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HomeMy WebLinkAbout22-Development Services ORIGlNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No: 11.03; TR 16509 Subject: Resolution approving Final Map for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Final Map for Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel. From: James Funk, Director Dept: Development Services Date: August 15, 2005 MCC Date: 09-06-05 Synopsis of Previous Council Action: 04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. 10/04/04 Resolution No. 2004-306 adopted approving Final Map for Tract No. 16509-1 (lots 1 through 31) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel. 05/16/05 Resolution No. 2005-114 adopted approving Final Map for Tract No. 16509-2 (lots 32 through 59) and Final Map for Tract No. 16509-3 (lots 60 through 73) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel Recommended Motion: Adopt Resolution. tt,k Contact Person: Mike Grubbs. EnQ ManaQerlField EnQineer Supporting data attached: Staff Report, Reso & Maps Phone: 5]79 5 Ward: FUNDING REQUIREMENTS: Amount: N/ A Source (Acct. No.) N/A (Acct. Description) N/ A Finance: Council Notes: 'k:..J;{)lJ dfX-o - :lqCJ . 11C1lo) Agenda Item No. d.d- . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Final Map for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Final Map for Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel. Back2round: On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which consisted at the time of 160 single family residential lots located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel. This tentative tract was approved for a period of two years. On October 7, 2003, the Planning Commission approved Minor Modification No. 03-07 to Tentative Tract No. 16509, clarifying the acreage of the Tentative Map. On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing the total number of single family residential lots to 157. Of these lots, 150 are proposed to be developed in upscale single family residential houses. On April 19, 2005, the Planning Commission approved an amendment to Tentative Tract No. 16509, increasing the developable lot count to 166 and approved a general plan amendment to change the land use designation of lots 160 through 165 to commercial use (CG-l). Lots A through 0 will be created and reserved for open space and park purposes. Lot A, which contains 2.38 acres and Lot 0, which contains 1.31 acres, will be developed as neighborhood parks. Lot A is centrally located in the development and a trail will interconnect the park with the open space lots B through N. Lot 0 is at the northeasterly corner of Campus Parkway and Kendall Drive and will be improved by the developer as a neighborhood park. A Landscape Maintenance District 'will maintain the open space lots and the parks, and the cost of the maintenance will be spread among all the owners in Tract No. 16509. The Subdivider notified the Department of its intention to file multiple final maps based on the approved tentative map. The proposed phasing plan has been reviewed by staff and it provides for construction of improvements as required to constitute a logical and orderly development of the entire subdivision. The phasing is planned as follows: Unit 1 - Lots 1 through 31 (Houses under construction). Unit 2 - Lots 32 through 59 (Infrastructure nearing completion). Unit 3 - Lots 60 through 73. Unit 4 - Lots 74 through 90. Unit 5 - Lots 91 through 105. Unit 6 - Lots 106 through 150 Unit 7 - Lots 151 through 157. 2 . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) The final map for Unit 1, Tract No. 16509-1 (lots 1 though 31) was approved on October 4, 2004. The final maps of Units 2 and 3, Tract Nos. 16509-2 (lots 32 through 59) & 16509-3 (lots 60 through 73) was approved on May 16, 2005. Construction of Unit I houses is underway and construction of Unit II houses is expected to commence in the next several months. The improvement and grading plans for the entire tract have been prepared and approved. The rough grading of the entire tract is 95 % completed. The Final Map of Tract No. 16509-4 and the Final Map of Tract No. 16509-5 have been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend that the Final Map of Tract No. 16509-4 and the Final Map of Tract No. 16509-5 be approved. Financial Impact: There is no financial impact to the City. Recommendation: Adopt Resolution. 3 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND . THE DEVIL CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBL,IC DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING EXECUTION OF THE ST ANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council find that proposed Tract No. 16509- 4 (Unit 4 - Lots 74 through 90), a 17-10t, single family, residential subdivision and proposed Tract No. 16509-5, (Unit 5 - Lots 91 through 105), a 15-10t, single family, residential subdivision located on the west side of Northpark Boulevard between University Parkway and 17 the Devil Creek Flood Control ChaIhiel, together with the provisions for their design and 18 19 20 21 22 23 24 25 26 improvements, are consistent with the General Plan of the City of San Bernardino. SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 90-427 with University Park, LLC, for improvements in said two subdivision tracts as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services of the . 