinafter called "map") and the Standard Form Subdivision Improvements Agreement a
with University Park Holdings, LLC, the original subdivider; and,
?am-, B. WHEREAS, University Park Holdings, LLC has conveyed its interest in c
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Tract 17699 to Subdivider, and University Park Holdings, LLC requests that the City
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release it from its 2012 Subdivision Improvements Agreement; and, c
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C. WHEREAS, Subdivider has requested City approval of this Subdivision o
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Improvements Agreement (hereinafter called "Agreement") prior to the construction and o
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completion of improvements, including all streets, highways or public ways and public E
utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
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"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 Q
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
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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
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the acceptance of the dedications, or some thereof, therein offered and in order to insure
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satisfactory performance by Subdivider of Subdivider's obligations under said
Subdivision Map Act and said Ordinance,the parties agree as follows:
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1. Performance of Work. Subdivider will do and perform, or cause to be Q
done and performed, at Subdivider's own expense, in a good and workmanlike manner, o
and furnish all required materials, all to the satisfaction of the City Engineer of City, the L
work and improvements within (and/or without) the subdivision to complete the
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improvements in accordance with the Plans and Specifications on file as hereinbefore v
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specified, or with any changes required or ordered by the City Engineer which, in his co
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opinion, are necessary or required to complete the work. o
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2. Work: Places and Grades to be Fixed by En ig neer. All of said work is to E
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be done at the places, of the materials,in the manner, and at the grades, all as shown upon
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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;
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provided that, in the event good cause is shown therefor, the City Engineer may extend
the time for completion of the improvements hereunder. Any such extension may be
granted without notice to the Subdivider's surety, and extensions so granted shall not
relieve the surety's liability on the bond to secure the faithful performance of this
Agreement. The City Engineer shall be the sole and final judge as to whether or not good
cause has been shown to entitle Subdivider to an extension.
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S. Re-airs and Replacements. Subdivider shall replace, or have replaced, or E
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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,
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repair, or have repaired, as the case may be, or pay to the owner the entire cost of a
replacement or repairs, of any and all property damaged or destroyed by reason of any o
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, N
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or by the City, or by any public or private corporation, or by any person whomsoever, or o
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by any combination of such owners. Any such repair or replacement shall be to the CO
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satisfaction, and subject to the approval, of the City Engineer. CO
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6. Utility Deposits — Statement. Subdivider shall file with the City Clerk, E
prior to the commencement of any work to be performed within the area delineated on
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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 Q
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
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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 Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
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superintendent, satisfactory to the City Engineer on the work at all times during progress,
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with authority to act for Subdivider.
9. Inspection by_City.. Subdivider shall at all times maintain proper facilities
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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.
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10. Contract Security. Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as follows: N
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(a) An amount equal to at least one hundred percent (100%) of the total 0
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estimated cost of the improvement and acts to be performed as security for CO
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the faithful performance of this Agreement; CO
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(b) An amount equal to at least fifty percent (50%) of the total estimated cost E
of the improvements and acts to be performed as security for the payment
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of all persons performing labor and furnishing materials in connection 0
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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
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following the completion and acceptance thereof against any defective
Qw, 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
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furnished shall be in the form of bonds, deposits or letters of credit as �
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provided in Title 19 San Bernardino Municipal Code, and the type shall be
at the option of and subject to the approval of the City Engineer and the
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City Attorney. Q
11. Subdivider's Insurance. Subdivider shall not commence work under this
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Agreement until Subdivider shall have obtained all insurance required under this
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paragraph, and such insurance shall have been a pp roved b y the City Attorney as to form N
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amount and carrier, nor shall Subdivider allow any contractor or subcontractor to 0
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commence work on the contract or subcontract until all similar insurance required of the CO
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contractor or subcontractor shall have been so obtained and approved. All requirements
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herein provided shall appear either in the body of the insurance policies or as E
endorsements and shall specifically bind the insurance carrier.
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(a) Worker's Compensation Insurance/Employer's Liability Insurance.
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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
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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
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contractor and subcontractor to provide, adequate insurance for the d
protection of employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from failure of either
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Subdivider or any contractor or subcontractor to take out or maintain such
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insurance.
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(b) Public Liability and Property Damage Insurance. Subdivider shall take i
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out and maintain, during the life of this Agreement, such public liability
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and property damage insurance as shall insure City, its elective and o
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appointive boards, commissions, officers, agents and employees,
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Subdivider and any contractor or subcontractor performing work covered
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by this Agreement from claims for damages for personal injury, (as E
defined hereunder), including death, as well as from claims for property
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damage or product liability which may arise from Subdivider's or any
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contractor's or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or subcontractor, or by
anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
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contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(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
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($1,000,000.00) on account of any one occurrence; Product w
Liability Insurance coverage should be part of the Public Liability
Insurance; _
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(2) Property Damage Insurance. In an amount not less than One a
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Million Dollars ($1,000,000.00) for damage to the property of each
person on account of any one occurrence. i
In the event that any of the aforesaid insurance policies provided for in a
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this Paragraph I I insures any entity, person, board or commission other C
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than those mentioned in this paragraph, such policy shall contain a co
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standard form of cross-liability endorsement, insuring on such policy City, o
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its elective and appointive boards, commissions, officers, agents and E
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employees, Subdivider and any contractor or subcontractor performing
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work covered by this Agreement.
