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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 29, 2005
Subject: Resolution approving Final Map for
Tract No. 16509-2 (lots 32 through
59) and Final Map for Tract No.
16509-3 (lots 60 through 73) located
on the west side of Northpark
Boulevard between University
Parkway and the Devil Creek Flood
Control Channel.
From: James Funk, Director
Dept: Development Services
File No: 11.03; TR 16509
Synopsis of Previous Council Action:
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04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading
of Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Tract No. 16509-1 (lots 1 through 31)
located on the west side of North park Boulevard between University Parkway and the Devil
Creek Flood Control Channel.
Recommended Motion:
Adopt Resolution.
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Contact Person: Mike Gmhhs En!! M:ma!!er/Field Enl!ineer
Supporting data attached: Staff Report. Reso & Maps
Phone: 5179
Ward:
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FUNDING REQUIREMENTS:
Amount: N/A
Source (Acct. No.) N/ A
(Acct. Description) N/ A
Finance:
Council Notes: ~. ~{)()C;- -II '-I
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Agenda Item No. -'L-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tract No. 16509-2 (lots 32 through 59) and Final Map for
Tract No. 16509-3 (lots 60 through 73) located on the west side of Northpark Boulevard
between University Parkway and the Devil Creek Flood Control Channel.
Back2round:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which
consisted at the time of 160 single family residential lots located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control Channel. This
tentative tract was approved for a period of two years.
On October 7, 2003, the Planning Commission approved Minor Modification No. 03-07 to
Tentative Tract No. 16509, clarifying the acreage of the Tentative Map.
On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing the
total number of single family residential lots to 157. Of these lots, 150 are proposed to be
developed in upscale single family residential houses.
On April 19, 2005, the Planning Commission approved an amendment to Tentative Tract No.
16509, increasing the developable lot count to 166 and approved a general plan amendment to
change the land use designation of lots 160 through 165 to commercial use (CG-l).
Lots A through 0 will be created and reserved for open space and park purposes. Lot A,
which contains 2.38 acres and Lot 0, which contains 1.31 acres, will be developed as
neighborhood parks. Lot A is centrally located in the development and a trail will interconnect
the park with the open space lots B through N. Lot 0 is at the northeasterly comer of Campus
Parkway and Kendall Drive and will be improved by the developer as a neighborhood park. A
Landscape Maintenance District will maintain the open space lots and the parks, and the cost of
the maintenance will be spread among all the owners in Tract No. 16509.
The Subdivider notified the Department of its intention to file multiple final maps based on the
approved tentative map. The proposed phasing plan has been reviewed by staff and it provides
for construction of improvements as required to constitute a logical and orderly development of
the entire subdivision.
The phasing is planned as follows:
Phase I - Lots 1 through 31 (under construction).
Phase II - Lots 32 through 59.
Phase III - Lots 60 through 73.
Phase IV - Lots 74 through 90.
Phase V - Lots 91 through 105.
Phase VI - Lots 106 through 150
Phase VII - Lots 151 through 157.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
The improvement and grading plans have been prepared and approved. The Final Map of Tract
No. 16509-2 and the Final Map of Tract No. 16509-3 have been reviewed and found to be
substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore,
we recommend that the Final Map of Tract No. 16509-2 and the Final Map of Tract No.
16509-3 be approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.~ (>> ~y
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22 Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
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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. 16509-2 (LOTS 32 THROUGH 59) AND THE FINAL MAP FOR TRACT
NO. 16509-3 (LOTS 60 THROUGH 73) LOCATED ON THE WEST SIDE OF
NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE
DEVIL CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAPS; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDMSIONS, 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 fmd that proposed Tract No. 16509-2
(lots 32 through 59), a 28-lot, single family, residential subdivision and proposed Tract No.
16509-3, (lots 60 through 73), a 14-lot, single family, residential subdivision located on the
west side of Northpark Boulevard between University Parkway and the Devil Creek Flood
Control Channel, together with the provisions for their design and improvements, are
consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
University Park, LLC, for improvements in said two subdivision tracts as are required by
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.
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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-2 (LOTS 32 THROUGH 59) AND THE FINAL MAP FOR TRACT NO. 16509-3
(LOTS 60 THROUGH 73)....
SECTION 3. The Final Map of said two subdivision tracts are hereby approved and
the City of San Bernardino hereby accepts as public property all dedications within the
subdivisions as shown on said Final Maps for streets, alleys (including access rights), drainage
and - other public easements. As a condition precedent of approval of the Final Maps, the
Subdivider shall first execute the agreements referenced in Section 2 hereof for the
improvements within said Subdivisions.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDMSION TRACT
NO. 16509-2 (LOTS 32 THROUGH 59) AND THE FINAL MAP FOR TRACT NO.
