HomeMy WebLinkAbout16-Development Services
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subj~t:
Resolution approving Standard Form of
Agreement for Subdivision Tract No. 16509-1
(Lots 1 through 31) located on the West Side
of Northpark Boulevard between University
Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of
California, Inc., with time of performance
specified, and authorizing release of
University Park, LLC from terms of Standard
Form of Agreement for Subdivision Tract No.
16509-1 (Lots 1 through 31) as approved by
Resolution No. 2004-306, dated October 4,
2004.
Dept: Development Services
Date: April 28, 2005
File No: 11.03; TR 16509
MCC Date: 05/16/2005
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for
grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Subdivision Tract No. 16509-1
located on the west side of Northpark Boulevard between University Parkway and Devil
Creek Flood Control Channel.
Recommended Motion:
Adopt Resolution.
~X~
Staff Report, Reso & Map
Ward:
Phone: ~ 179
5
Contact Person:
Mike Gmhhs, Eng M~mag~r/Fie1d Engineer
Supporting data attached:
FUNDING REQUIREMENTS:
Amount: N/A
Source (Acct. No.) N/ A
(Acct. Description)
N/A
~. ~{){)5"- /l 0
Finance:
Council Notes:
S/"/fJ(
Agenda Item No. ~
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CITY OF SAN BERNARDINO - UQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Standard Form of Agreement for Subdivision Tract No. 16509-1 (Lots 1 through
31) located on the West Side of Northpark Boulevard between University Parkway and the Devil Creek
Flood Control Channel with Richmond American Homes of California, Inc., with time of performance
specified, and authorizing release of University Park, LLC from terms of Standard Form of Agreement
for Subdivision Tract No. 16509-1 (Lots 1 through 31) as approved by Resolution No. 2004-306, dated
October 4,2004.
BaclQuound:
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. Of these lots 150
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.
On October 4, 2004, the Mayor and Common Council approved the Final Map of Phase I of
Tract No. 16509 (Lots 1 through 31) and approved Standard Form of Agreement for
Subdivision Tract No. 16509-1 (Lots 1 Through 31) with University Park, LLC. University
Park, LLC, acting as the subdivider, has substantially completed development of the lots in
Phase I and is selling phase I to Richmond American Homes of California, Inc., which is
proposing to construct and market upscale homes on the lots.
University Park, LLC has submitted a letter (copy attached) requesting that it be relieved of its
obligations under terms of the Standard Form of Agreement for Subdivision Tract No. 16509-1
(Lots 1 through 31) and that its bonds be released. In exchange, Richmond American Homes
of California, Inc. has agreed to enter into a Standard Form of Agreement for Subdivision
Tract No. 16509-1 (Lots 1 through 31) and post bonds to guarantee compliance with terms and
conditions of the Agreement.
Attached is the Standard Form of Agreement for Subdivision Tract No. 16509-1 (Lots 1
through 31) executed by Richmond American Homes of California, Inc., including the required
faithful performance bond, labor and materials bond, monument bond and the certificate of
insurance, naming the City of San Bernardino as additional insured for the project. The bonds
are issued by Hartford Fire Insurance Company, which has an A.M. Best rating of A+ XV,
which exceeds the requirements of the Development Code.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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U5-04-20&5 11 :45am From-SHUMAKERSTECKBAUERWEINHART
2132292875
T-946 P.002/003 F-86B
University Park, LLC
333 South Hope Street, 36th Floor
Los Angeles, California 90071
tel: 213-229-2868 fax: 213-229-2870
May 4, 2005
By Facaimile to (909)-384-5155
And U.S. MaD
Mr. Michael Grubb
Field EngincerlEngincering Manager
City of San Bernardino
300 North ..on Street, 3rd floor
San Bernardino, California 92418
Re: University Park, LLC: Rclease of Bonds and cancellation of Subdivision
Agreement for Tract 16509-1
Dear Mr. Grubb:
On bchalf ofUnivcrsity Park, LLC, wc hereby request that its Subdivision
Agreement be cancelled and its bonds covering Performance, Labor & Material and
Monument ("Documents'') for Tract 16509-1 be released.
