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HomeMy WebLinkAbout17-Development Services c CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution approving Final Map for Tentative Tract Map No. '16865 located on the south side of Northpark Blvd. Approximately 1700' west of Little Mountain Drive and 2000 ' east of University Parkway. Dept: Development Services Date: November 16, 2005 File No.: TR No. 16865 MCC Date: December 5. 2005 Synopsis. of Previous Council Action: None. Recommended motion: C Adopt resolution. o M~ Contact person: Lynn Parker, Sr. Civil Engineer Ext.5110 Phone: Supporting data attached: Staff Report, Reso, Agreement & Map Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Ace\. No.) (Acet. Description) Finance: Council Notes: -rliJn . J~~ Agenda Item No. J 7 o c o CITY OF SAN BERNARDINO - . REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Final Map for Tentative Tract Map No. 16865 located on the south side of Northpark Blvd. Approximately 1700' west of Little Mountain Drive and 2000' east of University Parkway. BaciQuound: On September 8, 2004, the Planning Commission approved Tentative Tract No. 16865 (Subdivision No. 04-11). The developer has posted the required bonds and insurance and has executed the standard Subdivision Agreement to guarantee the construction within 24 months. All conditions for map recordation have been satisfied. Financial Impact: None. Recommendation: Adopt resolution. 2 11/181051:16 PM o o o -.-'VI - ~,~- ",:> . ...... ~O 'v'IlOt-B\IW N!~~ G 311, J!.<LJ 1..; "I10N9'VW~1 -lli . N ~:, ~Q 3~N'v'~ I 0 ~. C .) ~G-:; 39N\1~ . 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V'l / lN~{"" .......~ ~\\/ ~\ c o c 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 3 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD 4 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE A:'oiD 2,000 FEET EAST OF UNIVERSITY PARKWAY Ii\' THE RV-I, RESIDENTIAL VREA" 5 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; A:\TD AUTHORIZING EXECUTION OF THE STANDARD FOR.'\1 OF 6 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIOl\, WITH TIME 7 FOR PERFOR.'\tANCE SPECIFIED. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 9 CITY OF SA:\T BERNARDINO AS FOLLOWS: 10 SECTION 1. The Mayor and Common Council find that proposed Tract Map )\0. 11 16865. located on the south side of Northpark Boulevard approximately 1,700 feet west of 12 Little Mountain Drive and 2,000 feet east of University Parkway in the RU-1. residential 13 urban land use district, together with the provisions for their design and imprOVCmelll. IS 14 15 consistent with the General Plan of the City of San Bernardino. 16 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said 17 City to execute the standard form Subdivision Improvement Agreement with Northpark 19. time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services of the City of San Bernardino. 24 25 26 said Tract Map for streets, alleys (including access rights), drainage and other public easements. 27 SECTION 3. The Fina! :vIap of said Tract Map is herebv approved and the Cil\ ,d'Sill Bernardino hereby accepts as public property all dedications within the subdivision as shown on 28 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the ~o. /71. ! :;. /5'/ c c 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o 27 c 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT :\IAP NO. 2 16865, LOCATED ON THE SOUTH SIDE OF NORTHPARK BOULEVARD 3 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000 FEET EAST OF UNIVERSITY PARKWAY IN THE RV-l, RESIDENTIAL URBAN 4 LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FOK\I Of 5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SCBDIVISION. WITH TI:\IE 6 FOR PERFORMANCE SPECIFIED. 7 8 9 10 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. The City Clerk shall cenify approval and acceptance of the Mayor and Common Council as set fonh in this Resolution. 11 SECTION 4. This Resolution is rescinded if the panies to the agreement fail to 12 execute it within sixty (60) days of the passage of this Resolution. / II /11 28 2 c c c 1 RESOLUTION OF THE MAYOR A:\'D COMi\lOl'i COl.;NCIL OF THE CITY OF SAN BERNARDINO APPROVIl'<G THE FINAL MAP FOR TRACT MAP :\'0. 2 16865. LOCATED ON THE S01..:TH SIDE OF l'<ORTHPARK BOVLEVARD 3 APPROXIMATELY 1,700 FEET WEST OF LITTLE MOUNTAIN DRIVE AND 2000 FEET EAST OF UNIVERSITY PARKWAY IN THE RU-I, RESIDENTIAL URBAl'i 4 LAND USE DISTRICT, ACCEPTING THE Pl'BLIC DEDlCATIOl'iS AS SET FORTH 0:-.1 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF 5 AGREEMENT FOR THE IMPROVEMENTS 1:-.1 SAID S1..:BDlVISION, WITH TII\IE 6 FOR PERFORiVlANCE SPECIFIED. 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, 9 held on the day of 10 Council Members: AYES 11 12 ESTRADA 13 LONGVILLE ,2005, by the following vote, to wit NAYS ABSTAIN ABSENT 14 MC GINNIS 15 16 17 18 19 20 DERRY KELLEY JOHNSON MC CAMMACK 21 22 23 City Clerk The foregoing resolution is hereby approved this day of ,2005. 24 25 Approved as to form and legal content: 26 27 28 Judith Valles. Mayor City of San Bernardino JAMES F. PENMAN, City Attorney l. ~ 3 0 2 , J -I 5 6 7 8 9 10 ]1 C 12 i I' ]3 .1 I 1-1 ! Ii 'I " , - " ,) II 16 i :1 I, il 17 18 19 20 21 22 0 )' _J 2-1 EXHIBIT" A" 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 Nonhpark 19, LLC, hereinafter referred to as "Subdi\'ider." RECITALS A, WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract Map 16865; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein: and. C. \\'HEREAS, Subdivider has requested approval of the map pnor to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a pan of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map. all in accordance with, and as required by. the Plans and Specifications for all or an} of said impro\'Cl11ents in, appurtenant to, or outside 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, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and. E, WHEREAS. This Agreement is executed pursuant to the provisions of the Subdivision 'vlap Act of the State of California and Tille 19 San Bernardino Municipal Code. ]\iOW 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 perfomlance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: I. Perf<lrmance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense. in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be done at the places, of the materials. in the manner, and at the grades. all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which 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 <If said work to be within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that. in the event good eause is shown therefor. the City Engineer may extend the time for completion of the impro\'Cments 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. 2 C 2 , J 4 5 6 7 8 9 10 I 11 I 0 ]2 Ii " I' " Ii 13 II Ii ,I I ]4 I I ]5 Ii 16 I Ii ] 7 II , 18 ! I' II 19 'I Ii 20 21 22 0 23 24 5. Repairs and Replacements. Subdivider shall replace, or have replaced. or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs. of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation. or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction. and subject to the approval, of the City Engineer. 6. . Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be perfom1ed within the area delineated on the map, a written statement signed by Subdivider. and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense. obtain all necessary permits and licenses for the construction of such improvements, gi,ve 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 bv Subdivider. Subdivider shall gIve personal superintendence to the work on said improvement, or havc a competent foreman or superintendent. satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. , J c , 3 4 5 6 7 8 9 10 ]1 0 ]2 13 ]4 15 16 17 ]8 19 20 21 22 0 23 24 9. InsPection bv City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by Cit)' to all parts of the work and to the shops wherein the work is in preparation. ] O. Contract Security. Concurrently with the execution hereof. Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement: and. (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (]) 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 subj~ct to the approval of the City Engineer and the City Attorney. 4 C 2 3 4 5 6 7 8 9 10 II 0 12 13 14 15 16 17 18 19 20 21 22 0 23 24 11. Subdivider's Insurance. Subdivider shall not commence work under this Agreemcnt 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 ha\'e 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 carn er, (a) Workcr's Compensation Insurance .'Emplover' s Liabilitv Insurance. Subdivider shall maintain. during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdivider's employees employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider, In case any dass of employces engaged in work under this Agreement at the site of the project is not protected under any Workcr's Compensation Law, Subdivider shall pro\'ide, and shall cause each contract(\[ and subcontractor to provide, adequate insurance for the protection of cmployces not otherv;ise protected, Subdi\'ider shall indemnit~ City for any uamagc resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liahilit\. and Property DamaQc Insurance. Subdivider shall takc out anu 5 C 2 3 4 5 6 7 8 9 10 II 0 12 13 14 15 16 17 18 19 20 21 22 0 23 24 maintain, during the life of this Agreement, such public liability and propert: damage insurance as shall insure City, its electi,.e and appointive boards. commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death. as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or bv anyone. including. without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (l) Public Liabilitv Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries. including, but not limited to, death, to anyone person, and, subject to the same limit for each person. in an amount not less than One Million Dollars ($1.000,000.00) on account of anyone occurrence: Product Liability Insurance coverage should be part of the Public Liability Insurance: (2) Propertv Damage Insurance. In an amount not less than One Million Dollars ($1.000,000.00) for damage to the property of each person on account of anyone occurrelKe. In the event that any of the aforesaid insurance policies provided for in this Paragraph II insures any entity. person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard fonn of 6 0 2 , J 4 5 6 7 8 9 10 11 0 12 13 14 15 ]6 17 18 19 20 21 " .;...;.. 0 23 24 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 CoveraQe. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (l) 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 Iniurv - Defined. As used herein, the term "personal injury" shall be defined as a hUl1 or damage to one's person including, without limitation. damage to health, cuts. bruises, broken limbs and/or bones, or the like. disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights. including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City. concurrently with the execution hereof, with satisfactory evidence of the insurance required. and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each catTier will be required to give City at least ten (l0) days prior written notice of the cancellation or reduction 7 c ') , ~ 4 5 6 7 8 9 10 II 0 I::! 13 14 15 16 17 18 19 20 21 21 0 23 24 in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards. commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests. court costs, atlomey's/Iegal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to 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 telms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor. Subdi,'idcr, 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/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shan, defend City, its appointive boards, commissions, officers. agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 C 2 , J 4 5 6 7 8 9 10 11 0 12 13 14 15 16 17 18 19 20 21 22 0 7' _J 24 acceptance by City. or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph II hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph. regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be appl icable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider"s/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance hereunder. 14. Title to Improvements. Title to. and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely 111 City. upon completion and acceptance of such improvements by City. 15. Repair or Reconstruction of Defective Work. If. within a period of one year after final acceptance of the work performed under this Agreement. any structure or part of any structure furnished and 'or installed or constructed. or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement. fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein. Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory p3l1 or parts of the work or structure. Should Subdivider fail to act 9 C 2 , ~ 4 5 6 7 8 9 10 II 0 12 I I 13 14 15 16 17 18 19 20 21 22 0 23 24 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 bef(lre the Subdivider can be notified, City may, at its option, make the necessary repairs (lr replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are. or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. C(lst of Engineering and Inspecti(ln. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part there(lf, with such diligence as will insure its completion within the time specified, or any extensions thereof. or fails to obtain completion of said work within such time. or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a genera] 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, subc(lntractors, agents or employees, should violate any of the provisions of this !\greement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: Performance bv Suretv or Cit\,. 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 it the surety. within five days after the 10 C 2 , J 4 5 6 7 8 9 10 11 I 12 I 0 I' ~ I' I: I.' " 14 Ii I! 15 i I, 16 II ,. " J7 i If ]8 " Ii , 19 I I: ,I 20 I' ~ 21 Ii 22 I ?' II _J I 24 II 25 Ii 26 , I, 27 II 28 I 29 i 0 1 30 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 completing the work, such materials. appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary there for, 20. Notices. All notices herein required shall be 111 writing, and delivered 111 person or sent by registered mail. postage prepaid. (a) Notices required to be given to City shall be addressed as follows: City Administrator City Hall 300 North "0" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Northpark 19. LLC 13160 Mindanao Way. Suite 180 Marina del Rey. CA 90292 (c) Notices required to be glv'en to surety of Subdivider shall be addressed as follows: I"iSCO INSlJRA.NCE SERVICES, I"ie. I 7780 Fitch. Suite 200 In'ine. CA 92614 Provided that any party or the surety may change such address by notice in writing to the other party, and. thereafter, notices shall be addressed and transmitted to the new address, 21. Successors Bound. This Agreement shall be binding upon and inure to the II c o o benefit of each of the parties and their respective legal representatives, successors, heirs and 2 assIgns. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day 4 and year first above written. ATTEST: CITY OF SA\' BERl\'ARDI:\O By: City Clerk Judith Valles, Mayor Citv of San Bernardino . Approved as to form and legal content: SUBDIVIDER: JAMES F. PENMAN, City Attorney. ~'{;:'t"~) _-7 . - By: JY I "'/ . .r~ ,I , . '.~ ]2 c o o . INSTRl'CTlONS If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the subdivider is an individual doing business under a fictitious name. it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be notarized. STATE OF CALIFOR:\TIA ) ) ss. COUNTY OF'~'''~''(S,c..~ ) I I. On this / 7-1' ~ day of !l~lt..f'/<.,f,I?,r ,200'>", before me, the undersigned. a )\;otiJry Public in and for said County and State, personally appeared / /r( '- ./--t;,);..-'1 '.. . -=c. ~; . ,C ",I (:....,. i ~ perJionally know to m~ (or rove to 0 the sis of satisfactory evidence) to be the ;/;('" Y. President. and personally known to me (or roved me on the basis of satisfactorv evidence) to be the . of the corporation that executed the withlll Instrument. and know to me to be t persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Directors. WIT?\iESS my hand and official seal. BREJESH ARVIND PATEl @._....CommISSlon#1430517 ~ .:0: ::, Notary Public - Colifo~nia ~ z~.. ". ' Riverside County . . My Comm. Fxplre. Jul14. 2007 ( 1115 area or official seal.) ~ 'fcS~-c~. Notary Signature I' J <;]'[;;).. Insccelco ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Filch, Suite 200. Irvine, California 92614. (949) 263-3300 BOND NO. 7254985 S 5.480.00 a term of Two premium is for year(s) SUBDIVISION IMPROVEMEI'\TS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, NMhpark 19, LLC, a California limited liability company , as Principal, and pevelopers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety. are held and firmly bound unto City of San Bernardino 800 North D Street, San Bernardino, CA 92418 as Obligee. in the sum of Two Hundred Seventy Four Thousand and NO/100ths -~----------------------------------- ------------------------------ ($ 274,000,00 ) 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. THE CONDITIO" OF THE OBLIGATION IS SUCH THAT WHEREAS, the above named Principal, as a condition of the filing of the final subdi\'ision map of (Tract'Parccl) Map No.168~, StreeVSt_Drain!Sewer _ entered into an agreement or agreements with said Obligee to complete the improvements specified in said agrct:menl or agreements. !'\OW THEREFORE. the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect. IN WITh1ESS \VHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto aflixed and attested by its duly authorized Attorney-in-Fact at Irvine California, thiS 10th day of November 2005 YEAR "PRINCIPAL" "SURETY" ~O~~R~~_~'~'=-C--,-~ Calif~~nia limited liability company Developers Surety and Indemnity Company in-bcl ~--~ . ," !;. ._.~--::-... , ll) W ,41(\ I ,,' ttl Vi~W-.L 10-1266 (eA) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOY 1 0 200i before me, personally appeared Victoria M. Campbell Melissa A. Covarrubias. Notarv Public Name IfldTllle of OffIcer (eg.. -Jane Doe. Notary Putlhc") Namesjof Slgl'ler(s] ILl personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J.@--- - M~lI;SA -;.. ~;AR;~lAS- ~ Commission 11 1562658 III Nofary PWc - CoJiromlo f OIange County - MvCorrm.E>cpIeoMa22,2009 WITNESS my hand and official seal. SIgnature of Notary flubllc 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. OPTIONAL Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General [i Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb nere RIGHT THUMBPRINT OF SIGNER Signer Is Representing: BD~'1339/97 Number of Pages: Signer's Name: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator C Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 'jj'~ Inseemleo ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Filch, Suite 200 -Irvine. California 92614. (949) 263.3300 7254985 BOND NO. PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Northpark 19. LLC, a California limited liability company ,as Principal. and Developers ::iurety ancrTila'emnlty Company , a corporation organized and doing business under and by virtue of the laws of the State of iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino OLI' . L f One Hundred Thirty Seven Thousand and NO/l0oths ---.------.---------------------- as u Igee, In tile sum 0 _------------ ---- ---- ---- - - -- ---- -- - ($ 13f,UUU.UU ) Dollars, forwblcb payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS. the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of San Bernardnio as Obligee for the improvements in the subdivision designated as (Tract/Parcel) Map No. TR #16865 StreeUStorm Drain/Sewer Improvements by the Government Code of California. __' as required NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and tjled to comply with Section 66499 tbrougb and including Section 66499.10 oftbc Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety, Ii'\ WITr\ESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney.in.Fact at Irvine California, this 10th day of November 2005 YEAR "PRI:-lCIPAL" "SURETY" NorthP?!~~~LC. a Califor!lia limited liability company Developers Surety and Indemnity Company Attorney-in.Fact -;Y' ..- "'-.- ." ;". , , " ~~.:......,.~-~,---- --,./~, ~~,~~~~~- I BY: 10.;265 (CAl(REV 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranee On NOV 1 a ZOOS before me, personally appeared Victoria K. Camobell Melissa A. Covarrubias. Notary Public Name and Title of Officer le.g-. . Jane Doe. Notary Pubhc"l Names) of Slgner(s~ IlJ personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "MElISSA A. COVARRUBIAS CClrlYT1Isskln # 1562658 NofOly Public: - COIilomlo f OrC1n1/8 COCXlty - MvCCJnYn.