16509-3 (LOTS 60 THROUGH 73)...
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:
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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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 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 Tract No. 16509-2 (Lots 32 through 59); 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 Municioal 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:
I. 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 bv Ene:ineer. 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 City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the 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 (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security llnd 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 shalI not commence work under this
Agreement until Subdivider shaH have obtained aH insurance required under this paragraph.
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shaH 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. AH requirements herein provided shaH appear either in the
body of the insurance policies or as endorsements and shaH specificaHy bind the insurance
carrier.
(a) Worker's Comoensation Insurance!EmDlover's Liability Insurance.
Subdivider shaH 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 shaH require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for aH 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
shaH provide, and shaH 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 Propertv Damae:e Insurance. Subdivider shaH take out and
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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 Coveral!e. 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 (I) 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 defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or 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/lnde~ification. 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'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. SubdividerlDeveloper
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 11 hereof.
(b) That the aforesaid hold hannless 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
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to 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. 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 Citv. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Ene:ineerimz and Insoection. Subdivider shall pay to City the costs of
. all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, 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 AlUeement: 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
e:l(.cess 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 "0" 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 Clerk
Approved as to fonn
and legal content:
JAMES F. PENMAN,
City Attorney,
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino
SUBDIVIDER:
University Park, LLC
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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 , 20_, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
(This area for official seal.)
Notary Signature
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State of California }
ss
County of Orange
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On April 12, 2005, 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, amI-that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
.WICE WALL
@ ColMtIJJlcn" 1316136
- NaIaIy NlIC . c:a.amIa
0Iange CounIV
MyComm.....Aug29.
Place Notary Seal Above
Optional
WITNESS my hand and official seal.
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SiFture of Notary Public
Janice Wall
Co~!.I'...!..AAjpB,# 1316136
Expires 8/29/05
Though the information below is not required by law. it may prove valuable to persona relying on the cIocument and could prevent
fraudulent removal and reattachment of this mrm to another document.
Description of Attached Document
Document Dated: To be dated by FiDal Siper
Capacity(;es) Claimed by Signer
Other signers
James F. Penman, City Clerk
Judith Valles, Mayor City San Bernardino
Title or Type of Document: ~ CSubdmlion Imprcml-a)
reprdiq Tr8cl; No. 18G09-2 CJ8 Juta)
x
Number ofpagee13 pap <.)
Sipera N__: Jamee R. Wat80D
Individual
Corporate OfIicerTitle(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: UIIiftraity pm, LLC, a Cali&JnDa LimitIIcI
Liability Company., ).I.".PI member
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I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
~ 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. 213 49 98
Premium: $6720.00
Subdivision Bond -
Faithful Perfonnance - 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 finnly bound unto CITY OF SAN
BERNARDINO in the sum of Five Hundred Sixty Thousand and Noll 00 DOLLARS ($560,000.00) 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, finnly by these presents.
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
4lontract dated TBD, with the City of San Bernardino to do and perfonn the following work, to wit: On-site improvements
to Tract 16509-2 including Street, Sewer and Stonn Drain per Agreement.
NOW, THEREFORE, if the above bounden Principal shall well and truly perfonn the work contracted to be
perfonned under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 12th day of April, 2005.
Principal:
UNIVERSITY PARK, LLC
Surety:
INSURANCE COMPANY OF THE WEST
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CA-JCW 28 (7100)
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STATE OF California
}ss
COUNTY OF Los Angeles
On April 12, 2005
._.~"--,ffi ;:-;:!f'i!'!i" ,,^,",,,.;i'.'~..,-,=.~-~ Y".~ .~
.~.""'"'''<T''.""",.'I~
. before me. Carl C. Hossli. Notary Public
PERSONAUY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be lhe person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shehhey executed
the same in hislherhheirauthorized capacity(ies), and tllOl by hislherltheir
signature(s) on the instrument the person(s). or the entity upon behalf
of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature C(!..o d L l~
OPTIONAL
Thiv 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
TlTLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
~ ATTORNEY.IN.FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
Insurance Company of the West
10-1232 (REV. SIll1)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
University Park, llC
SIGNER S OTHER THAN NAMED ABOVE
ALGPURPOSEACKNOWLEDGEMENT
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State of California }
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County of Orange
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On April 13, 2005, 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, an4.that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
e JNCEWAU.
_ CornmIIIIon . 1 S16136
I NaIaIy N:lIIc . CaIfamIa
. Olange CoIny
MvComm.__AuD29,
Place Notary Seal Above
Optional
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment oftbis form to another document.