27 City of San Bernardino. 28 /Jo, d~ 1/t; /OJ- . . . i7 18 19 20 21 22 23 24 25 26 27 28 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105).... SECTION 3. The Final Map of said two subdivision tracts are hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivisions as shown on said Final Maps for streets, alleys (including access rights), drainage and other public easements. As a condition precedent of approval of the Final Maps, the Subdivider shall first execute the agreements referenced in Section 2 hereof for the improvements within said Subdivisions. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this Resolution. SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND THE FINAL MAP FOR TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)... I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney BY:/~~ tllfI / . 1 2 3 4 5 6 7 8 9 10 11 12 I 13 . 14 I 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 . AGREEl\'IENT (Sllbdi\pision Improvements) THIS AGREEMENT is nlade and entered into 'as of this day of , 2005, by al1d between the CITY OF SAN BERNARDINO, a Municipal Corporation, 11ereinafter referred to as "City," and lTniversity Park" LLC, hereinafter referred to as ~'Subdivider." RECIT AI.JS A. \VH.ERE,AS, Subdivider has presented. to City for approval a final subdivision niap (hereat1er called "Inap") entitled Tract No. 16509-4 (Unit 4 - Lots 74 throllgh 90); and, B. vVlIERE.L~S, the nlap has been filed vv'ith the City for ~'resentation to the City Council (hereinafter called ~'Col1ncil''') of the City for its approval, \vhicl1 map is hereby referred to and incorporated herein; and, C. 'vVHERE.L\S, Subdivider has requested approval of the nlap prior to the construction and completion of improvements, including all streets, higrl\Vays or public ,,\-a),rs and pubiic utility facilities \Vllich are a part of, or appurtenant to, the subdivision (llercinafter called '.subdivision") designated in the map, all in accordance \vith, and as required by, the Plans and Speciticatiolls for all or any of said improvenlents in, appurtenant to, or outside tIle lilnits of subdivision., \;vhich Plans and Specifications are [lOW on tile in the Office of the City Engilleer of the City; and, [l. \VIIERE_AS, Council has approved said n1ap and accepted the dedications ther~in offered, or son1e thereof, on condition that Subdivider tirst enter irlto and execute this Agreelr:ent \vith the City: and, E. \\7HEREAS, This ..A..greement is executed pursuant to the provisions of the Subdivision rvlap Act of the State of California and Titie i9 San Bernardino lVlunicipal Code. II . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications" or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements \vithin (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to conlplete the \vork. 2. \~iork: Places and Grades to be Fixed by EngIDcer. All of said \vork is to be done at the places, of the materials, in the manner, and at the grades, all as sho\vn upon the Plans and Specifications therefor, heretofore approved b)' City Engineer and \vhich are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be \vithin 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engil1eer 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'~ liability on the bond to secure the faithful performance of this Agreement. TIle City Engineer shall be the sole and final judge as to \vhether or not good cause has been shown to entitle Subdivider to an extension. 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case nlay be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case nlay be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deposits - Statement. Subdivider shall file with the City Clerk~ prior to the c'onlmenCetnent of any work to be performed within the area delineated on the map, a \vritten statenlent signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required b:y such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the constnlction of suell improvements, give ~ll necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and "ritle 19 San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement~ or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 . 1 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 9. Inspection bv City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: ( a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvements and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of 9ne (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 If> 17 18 19 20 21 22 23 24 25 26 27 28 . . 