HomeMy WebLinkAbout14-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Subject: Resolution approving Final Map for
Tract No. 16509-1 located on the
west side of Northpark Boulevard
between University Parkway and
the Devil Creek Flood Control
Channel.
From: James Funk, Director
Dept:
Development Services
Date:
September 15, 2004
ORiGiNAL
File No: 11.03; TR 16509
MCC DATE: 10/04/04
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading
of Campus Parkway between Kendall Drive and Northpark Boulevard.
Recommended Motion:
Adopt Resolution.
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Contact Person: Mike Gmhhs Rnl' M~n~l1er/Field Rnl1ineer
Supporting data attached: Staff Report. Reso.. & Map
Phone: 'i 179
Ward:
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FUNDING REQUIREMENTS:
Amount: N/A
Source (Ace!. No.) N/A
(Ace!. Description) N/A
Finance:
Council Notes: ~~~-3~"
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tract No. 16509-1 located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control Channel.
Back2I"ound:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509 which consists
of 160 single family residential lots located on the west side of Northpark Boulevard between
University Parkway and the Devil Creek Flood Control Channel. This tentative tract was
approved for a period of two years. On October 7, 2003, the Planning Commission approved
Minor Modification No. 03-07 to Tentative Tract No. 16509 clarifying the acreage of the
Tentative Map. On July 12, 2004, the Planning Division approved Minor Modification No. 04-
07 reducing the total number of single family residential lots to 157. 150 of the lots will be
developed in upscale single family residential houses. The remaining 7 lots will remain
undeveloped pending an application for a change of General Plan Land Use.
In addition, Lots A through N will be created, which will be reserved for open space and park
purposes. Lot A, which contains 2.38 acres, will be reserved as a neighborhood park and will
be centrally located in the development and a trail will interconnect the park with the remaining
open space lots.
The Subdivider notified the Department of its intention to file multiple fmal maps based on the
approved tentative map. The proposed phasing plan has been reviewed by staff and it provides
for construction of improvements as required to constitute a logical and orderly development of
the entire subdivision.
The phasing is planned as follows:
Phase I (this phase) - Lots 1 through 31.
Phase II - Lots 35 through 59.
Phase III - Lots 60 through 73.
Phase IV - Lots 79 through 90.
Phase V - Lots 91 through 105.
Phase VI - Lots 106 through 150
Phase VII - Lots 151 through 157.
The improvement and grading plans have been prepared and approved. The Final Map has been
reviewed and found to be substantially in compliance with the Tentative Map and the
Subdivision Map Act. Therefore, we recommend that the Final Map of Tract No. 16509-1 be
approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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CITY OF SAN BERNARDINO PROJECT: TT 16509
PLANNING DIVISION CUP 03-06
LOCATION MAP
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 16509-1 LOCATED ON THE WEST SIDE OF NORTHPARK
BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE DEVIL CREEK
FLOOD CONTROL CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
No. 16509-1, a 31-lot, single family, residential subdivision located on the west side of
12 Northpark Boulevard between University Parkway and the Devil Creek Flood Control
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Channel, together with the provisions for their design and improvements, is consistent with
the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
University Park, LLC, for improvements in said subdivision tract as are required by Title 19
of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are specifically described and
shown on Drawings approved and on file in the office of Development Services of the City of
San Bernardino.
SECTION 3. The Final Map of said subdivision tract is hereby approved and the
City of San Bernardino hereby accepts as public property all dedications within the
subdivision as shown on said Final Map for streets, alleys (including access rights), drainage
and other public easements. As a condition precedent of approval of the Final Map, the
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDMSION
TRACT NO. 16509-1 LOCATED ON THE WEST SIDE OF NORTHPARK
BOULEVARD BETWEEN UNIVERSITY PARKWAY AND DEVIL CREEK FLOOD
CONTROL CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORm
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDMSION, WIm TIME
FOR PERFORMANCE SPECIFIED
Subdivider shall first execute the agreement referenced in Section 2 hereof for the
improvements within said Subdivision.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
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C 2 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 16509-1...