Please be advised that:
1. University Park conveyed its interest in Tract 16509-1 to Richmond American
Homes of Califotnia, a California Corporation ("RA'');
2. RA will complete the installation of all utilities, street infrastructure and
improvements;
3. RA will construct and market homes in accordancc with San Bernardino City
requirements; ,
4. RA will do all things necessary to permit the release of the house for occupancy;
and
5. University Park will have no further responsibility for Tract 16509-1 other than
guaraptces and warrantees to RA relating to Tract 16509-1.
University Park. LLC acknowledges the fact that RA has provided the City of San
Bernardino with a substitute Subdivision Agreement and bonds covering Performance,
_ "'''''1~'v.'"'''l''' rlliif-'-'-
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BS-B4-ZBB5 11:45am From-SHUYAKERSTECKBAUERWEINHART
mZZ9Z8T5
T-148 p.ooa/OBa F-18B
Michael Grubb, Esq.
May 4, 2005
Page 2
Labor and Material and Monument for Tract 16509-1.
Thank you for your attention to this matter.
v cry trUly yoUIS,
otSM. s~er
Authorized Signatory
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cc: Mr. James Funk
Mr. Chuck Diamond
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RESOLUTIONNO. tV)[PY
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION- TRACT NO. 16509-1 (LOTS 1 THROUGH 31) LOCATED ON THE
WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY
AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND
AMERICAN HOMES 'OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO.
16509-1 (LOTS 1 THROUGH 31) AS APPROVED BY RESOLUTION NO. 2004-306
DATED OCTOBER 4, 2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
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said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Richmond American Homes of California, Inc., for improvements in Subdivision Tract No.
16509-1 (Lots 1 through 31 of Tentative Tract No. 16509) 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 2. Standard Form of Agreement for Subdivision Tract No. 16509-1 as
approved by Resolution No. 2004-306 dated October 4, 2004, with University Park, LLC is
hereby cancelled by mutual consent of the City and University Park, LLC.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDMSION TRACT NO. 16509-1 (LOTS 1 THROUGH 31) LOCATED ON THE
WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY
AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDMSION TRACT NO.
16509-1 (LOTS 1 THROUGH 31) AS APPROVED BY RESOLUTION NO. 2004-306
DATED OCTOBER 4, 2004.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. 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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-1...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the-_ day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
C2Fi ~
By: .t~
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2005, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Richmond American Homes of California.
Inc., 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 (Lots 1 through 31); 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 prior 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 Specitlcations 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 MuniciDal 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
ail 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 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. Utility 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 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 a\1
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 Comoensation InsurancelEmolover'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 Liabilitv and Prooertv 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 wen 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 I
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to 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 Liabilit~ Insurance coverage
should be part of the Public Liability Insurance;
(2) Prooertv 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 occuI!ence.
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 shaH comply
with the same insurance provisions as the contractor(s) and
(4)
subdivider(s). I
Personal Iniury - Defined. As used herein, the term "personal injury..l
shaH be defined as a hurt or damage to one's person including, without
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limitation, damage to health, cuts, bruises, broken limbs and/or bones, I
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal right~, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shaH 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 ofthe cancellation or reduction I
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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
c~aracter including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or 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 Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle; respond to, provide defense for and defe~d 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 11 hereof.
(b)
That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to 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 I
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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 I
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to Imorovements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Reoair 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 I
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 AlZent 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 EneineerinlZ and Inspection. Subdivider shall pay to City the costs of
ail 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 wilt insure its
completion within the time specified, orany 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 AlZTeement: Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work 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:
Richmond American Homes of California, Inc.
1305 Corona Pointe Court
Corona, California 92879
(c) Notices required to be given to surety of Subdivider shall be addressed as I
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 Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attonley,
~
12
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino
SUBDIVIDER:
Richmond American Homes of California,
Inc.
By:
By:
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STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
ss.
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
'~i J (%JI~
S' ture of Notary
.Ie MARY T. COLON ~
ift Comm.I1419154 r.n
III NOJAIY .-.c .CAl/fONNIA
~ SallIInICIIlIIlo CounlJ .