11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's COlnnensation Insurance/Emplover's Liability Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's COlnpensation Insurance and Employer's Liability Insurance for all Subdivider's enlployees employed at the site of inlprovement, and, in case any \\'ork is sublet, Subdivider shall require any contractor or subcontractor sinlilarly to provide Worker's Compensation Insurance and Employer's Liability InSllrance for all contractor's or subcontractor's employees, unless such employees are covered b:y the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and 5 . . . 1 2 3 -4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor perfornling work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or SUbCl)ntractor'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 indirectl)F elnplo)'ed by either Subdivider or any contractor or subcontractor, and the amOllnts of such insurance shall be as fo] 10\\'s: (1) Public Liabil ity Insllranc~. In an amount not less than One Million Dollars ($1 ~OOO,OOO.OO) for injuries, illciuding.. ('ut not lilnited to, death, to an)' one person, and, subject to the same limit for each person, in an amount not less than One rvlillion Dollars ($1,000,000.00) on account of anyone occurrence; Product L.iabilit), Insurance coverage should be part of the Public Liability Insurance; (2) Property Dam.age Insurance. In an amount not less than One Million Dollars ($ 1 ,000,000.00) for damage to the property of each person on account of anyone OCCtlrrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 11 insures any entity, person, board or conlmission other than those mentioned in this paragraph, such policy shall contain a standard fonn of 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage" albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made'" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to co'ver a period of one (1) year from completion of the project. All subcontractors must and sllall comply with the same insurance provisions as the contractor(s) and subdivider{s ). (4) Personal Injury - Defined. As used herein, the ternl '''personal injury" shall be defined as a hutt or damage to one "s person irlcluding, \vlthout linlitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently \vith the execution hereof, with satisfactoI)' evidence of the insurance required, and ev_~dence that City is named and endorsed on the policy as an additional insured. Subdi vider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction ,.., I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 . . in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, clainls, liens, demands aIld cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs~ attonley's/legal fees, and all other expenses incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or danlages to property (illcluding property of the City) and \vithout limitation by enl!meration, all other claims or delnands of eveI)' character occurring or in any vlay incident to, in connection \vith or arising directly or indirectly~ (including frOITl the negligent performance by its officers" employees, agents) from the tem1S of this Agreement, \vhether such operations/incidents are caused by contractor, Subdi,rider or any of contractorISubdi'vider's subcontractors, contractors or by anyone or nlore persons directly or indirectly employed by or acting as agent for c011tractor, Subdivid~r, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/De~TeJoper even if the claim or clainls alleged are groundless, false or fralldulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at la\\' or in equit~y for danlages caused, or alleged to have been caused, by reason of any of the aforesajd operations, provided as follo\vs: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 . . acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind sllffered, or alleged to ha\le been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such danlages or claims for damages. This provision is not intended to create an)' cause of action in f3\'Or of any third party against Subdivider/Developer or the City or to enlarge in any" way the Subdivide-r's/Developer's liability but is intend~d solely to provide for inderrlnificatjon of the City from. liabilit). for damage or injuries to third persons or property arising fronl Subdivider/Developer's performance hereunder. 14. Title to ImprovemeIit~. Title to~ and o\\:nership of, ali imIJfOvements constnlcted hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improven1ents b)r City. 15. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or pa11 of any stnlcture furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, \\'ithout delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory pa11 or parts of the ~'ork or structure. ShOllld Subdivider fail to act 9 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdi\iider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection \'Iith the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering iIlspections and other services connected with the City in regard to the subdi"rision. Said fees shall be paid prior to comJnencing any construction. 