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting thereof, held on
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7 the _ day of , 2004, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
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LONGVILLE
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12 MC GINNIS
13 DERRY
0 14 KELLEY
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JOHNSON
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17 MC CAMMACK
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19 City Clerk.
20 The foregoing resolution is hereby approved this day of
2004.
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Judith Valles, Mayor
23 City of San Bernardino
24 Approved as to
Form and legal content:
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26 JAMES F. PENMAN,
City Attorney
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2004, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and University Park, LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled 16509-1; 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 streets, 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 Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by 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 of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Reoairs and Reolacements. 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 Deoosits - 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: Comoliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municioal Code.
8. Suoerintendence bv Subdivider. Subdivider shall gIve personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Insoection bv Citv. 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 Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
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 Municioal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation InsurancelEmployer's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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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 ($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 occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
. on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be dermed as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander 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 carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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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, attomey'sllegal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of 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 Sl!bdivider'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 shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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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
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of. any third party against
SubdividerlDeveloper or the City or to enlarge in any way the Subdivider'slDeveloper'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 SubdividerlDeveloper's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
consiructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City; repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance bv Suretv or Citv. 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
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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 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
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,
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By:
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State of California }
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County of Orange
On August 11, 2004, before me, Janice Wall, Notary Public, personally appeared James
R. Watson, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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Si(na. ti3.e of Notary Public
J aI!ice )'Vall
Comiiilssion# 1316136
Expires 8/29/05
Place Notary Seal Above
Optional
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of tbis form to another document.
Description of Attached Document
Title or Type of Document: Agreement <Subdivision Improvements)
Document Dated: To be dated by last signer Numherofpages: 13 pages
Capacity(ies) Claimed by Signer Signers Name: James R. Watson
X Individual
Corporate Oflicer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
X Signer is Representing: University Park, LLC. Managing Member
Other signers
City Clerk (San Bernardino)
James F. Penman, City Attorney
Judith Valles, Mayor.City orBan Bernardino
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of
undersigned, a Notary Public in and for said County and State,
, 20 ., before me, the
onall y appeared
personally know to me (or proved to me on the?' of satisfactory evidence) to be the
President, and / personally known to
me (or proved to me on the b is' of satisfactory evidence) to be the
of the oration that executed the within instrument, and
know to me to be the persons wh ecuted the within instrument on behalf of the corporation
therein named, and acknowl ed to me that such corporation executed the same, pursuant to
its by-laws, or a resoluf of its Board of Directors.
WITNESSmyhan d official seal. \C~'",- ee,-h!;"".\-, (\.\\-,,,,,,h,.&
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Notary Signature
(This area for official seal.)
13
r'lC.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond No. 2134991
Premium: $8568.00
Subdivision Bond -
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That UNIVERSITY PARK, LLC, as Principal, and INSURANCE
COMPANY OF THE WEST, a corporation organized and existing under the laws of the State of California and
authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN
BERNARDINO in the sum of SEVEN HUNDRED FOURTEEN THOUSAND AND NO/100 DOLLARS ($714,000.00)
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
o The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract dated N/S, with the CITY OF SAN BERNARDINO to do and perform the following work, to wit: Subdivision
improvements covering Street Improvements, Sewer Improvements and Storm Drain Improvements for Subdivision
UNIVERSITY PARK, Tract 16509-1.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 13th day of August, 2004.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF THE WEST
By: .~~. , Iv
lere . Jackson
Attorney-in-fact
'.....
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CA.ICW28(71OO)
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STATE OF California
} SS
COUNTY OF Los Angeles
On August 13. 2004
, before me. Cart C. Hossli. Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
..'idence)to be rhe personls) whose namels) is/are subscribed ro rhe
wirhin insrrumenr and acknowledged ro me rhar he/she/rhey execured
rhe same ii, hislherltheir aulhori,~d capacity( ies). and that by hislherlrheir
signaturels) on the instrument the personls). or the enrity upon behalf
a/which the person(s) acted. executed the instrument.