&piesMar22.2OO9 WITNESS my hand and official seal. Though the information be/ow 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. OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General ex Attorney-In-Fact o Trustee o Guardian or Conservator o Other: Top 01 thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 80-11339/97 Number of Pages: Signer's Name: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 'i]'~ InSC~JlCO ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suile 200 -Irvine. California 92614. (949) 263.3300 MAINTENANCE BOND BO~D NO,: 7254985 Premium included in Perfonnance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Northpark 19, LLC, a California limited liability company and Developers Surety and Indemnity Company and by virtue of the laws of the State of Iowa business in the State of California, as Surety, are held and fimlly bound unto , as Principal, , a corporation organized and doing business under and duly licensed to conduct surety City of San Bernardino as Obligee, in the sum of 5IXty Eight Thousand Five Hundred and NOl100ths ------------------------- ($ 68,500,00 ) Dollars, for which paymcnt, well and truly to bc made, we bind ourselves, our heirs, executors and successors, Jointly and severally firmly by these presents. THE CO~DITION OF THE OBLIGATION IS SUCH THAT: \\'HEREAS. the above named Principal entered into an agreement or agreements with said Obligee to: TR #16865 SlreeVStorm Drain/Sewer Improvements \,\'HEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and anested by its duly authorized Attorney-in-Fact this 10th day of November 2005 YEAR Northpark 19, LLC,. a Catifornia timited liability company Developers Surety and Indemnity Company " Principal ./ " .' - < I '/ f./ . ,y'/. ...._c_~"'o-. /' ....._.;.~- ,.--' 10-1201 (CAl (One Year Term) (REV. 3f01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOV 1 G 200S before me, Melissa A. Covarrubias. Notarv Public Name and Tille 01 Officer (e-9 . "Jane Doe. Nctal"y Public") personally appeared Victoria M. Camobell Names) of Slgner(s) ILl personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I@' .::,;. ~ ~~"I - CcmmIssIon # 1562658 · Nolay PIJbIIc . CODfomlo f Orange CCUlty - MyCarm Expies Mar 22, 2009 WITNESS my hand and official seal. rgnalureof NOlary PubliC 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact [j Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General [i: Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of tnumb nere RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: 8D-' 133 9/97 c-:=_cr~ o ::JICO ~-.~~_ _~:'l__ ~"'? DISCLOSURE RIDER Terrorism Risk Insurance Act of2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Goverrunent will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $ I ,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not. however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premIUm has been charged for the terrorism coverage required by the Act. c Developers Surety and Indemnity Compan)' Indemnity Company of California 17780 Filch Irvine, CA 92614 wW\\.lnscodico com o POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 11)7~~. IRVINE. CA l)16:!.~ /t)491:!(I.._.1.l00 KNOW ALL MEN BY TIIESE flRESENTS. Ihal ",x~''''r' as I.:xpr..."...ly Iimih:d. DEVELOPERS SURETY AND INDEM~ITY COMPANY anti INDEMNITY COMPANY OF CALIFORNIA. do ead,. heft'hy lll<1ke. cOnStltule and arf'lOllll ***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** as Their TI'\Il: ;llld lawful .-\lllHl1t'yls)-IIl.Facl. to Ill;!kt'. c\t'etlle. dt'II\t'1 ;llld Jdno\\ kdgt'. for anti Oil ht'h;tlt' of ...ald Cflrpl1rJllolls. <IS Slln~tll~S. bonds. Ulldel1akings ;111(.1 COlltriH.:b of "l1rl'ly,llIp giving ;1Ilt! gl.lntlllg 111110 'i;lId AlllJflll'y(,l-in-Facllull power ;lIld aUlhurlty tn ttll ami 10 PI.:i't(HI1l ...\~,'ry w.:llh:n:s,;lry. rCIJuisill..' ur proper to hI.: dOll\,.' III COllll,.:cltulllh.:r\'wilh ih c,u.:h of "lid \:orpofallOn' \:o(lld tI(I. hul re",:nillg 10 e:lt:h pf"lId l'mpor,lllOllS full pow..:r of ,uhsllltllioll iHllt n.:vm.:.\Iion. "lid i111 uf lhl' a..:ls of Silllt Atlorneyls)-m-Facl, rursllanllolh..:s..: pr":'l'nls, OIl": hl'r..:hy rill,ticd .lI1d I:olllinn..:d. This Power of AllOI"IH;'~ is gr<lnled illld is signed by facsimrle under and by ;lUlh(lriIY of Ihe following res(llllliotls lldorled tly Ihe respective !3O;lrd of Direclors of DEVELOPERS SURETY AND INDEMNITY COMPANY ;lnd INDEMNITY COMPANY OF CALIFORNIA. eflel:live <IS Of NCl\emher I, 2000: RESOLVED, Ih,llll1e Chairnwn oflhl' Board,lhc Prc,ilknl :lIld .my Vi..:..: Presid,,'lllllflh..: l.:orporillion bc. amllhm cadl uflhell1 hl'rcoy is. lltJlhurizcd In l.:x":l'lIle Powers llf AlIOtlll'Y-lJU:llify ing the ,lllOl"lleylslllallll'd inlhe Pm'>'!:,.s ofAllol"lley 10 eXenlle. on beh,llf nflhc l.:llrporalltlllS, bonds, lllldi..'rlakings and eontf:lcls of '\Ir~ly,hir: <llld Ilwl th~ Senelary or llny As,i,t.ull S~l'r~t;lry llf Ihe corpor<lliolls he, and e;lch of lhem h~rt"hy is, <lulllori7ed 10 alflO'SI Ihe e:o:el:ulion of ;lny slIch P(lWer ofAllorney: RESOLVED. FURTIIER, Ihal lh..: sign.lltlrl." (If 'lIdl (Iflin:rs Ill,'y he ,Iflixl.'d Itl allY such Ptl\VL'1' of Allorncy Ol' 10 ,Illy ccrlilic.llc rclilling thcrdn by 1;lI.."simik, alld ,lilY .;lId, PtI\\'L'r ufAllOl"lll'Y or L'crlllieillL' hcaring 'lldl Lll'sunde signallll'c' shall he \,did ,lll(! bllldillg ujltln 1hL'l.'orpmali(1ll "hell S(I atlixcd ilntl in !he flllurc wllh I"C'llL'l'lltl illly huml, lI11d..:rlilkillg Ill" l.:t1111rilC1nf surcly,hlp III which IllS allal'l'L'd. o ~y IN WITNESS WHEReOF. DEVELOPt:RS SURETY AND INDEMNITY COMPANY .lIlt! I~DEM:\ITY COi\1rA~Y OF CALlFOR'JIA h<l\"e severally caused these prescnts to he ,,!:;ned by Iheir respective I:>o;eellli\c Vice Presldenl <llld ;;lllesled tly Iheir reSpecli\'c Sel:rd;lry this 1 sl day of OC10her, 200J C-=') ~ OlIO."....,.. .".".~ AND I~"'" .,..~~:................ ~~"'" I~......o~p OR41'.....:4-~\. i",'" ~ <'"' ~,':A:. :Q:': OCT. 1..c.: ;~~ 10 ~n~ \~\ 1936 j~f ':. \l> '. "'b: \,Z;~....~,~~.~...,~~~...l ......".".~.,."....... D;;l\'ld H. Rhode,. E-,<enl!ive Vice.Pres,denl AJw t~ Cro\\dL SCOCI:II"j By \\'<lherA. STATE OF CALlFOR'IA 1 lSS 1 COUNTY OF ORANG!::: On OCloher I. ~OOJ. before nie. Diane J. Kawala_ rersollrllly ;lpreared D<lvid H. Rhodes rlnd ";<lller A. Crowell. persoll<ll!y kllOWIl10 Ille (or "roved 10 me (Ill lhe h"sis of salislilClory e\idcneel 10 be Ihe pcrsons whos..: namcs ilre s\lnsl.:1 ihed tu Ihe wilhin inslruml'nl ilnd lll.'knowledgcd 10 Ille Ihat they cxecuted the Sllllle in their iHIlhorizl'd \:;Ipal.'ilies, <lnd lhill hy lheir "ignillUres nnlhc inslnllllenllhL' enti1y upon hdl;llfllfwhich llll' person" ,1l'le(L CXl'clltet.! Ihc illstnllllcnl. )~::h^~~:~~ Lij U SlgIlOlIUIC' ~- DIANE J KAWATA ~ O~''':':'.. COMM.1334746 :: ~ ~~ ~. Notary PubliC - CalilOrrl'a ~ ~ ~-_. ORANGE COUNTY ~ ~ . . My Comm E~plre$ Jj!l.1I.I8, 2006 ~ CERTIFICATE The 1IIldl.'fsign..:d. .1" Senior Vicc-Prcsillcnl. Underwriling of DEVELOPERS SURETY AND INDEMNITY COMPANY ilnd INDEMNITY COMPANY OF CALIFORNIA, (h)~s hereby e~"'tif] Ihrll Ihe foregoing rower of Al1Ol"lley relll<lins in tilll force and has I1Clf been revoked, ;lnd till"lhermore, th;lllhe provi!'iol1!> 001 the re..ollltlOm olthe U:sreCII\ 10' BOrlrds 01 Dllectors ot saId COI rOlnllons 'el 10llh III fhe Powel 01 .\1I011lC'), ;lIe tll l(lIce <lS 01 lhe d<lle Ollhls Cel1,ticate Th" (elllt"ll.1I..:" exel,:llled mlhl' (IIY lIt Ir\ll\e. (.IIIiWI1I,', rhe (t.IY ot Nay 1 0 2(l)5 u, D (;) Weslcy \V Cowlillg enior Vice-Presidelll. Ullden\lri I g rn_lllU'lI~," 1(\;(l~1 o o o y~ InSc@IICO ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surely and Indemnity Company Indemnity Company 01 California 17780 Fitch, Suite 200 -Irvine. California 92614. (949) 263-3300 www.lnscoDico.com BOND NO. 7255005 $ 114.00 term of Two premium is for a year(s). MONUMENT A TION BOND FOR SUBDIVISIONS KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS, Northpark 19. LLC a California limited liability Company hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TR #16865 ; and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal. and the Developers Surety and Indemnity Company 17780 Fitch. St. Ste 200. Irvine. CA 92614 (Legal Title and Address of Surety) as Surety, are held and firmly bound unto the City of San Bernardino in the sum of Five Thousand Seven Hundred and NO!100ths ____m_________________________________________________------------------- , ($ 5.700.00 ), lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves, our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the selling monuments in the positions noted in the proposed Final Subdivision Map for said subdivision in accordance with the provisions of Government Code Sec. 66495 et seg., then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth. IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497. 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. And the said Surety, for value received, hereby stipulates and agrees lhat no change. extension of time, alleration or additIOn to the terms of the Agreement or Contract. or to the work to be performed thereunder, shall in any way affect ils 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 IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on November 10 . 20 05 Principal Northpa~~~';.C, a California limited liability company / ~',/ i Surety Developers Surety and Indemnity Company " / , ~_.--""";- BYv~Dr ! By: Attorney-In-Fact 10-1416 (GA) (7/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOV 1 C 2acs before me. Melissa A. Covarrubias. Notary Public Name and Title 01 Officer (e,g.. "Jane Doe, Nolary PutlhC-) personally appeared Victoria M. Camnbell Names) 01 S'gner{sl IiJ personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~,,- - - - M~L~ ~~~;V<S- J _ COl...l6ssIot, # 1562658 ~ .. NolaIy PublIc . CoIfomlo I ~. ~~C~ f _ _ _ ~:~~~_~22.:.?~ WITNESS my hand and official seal. . ~ OPTIONAL Though the information be/ow 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact [] Trustee o Guardian or Conservator o Other: Top 01 thumb here [] Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General []i Attorney-in-Fact C Trustee o Guardian or Conservator C Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER ~ Signer Is Representing: Signer Is Representing: BD-11339;97 -.-.J:;:: c :::lIce 'DS=-~: -5,'~~~ DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premIUm has been charged for the terrorism coverage required by the Act. o Denlopers Surety and Indemnity Compaq)' Indemnity Compan)' of California 17780 Fitch In'me. CA 92bl.l WWW,lJlscl)dicocom c POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 197~5. IRVINE. CA l)~6~.1 (9491 ~(I_I_...,On KNOV.: ALL MEN AY TIIE5E PRESENTS. lhat 1.:Xl.'~'rl '" ('(lHl'"..ly linuled. DEVELOPERS SL'RETY ..\""0 !!\iDEMNITY COMPANY ,lilt! INDEfo,-lNITY COMPANY OF CALIFORNIA. do each. hereny make. cOllslihlle ;lIld apl'olllr: ***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** .1" theil' Hlle ;11ld I,m hd Attnmeyl..)