18. Notice of Breach and Default. If Subdividl'r refuses or fails to obtain prosecution of the work, or any severable part thereof, with stIch diligence as will insure its completiorl \vithin the time specified, or any extensiol1s thereof. or fails to obtain completion of said work within such time, or if the Subdivider 'shouid be adjudged a ban~~pt.. or Subdivider should make a general assignment for the benefit of Subdivider"s creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, ShOllld violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or ofan:y portion thereof, and default of Subdivider. 19. Breach of Agreement: Perfonnance by Surety or City. In the event of any SUCll notice~ Subdivider's surety shall have the duty to take over and complete the work and the inlprovement herein specified; provided, ho\\tever, that it the surety, \vithin five days after the 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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 thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in conlpletillg the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 20. Notices. All notices herein required shall be in ,vriting, and delivered in person or sent by' registered mail, postage prepaid. (a) Notice~ required to be given to City slIall be addressed as follo\\'s: City Adnlinistrator Cit.y Hali 300 North "D" Street San Benlardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: University Park, LLC 101 Main Street, Suite A Seal Beach, CA 90740 (c) Notices required to be given to surety of Subdivider shall be addressed as follo\vs: Pro~ided that any party or the surety Inay change such address by notice in writing to the other party, and, thereafter, notices shall be addressed and transmitted to the new address. 11 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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. II II 12 . 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . AGREEMENT (Subdivision Improvements) IN WITNESS WHEREOF, the parties hereto have exe'cuted this Agreement of the day and year first above written. ATTEST: City Clerk CITY OF SAN BERNARDINO By: Approved as to form and legal content: Judith Valles, l\layor City of San Bernardino JAMES F. PENMAN, City Attorney, BY:~ SUBDIVIDER: Uni\rersity Park, LLC 13 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the subdivider is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be notarized. ST A TE OF CALIFORNIA ) ) ss. ) ....,.-/ ./ COUNTY OF On this day of undersigned, a Notary Public in and for sai , 20_~ before nle, the ounty and State, personally appeared - personally know to me (or prove 0 me on tIle basis of satisfactoryp evidence) to be the President, and __ personally known to me ( or proved to ~ on the basis of satisfactory evidence) to be the of the corporation that executed the \vithin instflJment, and know to me to be t persons who executed tIle \vithin instrument on behalf of the corporation therein named, a acknowledged to me that such corporation executed the same, pursllant'to its by-laws a resolutiol1 of its Board of Directors. WITN my hand and official seal. n \ r ^ ^ (.\(N.\.~~!~ W'~..-(\)", \..Lich-mc A"G- 1\\ \ ? l),. oj Q\:hR ~ C\ '\\-(''-Li~ 1 .. ~~ Notary Signature (This area for official seal.) 14 . . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~-.-..- - -.-,-.' " ,\ State of California } 55. I ~ ~ I ~ I ~ ~I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ () C f). ~ Cl fL., , County of ; I On -:r~,~ d...~\ 'Lc.c-;' . before me, :IC\Y\\Le.. \Ah\\ ~'/''1 r",\tL Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public") personally appeared 30\~e s ~. 1AC\\SQ" Name( s) of Signer( s) ~ersonally known to me o pro',:aa to me 6" the 683i3 af satiifactory EMdeflce le~.~-~~i6:-J i. Notary PubIc · CaIItoma I !: Orange County - j _ _ _ ~~~~29..:.~1 to be the person(K) whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~r/t~ir authorized capacity(tes), and that by his/~r/t~ir signature(s) on the instrument the person(~), or the entity upon behalf of which the personfs} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and couid prevent frauduient removai and reattachment of this form to another document. Description of Attached Document Title or Type of Document: P, (,.1 (" ..l\?...Me-n ~ CS\A.~ J. \ \l \ S \ 0'" -.r 0-. O{ t\~~ \^"f' ('\-\-5 ) \ l,o...~ 'loSoct - "\ u~\.~ It\- Lo-t~ ,4 t"hrl.4 '\0 DocumentDate:~ ~~u\.(~ ~ ~d\.r\\ S,,'ll"'l..l1l'"" Number of Pages: \ Y Signer(s) Other Than Named Above: Ju.<"l\Q~ ~. \>~~('C\~ C\.~ ~ ~'(~ \ Q..lh c-lu~ I -S l.\6- \~ \l Ct \\g, \Y\CA..i Of" Q. ~~ Sc.. \'\. ~(f\c..;A,f'\{) Capacity{ies) Claimed by Signer Signer's Name: T(\ (",p s \< - Wc\.\~C\ o Individual o Corporate Officer - Title( s): [J Partner - [J Limited L General o Attorney in Fact o Trustee o Guardian or Conservator ~ Other: {\(\c.\l\o..c, \ \,\c-\ \\~ \1 p {' , , -\ 0 Signer Is Representing: ~\(\\~.Q \~\~ ~ ().( \<...~ LL ~ \ ' RIGHT THUMBPRINT OF SIGNER Top of thumb here ~- - ' -' - - . - - ~ C 1999 National Notary Association. 