Description of Attached Document
Document Dated: 04/12/05
Capacityues) Claimed by Signer
Other signers
Teresa I. Jackson-Attomey-in-fact
Title or Type of Document: Subdmaion Bond lOr Tract 16609-2
$560,000.00 Bond # 213 49 98
Number of pages 1 pace (a )
x
SipenName: Jame.a. Wateon
Individual
Corporate OfIicer-Title{s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: Uniftnit)- Park, LLC. a Calilbrnia Limited
Liability Company., v....ci..c _mber
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I.C. W. GROUP
~ INSURANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
aP INDEPENDENCE CASUALTY AND SURETY COMPANY
_1455 EL CAMINO REAL. SAN DIEGO, CA 92130
P.O. BOX 8SS63 SAN DIEGO, CA 92186-5563
(858) 350-24GO FAX (858) 350-2707
www.iewaroup.com
Subdivision Bond
(C.Ii(orni.)
LABOR AND MATERIAL BOND
Bond No.: 213 49 98
Premium: Included in Performance Bond
Whereas, CITY OF SAN BERNARDINO, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, ,and identified as project University Park Tract 16509.2 is
hereby referred to and 'made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title IS (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and INSURANCE COMPANY OF THE WEST (hereinafter designated as "Surety") are held and
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty-
Thousand and No/lOO dollars ($ 280,000.00 ), 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 attorney's fees, incurred 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.
et 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 IS (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by 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 addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on April 12, 2005.
Attest or Witness:
(Seal) .
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STATE OF California
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COUNTY OF Los Angeles
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On April 12. 2005
, 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
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknawledged to me that he/shelthey executed
the same in hislherhheir authorized capacit)~ 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.
WITNESS my hand and official seal.
Signature ~ Q.........e L-'~
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
TITLECS)
o PARTNER(S)
o LIMITED
o GENERAL
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDI~ONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EHTITY(IES)
Insurance Company of the West
10-1232 (REV. 5101)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision BondlPayment
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12,2005
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
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No. 0004051
ICW CROUP
P_er.r AlI.ney
Ia..nace Compaay .r tbe Welt
De Explorer IIUII..ace C..pa.y IDdependnce c.aualty aDd Surety C_paay
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of lIie State of California, The
plorer Insurance Company. a Corporation duly organized under the laws ofthe State of Arizona. and Independence Casualty and Surety Company. a Corporation
duly organized under the laws of the State ofTexas, (collectively referred to as the "Companies"), do hereby appoint .,
TERESA I. JACKSON. CARL C. HOSSLI
their nue and lawful Attorney( sl-in-Fact willi authority to date. execute. sign. seal. and deliver on behalf of the Companies, fidelity and surety bonds, undenakings,
and other similar contracts of suretyship. and any related documents,
In witness wbereof. the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January. 2001,
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INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCECOMPANV
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H, Craig. Assistant Secretary
John L H8IUlum, Executive Vice President
State of California
County of San Diego
On December 5. 2003. before me. Mary Cobb, Notary Public, peraonaIIyappeared John L H8IUlum and John R Craig. personally known to me to be
the persons whose names are subscribed to the within instrument, and aclcnowledged to me that they executed the same in their authorized C8J*ities. and that by
their signatures on the inaUUment, the entity upon behalf of which the persona acted, executed the instrument,
Witness my hand and official seal.
} ~,
.
1_ MARY COBB I
_m COMM. #132134 1
U NOTAIlY PlJ8l!c-cALiF0RNIA n
n .!.=~CX}l.'ms !i
I SEPTEMSEFl20 2005 I
'-fr~ {>>.bb
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Mary Cobb. Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with liu:simile signatures and _Is under authority of the following rcaoIItu- adopted by
the respective Boards ofDireclors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Alsillant
Secretary, are hereby authorized to execute Powen of Attorney appointing the person(s) named as Attome)l(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company. fidelity and surety bonds, undertakings. and other similar contraClS of suretyshiP. and any reI8led
documents,
I
I
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I
,
I
I
I
I
. To verify the authenticity of this Power of Attorney you may call1-ll00-877-1111 and ask for the S~rety Division, Please refer to the Power ot Anomey Number,
the above named individual(s) and details of the bond to wbich the power is anachctL For information or filing claims. please contact Surety CJ.a., ICW Graup,
11455 EI Camino Real. San DieIlO, CA 92\30-2045 orca1l1K58) 350-2400,
RESOLVED FURTHER: That the signatures of the officen making the appointment, and the signalUre of any officer certifying the validity
and current stalUs of the appoinunent. may be liu:simile representations of those signatures; and the signature and seal of any notary, 8Dd the
seal of the Company, may be liu:aimile representations ofthose signatures and seals. and such filcsimile repreaenlalions shall have the _
force and effect as if manually affixed. The liu:aimile representations referred to herein may be affixed by stamping. printing. typing, or
photocopying. "
CERTIFICATE
I, the undersigned, Assistant Secretary oflnaurance Company of the West, The Explorer Insurance Company. and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect. and has not been revoked. and that the above resolutions were duly ac\oplec\ by the
respecti ve Boards of Directors of the Companies. and are now in full force,
IN WITNESS WHEREOF. I have set my hand this 12th day of
April, 2005
John H, Craig, Assistant Secretary
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State of California }
ss
County of Orange
On April 13, 2005, 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.