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STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
ss.
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Brian Woods, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacities 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.
<L#l J c::iiI~
~ture of Notary
l.a~. MAR\' T. COlON ~
ift. Comm.IW9154 Iii
III NOIAIY pwuc. CAIfOIIM VI
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CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January 12, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that Anita Seiveley, Director of Land of the Company's
Inland Empire Division, is authorized hereby to enter into and execute and
deliver, on behalf of the Company, any and all land acquisitions documents, city
entitlement applications and permits, bond requests and related agreements,
utility agreements, invoices, consultant agreements, construction agreements
and master agreements, in connection with the Company's business of building
and selling homes; and
FURTHER RESOLVED, that Diana Hoard, Director of Planning of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all land acquisitions
documents, city entitlement applications and permits, bond requests and related
agreements, utility agreements, invoices, consultant agreements, construction
agreements and master agreements, in connection with the Company's business
of building and selling homes; and
FURTHER RESOLVED, that Julie Taverna, Purchasing Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all city entitlement
applications and permits, utility agreements, invoices, consultant agreements,
construction agreements and master agreements, in connection with the
Company's business of building and selling homes; and
FURTHER RESOLVED, that Lynn Whitesell, Office Manager of the
Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant
agreements, construction contracts and master agreements; and
G:\Minutes-2005\RAH-AII\RAHCA.011205.ACT.doc
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FURTHER RESOLVED, that Tom Whitten, Director of Customer Service
of the Company's Inland Empire Division, is authorized hereby to enter into and
execute and deliver, on behalf of the Company, any and all invoices, consultant'
agreements, construction contracts and master agreements.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By: Jose~retary
Ll.1'"
Executed at Denver, Colorado this l ,-Cay of January; 2005.
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CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of California,
Inc., a Colorado corporation (the .Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of January" 24, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that the Company hereby appoints Fernando Dutra as Vice
President - Construction (Inland Empire Division), effective January 24, 2005, to
serve until his successor is duly appointed or until the earlier of his resignation,
retirement, termination of his employment, or death; and it is
FURTHER RESOLVED, that Fernando Dutra, as an officer of the
Company, is authorized hereby to enter into and execute and deliver, on behalf
of the Company, any and all real estate documents necessary or advisable in
connection with the Company's business of building and selling homes.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
CD
By: .
Jds h H. Fretz, Secretary
/
Executed at Denver, Colorado this 2b -m:.. day of January, 2005.
.
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CERTIFICATE OF RESOLUTION
I, Joseph H. Fretz, as Secretary of Richmond American Homes of Califomia,
Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the
Company that the following resolutions were unanimously adopted by the board of
Directors of the Company pursuant to the Minutes of Action of the Board of Directors of
the Company as of March 30, 2005, and that such resolutions are in full force and
effect as of the date of this Certificate of Resolution:
RESOLVED, that the Company hereby appoints Brian. Woods as Vice
President - Land (Inland Empire Division), effective February 28, 2005, to serve
until his successor is duly appointed or until the earlier of his resignation,
retirement, termination of his employment, or death; and it is
FURTHER RESOLVED, that Brian Woods, as an officer of the Company,
is authorized hereby to enter into and execute and deliver, on behalf of the
Company, any and all real estate documents necessary or advisable in
connection with his appointment as Vice President - Land.
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
By: \'.Zh {~
JOs;l,~tz,'Secretary
Executed at Denver, Colorado this
7_~
~ day of March, 2005.
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BondNo. 83BSBCU3137
FAlTHFULPERFORMANCE
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to' install and complete certain designated public improvements, whicb
said agreement, dated , and identified as University Parle, Tract
16509-1 (Lots 1-31), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the tenns of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called
"Obligee"), in the penal sum of Seven Hundred Fourteen Thousand and 001100ths Dollars
($714,000.00), lawful money of the United Statcs, 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 condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their troeintent and meaning, and shall indemnify and save harmless Obligee, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of timc, alteration or
addition to the terms of the agreement or to tbe work to be performed therclinder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
docs 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 WHEREOF, this instrument bas been duly executed by the Principal and
surety above named, on April 22, 2005.