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(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,
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entitled"tail coverage" must be purchased to cover a period of one
( Y 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 Injury — Defined. As used herein, the term "personal
injury" shall be defined as a hurt or damage to one's person
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including, without limitation, damage to health, cuts, bruises, E
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broken limbs and/or bones, or the like, disabilities or impairments,
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including aggravation of existing injuries, or invasion of personal
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rights, including libel or slander, malicious prosecution, false Q
imprisonment and mental suffering. c
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12. Evidence of Insurance. Subdivider and contractor shall furnish City,
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concurrently with the execution hereof, with satisfactory evidence of the insurance �
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required, and evidence that City is named and endorsed on the policy as an additional c
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insured. Subdivider and contractor shall also provide City with evidence that each carrier
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will be required to give City at least ten (10) days prior written notice of the cancellation o
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or reduction in coverage of any policy during the effective period of this Agreement. E
13. Hold Harmless/Indemnification. Subdividers)/Developer(s) hereby agree
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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 a
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, attom,ey's/legal fees, and all other expenses incurred by the City
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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
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operations/incidents are caused by contractor, Subdivider or any of
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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 Q
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one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer Q
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shall investigate, handle, respond to, provide defense for and defend any such claim,
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demand, or suit at the sole expense of the Subdivider/Developer even if the claim or i
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claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend
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City, its appointive boards, commissions, officers, agents and employees from any suits 0
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or actions at law or in equity for damages caused, or alleged to have been caused, by CO
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reason of any of the aforesaid operations,provided as follows: M
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(a) That City does not, and shall not, waive any rights against Subdivider E
which it may have by reason of the aforesaid hold harmless agreement,
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because of the acceptance by City, or by deposit with City by Subdivider, R
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or any of the insurance policies described in Paragraph l 1 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
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to in this paragraph, regardless of whether or not City has prepared,
Qsupplied 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
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against Subdivider/Developer or the City or to enlarge in any way the a)
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Subdivider's/Developer's liability but is intended solely to provide for indemnification of
the City from liability for damage or injuries to third persons or property arising from
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Subdivider/Developer's performance hereunder. a
14. Title to Improvements. Title to, and ownership of, all improvements
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constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
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acceptance of such improvements by City. N
15. Repair or Reconstruction of Defective Work. If, within a period of one °
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year after final acceptance of the work performed under this Agreement, any structure or CO
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part of any structure furnished and/or installed or constructed, or caused to be installed or
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constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill E
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any of the requirements of this Agreement or the Specifications referred to herein,
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Subdivider shall, without delay and without any cost to City, repair or replace or
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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
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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.
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17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs
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of all permit fees for all engineering inspections and other services connected with the
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City in regard to the subdivision. Said fees shall be paid prior to commencing any
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construction.
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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 F
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its completion within the time specified, or any extensions thereof, or fails to obtain
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completion of said work within such time, or if the Subdivider should be adjudged a
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bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's M
creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or CO
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if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, E
should violate any of the provisions of this Agreement, City Engineer or City Council
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may serve written notice upon Subdivider and subdivider's surety of breach of this
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Agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement, Performance b Surety�y. 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
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5.D.b'
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
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thereby; and, in such event, City, without liability for so doing, may take possession of,
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and utilize in completing the work,such materials, appliances, plant and other property
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belonging to Subdivider as may be on the site of the work and necessary therefor. E
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20. Notices. All notices herein required shall be in writing, and delivered in q
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person or sent by registered mail, postage prepaid.
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(a) Notices required to be given to City shall be addressed as follows: I
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City Manager 04,
City Hall o
300 North "D" Street v
San Bernardino, CA 92418 0
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(b) Notices required to be given to Subdivider shall be addressed as follows: c
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FH 11, LLC a California Limited Liability Company
8300 Utica Avenue, Suite 300 L
Rancho Cucamonga CA 91730
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(c) Notices required to be given to surety of Subdivider shall be addressed as E
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follows: Q
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.
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21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs
and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
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SUBDIVIDER
FH 11, LLC A CALIFORNIA LIMITED LIABILITY COMPANY
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By:
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Name/Title: � f �,_ � ,«..0 'ri t
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CITY OF SAN BERNARDINO c
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By: co
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Allen J. Parker, City Manager c
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ATTEST: E
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Georgeann Hanna, City Clerk
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Approved as to form:
Gary D. Saenz.
City Attorney
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the
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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
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fictitious name must be signed also. The Agreement must be notarized. ep
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STATE OF CALIFORNIA )
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COUNTY OF ) E
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On this day of 20 before me, the Q
undersigned, a Notary Public in and for said County and State, personally
appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to me (or N
proved to me on the basis of satisfactory evidence) to be the
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of the corporation that executed the within instrument, and o
know to me to be the persons who executed the within instrument on behalf of the v
corporation therein named, and acknowledged to me that such corporation executed the o
same, pursuant to its by-laws, or a resolution of its Board of Directors. co
WITNESS my hand and official seal.
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Notary Signature (This area for official seal.)
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STATE Op.CALIFORNIA
Nil COUNTY OF � �'nQroly�C�
On Auow 54 m� tJ) ,before me, �i�D_G�
(here inse name and title of the fficer)
personally appeared d
who proved to me on the basis of.satisfactory evidence to be the person whose name n
meet and
acknowledged to me that he/s executed the same in
' ed to the within instrument g
subscribed
his/qr authorized capacity, and that by his/h/r signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERNRY under the laws of the State of California that the
foregoing paragraph is true and correct.
G.�LOVET'11- Q WITNESS my hand and official seal. r. ; co emiss
Notary Public - California +�
v_ San Bernardino County r =
xpires Jui 45, 2316.01 E
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Signature:
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lI uw� INSCO INSURANCE SERVICES,INC.
insc�lCD Underwriting Manager for:
Developers Surety and Indemnity Company
(g o 0 o Indemnity Company of California
17771 Cowan,Suite 100•Irvine,California 92614•(800)792-1546
www.lnscoDico.conr
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SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
Issued in Triplicate Originals BOND NO. 389018S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
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That we, FH II LLC a California Limited Liability Company as Principal, a)
and Developers Surety and Indemnity Company a corporation organized and doing business 2
0.
under and by virtue of the laws of the State of California and duly licensed aa)
to conduct a general surety business in the State of California as Surety,are held and firmly bound unto the City of San Bernardino
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as Obligee,in the penal sum of One Hundred Thirty—Two Th__ouaand, Six
Hundred Eighty-Nine and no/100 ($132,689.00 )DOLLARS, E
for which payment, well and truly to be made, we find ourselves, our heirs, executors and successors,jointly and severally firmly by these
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presents.