~.- -':=::!..:~ I
I NoIaIy PubIc . CaIramIa
J' Onmge CculIV
_ _ _ ~~~!",!29.:~
Place Notary Seal Above
c..
Optional
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Doc:ument
Title or Type of Document: Labor and Material Bond for Tral:t 161109-2
$280,000.00 Bond # 213 49 98
Document Dated: 04/12/06
Number of pages 1 page <a )
Sipers Name: James R. Wataon
Individual
Corporate Oflicer'Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: Uniftrsity Park, LLC, a California Limited
Lisbility Company., MAn.pne member
CapacityGes) Claimed by Signer
x
x
Other signers
Teresa I. Jackson-Attomey'in'fact
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I.C.W. GROUP
I8J INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL. SAN DIEGO, CA 92130-2045
P.O. BOX 15563, SAN DIEGO, CA 921116-5563
(851) 350-2411I FAX (858) 350-2707
www.inmro8n.roIB
BOND NO. 213 SO 01
PREMIUM 5 101.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a fmal map for the development identified as: UNIVERSITY PARK, TRACT 16509-2
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting .such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Eight
Thousand Four Hundred and Nolloo Dollars ($8,400.00), 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 NIS, - and the
engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become
null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension oftime, 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 April 12, 2005.
UNIVERSITY PARK, LLC.
INSURANCE COMPANY OF THE WEST
By: James R. Watson, Managing Member
Director of Public Works
CA-JeW 30 (7/00)
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STATE OF California
} 55
COUNTY OF Los Angeles
On April 12. 2005
_...,,_.~-~~.,-
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, before me. Carl C. Hossli. Notary Public
PERSONAllY APPEARED Teresa I. Jackson
persollally known to me (or proved to me on the basis of satisfactory
evidence) to be lhe person(s) whose namels) is/are subscribed to the
witllin instrument and acknowledged to me that helshehhey executed
the same in hislherhheir aurhoril.ed capacity( ies). and tlUlt by hislherltheir
signature(s) on the instrument the person(s). or the entity upon behalf
of which the person(s) acted. executed the instrument.
WITNESS my hond and official seal.
Signature C It
,__t.~l--
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
TITlE(S)
o PARTNER(S)
o LIMITED
o GENERAL
IiZI ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
10-1232 (REV. 51(1)
DESCRIPTION OF ATTACHED DOCUMENT
Monument Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12.2005
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
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No. 0004051
ICW GROUP
Power.r Altorney
losuRoee Compaoy or lbe Weat
The Explorer luuRoce C_paoy IDdepeodeace Canlllly aDd SUrely Compaoy
KNOW ALL MEN BY lHESE PRESENTS: ThaI Insurance Company or Ihe West. a Corporation duly organized under Ihe laws of Ibe Slate of California. The
Explorer Insurance COIIIJIIIIY. a Corporation duly organized under Ihe laws oflhe SlIIe of Arizona. and Independence Casually and Swety Company. a Corporation
duly organized under !he laws oflhe SlIIe of Texas, (collectively referred to as !he "Companies"). do hereby appoint
TERESA I. JACKSON. CARL C. HOSSLl
lheir true and lawful Attorney( sHn-Fact wilb authority to date. nccute. sign. seal. and deliver on behalf oflhe Companies. fidelity and surety bonds. undertakings.
and olber similar contraclS of suretyShip. and any related documents.
In witness whereof. !he Companies have caused Ihese presents to be executed by its duly authorized officers this 161b day of January. 2001.
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INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig. Assistant Secretary
John L. Hannum, Executive Vice President
Slate of California
Counly of San Diego
On December 5. 2003. before me. Mary Cobb. Notary Public. persooaIIy appeared John L. Hannum and John H. Craig. personally known 10 me to be
Ibe persons whose names are subscribed 10 Ihe wilhin instrument. and acknowledged 10 me that Ihey executed Ihe same in their authorized capacities. and that by
Ibeir signatures on Ihe instrument, Ihe entily upon behalf of which Ihe persona acted. executed Ihe instrument.