-ill-Fncl. It) m,lke. e\Cl'Ure. dellH:r and :,u:kllowlt-dgt'. liH and 011 nl'h;11f Ill' ...lId cOrpOI':lIIOlh. as ..ure-IICS. honds. IlIldenakillgs and cOll1fa!:l.. of Sl1It'ly"lup giving ,lilt! gralllHlg unit} ';lId AIlOi'lh:yl\\-IIl-F.Il"l full pt1Wl'r and authority 10 do ,uutlll pcrli.JI'Illl'\l:I'Y aclllcn:ssary. n.:qwsilc or prupl'r 10 he done ill ;:OllIlL'dlOll rh..:r\:\\'llh ilS L",1\:11 (If S.lllll:orl'\lrallOlIS ulUld do. O\lII..:".:n ing 10 ":<Il:h \If ""id UilI'OI;IIJOII" rull POW\." of "uhslllulioll illld r\.'vol::Hwn. and all uflh..: ;l(ls of said Allmn\,'yhl-in.Fill:1. pursU;lnllo Ihe,..: I'rl'"..:nls. Oll"": h.:r..:oy fatitil'd .Jlut ulnrirlll..:d This Power ofAllorney IS grallled and is signed l1y facsimile under and hy alllhoruy oflhe following resolutions adopted hy the reSpeCli\fe Board of Direelors of DEVELOPERS SURl: TY AND INDEMNITY COMf'~~Y alld INDEMNITY COMPANY OF CAUFORlI.lIA. dleeln'e as of Novemoer 1. 2000: RESOLVED. llwl rllt' Ch,lirlll.lIl nfllll' BU;lrd.lhe Pre...id<:111 amI any Vil:l..~ Prl'sidenl {lflllc l:nl"!1llr:lIion hl'. and that ":<ll:h Oflhl'I11I11'n:hy IS. aulhurized to ":Xl'Cllle Powers of Alllll"l\~'Y'. llu;llifying lhe allornl:yls)nalHcd ill Ihe Pow..:rs of Ath1nlCY 10 ":\'\.'l:II\1.:. (111 oehlllf oflhe corrni"illiollS, honds. IIl1dert;lking.. ;ll1d cOlllr:u.:ls of SlIl't:tyship: :l11(1 Ih:l! Iht' Seert'wry 01 :lilY A'SISl:lnl St'crelary ot Ihe l:(HpOr,llion... he. <lnd e,Kh I)f lhem ht'rehy is. aulhorlzed 10 :lllt'sl fhe execution of :lny stich Power of AlHHIlt'y; RESOLVED. FURTIIER. Ih;ll till' slgtlatlln.:s of ,,"dl (Irlk\.'l.. m;IY hI.: ;lfli\l.:d hI ;IIlY "lIl'h PP\\~'I 11f AlIorno.:)' (\1 1\1 ;lllY l:el'lilil.',lle rd,,'ing fherl'ln by f"l:...il11ik. ,llld ;IIlY ,ul:h Ptl\\cr of AlItHncy tH l:l.:lllticilt\.' hl'ill'in~ 'llLh 1;lotlmk "Ign,ltllrc.. "h;111 hI.: \;lI;d alld hltHtmg uJlon lho.: cNpt1ration wlll't1 Sll atlixl:lt ;ulll ill th.: huure wl1h 1"000SP':l'l 10 ;lIly hOlld. undcrtaking tll C0I11raL'1 ofslltl'Iy.,IUjl 1(1 whil'h it i, alladl\."d o IN WITNESS WHERI:.Or. DEVELOPERS SURI:.TY AND INDEM'\;ITY CO\1I'ANY and INDI::~INfTY CO~lPANY OF C AllFOR1\;IA have severally caus~d lhese presents 1(1 t'll' ...gllI'Ll hy their respeL,ti\e Cxer.:ulll'e Vice PI't'..idt'llllllld allt'sled by Iheil rt....pectr\e So.:..:tt'lllry Ihi" IsI day (lfOC!(lber. 200.1. Hy l~~) ~ ........'~'N..D......... ....~'<,.. /),.... ,"",'" .......... ~O~... l~~ ....~~POR~..~....~\. l /<.i '~....'t~~ if::' OCT. \~i ;~; 10 ~n; \~\ 1936 i~j \\I!,....... lOW'" .....~b/ ...."'0 '..............~......, ........ * ....... ."...."..... D<lvid H ~~ Cr(lwd1. Secrt'I.HY By' \Villll'rA STATE OF CALIFORNIA ) )SS ) COUI\;TY OF URAMil::: On OC!(lher l. 200J. before me. Diane.r. KlIwala, persollnlly arre:lred Da\ld H. Rhodes and Waht'r A, Crowell. personally known 10 me ((lr pr('lved to me ('Ill the hilSi,,, of s;I1ISfal:lory evidence) In he Ihe Pl'rsoll" who,,\: llilme.. ilre suh"l:nhcJ Ui Ihe within ItlSlnrml'nl and acknowledg.ed 10 me that Ih\:y execuled the S:llne in their authorlzcd l:ap;K:ities. and tl1;1I hy Iheir sil;llillUrl'" llulhe IIIstnlll1l'l1f lh~ elllHy \Iron bl.:halfofwhil.:h the persutl~ i1clo.:d. \.'x~'l.:uled the inslrullll'nl. ~:~.;;;:~~ Signature 1-- oe g~:~J.~~~~:~ ~ ~ ~...~:- 1 Notary PubhC - Cah'orn.a c;: s: ~.. ORANGE COUNTY S' f My Com'" E~p"es JAN !I 2006 ~ CERTIFICATE The tlIlller...iglll:lt. as Senior Vil:c-Presilknl. Undl.:rwriling of DEVELOPERS SURETY AND I~DEMNITY COMPANY and INDEMNITY COMPANY OF CALlFOR!\:IA" dot's h~rt'by certify that rhe torel;oing Power llfAflOfllt'y remains in full fon:!;' and ha.. Ilot bt'cn revoked. <tnd tilrlhermort'. th<tllhe provision!' O. f tht' res(llulions (If ll:e respective BOilrds of ~,ireCI~rs of Sili~ ':O:'p(ll'allmlS st'1 forlh in the Pou'er of Altomt')'. ':U't' III IOlce as (Iflhe dilte oflhis Cel1ilicate. TIllS Cl.:rltttl';lt~' I... CJ\eCllted III thc (lIY tlllr\"ltle. (;IIIIOI'nl;l. thl' _ dilY l11 NOV 1 0 2OC5 By w (;) \.\-'esley w. Cowllnl; enior \'iI;e.Presidenl. Undcrwrr II g 1i'~ InScCi!IICO ~l1D~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 . Irvine, California 92614' (949) 263-3300 BOND NO. 7254995 S 690.00 a term of Two premium is for year(s) SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Northpark 19, LLC. a California limited liability company ,as Principal, and Developers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino 800 North 0 Street, San Bernardino, CA 92418 Obi' . th f Thirty Four Thousand Five Hundred and NOll OOths -----------:-----.--------------- as Igec, In c sum 0 ______________________ (S 34,500,00 ) 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. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map af(Tract/Parcel) Map 'No.16865 , LMD Landscaping entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NO\V THEREFORE. the condition ofrhis obligation is such. that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said PnncipallS hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attomey.in-Fact at Irvine California, this 10th day of November 2005 YEAR "PRINCIPAL" "SURETY" - ,~ ~ ." ". i:'-'" ~~.! Attn:ney in.Fact Northpark 19, LLC, a California limited liability company ........';,.. . i ':. , . 10-1266 (CAl (REV. 1/01) CAL'FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOV 1 0 2lJrj before me, Melissa A. Covarrubias. Notarv Public Name and Title of OfIlCer te.g.. . Jane Doe. Notary PubliCI personally appeared Victoria M. Campbell Names) of S,gner(s) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~,,- - - - ~L~-A.~~~U;Lo\S~ J CornrniSSiOn , 1562658 ; l' NoIOIY PubIc . CollfomlO ~ Orange ccunlV _ _ _ ~~:..~_~22.:.2~1 WITNESS my hand and official seal. ~ Signature of Notal')' Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name; Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb ."'" o Individual o Corporate Officer o Title(5): o Partner - 0 Limited 0 General [j Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top 01 thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: 8D-1133 9/97 -_-_--J~ c :::JICO '~-~_ :....:.-1--:: DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premlllm has been charged for the terrorism coverage required by the Act. o Developers Surety and Indemnity Compan,' Indemnit)' Company of California 17780 Fitch Irvine. CA 92614 www inscodico.com c POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNIH' COMPANY OF CALIFORNIA PO BOX 19725. IRVI~E. CA 92(>:;.1 1(41)126J..~.~OO KNOW ALL ~1E" BY TIIESE PRESENTS. Ih~\t C)((,;<:I" <I'" l'xpl'l.:......ly 11111I10.:d. DEVELOPERS SURETY A:'\D INDE~'I~[TY COMPANY amIINDEM'lITY CO/l.1PANY OF CALIFORNIA. do each. hc:rehy m;1k~. constitute ;'lnd ;1proilll ***Keith W, Newell, Maria A, Quiroz, Victoria M, Campbell, Janina Monroe, Paui Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** as their lnll~. :lud !;m till AllClrneyls)-in-Facl. to 111:11.;t'. t''IecUII:. dcll\t'l and acknowledge. flH ;lIlt! 011 heh;llt' III ,,;'lId o.:OI"l1\1lalion...,;1.. ...mellc.... honds. undertakings ;lIlt! 1,:(\1111';11:1.. of 'l1I"o.:ly,ll1l1 giving and granllllg wllo s,lId Alltlllwyl,l.jll-Fal'l full P{lWI.'1' "nl! i1ulhol"ll)' Itl lItl al1d to perfilI'm 1:\ l'l) ;lo.:t 111.'\:\.''\:-':11)', 1\.'4I11SIII.: or Jlll'pcr 10 he dOlle in \:0I11lL'l'lllll1 tlll.re.... ilh ,IS cOIch of ...;mll'lli'p{lfaljol1~ nwld till, hUf I~~"'I\ Il1g Itll';u.:h (If ,aid nllplllillllllh full jlOWl'r of ~uhsll1ll1iun and n':V{l(':ilt;un, and ;111 of the ;u.:ls of ,'altt AII(lrI1ey(sl-ill-F;u:t, pmsllan' t\l the~e pre,~nts, Me h~rehy r;llllicd ami conlirmed. This Power of AllOrlley IS granled and is signed by 1;1csirnde under and by authority of the following resolutions "dorted by lhe respective Hoard of DireelClrs of D~VELOPERS SUR~TY AI't:D INDEMNITY COMPANY alld I\lD~t\.lNITY COMPA~Y Or CALIFORNIA, dl"el'tlve as of November 1,2000: RESOL\'ED, lllilllhe Ch..irl1l:ln of,hl" Bll<lrlt, lhl' Pn:sidenl and any Vin: Presidl.'1l1 ofllle wrpOr;tllOll he, allt.!lh;11 em:h of Ihl'lll hl.'rehy is, ;ullhor;lcd 10 ex,,:ulle Powers (If Altllrlley, qualifying lh..: illlui"lH:yl slnarned ;n th..: Pm\'ers of Attol"lley III exenlle, Oil heh;,lf of the (;(Jrpor;lllons, hom!s. 1I1l\lcrl;lkings ill1d t:onlnu.:ls of suretyship; and lh,ll Ihe Secretary or any As~istalll Secretary of the emporaliolh he, and each of lhem hereby is, nulhori7.ed III afle~1 Ihe e\eCUIIClI1 of any such PCH\er ofAtlOl'ney: RESOLVED. FURTIIER, that th..: slgl\;II\lle~ nf~lIdl offll','rs lll;lY he at'ti'....d In ;1I1Y such PIl\\I.'r of AlIorl1ey mIll ;111)" l'crtitic;lle rdil1in~ thl.:rl.:lo hy r~lI.:silllik. ;lnd ;IIlY SIll'h Pllwel of AttOl'tl~)' Ill' (;nlllk~lll' h....arillg sHch t'al'..,illlik S1gn,ltUl"eS sh;t11 h~ valid alld hllldlllg. I1pon Illl' l'llrpora'lt11l when Sll affixed ilnd;n lh.... flllm.... \~ilh n:spl'dlll an)' tltllld. 1IlldCrl.lking or ullltr;H.:1 of ~lIrclysll1p 10 WlllCh it h ,111ached l~ v....ITNESS WHEREOF, D~VI:.LOPI:::RS SURETY A\lD INDE""lNITY COMPA:-':Y and INDt~1NITY COMPANY OF CALlFOR:-.JIA h;we severally caused lh~se presents to he Signed hy Iheir resrectl\'~ becllllve Vll:~ rl'esldcnt ;md atlested hy lhelr respecli\e S........retary Ihis lsl day ofOcf(lh~r. ~OO.. OBY c--=') ~ ", ,,,'" 7Ji-~ \Vall~r A. emw!.'l!. Senetary ...,..""......,. ....~s( #l.ND ,...... ...~'" ,,,,,,,,,,,"'O~'" l~ .....~~POIl4>... ."\ f~/~ OCT, ~\~\ ~~~ 10 L.d \~\ 1936 !~! ~ \y'. .' b .: \.~~~..,.~.9.~.~..,.~~~...l ........,...~...,........ STATE OF CALlFORNI' , ,5S , COUNTY OF ORANGE On Octoher 1.2003. hefore me. Diane J. Ka\\afa. person<lll~[ <lppeared Dayid H. Rhodes and Wnller A. Crowell. persomtlly known 10 me (or rro....ed to mc on Iht: OilSis uf salisf,ldOJ;.' evidencc) to hl' thc pcrson,>.; whose names ;Ire suhscrih<':lt tnlhe wilhin inslrument ,lilt.! iKklluwlcdgcd 10 me thallhey executcd the same 111 their authorized (;ap<lcitles. and th<ll hy lheir signalures on Ihe insll"1111lclltlhe .:ntil> upon behalf {If whidl the persons <Icted. executed the illSlnlllH:nl. S:='!\~~ u r@DIANEJKAWATA t C- .. ":':', COMM' 1334746 ~ ...-,.... ~ ~'" Notary PUbl'C . Cahtorn'a "!: 3: 1"-" ORANGE COUNTY S ~" My Comm E_pores JAN. 8. 2006 t Signatllr~ CERTIFICATE The lII11krsign....d. liS SClllor Vice-Presilknl. Ulldcr.....rilil1g \lfOE\'ELOPERS SURETY A~D I~DE\1NITY COMPANY ;lIld INDEMNITY COMPANY OF CALIFORNIA. dOt'" hereby certIfy 111M lh~ foregoing Power of Allorn~y remains in full force <lnd has llo1l'ieen r~voked. and f1ll1hennore, lhallhe pro....isions ollhe resolullollS of the lespecllve Hoalds 01 DII~clol'" 01 siltd lotpOlnl'ons set 10llh IFlthe PCl\\el 01 AlIClllley ale III IOIC~;I' of Ihe dille of lhls Cerlltkale o Tho- (,">1;1,11'" ,,,,,"cd m the (II> "II""", (.,"1"""" Ih, II,,> "I NOV 1 0 2005 , By Wesley \'0-'. Clmllllg w (;) rD.J:\SOIRl'V. IO,O.