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THE CONDITION OF THE OBLIGATION IS SUCH THAT:
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Whereas,the above-named Principal,has entered into an agrcemeiitwhich is made a part of this bond,witlr the City of San _
Bernardino State of California,as Obligee,for the designated public two
improvements in the subdivision identified as Tract 17699 1=
as required by the Government Code of California. N
*Exhibit A
Whereas,raider the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and o
�o sufficient payment bond with the City of San Bernardino to secure the claims C
to which reference is made in Title 3(commencing with Section 9000)of Part 6 of Division 4 of the Civil Code of the State of California, V
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Now,therefore,said principal and the undersigned,as surety,are held firmly bound unto the City of San Bernardino M
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and all contractors,subcontractors,laborers,materiabnen and other persons
employed in the performance of the aforesaid agreement and reterred to in the aforesaid Code of Civil Procedure for material furnished or labor =
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay m
the sane in an amount not exceeding the penal sum hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition
to the penal stun thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by City of R
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San Bernardino in successfully enforcing such obligation,to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies;and corporations M
entitled to file claims under Title 3(commencing with Section 9000)of Part 6 of Division 4 of the Civil Code,so as to give right of action to a
thorn or their assigns in any suit brought upon this bond. 0
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Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain =
in full force and effect.
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The Surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such Q
change,extension,alteration or addition.
in witness whereof,this instrument has been duly executed by the principal and surety above named,on _July 11,2014
PRINCIPAL: SURETY: D ety and Indemnity Company
Kristine ,learman Attorney-' -Fact
Attorney-in-Fact
ID-1093(CA)Subdivision Labor and Material Bond(REV.11/12)
Packet Pg.48
_ EXHIBIT A
CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING
COST ESTIMATE
ON SITE iMPROVEMENTS(PRIVATE AREA)
REVISED: JULY 15, 2009
Planning Case# 0
Developer: Frontier TM No./PM NO.: 6 17699
0
Engineer: Transtech Date: 06!24!14
Phone No: 909-384-7464 I V20
Drawing No; UNIT COST AMOUNT
ITEM QUANTITY UNIT
481 LF $16.27 7,825.87
Curb and Gutter LF $13.02 $17 277.54 m
1327 E
Planter curb 2501 SF 8.66 $21,708.68
v
Ribbon utter 8315 SF $5.42 $45,067.30 2
Walkwa s SF $7.59 $0.00 0.
Residential DWY SF $g qg $0.00 0:
Commercial DWY SF $3.25 $66,905.00
26740 $0,00 °T
AC or PCC avement LF $268.58
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$0.00
48"RCP LF $237.59 °'
206.60 1 $0.0$0.00 Cs
42"RCP
LF a'
0911.fi
36"RCP LF 0
30"RCP LF $144.62 $0.00 0,
24"RCP 939 LF 25.00 $23,475.00
P-Ditch D-75 Count Std. EA $325.40 $0.00
Parkin lot drain Std.402 LF 26.03 $0.00
Chain link fence EA $5 965,56 0.00
$ F-
Catch basin EA $2 711.63 $0.00 N
N
Concrete collar LF 54 23 $0.00
Mr A 6' arden wail LF $59.66 $3,9$ .0 _o
67 $0.00
T Retainin wall LF $97.62 ty
4'Retainin wall LF $108,47 $0.00
5'Retainin wall LF $135.58 $0.00
6'Retainin wall LF $216.93 $0.00
8'Retainin wall LF 75.93 $0.00
$0.00 �
Sewer main EA 5 423.25 =
732.14 $0.00
Manholes EA m
Clean-Out EA $2711.63 $0.00 7t-
all structures EA $6,507.90 $0 a,
Trash enclosure SF $8.14 $0.00
PCC Pavement 260 LF $,1240 $3224.00
4"Sewer tateral on-site 896 LF $14.46 S12.956-16 =
000-0 42,000.00 2
6"Sewer lateral on-site 42 EA $1 800,00 0
Curb Ram s 3 EA $300.00
I $265,336.77 M
Install St n
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On-site Total
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page 5of6
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Packet Pg.49
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)2 63.3300
INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND
hereby make,constitute and appoint:
'""Charles P.Swan,Gerry Lewis,Andrew J.Shaker,Kristine L. Clearman,jointly or severally"'
as their true and lawful Attorney(s)-in-Fact,s make,full powereaindrauthon'ty to do aged torperform every act acft o Iecessaryrequisite or prorper to be done n connection ection therewith as each of
ship giving and granting unto said Atto y()
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney($)in Fact,pursuant to ese presents,
are hereby ratified and confirmed.
d
This Power of Attorney is granted and s signed
COMPANY OF er and RN1AheNec6ve as
January 1st 2008.adopted by the respective Boards of Directors of DEVELOPS SURETY
AND INDEMNITY COMPANY and IN
RESOLVED,that a combination of any two of the Chairman of the Boeardd,the president,Executive
the Vice-President.namedSe for Power of Attorney to execu er on behalf the
of the
corporations be,and that each of them hereby is,authorized to execute this Po
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,authonzed IX
to attest the execution of any such Power of Attorney; a
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 E
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Power of Attorney or certifcate hearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking C
hich it is attached.
or contract of suretyship to w
IN WITNESS WHEREOF,DEVELOPERS SURETY AND 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.