(principal)
(Surety)
Richmond American Homes of
California, Inc.
BY.~~ .
Title: . ~ f/~
Hanford Fire Insurance Company
(Ulllvealtyl'atk- TX.l-l'a1)
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STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
ss.
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
bj~ J d1I~
Si ture of Notary
Je MARY T. COlON l
... COmm.'lA1915. IA
II NOIAIJ MLK. . CAll'OIIllA VI
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State of nlinois}
} ss.
County of Cook }
On April 22. 2005. before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Companv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires Seotember 23. 2005
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Bond No. 83BSBCU3137
LABOR AND MATERIALS
WHEREAS, the City of San Bcmardino, State of California, and Richmond American
Homes of Califomia, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated and identified as University Park. Tract 16509.1 (Lots
1-31), is hereby referred to and made a part hereof; and
WHEREAS, under the tcnns of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
San Bema,rdino (hereinafter designated as "Obligee"), to secure the claims to which reference is
made in Title 1 S (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California,
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance ()f the aforesaid agreement and referred to in the
aforesaid Code of Civil Procedure in the sum of Three Hundred Fifty Seven Thousand and
00/10Oths Dollars ($357,000.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorneys fees, inCUIred by Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 1 S (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
additioll to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
surety above named, on April 22, 2005.
(principal)
(Surety)
Richmond American Homes of
Califomia, Inc.
Hartford Fire Insurance Company
~~~~
Univcrslty Patlc-TKI-U:M
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STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
ss.
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
Li;:~~V
~. MARY T. COlON l
_ Comm. ',lM154 I
III IION'I FUILIC., Co\L,fOlllllA _
i Ian Ie,narolno cOUIllJ-l
1Irc:... Eaplrtl May1O.-
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State of lllinois}
} ss.
County of Cook }
On ADri122. 2005. before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance ComDanv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires Se,ptember 2~. 2005
".V'l1y"",,,Ilt-.
OFFICIAL 'SEA.::."~v~
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POWER OF ATTORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company 0
Hartford Insurance Company of Illinois rn
Hartford Insurance Company of the Midwest 0
Hartford Insurance Company of the Southeast 0
rn Hartford Fire Insurance Company
J;iJ Hartford Casualty Insurance Company
VJ Hartford Accident and Indemnity Company
o Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companiesj do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, stephen T. Kazmer, Dawn I. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Countryside, IL
their true and lawful Attomey(s)-In-Fact, each in their separate capacity if more than one Is named above, to sign its name as surety(ies)
only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey.
o 0
~T~f'~
Paul A. Bergenholtz, Assistant Secretary
STATE OF CONNECTIaJT} ss.
Hartford
COUNTY OF HARTFORD
On this 191h day of September, 2000, before me personally ca~e John P. Hyland, to me known, who being by me duly swom, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described In and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
John P. Hyland, Assistant Vice President
@
CERTIFICATE
G~ #~~:c/.J
/"- Jean Ii WOZDiIk
Notary Public
My CommisaioD Expites JlIIIe 30, 2004
.
I, the undersigned, Assistant Vice President of the Companies, DO IiEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attomey executed by said Companies, which Is still in full force effective as of AI!RIL 22. 2005
Signed and sealed at the City of Hartford.
...
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Colleen Mastroianni, Assistant Vice President
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Bond No. 83BSBCU3138
MONUMENT BOND
WHEREAS, Richmond American Homes of California, Inc., as Principal, desires to
record a final map for the development identified as: University Park, Tract 16509-1 (Lots 1-
31),
WHEREAS, pursuant to Article 9, Chapter 1, Division 2, SUBDMSION,oithc
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 Principal wishes to have the interior
monuments set after the time the map is recorded. Said Principal agrees to furnish a security
guaranteeing the cost of setting such monuments.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in
the sum of Nine Thousand Eight Hundred and OO/lOOtbs Dollars (59,800.00), lawful money
of the United States, 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, fmnly by these presents.