9350 De Soto Ave., PO. Box 2402. Chatsworth, CA 91313-2402. www.natlonalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8'76-6827 ~.~.w. GROUP ~ INSURANCE COMPANY OF THE WEST o EXPLORER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Bond No. 2169562 Premium: $6360.00 Subdivision Bond Faithful Performance - Public Works SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the West a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Bernardino in the sum of Five Hundred Thirty Thousand and Noll 00 DOLLARS ($530,000.00) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. . The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a ontract dated TBD, 2005, with the City of San Bernardino to do and perform the following work, to wit: Subdivision improvements for Street, Sewer and Landscape for University Park Project, Tract 16509-4. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this 5th day of August, 2005. Principal: UNIVERSITY PARK, LLC Surety: INSURANCE COMPANY OF By: By: ~lleres .Jackson A omey-in-fact \. . CA-ICW 28 (7100) . . . STATE OF California } 55. COUNTY OF Los Angeles On August 5, 2005 , before nle, Carl C. Hossli, Notary Public PERSONALLY APPEARED Teresa I. Jackson persollally kllo'wn to lne (or proved to nze on the basis of sati!'factory evidence) to be the persoll(s) ~vhose flamers) is/are subscribed to the lvithill illstnl1nent and ackllolvledged to me that he/she/they executed the salne ill hislher/theirauthori:.ed capacity(ies), alu1 that by hislher/their sign a tll re( s) on the instrument the pe rson( s), or the elltity upon behalf oflvhiclz the person( s) acted, executed the instrunzent. HlITNESS nlY hand Gild official seal. Signature c..~~ ,~, OPTIONAL ~@--~ - - ~ ~~~q.- - - J COfMlIssk)n , 1_7 ~ ~ ... Notary Public - CaIfomIa ~ i.' · Los Angeles County f . _ ~ _ ~ :~.:..ExpiesJall4. 'J!1J7 -------- This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITLE(S) D PARTNER(S) o LIMITED D GENERAL !iJ ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West 10-1232 (REV. 5/01) DESCRIPTION OF ATTACHED DOCUMENT Subdivision Bond Performance TITLE OF TYPE OF DOCUMENT One NUMBER OF PAGES August 5, 2005 DATE OF DOCUMENT University Park, LLC SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT . . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss County of Orange On o....'^-\r ell 7-00<;" . before me, Janice Wall, Notary Public, personally appeared James R. atson, personally known to me to be the person whose name is subscrIbed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ---~llt"'-""""""-""l JANICE WAll ~~., --.. Commtsston# 1316136 ; $ ~ . Notary PublIC - CaIfomIa ~ ~. Orange county i i--'~ _ ~:~m~~~~2~2~ WITNESS my hand and official seal. Place Notary Seal Above e of Notary Public J ice all Co . sian # 1316136 Expires 8/29/05 Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 'S u.. ~ c\. ",hS\ c '" 0Q"~ d. \ lD~ S lo;l JJ> '5 30,000. OQ UY\\ \l-e..A S \~ ~ CI. ('K I' r Cl..L-~ \ \a S Dot - 'i -t\~t{ v.. S'" <<6 l.C ()-;:;: \ J Document Dated: Number of pages Capacityues) Claimed by Signer Signers Name: :ro.~.e., K, ~ ~()(\ Other signers Individual Corpora te Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator \ _ ( ~ Other: ~'\"'N\Cl\~("l ~'P-t.. Signer is Representing: ~{\.\.J..<.{S l.\-n \> iJ. < IL I I.-L-C t \e{g~A,. ~ .~C\.L~Ch~ G\-~(\\eM-'\f\-+"'-c..\- 'J(\S ~ o'~,\~ W~S\- \ I.e.w. GROUP 181 INSURANCE COMPANY OF THE WEST . THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 1455 EL CAMINO REAL, SAN DIEGO, CA 92130 P.O. BOX 85563 SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Subdivision Bond (California) LABOR AND MATERIAL BOND Bond No.: 2169562 Premium is included in the Performance Bond. Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated TBD, 2005, and identified as project University Park, Tract 16509-4 is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Sixty-Five Thousand and no/l00 dollars ($ 265,000.00 ), for materials 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 the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereot: costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to .e awarded and fixed by the court, and to be taxed as costs and to be included in the judgment 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 entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond by fuBy performed, then this obligation shall become null and void; other.vise it shall be and remain in full force and effect. 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 change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August, 5, 2005. Attest or Witness: UNIVERSITY PARK, LLC (Seal) (Seal) . CA-ICW -17 (7/00) . . . STATE OF California } 55. COUNTY OF Los Angeles Oil August 5, 2005 , before nze, Carl C. Hossli, Notary Public PERSONALLY APPEARED Teresa I. Jackson personally kllol-vn to l1te (or proved to 111e on the basis of satisfactory evidence) to be the persoll(s) lvhose llal1te(s) is/are subscribed to the lvithill instrument and ackllolt'ledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signa tll re( s) on the ;nstrulnent the person( s). or the entity upon behalf of lvhiclz the pe rson( s) acted, executed the instrUl11ent. lVlTiVESS nzy hand Gnd official seal. Signature ~_ ~ i--l~ OPTIONAL -- .