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AND
..N,. SPAY OR
Daniel Young,Senior Vice President/ •'�? OCL F = z ? 4 j0yr N
w 10 ? # OCT,fi Q N
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By, i t o�k L 19 3 fi ` O p 1967
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reggN:O icePresidenl JO1WA,. �a, yi �<IfiOP O
State of California
County of Orange o
Gina L,Garner Notary Public - °Q
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On Ma 23 2013 _ before me, Here Insert Name and Title of the Officer
Date
Daniel Youn and Gr N.Okura c
personally appeared -- -- —�` Name(s)of Signer(s) 0
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--- who proved tome on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to
the within instrument and acknowledged tome that helshefthey executed the same in hismerRheir authorized
,a.w. capacity(ies),and that by hisfierhheif signature($)on the instrument the person(s),or the entity upon behalf of
}
GINA L QARNER which the person(s)acted,executed the instrument.
COMM.#2021213 L
NOTARY PUBLIC CALK RIdIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 0
�5 true and correct. it
ORANGE CO1N111! it
tN Comm. M8 1fj,
WITNESS my hand and official seal.
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Piave Notary Seal Above Signature E Gina L.Gamer,Notary Public �
CERTIFICATE v
TY The undersigned,as Secretary or Assistant Secretary of not ELOPERS SURE
and,fu D etrmo a that COMPANY prow sio sr oINDEMNITY e resolutions ono of the respective
Boards of Directors of Q
certify that the foregoing Power of Attorney remains in full
said corporations set forth in the Power of Attorney are in force as of the date of this Ceirtlf sate,
This Certificate is executed in the City of Irvine,California,this 1_1 day of ju x y
2014
By:
Mark J.Lansdon,Assistant Secretary
ID-1380(Rev.05113)
Packet Pg. 50
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STATE OF CALIFORNIA
COUNTY OF '�'�� `�Xn i�no
On �before me,
(here insert name and title of the o �cer�
_ 1\`
personally appeared �Q I
who proved to me on the basis of satisfactory evidence ieothbt person
same n
subscribed to the within instrument and acknowledged to
on the instrument the person, or the r
his/q, authorized capacity,thed Person bated,execu d the instrument.
entity upon behalf of w
OF PER 3URY under the laws of the State of California that the
I certify under PENA LTY w
foregoing paragraph is true and correct.
B.LOVETT c
Commission # 1985218
WITNESS my hand and official seal. a:;,� E
Notary Public -Calltornla
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z San Bernardino County a �'
My Comm.Expires Jul 15,2416
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(SEAL)
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Bond No.3890205
Issued in Triplicate Originals Premium:$389.00 Two Yr Term
SUBDIVISION COMPLETION BOND
We, FH II,LLC a California Limited Liability Company,as Principal,and Developers Surety and
Indemnity Company,a corporation,duly admitted to conduct business as a corporate surety in the State of
California,as Surety,are held and firmly bound unto the City of San Bernardino,as Obligee,in the penal
sum of Thirty-two Thousand,Four Hundred Twenty-Eight and no/100 Dollars,($32,428.00 )for which
payment,well and truly to be made,we bind ourselves,our heirs,successors,and assigns,firmly by these
presents. m
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THE CONDITION OF THE OBLIGATION IS SUCH THAT:
o.
A. As a condition to the approval of FH I1,LLC a California Limited Liability Company—Tract
17699,Principal has agreed to install and complete certain improvements as described in the =
attached exhibit A;and
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B. The Principal is required to furnish a sufficient bond to guaranty the construction of the Public �
Improvements. Q
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NOW,THEREFORE,if the Principal faithfully constructs or causes the construction of the Public
Improvements and shall secure the final approval thereof from the Obligee,this obligation shall be void,
otherwise to remain in full force and virtue,subject to the following conditions: U
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1. Default.If the Principal fails to complete the improvements within the time allowed by the N
Obligee, Surety will,within 45 days of receipt of the Obligee's Declaration of Default:
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(a) Deliver its written commitment to take over and cause the work to be performed to the O
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satisfaction of the Obligee within a reasonable schedule agreed to between Obligee and the
Surety;or C
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(b) Tender the amount reasonably necessary to carry out the Public Improvements.In no event, .a
however,shall the amount tendered exceed the penal sum stated above or the reduced penal c
sum granted by the Obligee as set forth in Section 2. ap
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(c) If funds are tendered to the Obligee,they will be used solely to complete the Improvements.
Upon completion of the Public Improvements,any remaining funds will be returned to the E
Surety,without interest. o
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2. Partial Release of Security.Principal may apply for no more than three partial releases of (-
security.
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(a) No reduction of the security will be authorized until the work is determined to be no less than c
25%complete. Any subsequent partial release will be considered only when work is
determined to be 50%complete and in no event will the security be reduced to less than 25%
of the original amount. r
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(b) In all applications for partial release of security,the percentage of completion must be
certified by the engineer of record for the project and verified by the Engineer.
(c) The Engineer may, in his absolute discretion,deny or adjust any application for partial
release of security if it is determined that after the reduction requested the balance would be
insufficient to carry out the remaining improvements.
Packet Pg. 52
3. Completion and Final Acceptance.Upon completion of all the work covered by this Agreement
and upon the Obligee authorizing a written Notice of Acceptance,the Obligee will release all hold
and any claims to the security posted.
4. Continuous in Forrn.This bond is continuous in form and will remain in full force and effect
until the first to occur of the following:
(a) The Improvements have been completed and accepted by the Obligee.
(b) The written release and surrender of this bond by the Obligee. (D
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a)
5. Surety's Waiver. Surety waives notice of any extension of time allowed for completion of the V
Improvements. Q
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6. Rights Exclusively for Obligee.No right of action shall accrue hereunder for use or benefit of
any party or entity other than the Obligee,The rights and obligations under this bond are for the °'
exclusive benefit of the Obligee and may not be assigned,hypothecated or transferred for any m
purpose unless consented to,in writing,by Surety and Principal.