THE CONDmON OF THE OBLIGATION IS SUCH THAT: if the monuments
arc set on or before , and the engineer or surveyor setting the final monuments
shall have been paid, then tbis obligation shall become null and void. Otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, if any, incurred by Obligee in successfully enforcing such obligation. all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the tcnns of said agreement or to the work to be performed thereunder of the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension oftime, alteration or addition
to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrUment has been duly executed by the Principal
and Surety above named, on Apri122, 2005.
(Principal) (Surety)
Richmond American Homes of
California, Inc.
BY:~cfflV ~
Title: ~1 ~6
'Hartford Fire Insurance Company
(university park-tld-monument)
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STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
ss.
-"-,-~--_.
-~----.>-=""~~,-- ---
" ---'------=--N"V
On April 26, 2005, before me, Mary T. Colon a Notary Public in and said for
State, personally appeared Diana Hoard, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacities and that by her 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.
i
/~~~
MARY t COLON l
';::111.1,..9154 UJ
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State of lllinois}
} ss.
County of Cook }
On ADri122. 2005. before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kellv A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance ComDanv
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Co~ission Expires
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OFFICW. SEAL'
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POWER OF ATTORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company 0
Hartford Insurance Company of Illinois m
Hartford Insurance Company of the Midwest D
Hartford Insurance Company of the Southeast D
m Hartford Fire Insurance Company
~ Hartford Casualty Insurance Company
VJ Hartford Accident and Indemnity Company
D Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies") do hereby make, constitute and
appoint, up to the amount of unlimited: '
James Scheer, Michael J. Scheer, James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn I. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
of
Countlyslde, IL
their true and lawful Attomey(s}-in-Fact, each In their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
fit ;---. 0
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Paul A. Bergenhollz, Assistant Secretary
STATE OF CONNECTIOIT} ss.
Hartford
COUNlY OF HARTFORD
On this 1"9th day of September, 2000, before me personally ca";e John P. Hyland. to me known, who being by me duly swom. did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described In and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seels; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
John P. Hyland, Assistant Vice President
G$c/ #Mi~~./~
/"- J....a Wozaiak
Notary Public
My CommiuioD Expires J1IDIl30, 2004
I, the undersigned, Assistant Vice President of the Companies, DO I-:fEREBY CERTIFY that the above and foregoing Is a true and
correct copy of the Power of Attomey executed by said Companies, which is stili in full force effective as of ABRIL 22. 2005
Signed and sealed at the City of Hartford.
@
CERTIFICATE
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Colleen Mastroianni, Assistant VIce PresIdent
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~CORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 ot 2 0./2O:i200S
THIS CERTIFICATE IS I88UEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
- aalJi0lUl1 Cart C...tar HOLDER. THIS CERTIFICATE DOES NOT AllEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIE8 BELOW.
877-9.S-7378
Willi. Borth Aaerica, IDe.
2& C...tury Blvd.
P. O. Box 305191
Ba.hvi11a, ~ 372305191
INSURERS AFFORDING COVERAGE
NAIct
"URED
MDC Holdings, Inc.
& Richmond American Homes of California, Inc.
1305 Corona PoInt Court
Corona, CA 92879
INSURERA: _ic... IDtanatiODal . acialt
INSURER 8: _io... _ Aaaureaaa
INSURER C:
INSURER 0:
INSURER E:
LiDa. ID 2&883-00'
111310-001
COVERAGES
THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERiOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONOIOON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAl~... THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. A'"'=iREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
TYPI!OF_CE POLICY_III
GENERALIJARITY GL 933 - 32 -.7
COMMERCIAl. GENERAL L1ABIUTY
ClAIMS MADE [i] OCCUR
liED EXP
PERSONAl. &AUI/ IIJURY
GENERAL AGGREGATE
PROOUCT8 - COlIPIOP AGO
COlIBIlIED SINGlE LIlIIT
lEo->
.
BOOt. Y INJURY
(Pw_l
.
BODa. Y INJURY
(Pw_l
.
PROPERTY DAMAGE
(Por_tl
.