~l --- DATE (MMlOONYyY'l ACORD CERTIFICATE OF LIABILITY INSURANCE 10/24/2005 TM PRODUCER PI'lOl'le- (303) 805-AVIO(2843) Fa. (303i80S-2tl45 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AVID INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C ~OX 456 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR KER CO 80134 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ INSURERS AFFORDING COVERAGE NAIC 11 -- PROBUILDERS SPECIALTY INSURANCE CO, RRG INSURED INSURER A _n CALPROP CORPORATION; NORTH PARK 19, LLC INSURER B. DRAKE DEVELOPMENT. LLC -- - INSURER C 13160 MINDANAO WAY - MARINA DEL REY CA 90292 INSURER 0 -- INSURER E T,..,E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUeD TO THE :NSUREO NAMED ABOVE FOR THE PO~.:CY PERIOD INDiCATED NOr....liHS'r ,;.,NDING ...NY R~QUIREMENT_ TERM O~ 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 HEREI... IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CClNDITlO.'IlS OF SUCh POLICIES. AGGREGATE LIMITS SHOWN MAl' HAvE BEEN REDUCED BY PAID CLAIMS ,'IISR '>'OO'\. TYPE OF INSURANCE POLICY NUMBER "g;~~~:=~ ~~EYf~:=N LIMITS e,R NSRO GENERAl. LIABILITY WPIN5005435 08/02105 08/02106 ' EACH OCCURRENCE . 1,000.000 X COMMERCIAL GENERAL LIABILITY, OAtu.GE TO RENTED . excluded ~ PREMISESlboc;c",enc.) CLAIMS MADE - X OCCUR MED' EXP (Any one pe~an) . 5,000 A PERSONAL & ADv INJURY . 1,000.000 GENERAL AGGREGATE S 2,000.000 GEN':' AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 1,000,000 X PRO- POLICY JECT LOC AUTOMOBIL.E L.IABILlTY COMBINEJ SINGLE LIMIT ANY AUTO (EaaCclOenl) . AlL OWNED AUTOS BOOIL Y INJURY (Per person) . SCHEDuLED AUTOS HIRE:J AUTOS BODILY INJuRY C I I.PeraCCtt;lenl) . NON.OWNED AUTOS PROPERTY DAMA3E S (peraccrdenl) GARAGE L.IABILlTY AUTO OJl;L Y . EA ACC1DEI'<T S A~Y AUTO OTriER ~HAN EA ACe s AUTO ONLY AGG . EXCESS I UMBRELLA L1ABIL.1TY EACH OCCURRENCE . OCCUR CLAIMS MADE AGGREGATE . S DEDuCTIBLE . RETENTION 5 . WORKERS COMPENSATION AND WCSTAfU. Q,HEi'I EMPLOYERS' LIASIL.ITY fORYc,""T$ ANY PROPRIETOMAATNflVEXECUTIVE EL EACH ACCIDENT . OFFIC.r:RiMeN8EA EXCLUOEO? E.l DISEASE-EA EMPlOYEE S l'y....d..o;,;~""d.r ~PE'CI"L PROVISIONS hlg", E L DISEASE-POLICY ~IM:T . OTHER: , DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS TRACT NUMBER: 16865 COVERAGES -ITY OF SAN BERNARDINO 300 N 0 ST SAN BERNARDINO, CA 92418 CANCELLATION SHOUlO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. !HE ISSUING INSURER W:lL ENCEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOi..DER NAMeD TO HIE. LEFT. Bur FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. IT'S AGENTS OR REPRESENTATIVES CERTIFICATE HOLDER Attention: LYNN PARKER ACORD 25 (2001/08) Certificate # @ ACORD CORPORATION 1988 10911 c I ~ I' ~ Ii , ~ II I' 4 " Ii 5 Ii II 6 II , II 7 Ii , " 8 Ii 9 Ii I' i 10 " il , , II I' " i~ ,I 0 12 13 14 15 16 ]7 18 ]9 20 2\ 22 0 ~, -~ 24 AGREEME1\'T (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 Northpark 19, LLC, hereinafter referred to as "Subdivider" RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hercafter called "map") entitled Tract Map 16865; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map pnor to the construction and completion of improvements, including all Slreets. highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "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 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. Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City: and, E. WHEREAS. This Agreement is executed pursuant to the provisions of the Subdivision \lap Act of thc State of California and Title 19 San Bernardino Municipal Code. C 2 3 4 5 6 7 8 9 10 I II il i: " Ii 0 12 ii I 13 i " 'i II 14 " , !i 'I 15 :1 II 16 " II 17 , :1 18 ji I' ,I 19 " 'I 20 II 21 ~~ k~ 0 " ~~ 24 1\OW 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 Wark. Subdivider will do and perform, or cause to be done and perfonned, 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 wark and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. ') '\lork: Places and Grades to be Fixed bv Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor. heretofore approved by City Engineer and which are now on file in his office. and to the satisfaction of said City Engincer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to bc within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted \\ithout notice to the Subdi\ider'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. , ~ C 2 , ~ 4 5 6 7 8 9 10 11 0 12 13 14 15 16 17 18 19 20 :1 22 0 )' -~ 24 5. Repairs and Replacements. Subdivider shall replace, or have replaced. or repair, or have repaired, as the case may be. all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be. or pay to the owner the entire cost of replacement or repairs. of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof. or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk. prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider. and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall. at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxcs required by law. Subdivider shall comply with all provisions of thc Subdivision Map Act and Title 19 San Bcrnardino Municipal Code. 8. Supcrintendcncc bv Subdi\ider. Subdivider shall gl\'C pcrsonal superintendcnce to the work on said improvement or havc a compctent forcman or superintendent satisfactory to the City Engineer on the work at all times during progrcss, with authority to act for Subdividcr. , ~ 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 thc improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An mnount equal to at least twenty-five percent (25%) of the total estimated cost of the improwments and acts to be performed as security for the guarantee and warranty of the work for a period of one (I) 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 C 2 , ~ 4 5 6 7 8 9 ]0 II 11 II I' 0 12 II II ,I -, ]3 'I !, II 14 I! I' I' 15 Ii I ]6 ]7 'I I 18 ]9 20 2] 22 0 j' -~ 24 11. Subdh'ider'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 Compensation ]nsurancc/Employer's Liabilitv Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdidder's employees employed at the site of improvement, and, in case any work is sublet. Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's 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 projC,<:_l 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 Liabilitv and Propel1v Damage Insurance. Subdivider shall take out and 5 c ') , J 4 5 6 7 8 9 10 II 0 12 13 14 15 16 17 18 19 20 21 22 0 ')' ~J 24 maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (I) Public Liabilitv Insurance. In an amount not less than One Million Dollars ($ LOOO,OOO.OO) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance: (2) Propertv Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of an)' one occurrence. In the event that an)' of the aforesaid insurance policies provided for in this Paragraph II insures an)' entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of 6 0 2 , ~ 4 5 6 7 I 8 I I' 9 :1 II 10 I " I II I ,I " , 0 II 12 II Ii I, I' 13 I; ,I I J4 II Ii IS I: I: I 'I J6 II I, " II J7 I' I 18 I J9 'I I 20 Ii 21 22 C ~, d 24 cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions. officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (l) 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 Iniurv - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health. cuts, bruises, broken limbs and/or bones, or the like, disabilities .or impairments, including aggravation of existing injuries, or imasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall fumish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (l0) days prior written notice of the cancellation or reduction 7 c ') , -' 4 5 6 7 8 9 10 II 0 12 13 14 15 16 17 18 19 20 21 22 0 23 24 in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(sl hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appoil1livc boarJs. commissions, officers, agents, employees and servants free and hannIess from any anJ 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, attomey's/Iegal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, demands for lost wages or compensation. personal injuries, including employees of the City, death or damages to prope11y (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 perfom1ance by its officers, employees. agel1ls) li'om the terms of this Agreement, whether such operations/incidents are caused by contractor. Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Oeveloper shall investigate, handle, respond to, provide defense for and defend any such claims. demand, or suit at the sole expense of the SubdivideriDeveloper even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shali, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 C 2 , -' 4 5 6 7 8 9 10 11 0 12 13 14 15 16 17 18 19 20 21 22 C 23 24 acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph II hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered. or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be appl icable to any of such damages or claims for damages. This provision is not intended to create any cause of action in fa\'or of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance hereunder. 14, Title to Improvements, Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely It1 City, upon completion and acceptance of such improvements by City, 15. Repair or Reconstruction of Defective Work, If, within a period of one year after tinal acceptance of the work performed under this Agreement. any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure, Should Subdivider fail to act 9 C 1 , ., 4 I 5 II " 6 Ii I' ,I 7 I II 8 Ii 9 'I 1, Ii 10 Ii il I II II II 0 " 11 I 13 14 15 16 17 ii il 18 II + , , ]9 !: I' 10 11 12 0 ')' _J 14 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 Citv. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Insoection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, \vith such diligence as will insure its completion within the time specified. or any extensions thereof, or fails to obtain completion of said work within such time. or if the Subdi\'ider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Suhdivider'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, suhcontractors. agents or employees, should violate any of the provisions of this Agreement. City Engineer or City Council may sene written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default ofSubdivida. 