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Witness my hand and seal this I 1°`day of July,2014 a°'.,
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PRINCIPAL SURETY ,
Develo ers Surety and lndem Company
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By: - By: _
Kristine L Clearman Attorney-in-Fact o
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14
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,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
hereby make,constitute and appoint:
"'Charles P.Swan, Gerry Lewis,Andrew J. Shaker, Kristine L.Clearman,jointly or severally—
as their true and lawful Attorney(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 Altomey(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,
are hereby ratified and confirmed.
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 DEVE1nOPERS SURETY E
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. a)
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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 Q
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the aftorrney(s)named in the Power of Attorney to execute,on behalf of the a)
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;
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 ai
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
or contract of suretyship to which it is attached.
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. r
By: _ 1 �qy' AN 1)IN�o, �pPANYO rLe
Daniel Young,Senior Vice President L!% 'yJ��OSpOR q j F� .,, ��V O�POR11 y cat
cm
�1! L W S � ? OCT.6 �� A
By' �0% 1936 ;ar iu 1967 _
regg N.0 rce President =>�,ti 0, a; p �\P Q
�`%��0'°r�;N.�'•''��d' � (/POP � U
State of California
County of Orange
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On May 23,2013 before me, Gina L.Garner Nolary Public c?
Date Here Insert Name and Title of the Officer .a
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personally appeared_ Daniel Y_oun and Gregg N.Okura _ 0
Name(s)of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person(s)whose flame(s)is/are subscribed to E
the within instrument and acknowledged to me that helshelthey executed the same in hislherRheir authorized `p
capacty(ies),and that by histherhheir signatures)on the Instrument the person(s),or the entity,upon behalf of
GINA L.GARNER � which the person(s)acted,executed the Instrument, d
COMM.4 2021213 0
NOTARY PUBLIC CAUFORNIA I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is
ORAWE GCII)►l tv r� true and correct. J
my Comm. Ma 18.20J7
WITNESS my hand and official seal, � 00
Place Notary Seal Above Signature _ �_ t
Gina L.Gamer,Notary Public
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 of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 11. day of Jill I y 2014
By.
,- Mark J.Lansdon,Assistant Secretary
ID-1380(Rev.05/13)
Packet Pg. 55
*,•1 .
STATE OF CALIFORNIA
COUNTY OF nn`bxrcArdmc>
On , o l+before me, �, �-d11��) Q 10+611 l 1� L11,c,,
(here insert name and title of the 4ffictr)
personally appeared ro u-n K'/0 w_._
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/sye executed the same in
his/h/r authorized capacity, and that by his/h/r signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
a�
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
a
WITNESS my hand and official seal. O.t.OVETT
Commission # 1985218 E
Z �+� Notary Public-California z L
'' San Bernardino County Q
My Comm.Expires Jul 15,2016 Signature-
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(SEAL)
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INSCO INSURANCE SERVICES, INC.
insc�ico
Underwriting Manager for:
(�( �p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch,Suite 200•Irvine,California 92614•(949)263-3300
sued in Triplicate Originals www.lnscoDico.com
BOND NO. 389019S
$ 100.00 premium is for a
term of Two year(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
E
KNOW ALL MEN BY THESE PRESENTS,THAT WHEREAS, FH II, LLC a California Limited Liability Company
a
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hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Tract 17699
and WHEREAS, all monuments have not yet been set in the positions noted in aa)
the proposed Final Subdivision Map for said subdivision, m
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NOW,THEREFORE,we the subdivider as Principal, and the Developers Surety and Indemnity Company Q
17771 Cowan,Ste 100, Irvine,CA 92616 a'
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(Legal Title and Address of Surety) rtO-
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as Surety, are held and firmly bound unto the City of San Bernardino
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in the sum of Four Thousand Seven Hundred Dollars and N
No/100 ($ 4,700.00 ) N
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, c
' our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any e
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for v
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq.,then said Surety will o
pay the same in an amount not exceeding the amount hereinabove set forth. 00>
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and c
all persons,companies, and corporations entitled to file claims against it,pursuant to Government Code Sec.66497. o0p
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Should the condition of this Bond be fully performed, then this obligation shall become null and void,otherwise it
shall be and remain in full force and effect.
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And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration
or addition to the terms of the Agreement or Contract,or to the work to be performed thereunder, shall in any way 0
affect its obligations on the Bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terms of the Agreement or Contract.
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IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on July 11 ,20 14
a
Principal Surety
Developers Surety and Indemnity Company
cry—.
By: By:
Kristinef Clearman
Attorney-In-Fact
ID-1416(CA)(7101)
Packet Pg. 57
5.D.e
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POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,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
hereby make,constitute and appoint.
""'Charles P,Swan, Gerry Lewis,Andrew J.Shaker,Kristine L.Clearman,jointly or severally—
as their true and lawful Attorney(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 Attorney(s)-in-Fact full power and authority to do and to perform every act necessary 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.
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. E
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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
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
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corporations,bonds,undertakings and contracts of suretyship;and that the Secretary of any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized 1%
to attest the execution of any such Power of Attorney; w
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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 E
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 aa)i
or contract of suretyship to which it is attached.