-. ..-... .... :.t... ..... ... ..... ...a.. ...... ....... . t ~ CARL C. H0SSU l ",;.MO;' · ". Commission # 1393807 , ~ .~. .. Notary Public - California ~ ~ Los Angeles County i ' '- My Comm. Expi'es Jrn14, ?J:JJ7 --------------------------- This area for Official Notarial Seal Thou'"gh the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITLE(S) o PARTNER(S) D LIMITED o GENERAL III ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West 10-1232 (REV. 5/01) DESCRIPTION OF ATTACHED DOCUMENT Labor and Material Bond TITLE OF TYPE OF DOCUMENT One NUMBER OF PAGES August 5, 2005 DATE OF DOCUMENT University Park, LLC SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT No. 0004142 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company oftbe West. a Corporation duly organized under the laws of the State of California, The xplorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona. and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"). do hereby appoint TERESA I. JACKSON, CARL C. HOSSLI their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign. seal. and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship. and any related documents. In witness whereot: the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January. 2001. ,--;:.::-~ -:-..-:---.. // ~~~ ,~l!!!~~\>\ ~/~~ 'o,,'o~.f;',.~\.. "'0/ ("i ~ 'CC"\ (( = ( SEAL ) n)\l \\'4\~ _/0/ \~.\)\ . '-'~ON~ " ~l' '~:~t~~~~;)- .:;;;~~~~~~: , '1I1 - ~,\.... ,~\ (01 ~ :~--7 .~' ; ~ I ~;>r-,,~' ) -< ~ \?i.\ // a \ /a/ \~f \/'~/ '" .~~~~~-f~" ' INSURANCE COl\IPANY OF THE WEST THEEXPLORERINSURANCECO~ANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig. Assistant Secretary John L. Hannum, ExecutIve Vice President State of Cali fornia County of San Diego On December 5. 2003. before me, Mary Cobb, Notary Public, personally appeared John L. HannUln and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instnnnent, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of\\'hIch the persons acted. executed the instrument. Witness my hand and official seal. } 55. 1@.........fvlAAYCOBB I y- · -r "'I~"{- COMM. #1321341 n (.) ~. . NOTARY PUSUC-CALiFORMA en en ... SAN DIEGO COUNTY 0 U, Mv CommlSSlOn Expfres .- , . -. S~PTEMBER 20. 2005 I '-~ ~bh -Ir~ !. '\ j '-..--....... Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized With facsInule sib'11atures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOL VED: That the President, an Executive or Senior Vice President of the Conlpany. together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date. execute. sign. seal. and deliver on behalf of the Company, fidelity and surety bonds, undel1akings. and other sinular contracts of suretyship. and any related documents. RESOL YED FURTHER: That the signatures of the officers making the appOintment. and the signature of any officer certIfying the validity and current status of the appointment, may be facsimile representations 0 f those signatures; and the signature and seal of any notary. and the seal of the Company. may be facsimile representations of those SIgnatures and seals, and such facsimile representations shall have the sanle force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping. printing. typing, or photocopying. " CERTIFICA TE t the undersigned. Assistant Secretary of hlsurance Company of the West. The Explorer Insurance Company. and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respecti ve Boards of Directors of the Companies. and are now in full force. IN WITNESS WHERE OF, I have set nlY hand this 5th day of August , -2005._, John H. Craig, Assistant Secretary .. To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, he above named individual(s) and details of the bond to which the power is attached. For information or filing claims, pJease, contact Surety Claims, JeW Group. 11455 EI Camino Real~ San Diego, CA 92130-2045 or call (g58) 350-2400. . . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss County of Orange On A~ ~\ \ Zoo') , before me, Janice Wall, Notary Public, personally appeared James R. atson, personally known to me to be the person whose name IS subscrIbed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ja- :~:~6~~lt I ... Notary PublIc · CaIforna E ~. Orange cOW\ty l . .... ~ ~ ~~m~~29,:.~ WITNESS my hand and official seal. Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ '00 (" o.,,~ \\\L''\- ..u ,c....\ ~ c ~~ ~ \ ~ c, 5' \p ).tJ eX lP '5 \ 000. 00 Document Dated: l\{\\~Q..(s..~ 2~(,,- ') (L\.L-\ \~ ~o ,,- ~. f\u. {4 \A. ~\- S" 2cc ~ "1 t Number of pages Capacityues) Claimed by Signer Signers Name: ~~ ("y,Q c; ~ - ~k \- Son Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee ---r Guardian or Conservator \ ----L- Other: fY\~f\.C\.9\ n~ {V\tfu'O-€.( Signer is Representing: U...... u 1.0 .i S \ ~ P ~f k , L-\...{... Other signers ~H sc, \ -S",t. 