19. Breach of Agreement; Performance by Suretv or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the impco\'ement herein specified: provided. ho\\C\'er. that it the surety. within five days after the 10 0 2 , .) 4 5 6 7 8 9 10 ]] 0 12 ]3 ]4 15 ]6 17 ]8 ]9 20 21 22 -" .:...J 24 25 26 27 28 0 29 30 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 completing the work, such materials. appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor, 20. Notices. All notices herein required shall be in writing, and delivered In person or sent by registered mail, postage prepaid. (a) Notices required to be given to City shall be addressed as follows: City Administrator City Hall 300 North "D" Street San Bernardino. California 924] 8 (b) Notices required to be given to Subdivider shall be addressed as follows: Northpark ] 9, LLC ]3160 Mindanao \\'ay, Suite 180 Marina del Rey, CA 90292 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: I:\SCO TI\'SURAJ\CE SERVICES, IJ\C. 17780 Fitch, Suite 200 Irvine. CA 92614 Provided that any party or the surety may change such addrcss by notice in writing to the other party, and, thcreafter, notices shall be addressed and transmitted to the new address. 21. Successors Bound. This Agreement shall he hinding upon and inure to the ]1 o o o benefit of each of the parties and their respective legal representatives, successors, heirs and 2 assIgns. , .J IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day 4 and year first above written. ATTEST: CITY OF SAN BERNARDINO By: City Clerk Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: SUBDIVIDER: JAMES F. PENMAN, City Attorney, By d .~~ 12 c 11\STRl'CTlONS 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. o STATE OF CALIFOR1\IA ) o ) ss. COUNTY OF \ ,\,\\-..j~\('.~ ) h f' On this / 7 i day of 1(;t7tJeMhp/ , 20C;: before me, the undersigned. a Nota~ public jn and for said County and State, personally appeared c:- u -k>? ' " I' perspnally know to me qr proved to me on the ~. .' evidence) t9. be the ~ce. President, and ,"[ OI.,),.'S personally known to me (or ~roved to me oD-..the. basis of satisfactory evidence) to be the 5p./. e -Iu..r-..14-- of the corporation that execu!e'cr-the within instrument, and know to me to be the4JI:rsons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Directors. WITNESS my hand and official sca!. l.~ ~ ~ ~ ~R~E;H ;V1~D ;AT;L - r 1 . Commission # 143051 7 r :6 i .... . Notary Public . Califo~nia ~ " , Riverside County - ~ \- .~ >\"-- . "'~..,_~"'OO, \Iotary Signature (This area for official sea!.) o 1- .1 'i?~ InSccell::O ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surely and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 . Irvine, California 92614. (949) 263-3300 BOND NO. 7254985 $ 5,480.00 a term of Two premium is for year(s) SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Northpark 19, LLC, a California limited liability company , as Principal, and .Developers Surety and Indemnity Company . a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino 800 North D Street, San Bernardino, CA 92418 as Obligee, in the sum of Two Hundred Seventy Four Thousand and NO/100ths -------------------------- __________________________ __ ______ ----- -- - -- ($ 274,000.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and sc\'crally firmly by these presents. THE CONDITIO;'; OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract!Parcel) Map No.16865 , StreeVSt Drain!Sewer .__ entered into an agreement Of agreements with said Obligee to complete the improvements specified in said agreement or agreements. :-JOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and etTcct. IN \VITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at IlVine California, this 10th day of November 2005 YEAR "PRINCIPAL" "SURETY" Northp~rk 19, LLC, a California limited liability company /c::;;:/y /'7 /", ~~- .. ~; /.aL~4je~>~-- / I .- Developers Surety and Indemnity Company ~ BY. Vie - ria M Camp e 10-1266 (CA) (REV.1i01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOV 1 0 21Xfi before me, personally appeared Victoria K. Campbell Melissa A. Covarrubias. Notary Public Name and Tille of Officer (e.g_. . Jane Doe, Notary Public") Namesj01 Slgner(s) Ii] personally known to me - OR - 0 proved to me on the basis of satisfactory 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 hisfher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. )----- ---- MELISSA A, ~OVARRU81AS _ @ c~,:3:, 111562658 f , Notary Public - CoIfomlo f Orange County - t.ttComm, EJcpIoeoMa22, 2009 WITNESS my hand and official seal. SIgnature of Notary PubliC 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: Document Date: Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer DTitle(s): D Partner - D Limited D General Gl Attorney-In-Fact D Trustee D Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 8D.11339/97 Number of Pages: Signer's Name: D Individual D Corporate Officer DTitle(s): D Partner - D Limited D General C Attorney-in-Fact D Trustee D Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: -I. 'jj'~ InSC@JlCO @~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of Califomia 17780 Fitch. Suite 200 . Irvine, Califomia 92614. (949) 263.3300 7254985 BOND NO. PREMIUM INCLUDED IN PERFORMAI'CE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Northpark 19. LLC, a California limited liability company ,as Principal, and Developers ~urety and Indemnity t.;ompany , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino Obi' . h f One Hundred Thirty Seven Thousand and NO/1 Ooths -------------------------------- as 19ce. In t e sum 0 _______________________ -- -- -- --- - ($ 1 j I,UUU.UU ) 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. THE CO~DlTION OF THE OBLIGATION IS SUCH THAT: \VHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of San Bernardnio as Obligee for the impro\'ements in the subdivision designated as (Tract/Parcel) Map No. TR #16865 Street/Storm Drain/Sewer Improvements by the Government Code of California. , as required ~O\V THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specitied in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN \VITNESS WHEREOF, the seal and signature of said Principal is hereto atlixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine California. this 10th day of November 2005 YEAR "PRINCIPAL" "SURETY" Northpark 19, LLC. a California limited liability company /'::-~/' r:'2 i t;/r~4r<A~V ' v' t/ Developers Surety and Indemnity Company BY: 10-1265 (CA) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California County of Oran2e On NOV 1 D ZfK1j before me, personally appeared Victoria M. Camobell Melissa A. Covarrubias. Notarv Public Name and Title of Officer (e_g.. ~ Jane Doe. NOlary PubliC") Names) of Slgner(sl GtJ personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "MELISSA A. COVARRUBIAS Com,......., 1562658 Notary PIA:lIc . COIilomla f OrongeCOlIlly t.tvCcmn,EJOPl8sMar22,2OO9 WITNESS my hand and official seal. 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. OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer o Title(s): -, o Partner - 0 Limited 0 General Gi Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 80-11339/97 Number of Pages: Signer's Name: o individual o Corporate Officer ::::J Title(s): ::::J Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of tl1umb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: o o o lJ'[;;]@j InsCemlco ~11IJ[}'J INSCO INSURANCE SERVICES. INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200. Irvine, California 92614. (949) 263.3300 MAINTENANCE BOND BOND NO.: 725498S Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: . as Principal, , a corporation organized and doing business under and duly licensed to conduct surety THAT we, Northpark 19. LLC, a California limited liability company and Developers Surety and Indemnity Company and by virtue of the laws of the State of Iowa business in the State of California, as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of Sixty Eight Thousand Five Hundred and NO/100ths ------------------------------ ($ 68.500.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally fimlly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: \\"HEREAS. the above named Principal entered into an agreement or agreements with said Obligee to: TR #16865 StreeUStorm Drain/Sewer Improvements WHEREAS, said agreement provIded that PrinCIpal shall guarantee replacement and repair of improvements as described therein for a period of one )'l;':ar following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name ofthe said Surety is hereto affixed and anested by its duly authorized Attorney-in-Fact this 10th day of November 2005 YEAR Northpark 19. LLC, a California limited liability company /~~-~~~. A ~ Pnnci~1 / ~-? (""'j. - ,- (j:/~: J"Lc'(f'<<~ Developers Surety and Indemnity Company 10.1201 (GA) lOne Year Term) (REV. 3/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV10mi before me, Melissa A. Covarrubias. Notarv Public Name and Tille of Officer (e-9.. "Jane Doe, Notary Public") personally appeared Victoria M. Campbell Names) of Slgnerlsl ILl personally known to me - OR - D proved to me on the basis of satisfactory 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 hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lij- ~:..~;';;';"-I J Com,.oIssIa,' 1562658 NoIary PUblIc . Callfomlo f Olalge COU'lty f - - - ~~-~-~~~ WITNESS my hand and official seal. Ignalure of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual Li Corporate Officer [j Title(s): o Partner - [j Limited [j General Li Attorney-in-Fact G Trustee [j Guardian or Conservator o Other: Top of thumb here [j Individual [j Corporate Officer [j Title(s): [j Partner - [j Limited 0 General [i Attorney-in-Fact [j Trustee [j Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: BO- 1133 9/97 =.'l~ c :::JICO tff:: ~:.-~_-? DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premIUm has been charged for the terrorism coverage required by the Act. o Developers Surety and Indemnit}' Company Indemnity Company orCalifornia 17780 Fitch Irvine, CA 92614 W\\\\ .lnscodico,com c c o POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 197~~. IRVINE. CA 9~(l:;:~ 1(49) 263-.1.100 KNO\~': ALL ~1EN BY TIIESE PRESENTS. Ih,III.'):.\:I:P' a... l')(pn.:s..ly lmuIL'd. DEVELOPERS SURETY AND I~DEMNITY COMPANY ,lIld INDEMNITY COMPA"'Y OF CALIFORNIA. do ench. hereh~ 1l1<'lke. C<'lllstllulc ;lt1d :lrrOinl ***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** <IS their Inn.: :Inti 1;1\\ 1'111 AIHHneY(S)-IIl-hlCl. 10 111:1h. c\t'c\lle. (ldl\'el' and acknowledge. !