Signarure
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WITNESS my hand and official seal.
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TlTlE(S)
Subdivision Bond
TITLE OF TYPE OF DOCUMENT
o PARTNER(S)
o liMITED
o GENERAL
One
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
August 13, 2004
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENmY(lES)
INSURANCE COMPANY OF THE WEST
University Park, llC
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL.PURPOSE ACKNOWLEDGEMENT
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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the same in ~her/thllir lluthorized
capacity(~), and that by @th_ltl)eir
signaturelJ) on the instrument the person(s), or
the entity upon behalf of which the person(~
acted, executed the instrument.
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WITNESS my hand and official seal.
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P'", Nota" ...1 Aba"" OPT/~ S~",lure 01 Nota" P"~i,
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: "',.,\,1.,,", ,c" D" \'\,,,....A
Document Date: ~ \.'... t. v.. c...+ ,?., 1'2 c:"to. -.\
\
NumberofPages:J ;;.;.Iv. \ "h,h
Signer(s) Other Than Named Above: TJ1(.(':".. -C 1"\(.\'-<,L") -'1:~~<,.,...."..-. (';""'~""'t'
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Capacity(ies) Claimed by Signer
Signer's Name: -ri . ",; '. . i:<. '^' ,< ,\-.,C ,")
s.1 Individual
~ Corporate Officer - Title(s):'
C Partner - C Limited CJ General
C Attorney in Fact
CJ Trustee
[J Guardian or Conservator
1. Other: \"\;"""I""\i\\>\,~g.--I,,\\\\\i""''',h\Y,,~\<., lU_
RIGHT THUMBPRINT
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Signer Is Representing:
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Cll999NabOrlll NotaryAasocialioo .9350 De SoIoIwe. P.O. Box 2402 oChal5wor1h, CA91313-2402 .__n~lary_Ofg
PlOll. No. 5901
Reordef:CalTOII.FrH'-IlJO-I7t.eI21
~o. 0004051
ICW GROUP
Pow~r of Attorn~y
In5unnc~ Company of tbe ,,"'est
The Ex.plorer Insurance Company Independence Cuualty and Surel)' Compan)'
NOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West. a Corporation duly organized under the laws of the State ofCalifomia, The
Explorer Insurance Company, a Corporatic.\n duly organized under the laws ('lfthe State of Arizona. and Independence Casualty and Surety Company. a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint
TERESA I. JACKSOS. CARL C. I10SSLI
their true and lawful Anomey(sHn-Fact with authority to date. execute. sign. seal. and deliver on behalfofthe Companies, fidelity and surety bonds. undertakings,
and other similar contracts of suretyship. and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16dl day of January, 2001.
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ISSURASCE COMPASY OF THE WEST
THE EXPLORER ISSURASCE COMPASY
ISDEPESDESCE CASUALTY ASD SURETY
COMPASY
John H. Craig. Assistant Secretary
John L. Hannum. Executive Vice President
State of Cali fomi a
County of San Diego
On December 5. 2003, before me. Mary Cobb. Notary Public. personally appeared John L. HatUlumand John H. Craig. personally known to me to be
the persons whose names 3re subscribed to the within instrument. and acknowledged to me that they executed the same in their authorized capacities. and that by
their signatures on the instnlmcnt,lhe entity upon behalf of which the persons aCled. executed the instrument,
} ss.
Witness my hand and official seal.