't.St.l\ - A-fu((\lA.-l - ~- fm.r ..i f\!:>. to. o+- ~ k>Q s\ . . . I.C.W. GROUP 181 INSURANCE COMPANY OF THE WEST o EXPLORER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 P.O. BOX 85563, SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 wWw.icw2rouD.com BOND NO. 2169564 PREMIUM S 100.00 MONUMENT BOND WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record a final map for the development identified as: UNIVERSITY PARK, TRACT 16509-4 WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government Code of the State of California, the interior monuments shown on said final map need not be set at the time the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments. NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Five Thousand One Hundred and NollOO Dollars ($5,100.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The conditions of this obligation is such that if the monuments are set on or before TBD, 2005 and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and .in addition to the amount of deposit specified above, it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs and included in any judgment rendered. ~ The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above named, on August 5, 2005. UNIVERSITY PARK, LLC By James R. Watson, Managing Member INSURANCE COMPANY OF THE WEST res." Jackson A~ey-In-Fact APPROVED AS TO SUF Director of Public Works CA-JCW 30 (7IOO) . . . STATE OF California COUNTY OF Los Angeles } ss. On August 5 J 2005 , before nle, Carl C. Hossli, Notary Public PERSONALLY APPEARED Teresa I. Jackson personally kno'wn to Ine (or proved to me on the basis o.f sati~factory evidence) to be the persoll( s) lvhose llal1ze(s) is/are subscribed to the lvithin ;,zsfrUlnent and aCkllOll'ledged to nle that he/she/they executed the same in hislher/theirauthorized capacity(ies), alui that by hislher/their signature( s) on the instrument the pe rson( s). or the elltity upon behalf of It'hiclz the pe rson( s) acted, executed the instrunlenf. l,VITNESS nzy hand and ofjicial seal. Signature C ~ L- lk OPTIONAL J~~-~--~-'--'-- "CARL C. HOSSU - Commission , 1393807 J ~ · -,,; Notary Public - California I ~ · Los Angeles County t- MyComm. ExpiresJal14, 2007 ------ - - - ---- - -- --- This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent ieattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER T1TLE(S) o PARTNER(S) o LIMITED D GENERAL flJ ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West ID-1232 (REV. 5/01) DESCRIPTION OF ATTACHED DOCUMENT Monument Bond TITLE OF TYPE OF DOCUMENT One NUMBER OF PAGES August 5, 2005 DATE OF DOCUMENT University Park, LLC SrGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT No. 0004142 ICW GROUP Power of Attorney Insurance Company of tbe West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Cali fornia, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint TERESA I. JACKSON, CARL C. HOSSLI their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal. and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 200 1. /;::--~" /~y-~ /(-/ ~Sl!.Jt -..'...<, ':J;,~ ----. ~ "- ,/ .,~/..'o" .,~+ \~ /CT// /\ "'~c.\ it'~:~o 4~\~\)\ (tJ/ ~,,:.:t-7 \~\ 'l~( SEAL )n; ~~I ~YT"\~~ J-<) \ \,.c. \"<9~ ,~/ 0 II ' Q \ I.., \ i " , \\~ '.. ~~OHA '.' .// \~'" 1/ a'., \ /j! '~'~ri_=:~~~;/ \ ~ob1t~/ INSURANCE COMPANY OF THE WEST THEEXPLORERINSURANCECO~ANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executi ve Vice President State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig. personally known to me to be the persons whose names are subscribed to the within instnlment, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument. the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. } ss. I €t~. .. MARY cose I ~ .' -;~ COMM. #1321341 n o . . NOTARY PUBLiC-C. AUFOR~nA en en ~. SAN DIEGO CQur...ny 0 U;t:'; My CommiSSiOn Expfres -' I '... S:?TEMBER 20 2005 I '-fr~ r2~bh -,' '\ (,.-.J Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date. execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOL YED FURTHER: That the signatures of the officer~ making the appointment, and the SIgnature of any officer certifying the validity and current status of the appointment, may be facsunile representations of those signatures~ and the signature and seal of any notary, and the seal of the Company, may be faCSImile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as If manually affixed. The faCSImile representations referred to herein may be affixed by stamping. printing, typing, or photocopying. n CER TIF ICA TE L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked. and that the above resolutions were duly adopted by the respecti ve Boards of Directors of the CompanIes, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 5th day of August , 2005 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims. please contact Surety Claims, JCW Group, 11455 EI Camino Real, San Diego. CA 92130-2045 or call (858) 350-2400. . . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'State of California } ss County of Orange On Au.'1, l\\ 2t>oC; , before me, Janice Wall, Notary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JQ :;:fi6~~ I $' Notary PubIc · CalIfornIa !. Orange~- ~ -' _ _ ~~~~29.:~t Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: \'\\ 0 f\ \A..~.e.A\ ~ ~'\ ~~ d \ l Ct <\ C; \.c "\ J.) ~ \ 0 0 . ot) . Document Dated: ~^(\\VJU~l~ r0--(~ Ill;~ P\\A.l U c..\: 5 \ 20 os: 1 L, S D9 - Y \ Number of pages Capacityues) Claimed by Signer Signers Name: 0('A '<"Y'\i! S 7 - \).2>("'-\-50\\ Other signers T~ " R.. ':,(\ -:s:. ""1" C\t.. \L ':1. ,,"\ Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator \_ _ -L Other: ~'\(A-(\p.c\ \'f\'\ \'Y\-l1'\t'lH.f Signer is Representing: L\ f\.\~-U"C,\ \--t) -Pi' 'f 't \.~ l L , t\:~, ('...e~ .,""1,,- ~"-C-~ r f\S ~ l). O.~ ~ \01. S~ \ \),(.2 '- \-or O'~?b hl\l WCi (\L~ - M~ l-\\\'Lf\i)uWI ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 rl DATE (MMIDDIYYYY) UNlVE-S 06/10/05 .~RODUCER THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION Elkins Jones Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12100 Wilshire Blvd., #300 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~AnqeleS CA 90025 e:310-207-9796 Fax:310-207-5337 INSURERS AFFORDING COVERAGE NAle , 1----.. INSURED INSURER A:. Ht. Hawley Insurance Company INSURER B University Park, iLC. INSURER C 333 S. Hope St.g 36th Floor INSURER D Los Angeles CA 0071 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN~f( AUU' L TR NSR TYPE OF INSURANCE ~NERAL LIABILITY A X rxl COMMERCIAL GENERAL LIABILITY MGLO 14 4488 -U CLAIMS MADE [!] OCCUR POLICY NUMBER PD~~~1 MM/DDIYY)- Pgk!fEY(ij~h'1fJ!.,~N LIMITS - GEN'L AGGREGATE LIMIT APPLIES PER. I POLICY n ~~~T n LOC AUTOMOBILE LIABILITY ==1 ANY AUTO , ALL OWNED AUTOS PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 51,000,000 5 50,000 5 5,000 SExcluded 52,000,000 SExcluded 06/12/05 06/12/06 EACH OCCURRENCE UAM~\.:Jt: I U t(t:N I t:u PREMISES (Ea occurence) MED EXP (Anyone person) COMBINED SINGLE LIMIT (Ea accident) S SCHEDULED AUTOS BODilY INJURY (Per person) s . I I HIRED AUTOS - ~ NON-OWNED AUTOS I j ~RAGE LIABILITY H ANY AUTO I ~ESS/UMBREL~BILlTY ~ OCCUR U CLAIMS MADE I r---, H DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER BODilY INJURY I (Per accident) , PROPERTY DAMAGE I (Per aCCident) $ s AUTO ONLY - EA ACCIDENT I $ ! OTHER THAN EA ACC S ! AUTO ONLY AGG 5 i EACH OCCURRENCE I 5 AGGREGATE 1$ $ S $ I 'Mr I YY\J v u- TORY LIMITS IOTH- ER E.L EACH ACCIDENT $ E l DISEASE - EA EMPLOYEE $ E.L DISEASE - POLlCY LIMIT S I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS *CANCELLATION: Thirty (30) Days Notice; Ten (10) Days for Non-Payment See attached for Additional Insured's as respects the operations of the Named Insured. See attached Additional Insured Endorsement CG 20 12(07-98) CERTIFICATE HOLDER CANCELLATION Ie City of San Bernardino 300 N. "0" Street San Bernardino CA 92418 SANBER1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGA nON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPR SENT IVES. AUTHO IZ R PRESENTATIVE ACORD 25 (2001/08) ;.... .....t<;. ADDITIONAL INSURED: CITY OF SAN BERNARDINO AND THE ECONOMIC DEVELOPMENT AGENCY, AND THEIR RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS. COVERAGE BE PR~Y WITH RESPECT TO ALL ADDITIONAL INSUREDS. . . . POLICY NUMBER: MGL0144488 COMMERCIAL GENERAL LIABILITY CG 20 120798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: City of San Bernardino 300 N. '~D" Street San Bernardino, CA 92418 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II - Who Is An Insured is amended to include as an insur~d any state or political subdivi- sion shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury, II "property damage" or "personal and advertising injury" arising out of operations performed for the state or mu- nicipality; or b. "Bodily injury" or "property damage" included 'vvithin the "products-completed operations hazard" . CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 o Page 1 of 1 ~. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): n - (( 'C'S Item # ,.:J ~:J-- Resolution # Vote: Ayes /-7 Nays Abstain :JC05-;JL{CJ Absent Change to motion to amend original documents 0 Companion Resolutions Null/Void After: days/ PUBLISH 0 RECORD W/COUNTY 0 Note on Resolution of attachment stored separately: 0 Resolution # On Attachments: 0 POST 0 D,te Sonlto M,ym, <) ~ T () S ~ Date of Mayor's Signature: ~/~/ ()\ ~ Date of Clerk/CDC Signature: Uy ~, <') Date Memo/Letter Sent for Signature: 1 st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: By: Reso. Log Updated: ~ Seal Impressed: tt Reso. # on Staff Report ~ Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Copies Distributed to: Animal Control 0 EDA 0 City Administrator 0/ Facilities 0 City Attorney d Finance [il Code Compliance 0 Fire Department 0 Development Services !J8) Human Resources 0 Others: Yes ~/ Yes Yes Yes Yes No~ By_ NO-T-BY- No_ By_ No L~fi~ _~~ NoL By_ Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 Notes: , / Ready to File: \( q/t(r,/I)~ Date: -=>,- l) ~ Revised 12/18/03