\w ;111<1 on heh;]lf of s:lid corpornliolls. ilS sureties. bonds. underlakings ami conlr,Il':1s ofSlIl'l'l)ship gIving and gri1llllllg lIl1ln said AU(lnll.'yls)-ill-F,ll"' full power and illlfhot'lly Hl do and 10 pcrli.1fllll.'\'cry Ole! rh'!;CS"ary. requisite or pru[lCI In hl' dOlle in cOllm:r(IPlllhcrcwi,h as cadi of "imt corporations l'nultl {to. nul reser\ing 10 eill.:h of said l'mporallulls full p(IWer of suhstillllioll ,lOti re\'m:aliull. and illl uf Ihe al'lS of s!lld Atlorney(s)-in-Fill'l. pursllillll HI Ihese pre"ents. arc hereny ralitkd Hnd (onlinned. This Power of Altome~ is grClllled and is signed ny (..csimile under and by authority of Ihe following resolulions ildopled by the resrective Board of Directors of DEVELOPERS SUReTY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of Novelllner 1.2000: RESOLVED. lililllhe Chainnllll of the Board. lhe Pn.:sidenl <lnu allY ViL'e Presidenl (Iflhe L'{lrpor:lliull he. and lhnl each of Ihem hereby is. aUlhorized III exeCUle Powers ofAlI(IIllL'Y. qualifying lhe 1l1lOrlleyh) nallled mlhe Powers ofAllorney 10 execule. on hehi11foithe corporation,. honds.underlakings .1Ild conlracts of suretyship; !llld Ihal tht' Secn:",ry or !lilY Assisl<lnl Senelary of Ihe corporations he. and ench of them herehy is. aUlhorized to allest lhe execution of any such PnwerofAlIllrllCY: RESOLV[D. FL'RTlIER.lhallhl' signatttrL'S ofsut:h ortiu:rs IllilY he idlixe{t III any sudl PII\\'er ofAllorl\ey or 10 ,lilY u:rlitiL'.lle rehlling thcrelo by f,lL'similc. .1l1d any "llch Power or Allome)' or cnlitil';lfL' bearing sl1th I;I1.:sil1lilc signalures sh<lll be ",llid and binding upon lhe cllrpor;llion wl1<,:n so atlixed and in tho.: future wilh rL'spect \(limy bond. underlilkillg or t:onlnlcl of.st1l'elyship [(l wlm:h it is alwdwd IN WITNESS WHERtOF. DEVELOPERS SURETY A~D INDEM~ITY COMPANY and INDEMNITY COMPAI\IY Or CALlrORNIA h<1ve sevemlly cal1sed th~se presenls 10 he signed hy Ih~ir respeclive Executive Vice Prcsidenl and ~lIested hy Iheir respective St't:rctary this I sl d<1) of Octoher. 2003. C~')~ .........",...... .....1."'1 AND I~:"'" ....~'" ."''''''''...:'0 .... l~ .....OI'P OR4 ;-..(<'~,. (~r 01~T. (<'\~'~ '~"" 1936 !~J \__~""'" 'ow'" .....~bl ....~O .""""""......."... .......'...,~"..........' By David H. ~c~ Cn'l\\'cl1. Secret<1ry By \\<I11er A. STATE OF CALI f()R 'I" I ISS I COUNTY Or ORAMil:: On Ocloher \. 2003. hefore me. [)l<1l1C.1 K:mal<1. personally <Irreared D!lvid H. Rhodes <1lld W<lher A. Crowell. pt'rson<1l1y known lome (or proved 10 Ille Oil fhe hilsis of sat is tilL' lory e\idel1l;cJ 10 he Ihe po.:rsnlls whllse nilllles arc suhsnihed 10 Ihe wilhlll insIWlllcnl,l11t1 ilcknowledged IOl1le Ihal Ihey eXCL'lltl:d Ihe S<!I11C Illlheir i1l1lhoril..:d L'i1p<lt:ilies. and tlwl hy lheir slgnillures on lh~.insfrumcnt the Clllity urOll hchillfofwhidllhe persolls ilCled. executcd the inslrument, Si;:n:llllre S:Z'~, r~ DIANE J. KAWATA ~ Q~.i":':.' COMM.1334746. ~ :! 4J.~ '.' NOlary"ubl'C - Cahtorma " ~ :it-- ORANGE COUNTY S' ~ ' My Comm Expires JAN 8. 2006 ~ CERTIFICATE Thc 11IHkr..;igl1L'd. llS Sell lor Vict'-PrL'SI(iL'llt, Undemriling of DEVELOPERS SURETY AND INDEMNITY COMP4,NY ,1I1d INDEMNITY COMPANY 01- CALIFORNIA. dl)eS hereby L'ertify !lMt tht' foregoing P(mer ofAtlorney remains in full force and has nol heen revoked. and f\ll1hennore. thmlhe provisions (If the resolulions of fhe respt'eli\t': lloard~ of Directors of said wrporiltiol1s sel 1'01111 in Ihe Power of Altorney, are ill force ns of The dme of lhis Cellilienle. This CL'rtiticlk' i" exeeuled IIllhe Clly oflrvillL'. ('ulifurl1iil, the _ J.1Y of NOV 1 0 2005 d~ l) w \\e,-k:. \\ CtlwliliS.' enior Vil'c-Pre'\idellt. Undemri I " ..'- : __::"n ir:...:\ il! 0..1 c o o 1f~ Inseemleo ~i1D~ INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surely and Indemnity Company Indemnify Company 01 California 17780 Fitch, Suite 200. Irvine, California 92614. (949) 263-3300 www.lnscoDico.com BOND NO. 7255005 $ 114.00 term of Two premium is for a year(s). MONUMENTATION BOND FOR SUBDIVISIONS KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Northpark 19. LLC a California limited liabilrty Company hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TR #16865 ; and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and the Developers Surety and Indemnity Company 17780 Fitch. St.. Ste 200. Irvine, CA 92614 (Legal Title and Address of Surety) as Surety, are held and firmly bound unto the City of San Bernardino in the sum of Five Thousand Seven Hundred and NO/100ths __________________________________________________________----------------------- ,($ 5,700.00 ), lawful mone)' of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said subdiVision in accordance with the provisions of Government Code Sec. 66495 el. seq., then said Suret)' will pa)' the same in an amount not exceeding the amount hereinabove set forth. IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497. Should the condition of this Bond be fully performed, then this obligation shall become null and void. othemise it shall be and remain in full force and effecl. And the said Surety, for value received, hereby stipulates and agrees that no change. extension of time, alleration or addition to [he terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way - 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. IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on November 10 , 20 05 Principal Northpa!)< 1~.bJc..-~ CalIfornia limited liability company /2->//lr /1 .// /' // <,' >i-"'-:;',4-,-~ ...../{' /fr1./r[A.~ v' /f - /1 J '! .'/ , B\': \/ 1/ - , Surety Developers Surety and Indemnity Company By~VL Vie oria M Camp belt \ttorncy-ln-Fact 10-1416 (CA) (7i01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran2e On NOV Ie 2:JOS before me, Melissa A. Covarrubias. Notary Public Name and Title Of Officer {e.g., "Jane Doe. Notary Public'"} personally appeared Victoria M. CamDbell Names)oISlgner(sl ILl personally known to me - OR - D proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. r----~~----J _~ ~~~~~i:2~; ~_ NoIay P\JbIIc: . CaIlfcmlO I J_ _ _ ~:~~~~~f WITNESS my hand and official seal. . ~ OPTIONAL Though the information below is not required by Jaw; 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer o Title{s): o Partner - 0 Limited 0 General []I Allorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer o Title(s): o Partner - 0 Limited C General o Attorney-in-Fact [] Trustee o Guardian or Conservator o Other: Top 01 thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: 80.11339/97 ='"".:r.:= __-,J..~ o :::lICO 'iJ..r"?~: '~;:~-?' DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Goverrunent will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Goverrunent or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation oflaw. No additional premIUm has been charged for the terrorism coverage required by the Act. o De\'elopers Suret)' and Indemnity Company Indemnity Company ofCaJifornia 17780 Fitch In"ine, CA 92614 www.inscodico.com o POWER OF ATTOR~EY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. rR\'r~[. CA ()2()~J 1()~9) 263.\100 KNOW ALL MEN BY TlIESE PRESENTS. that ~xr.:l'rl.I.' I.:'>:,pn.,,,>.:ly Iimlli:d. DEVELOPERS SURFTY AND I!\JDEMNITY COMPANY and I\:DEMN1TY COMPAJ\iY OF CALIFORNIA. do ellch. hen:oy milke, conslilllh: and "prOml' ***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** as their true <llld la\\ful Allorney(sl-lIl-FilCI. 10 lll;1ke. t'\('ClIle. (lcli\'t'f ;lIld ;u.:kll(l\\kdge. for and 011 l1elwll" of said cor!lcH<lliOlls. ilS sureties. honds. undertakings illllt COlllr;Kls of :->lIl\:IY'..htp gi\'ing and gr,lllllllg 1I11lp said Atlonll'yls)-Itl-F,H.'t till 1 pUW!,'1 ilnd authority to do ;lIlt! Itl perform 1,'\ l'l) al.:l nec!.:ssary. requisite or rrorcr to nt' lI(H1C ill COlHhTII111l lhl'n:with a.s each of s;lId \:orpnratiotl..; l'oul{1 (10, hUII't.:-s~'nillg to ICadl of said I.:orp<lratwm full powICr of SlIh...tltution ,lIld r~'voeiltiun. lInd all of rhe act... of said AllorllICy(s)-ill-Fael. pursUill1lto IhICsIC pr~'sICnrs. arIC hndl)' ratitil.:d and I.:llntirllllCd This Power of A1l0fllt,y is granted and is ...igned hy fal.:sllnile under and hy nulllorily of the followl1Ig resolurions ndopred hy Ihe re...pective Board of Directors of DeVELOPERS SLiRETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY Or ('AlIFOR!\IIA. dfecllve n... of No\'emher 1.2000: RESOLVED. Ilwr thl.: Ch:linnilll ofthl.: BOill"lL rhIC Prcsllknt illld :IllY Vicc Prc"idcnr (lflhl.: corpomlion hI.:. <lIltllh<lt e:lCh of rhl.:lll hcrchy i.... illlfhorizcd In execuh: PO\\"ICrs of AlttHtK'Y. qualifying Ihe illlornlCy("j ll<1IllICtI in thl,.' Powers of Alt1l1"l1ey rOl'xecule. on hehalf of Ihe cnrpm:lIion.... h01\d.... l11ldcrt:lkings ilnd eonlraels 01 suretyship: ;lIld thaI Ih~ SecreTnry or any Assi...t<lnt Secrelary of Ille I.:orrnrations he. atHI each of Thelll hereby is. attlhnri7,ed 10 nuest Ihe execulion of any such Power ofAllorney: RESOLVED. FURTI IER. thar thc "'1!;naIUfl'''' of ...uch otril.:lCr... m:ly hIC anlxcd 10 any .such Power of A1101"l1e)' or to illly eertillc<lle rchlring therelo by I;lcsllllik. and ;Iny sllch Power of Altol"lley 01' c..:rlitlc;lll..' hC;lrlllg SIKh 1;lcsimik slJ;natur..:s shall hL' \';llid <lnd hilHling upon Ihl' I,;(ll-por<lrioll wh..:n so aflixed :llld ill rhe fururc wilh r":,,pL'l'1 10 any bond. tlllt.krtakillg tJI' contr;IL'1 ufsmclyship 10 which il is illlilChICll o IN WITNESS WIIEREOF. DI::VELOPERS SURETY AND [NDt::MNITY COMPANY :lIId INDl::MNITY CO~lrANY Or CALIFORNIA hnve severnlly caused lhese preS(;llls 10 be siglll.'d by lheir respecfl\'e Execl1tl\~ Vice rre.sidr.'llr and nue"led l1y lhe-II' respective Secretnry lhis ISI day of October. 200.1. C-~)~ 13~ . .,'m"" "A};;~ 'V-,'nltel- A. Crowell. Sr.'crerary ......'..~'ND'''...... .,., '\'< '" I~. ..... "n\:. .""'"'' "() '. ..',~ ..... nOn ..... ~ '" :,~"., O~r "4 ....""~-:. ~..~ ;;c."~-:' li:l OCT. \~~ ;~ i 10 En ~ \~\ 1936 !~J \'~'""" 'OW~ ....~b/ ..../0..."..,,",,"........... ........ * ........ ...."""".. STATE OF CALlFOR"IA ) )SS ) COUNTY OF ORAN(jE On Oclober 1.200,'\. helore me. Dialle J. Knwala. personally npp~nred Dl1\'id H, Rhodes ;lnd W;llter A. Crowell. person"tly known to me (or proved 10 IllC on the hilsis of sali...factory c\'idenc..:llo h..: th;.: persons wh(.s..: nillllCS arc suhscrihed 10 the wirhin insrrument and acknowledged to Ille that Ihey L'xet.:ull"d Ihe S:llnc in their aUlhorih'd capileilies. <lnd Ihal hy Iheir sign:llur..:s t.11\ thL' inslrulll..:nT Ihl" emilY upon hehalf of which the persons acted. cx..:cuTed the inslnllncnt. S:=I~~::~ u ;_ d (ii' DIANE J KAWATA ~ o / .:';-, COMM. 1334746 _ ~ ::; '~....._ . - Notary P:.;bhc . Call1orflla <;: 3: ~- . '1 ORANGE COUNTY S' f . My Comm E~p,res JAN 8, 2006 ~ Signallln.. CERTIFICATE The lHulcr"ign..:d,.,... Senior Vicc-PrL'sidcnl. Underwriling (If DEVELOPERS SURETY AND INDEMNITY COMPANY <1I1d INDEMNITY COMPANY OF CALIFORNIA. does herehy certily fhallhe foregoing Power ofAII(\rn~y remnins in full force and has llot neen revoked. and flH1hermore. thar fhe provisions of tile resolutions of the respective Boards of Directors (If snid corpormions set forlh ill the Power of Allorney. an: in force as of the dnle of Ihis Cel1ificate. o This C..:rtilit.:;llc is cxcclII..:d in th~' CiTy of Irvine. California.lh..: day of NOV 1 0 2lUj By Wesley W. Cowling 'cnior VIt.:c.Presidenl. Ullderwn II g w (;) IO-IJRO (Rev. IOiOJt 'jjCc-:J~ InscCBII:O ~[ldJt;'J INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch. Suite 200. Irvine, California 92614. (949) 263-3300 BOND NO. 7254995 S 690.00 a tenn of Two premium is for year(s) SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That "'c. Northpark 19. LLC, a California limited liability company ,as Principal, and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the la\vs of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino 800 North D Street, San Bernardino, CA 92418 as Obligee, in the sum of Thirty Four Thousand Five Hundred and NO/100ths ---.--------.---------.----- ---------------------- -- ($ 34,500.00 ) Dollars, for which payment. well and truly to be made, we bind ourselves. our heirs, executors and successors, jointly and severally finnly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named PrmcipaL as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No,16865 , LMD Landscaping entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such. that if the above Principal shall well and truly perfom1 said agreement or agreements during the original tenn thereof or of any extension of said term that may be granted by the Obligee \vith or \\'ithout notice to the Surety, this obligation shall be void. otherwise it shall remain in full force and effect. TN \VITNESS 'WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine California, this 10th day of November 2005 YEAR "PRINCIPAL" "SURETY" Northpark 19, LLC, a California limited liability company /.; .." /_/d //~ ~/ I A:.. c '-'" AnO!lley.in-Fact BY: Victor M Campbell " ID.1266 (CA) (REV. H01) CAL!FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranee On NOV 1 0 2IJPj before me. Melissa A. Covarrubias. Notary Public Name and Title 01 OffICer (e.g.. . Jane Doe. Notary Public") personally appeared Victoria M. Camobell Names) of Slgner(sl IitJ personally known to me - OR - 0 proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J - - - - ~l~~~~~~- J .~ Coffio,oIssIOI.# 1562658 ~ i NolCIV PuIlIC - CclllomIa ~ Orange County Mv~:..~~22.:.~1 -- - - - - WITNESS my hand and official seal. ~ S'9nature of Notlll'Y PublIC OPTIONAL Though the information below is not required by Jaw, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer o Title(s): o Partner - 0 Limited U General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General [1l Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: 8D-11339/97 -_-cJ~ c :::lICO 'D;=,~ ~~:_'~~~ DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. o Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for spccitied lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation oflaw. No additional premIUm has been charged for the terrorism coverage required by the Act. o Developers Surety and Indemnit), Company Indemnity Company of California ] 7780 Filch Irvine, CA 92614 W"W, inscodico.com c POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COi\lPANY INDEMNITY COMPANY OF CALIFORNIA PO nox 197:!5. IRVINE. CA 916:!.~ (1).J')) :!6J-J3()() KNOW ALL MEN BY TIIESE PRESENTS. rhat L'xccpl ;J~ L'xprl.....ly limlh:d. DEVELOPERS SURETY AND I~DE\1NITY COMPANY :llIU INDEMNITY COMPANY O~ CALIFORNIA. do ei"lch, h':l"t"hy lll<1ke. constiTute <1nd <1ppoinl ***Keith W. Newell, Maria A. Quiroz, Victoria M. Campbell, Janina Monroe, Paul Boucher, Michael Vanasopha, Michael Chalekson, joint or severally*** ;IS their trut' <lilt! l;l\\ tid Aflorneylsl-in-Frlf':l. IClI1l;lke. execute. deliver :Inti iH.:kmm kdge. for ,md 011 ot'h;!lr of ..rl1O corpormions. ns smelies. honds. undertakings ,lIlU contracts of sl1I'L'ryship giving :1Ilt! granting lInto 'i;lId Atll1rlh:yhl-il1-F acl full pll\\....1' and authority to do illld 10 perfmlll C\L'ry .1et necessary. rL'quisilC ur proper 10 oe dnllc ill t:OllllL'clioll lhcrt'wjlh ;IS c,u.:h {If said corpmallolh cmlld do, hUI r~'sl.'r\'ing It1 cadl of s,ud (,:nrporaliolls full pm>"l:r of sub~tiftlti(1n ,md n.'vtlcalion. ami all uf the acts of said AtHlrIll:y(s).in-Fm:t. PUI'SU,lnt 10 lhesl: pres~'t1ls, arc herehy rallfied Hnd ClHllirl11l:d. ThiS Power of Altorney is gran led ilnd is signed hy 1:1csimile under alld hy illllhorily of the following resolutions ildorled hy Ihe respective Hoard of Director.; of DEVELOPERS SURETY AND INDEMNITY COMPANY alH1 INDEMNITY COMPANY O~ CALIfORNIA. cftecllve as of Novel11tler 1.2000: RESOLVED. tlwlthc Ch,lirlll,ln uf the BU;lId. lht' PrC'illkll! ,lIld any Vil'l: Prl:sidl.'llt of I Ill: t:orpor:llion hl'. ,lIld thai l:al.:h uf IIH.'1ll herehy is, ,ltIlhnrizcd to cXCt:lIle Powers of Arhli'lll:Y. qualifying the :lIlOrnt'Y(~) named in ,hl: Powers uf Al10rney hl exet:1I1e. 011 hdHllf \If Ih;.: wrp(1raliolls. hOllds. undcrlilkings and cunlwt:ts of surctyship: ,lilt! ,h:lI thc SeClelnry or any Assl~talll Scncwry of thc corpora lions hc, and each of Ihem herl;"hy i~. aulhori7.l;"d to nUest Ihe cxct;lllioll of any such Po\\cr of Allomc)': RESOLVED. FURTIIER. that th~' :-.ignatures of :-.uch otrit:ers Illil)' hl: atfixl:d ((I ;lilY sllch P\lIVl:r of Attorney (l[ 10 ally cenllicnlc relaling therl.'lu hy f.lt:simi1e. and ,lilY such Power (lfAllorlll:Y or l:~'l"lilil"ille bl.';lrll1g su~h 1;ll'stlllde ~Igll,ltures sh;lll bl.' \';lIid alld binding upon thl.' C(11'I'Nillion whcn S(I .,nixn1 iU1U in Ihe future with respl.:l't tll ilny hondo llnderwking or COlllrill't of sllletys]l1p 10 Ivhich it i:-. i1nat:lwd IN \I,.'ITNI:::SS WHEREOF. DEVELOPERS SL'RETY A1'\D INOUo.l!\'ITY COMPANY and I~DI:::MNITY C()\1PA~Y O~ CALl~ORNIA hove severally caused these pre~ellls 10 he signl;"d by their respeclive bl;"l:Uli\C Vice Presidenl and allesled hy lheir respel.'tive Secretary this hI day ofOclohel". 200:\, r-=') ~ o ........'''''...., ,.,., "( AND ""'; ....~"'~..............."'C/". l~ ,....o~POR..q;:....+ '\. : .'t" <t"'~':. t;:l OCT. \~i ;~~ 10 1n~ ~o.... 1936 jOI ':.~" .,~: ~~...... "1~""".'OW (l. ","~-4 "" " 0 ........... ~~.' ......... * .."",.. ."..""..... 8y "'~''''~~ \1,. illler A. ("ro\\el1. Sl;"Crelary STATE Of CALIFORNIA I .55. I COUNTY OF ORAMil:: On Octoher 1.2003. before me. Diane.l Kawata. pel"'.onnlly appeared David H. Rhodes alld Waller A. Crowell. personally known 10 me (or proved 10 me on the basis of S,llisfaclory c\'idcncc) 10 be the I'crson~ whose namcs arc suhscribed to the within instrUlllcnt and acknowledged 10 me thm they cxeculcdlhe same ltl Iheir l1uthoriz..:d eillMcilies. and IlwI by Iheir signalllres olltlw ins\l"Ulllcntthe enr1f} UpOIl behalf ofwhrch .I~~e persons acled. executed Ihe inslrument. s:z~ ,- ) ~~,:.. DrANE J. KAWATA ~ Q ~'.." CQMM.. 1334746 ~ ::;~-:!/t7 ~ _ Notary Public. CahlorOla " ;; ~..... ORANGE COUNT Y S I . My Comm Expires JAN 8 2006 ~ Signaltlrl;" CERTIFICATE The tfntbsigned.l1s Senior Vit:e-PI'l.'~idenf. Untlet"\\Tiling of DEVELOPERS SURETY A\:D I~Dr:\1\,jITY COMPANY illlt! INDEMNITY COMPANY Or C ALlFORNIA. dne~ hereby certify Ih;]llhe foregoing Powcr (If Allomcy remaills in full torce lInd ha." 110t hct'1l revoked. and fllnhermore. Ihlll the rrovisions of the re~olulion~ of the respeclive Boards of Dn-eClors of s;]id eorpor<lliolls set forth rn Ihe Power ot AlIorney. !Ire in It.1rce a,> of the dale of this CeI1ilici\te. o Thi,~ Cerlltit:ille is executcd in Ihe Cily (11' Irvine. Cillifomia, lht' day of NOV102(l5 8, LJ (;) Wesley W. Cowling l;"nior \"ice-Pre~rdcnt, Ullcten\1I I );! lD-! )1'0 (Rev. 100:;) ACORD DATE (MM1ODIYYYY] TM CERTIFICATE OF LIABILITY INSURANCE 10/24/2005 PROOUCER pnone (303) 6:J5.AVID(2S.3) Fax (JOJi80S-2lJ4S THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION AVID INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 456 HOLDER. THIS CERTIFICATE DOeS NOT AMEND. EXTEND OR ( "'RKER CO 80134 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. "" INSURERS AFFORDING COVERAGE NAIC # - PROBUILDERS SPECIALTY INSURANCE CO, RRG INsuRED INSURER A CALPROP CORPORATION; NORTH PARK 19, LLC 'INSURER 8, DRAKE DEVELOPMENT, LLC - -- INSURER C 13160 MINDANAO WAY - - MARINA DEL REY CA 90292 INSURER 0 -- INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE PO!..ICY PERIOD INDICATED NQTV....lTriSTANDIN::; ANY REQUIREMENT. TERM O~ 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 HEREI,.. IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDITlON5 OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS ,IIISR ....DO.~ TYPE OF INSURANCE , POLICY NUMBER 'g;ii';::~~ ~~~ ~:O~~N LIMITS cHI 'N$RC GENERAL LIABILITY WPIN5005435 08/02105 08/02/06 EACH OCCURRENCE . 1,000,000 X COMMERCIAL GENERAL LIABILITY, DAMAGE iO RENTED . excluded PRfMISfS lEa oecurence) CLAIMS MADE X I OCCUR MEO. EXP (Anyone person) . 5,000 A P,=RSONAL & AOV INJURY . 1.000.000 -- GENERA~AGGREGATE . 2,000,000 GEN-LAGGREGATE :"IMIT APP!..IES PER PRODuCiS-COMPIQP AGG . 1,000,000 X PRO- : POLICY JECT lOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EaacclClent) . A:.L OWNEDA,UTOS i 600lL Y INJURY (Per person) . SCHED'JlED AlITOS HIRED AUTOS BOOIL Y INJURY , . NON-OWNED AUTOS (PeraCCloent) . PROPERTY DAMAGE . (peracc::len:t GARAGE liABILITY AUTO Otl,:.. V . EA ACCIDENT . ;,,:-,;v":'-':TO OTHER 7"1...N EA ACe . AUTQONLY AGG . eXCESS I UMBRELLA LIABILITY . EACH OCCURRENCE . OCCUR CLAIMS MADE ' AGGREGATE . . DEDUCTIBLE . ~ETENTlON S . WORKERS COMPENSATION AND WCS1ATV. eTHER EMPLOYERS' LIABILITY TORY _1'-'\1':"5 ANY PROPR1ETORIPARTNI!NEXECUTIVE EL EACr< ACCIDENT . OFFICER/MEMBER EXCLUDED? EL DISEASE-E.ll EMP;.OYEE . II yn,dntnbeunde' SPECIAL PRO\llSIONS below E L OISE..SE-POllCV L1M,T . OTHER: -- DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS TRACT NUMBER: 16865 CERTIFICATE HOLDER COVERAGES CITY OF SAN BERNARDINO 300 N 0 ST SAN BERNARDINO, CA 92418 CANCELLATION SHOULD ANY OF THE A80VE DESCRI8EO POLIC,ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF", ':"HE ISSuiNG INsuRER WILL ENCEAVOR TO MA;L 10 DAYS W~JTTEN NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO;)O SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY I(.IND UPON TME INSURER IT'S AGENTS OR RE",RESENTATIVES Attention: LYNN PARKER ACORD 25 (2001/08) Certificate # (1) ACORD CORPORATION 1988 10911