.. MAAYCOBa I
~ . .-.. COMM. #1321341
U . . "liCTA~'i'P1J8l,r..C~~lf:>R~.aA 1l
tit .. SAN DIEGO COUf'lTV n
U:;t; M,;, CVmm:UJOi"l E:Xj;li'es i
I. SEPTEMSER 2C <:005
\-frtvv._, {](}.-OO
"---
Mary Cobb. Notary Public
RESOLUTIONS
This Power of Anomey is granted and is !iigned. sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopled by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company. together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Anomey appointing the person(s) named as Anomey{s)-in-Fact to date. execute. sign.
seal. and deliver on behalf of the Company_ fidelity and surety bonds. undertakings. 3Jld other similar contracts of suretyship. and any related
documents.
RESOLVED FURTHER: That the si~tures of the officers making the appointment. and the signature of any ofticer certifying the validity
and current status of the appointment. may be facsimile representations ofthose signatures: and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals. and such facsimile representations shall have Ihe same
force and effect as if manually affixed. The facsimile representation.. referred to herein may be affixed by stamping. printing. typing. or
photocopying."
CERTIFICATE
I. the undersig.ned. Assistant Secretary of Insurance Company oflhe West. The Explorer Insur:ance Company. and Independence Casualty and Surety Company. do
hereby certify that the foregoing Power of Attorney is in full force and elTect, and has not been revoked. and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies. and are now in full force_
IN WITNESS WHEREOF. I have set my hand this 13th day of August" 2004
John H. Craig. Assistant Secretary
o verify theaulhenticity of this Power of Attorney you may call1..tolOO-X77-1111 and ask for the Surety Di,,'ision. Please reler 10 the Power of Anomey Number,
the above named individual(s) and details ofthe bond to which the power is attached. For mformation or filing claims. please contact Surety Claims, ICW Group,
11455 EI Camino Real. San Diego, CA 92130-1045 orcalll~5lS} 350-2400.
I.C.W. GROUP
d INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 91130
P.O. BOX 85563 SAN DIEGO, CA 91186-5563
(858) 350-1400 FAX (858) 350-1707
WWW.icwgfoup.com
Subdivision Bond
(California)
LABOR AND MATERIAL BOND
Bond No.: 2134991
Premium: Included in Performance Bond
Whereas, CITY OF SAN BERNARDINO, State .of CalifQrnia (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered intQ an agreement whereby Principal agrees tQ install and cQmplete certain
designated public imprQvements, which said agreement, dated NIS,', and identified as praject UNIVERSITY PARK, TRACT 16509.
I is hereby referred tQ and made a part hereaf; and
Whereas, under the terms .of said agreement, Principal is required, befare entering upan the perfarmance .of the wark, tQ file a good
and sufficient Payment Band with the Obligee tQ secure the claims tQ which reference is made in Title IS (cammencing with SectiQn
3082) .of Part 4 afDivisiQn 3 .of the Civil Cade .of the State afCalifarnia.
Naw, therefare, said Principal and INSURANCE COMPANY OF THE WEST (hereinafter designated as "Surety") are held and
firmly bound untQ the Obligee and all cantractars, subcantractars, labQrers, materialmen and .other persons emplQyed in the
perfQrmance .of the afaresaid agreement and referred ta in the afaresaid CQde .of Civil Procedure in the sum .of THREE HUNDRED
FIFTY.SEVEN THOUSAND AND NO/IOO dallars ($ 357,000.00 ), far materials furnished .or labQr thereQn .of any kind, .or fQr
amaunts due under the Unemplayment Insurance Act with respect tQ such wark .or labQr, that said Surety will pay the same in an
amQunt nQt exceeding the amaunt hereinabove set fQrth, and alsQ in case suit is brQught uPQn this bQnd, will pay, in additiQn to the
face amQunt thereaf, casts and reasanable expenses and fees, including reasQnable attQrney's fees, incurred by Obligee in successfully
OfQrcing such Qbligatian, ta be awarded and fixed by the CQurt, and tQ be taxed as casts and ta be included in the judgment therein
ndered.