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IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by rn
their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. �y
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By: �i1 ,,. �
..........rea, NO,, GO�,PAN Y�F
Daniel Young,Senior Vice-President `oRp0Rg j�Fb GOV 1?04 9 ~
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OT. { ` z ? OCT.5 Ra r� N
By. re N.0 +ce President "o` 1 9 3 6 3 O 1967 _
Stale of California
County of Orange
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On May 23 2013 ___ before me, _ Gina L.Garner,Notary Public M
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N.Okura
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Name(s)of Signer(s) m
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who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to
the within instrument and acknowledged to me that helshehhey executed the same in hisfierRheir authorized
capacity(ies),and that by hislner&efr signature(s)on the instrument the person(s),or the entity upon behalf of
GINA L.GARNER which the persons)acted,executed the instrument.
a COMM.#2021218 _
z NOTARY,PUBLIC WIPORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 0
ORANGE COl1Fff/Y true and correct.
j fN cyrntn. Ma 18,20117
WITNESS my hand and official seal E
Place Notary Seal Above Signature U
Gina L.Gamer,Notary Public y
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 of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 11 day of BTU 1 Y , 2014
By:—
Mark J.Lansdon,Assistant Secretary
ID-1380(Rev05113)
Packet Pg. 58
STATE OF CALIFORNIA
COUNTY OF '?,-eXha--J ir,t>
On 14 AW,before me, Al. kQ
(here insea name and title of the o i r)
personally appeared
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/sy executed the same in
his/lr authorized capacity, and that by his/Apt signature on the instrument the person, or the
entity upon behalf of which the person acted,executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
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WITNESS my hand and official seal. s.LOVETT
Commission# 1985218 E
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San Bernardino County L CM
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Issued in Triplicate Originals
Bond No.389018S
Premium: $3184.00 Two Yr Term
SUBDIVISION COMPLETION BOND
We, FH II,LLC a California Limited Liability Company,as Principal,and Developers Surety and
Indemnity Company,a corporation,duly admitted to conduct business as a corporate surety in the State of
California,as Surety,are held and firmly bound unto the City of San Bernardino,as Obligee,in the penal aEi
sum of Two Hundred Sixty-Five Thousand,three hundred thirty-seven and no/100 Dollars.M65,337_) cvo
for which payment,well and truly to be made,we bind ourselves,our heirs,successors,and assigns,firmly w
by these presents.
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THE CONDITION OF THE OBLIGATION IS SUCH THAT: E
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A. Asa condition to the approval of FH II,LLC a California Limited Liability Company--- ract ar
17699,Principal has agreed to install and complete certain improvements as described in the Q
attached exhibit A;and
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B. The Principal is required to furnish a sufficient bond to guaranty the construction of the Public
Improvements.
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NOW,THEREFORE,if the Principal faithfully constructs or causes the construction of the Public n
Improvements and shall secure the final approval thereof from the Obligee,this obligation shall be void,
otherwise to remain in full force and virtue,subject to the following conditions:
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1. Default.If the Principal fails to complete the improvements within the time allowed by the
Obligee, Surety will,within 45 days of receipt of the Obligee's Declaration of Default: M
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\rah (a) Deliver its written commitment to take over and cause the work to be performed to the
satisfaction of the Obligee within a reasonable schedule agreed to between Obligee and the
Surety;or
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(b) Tender the amount reasonably necessary to carry out the Public Improvements. In no event, r_
however,shall the amount tendered exceed the penal sum stated above or the reduced penal a
sum granted by the Obligee as set forth in Section 2. .a
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(c) If funds are tendered to the Obligee,they will be used solely to complete the Improvements. m
Upon completion of the Public Improvements,any remaining funds will be returned to the 0
Surety,without interest.
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2. Partial Release of Security.Principal may apply for no more than three partial releases of E
security. U
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(a) No reduction of the security will be authorized until the work is determined to be no less than inn
25%complete.Any subsequent partial release will be considered only when work is
determined to be 50%complete and in no event will the security be reduced to less than 25%
of the original amount.
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(b) In all applications for partial release of security,the percentage of completion must be
certified by the engineer of record for the project and verified by the Engineer. E
(c) The Engineer may,in his absolute discretion,deny or adjust any application for partial
Q
release of security if it is determined that after the reduction requested the balance would be
insufficient to carry out the remaining improvements.
Packet Pg.60
3. Completion and Final Acceptance.Upon completion of all the work covered by this Agreernent
and upon the Obligee authorizing a written Notice of Acceptance,the Obligee will release all hold
and any claims to the security posted.
4. Continuous!it Forin.This bond is continuous in form and will remain in full force and effect
until the first to occur of the following:
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(a) The Improvements have been completed and accepted by the Obligee.
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(b) The written release and surrender of this bond by the Obligee.
5. Surety's Waiver. Surety waives notice of any extension of time allowed for completion of the E
Improvements,
6. Rights Exclusively for Obligee.No right of action shall accrue hereunder for use or benefit of
any party or entity other than the Obligee.The rights and obligations under this bond are for the (M
exclusive benefit of the Obligee and may not be assigned,hypothecated or transferred for ally
put-pose unless consented to,in writing,by Surety and Principal.
Witness myliand and seal this 11"'day of July,2014
C*4
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PRINCIPAL SURETY
Developers S ideirinity Company 0
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By: BY: 00
Kristine L Clearman Attorney-Mt Tact
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. 5.D.f
+ POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)2113-3300
14=W KNOW ALL 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***
c
a:
as their true and lawful Attorney(s)-in-Facl,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety. E
ship giving and granting unto saidAltomey(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 0
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Altorney(s)•in•Fact,pursuant to these presents, M
are hereby ratified and confirmed. C
fY
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.
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RESOLVED,that a combination of any two of the Chairman of the Board,the President,ExeeuUVe Vice-President,Senior Vice-President or any Vice President of the aa)
corporations be,and that each of them hereby is,authorized to execute this Power of Atlomey,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the ar
corporations,bonds,undertakings and contracts of suretyship;and[hat 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; ay
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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 r
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 v
or contract of suretyship to which it is attached.