OTHER THAN
AUTO ONLY:
AUTO ONLY - EAACClDENT
EA NX;
AGO
EXCElS LIAAITY
OCCUR D CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
B
B
B
DEDUCTIBLE
RETENTlON .
_C_TION_
1IIl'LOYIR8' UAKIJY
NfY PROPRJETORIPARTNEMXECUTJYE
OFFICERlMElIBER EXCLUDED?
:~c~idNs_
OTHIER
Product. I Coap1atad ap.
Liability
we 6U-6S-18 CA
we 6.3-65-19 ACS
we 6U-6S-20 rL
7/1/200.
7/1/200.
7/1/200.
7/1/200S
7/1/2005
7/1/200S
E.L EACH ACCIDENT
E.L DISEASE - EA EMPlOYEE .
E.L DISEASE - POLICY LIMIT .
A
GL
'3,000,000 .ach Ooaurreaaa
'15,000,000 GaDara1 Aggregate
DESCRI'TIOll OF llPERATIlINlIILOCATIClN8NEIIICLUI~ _.v INDORIEIIENTIlPEClALPROYIIIONS
Re: Tract 16509-1
City fo San BerDardino i. named a. Additional Insured a. re.pect. to the General Liability pOlicy.
CERnFICATE HOLDER
CANCELLATION
o City to San Bernardino
AIIi1: Mike Grubbs
300 North 0 SlnIet
San Bemardlno, CA 9241B
ACORD 2S (2001/08)
IIIOULDAIIY 0'__ _"IDPOLICIIS .c:#IlC'-" - l_ne_TlllN
DATl1HIR8O', 'IIlII BIllING _ WILL INDEA_ TO IIAL .!!.. DAft WRITTIN
NO'IlCI TO THI CIRTW'ICATI-.DEIlIWIID TO 'IIlII LIFT, IUT 'ALURE TO DO BO SIIALL
- NO oaLIGIATION OR LIA8lLITY OF AllY KIND UPON THI ....UIIIII, ITa A_ OR
__rATIVR.
A~
Coll11277SS. T,pl:36.928
~ACORDCORPORAnoN18SS
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Page 2 of 2
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the poIicy(les) must be endorsed. A stetement
on this certificate does not confer rights to the cartlflcate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certeln policies may
require an endorsamenl A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certlflcate of Insurance on the reverse side of this form does not constitute a contract between
the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
0011:127785. 7p1:36.928 Cert:5703168
.
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"-~
** FOR OFFtCE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Moeting Dale (Dale ~,~ Item"
Vote: Ayes Nays
Change to motion to amend original documents 0
.(~
Resolution #
~fO) -II '6
Absent ~ :J---
Abstain
Companion Resolutions
Null/Void After: days I
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor:
Date of Mayor's Signatur :
Date of Clerk/CDC Signature:
Reso. Log Updated: .D-':
Seal Impressed: ~
Reso. # on Staff Report [{
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes/"
Yes
Yes
Yes
Yes
No By_
./'
NOr By_
NOr By_
No--/By_
NoL By_
Copies Distributed to: ~
j Animal Control EDA Information Services 0
.~ City Administrator Facilities Parks & Recreation 0
~
City Attorney Finance Police Department 0
Code Compliance Fire Department Public Services 0
Development Servi Water Department 0
Others:
Notes:
Ro.dy le Fil" ~ ~~;Jt O{ /
Date: .
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 20, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents - Resolution No. 2005-113
At the Mayor and Common Council meeting of May 16, 2005, the City of San Bernardino
adopted Resolution No. 2005-113 - Resolution approving Standard Form of Agreement for
Subdivision Tract No. 16509-1 (Lots 1 through 31) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control Channel with
Richmond American Homes of California, Inc., with time of performance specified, and
authorizing release of University Park, LLC from terms of Standard Form of Agreement for
Subdivision Tract No. 16509-1 (Lots 1 thorough 31) as approved by Resolution No. 2004-306
dated October 4, 2004.
Attached is a copy of Resolution No. 2005-113 and two (~fully executed original agreements.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
ove mentioned documents.
Date:
Please sign ad retara