It is hereby expressly stipulated and agreed that this bond shall inure tQ the benefit .of any and all persQns, cQmpanies and carporatiQns
entitled ta file claims under Title IS (cammencing with Sectian 3082) .of Part 4 .of Divisian 3 .of the Civil Cade, sa as tQ give a right .of
actiQn tQ them .or their assigns in any suit brQught uPQn this bQnd.
ShQuld the cQnditiQn Qfthis bond by fully perfQrmed, then this QbligatiQn shall becQme null and VQid; .otherwise it shall be and remain
in full fQrce and effect.
The Surety hereby stipulates and agrees that nQ change, extensiQn .of time, alteratiQn .or additiQn tQ the terms .of said agreement .or the
specificatiQns accQmpanying the same shall in any manner affect its QbligatiQns .on this bQnd, and it dQes hereby waive nQtice .of any
such change, extensiQn, alteratiQn .or additi.on,
In witness whereof, this instrument has been duly executed by the Principal and Surety abQve named, .on August, \3,2004.
Attest .or Witness:
By:
INSU
(Seal)
By:
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All n"Y.ln-Fact
(Seal)
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CA-ICW47 (7/00)
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STATE OF Califomia
} 55.
COUNTY OF Los Angeles
On August 13. 2004
. b~fore me. Carl C. Hossli, Notary Public
PERSONALLY APPEARED Teresa I. Jackson
personally known tu me (or proved 10 me on the basis afsatisfactory
evidence) to be Ihe person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that helshellhry executed
the some in hislher/their aurhoril.ed capacity( ies), and that by hislherltheir
signature(s) on the instrument the person(s). or the entity upon behalf
of which the person(s) acted. executed the instrument.
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wrrNESS my hand and official seal.
Signature
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Thi.'1 area for Offidal Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
ptevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Labol and Material Bond
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
III ATTORNEY.iN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
Augusl13. 2004
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
University Park, LLC
SIGNER S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5ltll)
ALL-PURPOSE ACKNOWLEDGEMENT
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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to be the person(:!) whose name(ll) G1a.e
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the same in Cfu$Jn.rltl1eir authorized
capacity(i,s), and that by @n__ltl\lJir
signature(lll on the instrument the person(s:), or
the entity upon behalf of which the person('lIl
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WITNESS my hand and official seal.
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Place Notary Seal Above
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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: Le,\-" "
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Document Date: \-\\'..r,l.t. ,\
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Number of Pages: \ 1.<.' ,\1,-, \ c. \\-", \.,,,,~,,
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Signer's Name: -\L" ," ~ \-l.. W( ,\"',..,...
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--' Partner - = Limited C General
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RIGHT THUMBPRINT
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LLC
Signer Is Representing:
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01999 National Notary ~1iOn .9350 De SotoAw., ,"0, 80~ 2402 .Chatsworlh. CA91313-2402-_.l'Ialiorlalnolary.org
Reon:ter: Call Tai.Free l-1CJO.178.tll27
f>rod. No. 5907
~o. 0004051
lCW GROUP
Power or Altorne)"
losurance Compan)' of the West
The Explorer Insurance Company Independence Casualty and Surety Company
OW ALL MEN BY THESE PRESENTS: That Insurance Company of the West. a Corporation duly organized under the laws of the State of California. The
Explorer Insurance Company. a Corporation duly organized under the laws orthe State of Arizona. and hldependence Casualty and Surety Company. a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"). do hereby appoint
TERESA J. JACKSOS. CARL C. HOSSLl
their true and lawful Attomey(s)-in-Fact with authority to date. execute. sign. seal. and deli ver on behal f of the Companies. fidelity and surety bonds. undertakings.
and other similar contracts of suretyship. and any related documents.
In witness whereof. the Compani(S have caused these presents to be executed by its duly authorized ollicers this 16th day of January. 2001.