to
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W WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents lobe signed by N
[heir respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013. CV
By: ll 47,�t„ ,�y ANtl 7y',. PANY 0
Daniel Young,SeniorVice-President 'JQ. '•p0R4;1%' C�� PO �'O V
�l� rxf OCT. F ;t: O c�9t o
W t0 {` z OCT,5 n ao
6y, regg N.0 rce-President _ �pj`:
119 3 6 .10,3 O 1967 Ve
State of California *'' � ,;°' U
County of Orange
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On May 23,2013 before me,_ Gina L.Garner Notary Public 0
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Date Here Insert Name and Title of the Officer t
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personally appeared _ Daniel Young and Greg q N.Okura
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Name(s)of Signer(s) =
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who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to 0
the within instrument and acknowledged to me that helshehhey executed the same in hislherAheir authorized
capacity(ies),and that by his/herltheir signature(s)on the instrument the person(s),or the entity upon behalf of
@my GINA L.GARNER which the person Q E s)acted,executed the instrument.COMM.#202121 a E NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is 0 GRANGE COLUtY true and correct.Comm.OXOM May 18,2017 It 2
WITNESS my hand and official seat � ���`��"`� •�
Place Notary Seal Above Signature
Gina L.Gamer,Notary Public v
CERTIFICATE
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The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby ar
certity 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 E
said corporations set forth in the Power of Attorney are In force as of the date of this Certificate. v
This Certificate is executed in the City of Irvine,California,this 11 day of July 2014 Q
By.
\rte Mark J.Lansdon,Assistant Secretary
I0-1380(Rev05/13)
Packet Pg. 62
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STATE OF CALIFORNIA
COUNTY OF
00
On �b q '3i , efore me, 61 . n66 lc
(here insert name and title of the o is r)
personally appeared k 6h rte[ m�—\t6 I J
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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/s06 executed the same in Q
his/lAr authorized capacity, and that by his/h/r signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. a
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WITNESS my hand and official seal. G.t avETr
�, Commission # 1985218 r
z ..:� � Notary Public•California z
San Bernardino County
GrY�`' My Comm.Expires Jul 15,2016 C14 Signature: N
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' EXHIBIT A
CITY OF SAN 13ERNARDINO-PUBLIC WORKS!ENGINEERING
COST ESTIMATE
ON SITE IMPROVEMENTS (PRIVATE AREA)
REVISED: JULY 15, 2009
Developer: Frontier Planning Case# 0
Engineer: Transtech TM No./PM No.: TR 17699 :r
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Phone No: 909-384-7464 Date: 0612 4114 E
Drawing No: 11720
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UNIT COST S4
ITEM QUANTITY UNIT AMOUNT
Curb and Gutter 481 LF $16.27 7,825.87
Planter curb 1327 LF $13.02 $17,277.54 =
Ribbon utter 2501 SF $8.68 $21,708.68 E
Walkways 8315 SF $5.42 $45,067.30 L
Residential DWY SF $7.59 $0.00
Commercial DWY SF $9.76 $0.00
AC or PCC pavement 26740 SF $3.25 $86,905.00
48"RCP LF $288.58 $0.00 r
42"RCP LF $237.59 $0.00
36"RCP L $206.60 $0.00
30"RCP LF $175.61 $0.00 N
24"RCP LF $144.62 $0.00 N
P-Ditch D-75 Count Std. 939 LF $25,00 $23.4 5.00 a
Parkin lot drain Std.402 EA $325.40 0.00
Chain link fence LF $26.03 $0.00 0
Catch basin EA $51965.56 $0.00 0
Concrete collar EA $2,11163 0.00 M
O'garden wall LF $54,2 3 $0.00
3`Retainin wall 67 LF $59.66 $3,997.22
4'Retaining wall LF $97,62 $0.00
5'Retalnln wall LF $108,47 $0.001 E
6'Retalnln wall _ LF $135.58 $0.00 o
8'Retaining wall _ LF 216.93 $0.00
Sewer main LF
75.93 $0.00 °T
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EA 5 423.25 $0.00
Clean-out
Manholes -a
EA $732.14 $0.00 c
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Headwall structures
EA $2,71,1.63 $0.00 m
EA $6,5037.90 $0.00
Trash enclosure o
PCC Pavement SF $8.14 $0.00
4"Sewer lateral on-slte 260 LF $12.40 $3,224A0
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6"Sewer lateral on-site 896 LF $14.46 $12,9 6.16 E
Curb Rams 421 EA $11,0DO-001 42 000.00 v
Install Sin 31 EA $300.20 $900.00 0
On-site Total $265,336.77 N
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Name Page 5 of 6
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Packet Pg. 64
INSCO INSURANCE SERVICES, INC.
'n5C%1co Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(800)-782-1546
www.inscoDico.com
o co.com
I
WARRANTY BOND
Issued in Triplicate Originals
Bond No. 3890185 -Premium Incl
Effective Date: 7/11/14
KNOW ALL PERSONS BY THESE PRESENTS:
Y
THAT we,FH 11,LLC a California Limited Liability Company
as Principal,
and Developers Surety and Indemnity Compan a corporation organized and doing business under E
and by virtue of the laws of the State of California and duly licensed to conduct surety cvc
business in the State of California as Surety,are held and firmly bound unto m
City of San Bernardino
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as Obligee,in the stun of Sixty-Six Thousand Three Hundred Thirty-Five and no/100 Q
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($66,335.00 )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. +,
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THE CONDITION OF THE OBLIGATION IS SUCH THAT: N
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WHEREAS,the above named Principal entered into an agreement or agreements°%vith said Obligee to: o
Street Improvements for Tr act 17699
699
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*See Exhibit A w
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WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described =
mtherein for a period of One year(s);
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NOW,THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason CU
_
of any defective materials or workmanship which become apparent during the period of One
year(s)from the effective date of this bond,then this obligation shall be void;otherwise to remain in full force and effect.
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IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name m
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
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this 11th day of July 2014
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"� ------•�"�"�'� Developers Sure pan
(Principal) (Surety)
BY:
Kristine L Clearman I '; . Attorney-in-Fact
ID-1799(Warranty-No Performance)(5/10)
Packet Pg.65
n
EXHIBIT A
CITY OF SAN BERNARDINO-PUBLIC WORKS t ENGINEERING _
COST ESTIMATE
ON SITE IMPROVEMENTS (PRIVATE AREA)
REVISED, JULY 15, 2009
Developer: Frontier Planning Case# 0
Engineer: Transtech TM No./PM No.: TR 17699
Phone No: 909-384-7464 Date: 06124/14
Drawing No: 11720
UNIT COST
ITEM QUANTITY UNIT AMOUNT
Curb and Gutter 481 LF $16.27 7 825.87
Planter curb 1327 LF $13.02 $17,277.54
Ribbon gutter 2501 SF $8.68 $21,708.68 E
Walkways 8315 SF $5.42 $45,067.30
Residential DWY SF $7.59 $0.00 ca
Commercial DWY SF $9.76 $0.00
AC or PCC pavement 26740 SF $3.25 $86,905.00 �
48"RCP LF $268.58 $0.00
42"RCP LF $237.59 0.00 E
36"RCP L 206.60 $0.00
30"RCP LF $175.61 $0.00 Q
24"RCP LF $144.62 $0.00
P-Ditch,D-75 Count Std. 939 LF $25.00 $23,475.00
Parking lot drain Std.402 EA $325.40 0.00
Chairs link fence LF 26.03 0.00
Catch basin EA $5,965.58 $0.00
AWN& Concrete collar EA $2 711.63 $0.00 ~
6' arden wall LF 54.23 $0.00 N
T Retaining wall 67 LF 59.66 $3,997.22
4'Retaining wall LF $97.62 $0.00
5'Retaining wall LF $1108.47 $0.00 °
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6'Retainin wa11 _ LF $135.58 $0.00
8'Retaining wall - LF $216.93 $0.00 co
Sewer main LF 75.93 $0.00
Manholes EA $5,423.25 $0.00 .a
Clean-out $732,14 $0.00 0
Headwall structures EA $2 711.63 $0.00 m
Trash enclosure EA $6,507.90 $0.00 r
PCC Pavement SF $6.14 $0.00 L
4"Sewer lateral on-site 260 LF $12.44 $3,224.00
6"Sewer lateral on-site 896 LF $1456 $12256.1 8 3:
Curb Rams 421 EA 1 $1,000.00 $42,000.00
Install Sin 3 EA $300.00 $800.00
On-site Total $285,338.77 U
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5.D.g
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,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
hereby make,constitute and appoint:
***Charles P.Swan,Gerry Lewis,Andrew J. Shaker, Kristine L. Clearman,jointly or severally'
as their true and lawful Attorneys)-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 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
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.
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. _
CD
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President of any Vice President of the E
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the atforne s named in the Power of Attorney to execute,on behalf of the ty
P Y Y q ty 9 Y( ) Y M
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or anyAssistant Secretary of either of the corporations be,and each of them hereby is,authorized Q
to attest the execution of any such Power of Attorney; ar
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 E
or contract of suretyship to which it is attached. m
O
IN WITNESS WHEREOF,DEVELOPERS SURETY AND 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. d
u,c�/ c0
By: Ol�� ,0.',j AND / '''•• MPANY r
Daniel Young,Senior Vice-President oy,Q;;apORgN�Fq:4 AGO PPOR�� U
r .,y: 0
a d OCT. I��'y Z `-0 OCT.ti n F-
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10 :
1967
By. regg N.0 ice-President O>t 19 3 6 r 3or P N
Slate of California •''•� *� ��,•'°� O
County of Orange * 0
On May 23,2013 before me, Gina L.Garner Norm Public _ o
Date Here Insert Name and Tide of the Officer M
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personally appeared _ Daniel Young and Gregg N.Okura
Name(s)of Signer(s) _
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who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to
the within instrument and acknowledged to me that helsheRhey executed the same in hishrerhheir authorized
capacity(ies),and that by histher/their signalure(s)on the instrument the person(s),or the entity upon behalf of `
GINA L.GARNr:R which the person(s)acted,executed the Instrument. CU
CS) COMM.#20211213 5
NOTARY PUBLIO CAIJFOP W I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is =
ORWE COOf'I'Y true and correct.
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WITNESS my hand and official seal. ,
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Place Notary Seal Above Signature
Gina L.Gamer,Notary Public
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
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 11day of July 2014
3y:— 'i�
Mark J.Lansdon,Assistant Secretary
ID-1380(Rev.05113)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§1189
State of California
County of Los Angeles
On 7/11114 before me, Charles P Swan
Date Here Insert Name and Title of the Officer
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personally appeared Kristine _L Clearman U
Name(s) of Signer(s) C
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who proved to me on the basis of satisfactory CD
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
CHARLES P.SWAN his/her/their signature(s) on the instrument the
COMM.0 1960209
NOTARY PUBUC.CALIFORNIA 2 person(s), or the entity upon behalf of which the u
LOS ANGELES COUNTY person(s)acted, executed the instrument.
19�MY Comm.ExPires FEB.2J,2016 t-
1 certify under PENALTY OF PERJURY under the laws CN
•%.r of the State of California that the foregoing paragraph =
is true and correct. a
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WITNESS my hand nd official seal. ca
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Place Nota Seal Above Signature: 00
Signature of Notary Public ==
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fraudulent reattachment of this form to an unintended document. >.
Description of Attached Document L
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Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s) U
Signer's Name: Signer's Name:
❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): Q
• Partner— ❑ Limited ❑General ❑ Partner— ❑ Limited ❑General
• Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
•Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
O 2013 National Notary Association •www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-6827) Item #5907
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STATE OF CALIFORNIA
COUNTY OF na kI d h
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On � 1 ,a01 ,before me, C1• VC t� II G
I (here inse name and title of the o ice)
personally appeared �t tY' u.t1 qQW
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 helXe executed the same in
his/h/r authorized capacity, and that by his/hA signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the E
foregoing paragraph is true and correct.
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WITNESS my hand and official seal. �.I ovErr
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