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ISSURASCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPASY
ISDEPENDE1iCE CASUALTY AND SURETY
COMPANY
John H. Craig. Assistant Secretary
John L. Hannum. Executive Vice President
State of Cali fomi a
County of San Diego
On December S. 2003. before me, Mary Cobb. Notary Public. personally appeared John L. Hannum and John H. Craig. personally known to me to be
the persons whose names are subscribed to the within instrument. and acknowledged to me that they executed the same in their authorized capacities. and that by
their signatures on the instrument, the entity upon behalf of which the persons acted. executed the instrument.
Witness my hand and official seal.
} ss
I@ MARY COBB I
_ .' ..... COMM. "'321341
U. NCT~R'{ PlJ8l,r..C.liLlfOR~llA g
(II. SAN OIeGO COUNTY n
U, M'Y Com:Th5POt"1 Exg:res ....
I SE?TEMSER 20 2005 I
'---h Wt.-." {!r}- hh
Mary Cobb. Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed. sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of _each of the Companies: .
"RESOLVED: That the President. an Executive or Senior Vice President of the Company. together with the Secretary or any Assistant
Secretary. are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attome-y(s)-in-Fact to date. execute. sign,
seal. and deliver on behalf of the Company. fidelity and "urely bonds. undertakings. and other similar contracts of suretyship. and any related
documents.
RESOLVED FURTHER: lbat the signatures of the officers making the appointment. and the signature of any officer certifying the \'alidity
and current status of me appointment. may be facsimile representations of those signatures; and the signature and seal of any notary. and the
seal of the Company. may be facsimile representations of those signatures and seals. and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be allixed by stamping. printing. typing. or
photocopying."
CERTIFICATE
I. the undersigned. Assistant Secretary of Insurance Company ofthc: West. Thl:: Explorer Insurance Company. and Independence Casualty and Surety Company. do
hereby certify that the foregoing Power of Attorney is in full force and effect. and has not been revoked. and that the above resolutions were duly adopted by the
respective Boards of Directors orthe Companies. and are now in full force.
IN WITNESS WHEREOF,I ha,~ set my hand this 13tb ,day of _ August 2004
~~
John H. Craig. Assistant Secretary
To verify the authenticity of this Power of Anomey you may call1-NOO-M77-111: 4nd ask for the Surety Dh'ision. Please refer to the Power of Attorney Number.
the above named individual(s) and details of the bond to which the power is att="ched. For information or filing claims, please contact Surety Claims. (CW Group.
11455 EI Camino Real. San Diego. CA 92130-2045 oreall (K5X) 350.2400,
o
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o EXPWRER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
P.O. BOX '5563, SAN DIEGO, CA 92116-5563
(1511350-2400 FAX ('5') 350-2707
WWW.i('1lt'llrouD.rnm
BOND NO. 213 49 92
PREMIUM S 1176.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a final map for the development identified as: UN[VERSITY PARK, TRACT 16509-[
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDlV[S[ON, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Nine
Thousand Eight Hundred and No/lOO Dollars ($9,SOO.00), lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The conditions of this obligation is such that if the monuments are set on or before N/S, - and the
engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become
null and void. Otherwise it shall be and remain in full force and effect.
o
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that nQ change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyWay affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on August 13,2004.
UNIVERS[TY PARK, LLC.
INSURANCE COMPANY OF THE WEST
By: lames R. Watson, Managing Member
IENCY:
o Director of Public Works
CA-ICW 30 (7/00)
o
o
o
STATE OF California
} SS.
COUNTY OF Los Angeles
On August 13, 2004
, before me. Ca~ C. Hossli, Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis afsatisfactory
e\'idence) to be the person(s) whose name(s) is/are subsc'ribed to the
within instrument and acknowledged /0 me that he/she/they executed
lhe same in hislherltheir aulhoriud capacity( ies), and Ihal by hislherltheir
signalure(s) on Ihe inslrumenllhe person! s), or Ihe enlity upon behalf
afwhich the persolJ(s) acted. executed the instrument.
WITNESS my halld and official seal.
,'I /
Sigllalure ( ;' . e-~ ~
OPTIONAL
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
mLEiSl
o PARTNER(S)
o LIMiTED
o GENERAL
III ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(lES)
INSURANCE COMPANY OF THE WEST
10-1232 (REV. 5101)
DESCRIPTION OF ATTACHED DOCUMENT
Monument Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 13, 2004
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
ALL.PURPOSE ACKNOWLEDGEMENT
o
o
o
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~-0<''cc,(X'.I!:<'.c<'~i8',C<',,(X'.c<'.c<' -
~
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State of Califomia
} ss.
County of
(""'~l\\\.C'\.e
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On Al"\""~ \'~J ht'.\ ,before me, ~(,,\\U \"".\'J ~l'\C'\l. Vl\\'\\/
Dale ' Name and Title Officer (e.g.. "J Doe. Notary Public")
personally appeared ~(,\ \ \ \~ <, \<. \A r \-'"t \ \
Name(sjofSign8f'(l)
~ personally known to me
3-. ~re,,~d to 11I'I:i 011 Un=: ba5i5 sf sstisfaetsFj'
C'Y idG"ee
~
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j Noay NIle. CaIIon*I I
J' 0Iange CoInv t
_ _ _ ~~~~29~~
to be the personW whose name(.) ~
subscribed to the within instrument and
acknowledged to me that<;iie1~e/tl')ey executed
the same in ~r,er/their authorized
capacity(~), and that by (fiCsilJer/tlMir
signaturec.-) on the instrument the person(;ll), or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
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_C"'\"''''u I.. \,. (. C (
/. Signature of Notary Public
.. \
OPT/~)
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.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document: \\ \r,\ ,,^ _n.. ......'" ~ -r
Document Date: A"'ll' ,\ \ ~ 1 J l ('1
Number of Pages: \ w.\-'" It, \\l\~hl\'\t
Signer(s) Other Than Named Above: \~ (" ~C" L \L~ ~<:'t;--" - jot"'..,,,,.. (' c;'''''(~''i
D. - ,"q lo..,...-t;....I\.
Capacity(ies) Claimed by Signer
-- .-.
Signer's Name: \(\11"':.' \< h.c-\~(:.""""
~ Individual
C Corporate Officer - Title( s):
C Partner - == Limited == General
~ Attorney in Fact
C Trustee
CJ Guardian or Conservator
~ Other: \\\("~l.C ""I \\"'.,,\.,
o
RIGHT THUMBPRINT
Of SIGN[H
Top of thumb here
.- \1,""..'\.i-.i ~-~~\-..\ \'l..('K
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Signer Is Representing:
C 1999 National Nota'Y AssocialiOrl"9350 De SoloAve. P,O. EkK 2402 0 Chalswonh. CA91313-2402 ._.naIIcl'IIlnotIIry.org
Prod, No. 5901
Reordet: Call Tal-Free l-1OCH71-M27
~o. 0004051
ICW GROUP
Power of Attorney
Insuraocp Company of the West
Q The Explorer Insunnce Compan)' Independence Casualty and Surety Company
OW ALL MEN BY THESE PRESENTS: That Insurance Company or the West. a Corporation duly organized under the laws of the State ofCalifomia, The
xplorer Insurance Company. a Corporation duly organized under the laws orthe State of Arizona. and l.l1depmdence Casualty and Surety Company. a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"). do hereby appoint
TERESA I. JACKSOi'i. CARL C. HOSSLI
their true and lawful Anomey(s...in.Fact with authority to date. execute, sign. seal. and deliver on behalf of the Companies. fidelity and surety bonds, undertakings.
and other similar contracts of suretyship. and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January. 2001.
/;-~~ . - .,;.;y
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I~SURASCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDE:-iCE CASUALTY AND SURETY
COMPANY
John H. Craig. Assistant Secretary
John L. Hannum. Ex:ecl1tive Vice President
State ofCaJifomia
County of San Diego
} ss
On December 5. 2003. before me. Mary Cobb. Notary Public. personally appeared John L. Hannum and John H, Craig. personally known to me to be
the persons whose names are subscribed to the within instrument. and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument. the entity upon behalf of which the persons acted. executed the instrument.
Witness my hand and official seal.
o
I@ MAAYCOBB I
~ -j'. COMM. #'321341
u . _ ~~OT'\;h' Pt..'8L.;C.C~LlfOR~,'A t:I
tit. SAN DIEGO COUNlV 0
U'~ ~ CommISSIOn E..,,'res ...
I SEj:)TEMSER 20 2005 I
'-h~" (]t>--lh
Mary Cobb. Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed. sealed and notarized with facsimile signatures and st:8ls under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President. an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary. are hereby authorized to execute Powers of Attomey appointing the persol1(s) named as Anomey(sHn-Fact to date. execute. sign.
seal, and deliver on behalf of the Company. fidelity and surety bonds. undertakings. and other similar contracts of suretyship. and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and cllrrent status of the appointment. may be facsimile representations of those signanares; and the signature and seal of any notary. and the
seal of the Company, may be facsimile representations of those signanares and seal$. and such facsimile representations shall have the same
force and effect as ifrnanually affixed. The fac!'limile representations referred to herein may be affixed by stamping. printing. typing. or
photocopying. n
CERTIFICATE
L the undersigned. ..o\ssistant Secretary of Insurance Company of the West. The Explorer Insurance Company. and Independence Casualty and Surely Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect. and has not been revoked. and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies. and are now in fun force.
IN WITNESS WHEREOF. J ha,. set my hand this 13th day of AURUst 2004
~~
'" Jolm H, Craig. Assistant Secretary
","0 verify the authenticity of this Power of Attorney yOll may call1-800-K77-1111 and ask for the Surety Di\'ision. Please refer to the Power of AttomeyNumber.
the above named individualls) and details of tile bond to which the power is attached. For information or filing. claims. please contact Surety Claims. JCW Group,
11455 EI Camino Real, San Diego. CA 92 BO-2045 or call (K5H) 350-2400.
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o
WATSON & ASSOCIATES
August 7, 2003
By Facsimile to (909)-384-5155
And U.S. Mail
Mr. Michael Grubb
Acting Chief Engineer
City of San Bernardino
300 North "0" Street, 3'd floor
o San Bernardino, California 92418
Re: Watson Development at University Park
Subdivision Agreement (the "Agreement")
Dear Mr. Grubb:
James Funk provided me with your standard foml Subdivision Agreement. I have
one clarification to request that is consistent with my conversations with Mr. Funk and
our Engineer. Dave Ragland (Trans tech).
The Agreement is currently structured so that both a Performance and Warranty
bond are required in order to issue a pennit to install the improvements (See Paragraphs
10 (a) and (c) in the Agreement). Since the warranty is of no value until the systems are
up and running (and there is something to warrant), I wanted to request your confirmation
that the Warranty Bond does not have to be in place until the improvements are up and
running. In addition, in connection with paragraph 3, we intend to complete the work
within a year from the issuance of permits, subject to force majeure and matters beyond
Ollr control, generally.
.
o
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o
o
o
v1ichael Grubb, Esq.
August 7, 2003
Page 2
Assuming this is correct, please countersign below as and indication of your
agreement. Thank you for all ofyollr help. We look forward to a successful project.
Very truly yours,
University Park, LLC
Approved:
City of San Bernardino
B~~'~
Authorized Signatory 1t.{,z.(tJ 3
cc: Mr. James Funk
Mr. Chuck Diamond
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 8, 2004
TO:
Lynn Parker, Senior Civil Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-306 - Subdivision Tract No. 16509-1
CC:
Attached are two fully executed original agreements for improvements in Subdivision Tract No.
16509-1. An original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.