Witness my hand and official seal.
} ss.
I~ MARY COBB I
~ -'. COMM. #1321341 B
U NOTARY PU8l.iC-CAUFOllNIA
III ~OEGO COUNTY
U, Commiaa.ExIlIlw
I SEMBER 20 200& I
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Mary Cobb. Nolary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and nolarized wilb fitcsimile signatures and sals under authority of Ibe following resolutions adopted by
Ibe respective Boarda ofJ>iJectors of each oflhe Companies:
"RE,SOL VED: That Ihe President, an Executive or Senior Vice President of Ihe Company. together wilb Ihe Secretary or any Auisiant
Secretary. are hereby authorized to execute Powers of Attorney appointing the persoo(s) named as Attorney(sl-in-FaClto date. execute, sisn.
saI. and deliver on behalf oflhe Company. fidelity and surety bonds. undertakings. and other similar contraclS of suretyship. and any milled
documents.
RESOL YED FURmER: That the signattues of Ibe officers making Ihe appointment. and the signatwe of any officer certifying !he validity
and current status of the appointment. may be filcsimile representations oftbose signatUres; and Ihe signature and seal of any notary. and the
seal of the Company. may be filcsimile representations oflbose sip18lUres and sealS, and such filcsimile '~I".....,lIIions shall have !he same
force and effect as if manually affixed. The Illc:simile represenl8lions refmed to herein may be affixed by stamping, printing. typing. or
photocopying. .
CERTlFICA re
I. Ihe undersigned, Asaistant SecreI8Iy of Insurance COIIIJIIIIY of the West, The Explorer Insurance Company. and Independence CaIualty and Surely COIIIJIIIIY, do
hereby certify lhatlhe foregoing Power of Attorney is in full fon:e and effect. and has not been revoked, and lhatlbe above resolutions were duly adopted by the
respective Boards ofDirectonofthe Companies. and are now in full force.
INWITNESSWHEREOF,lhavcsetmyhandlbis 12th day of
April. 2005
John H. Craig. Assistant Secrel8ly
To verify the aulilenticity of this Power of Attorney you may call1-1100-l177-1 ! \ I and IISIr for !he !:urety Division. Pleaae refer to Ihe Power of Attomey Number.
Ihe above named individual(s) and delails of the bond 10 which !he powe:' is attached. ior irIf.-mualion or filing claims. p1ease contact Surety ClaiIllS, ICW Group,
I 14SS EI Camino Real. San Diego. CA 92130-2045 or call (858) 350-2400.
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On April 13, 2005, 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.
Place Notary Seal Above
Optional
WITNESS my hand and official seal.
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~tSignature of Notary Public
Janice WaU
mmisyOn # 1316136
Expires 8/29/05
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
Document Dated: 04/12/011
Capacity(ies) Claimed by Signer
x
x
Other signers
Teresa I. Jackson-Attomey-in-fact
Title or Type of Document: Monument Bond for Tract 16609-2 $8,400.00
Bond # 213 50 01
Number of pages 1 page <a)
SiperaName: JameaR. Watson
Individual
Corporate Officer'Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: Uniftraity Park, LLC. a CaIifbmia LimHad
Liability Company.,l\of.".g;"I_mber
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THIS ENDORSEMENT CHJ~GES THE POLICY. PLEASE READ IT CAREPULL Y.
A[IDITIONAL INSURED -
STATE OR POL.ITICAL. SUBDMSIO~S - PERMITS
Thle encsoraement modifiHlnsurance provided IInder 1h8 following:
COMMERCIAL GENERAL LIABILITY COVERAtiE PART
SCHI!DULE
aMe Or Polltfcal SubdlYl$lon:
City of San Bemardlno,.inCludlng City, Agency and the electtd r,fficlals, of'ficers, empJoYHS,
attomoys and agents of each of them:
300 N. -C"'Street. San Sernardino, ~ 92418
CIty of san Sernardino, Economic Devalopml nt
201 North '"E" Street,8.n 8emIrdino, CA 924~1-1507
(If no entry appears .bow, informiltion required to complel8 t.t111."dol'Mment will .,. ClClWn In Ihe Declarationl .. applicable to
this endorserTHInt.) .
Section n - Who Is An lMu~d "lmendecl itl Indude as
an insured any .taflJ or political subcfMaion '.lown in 1he .
~ule, subject to the following provisions:
~~ Insurance applies only wiIh respect tc. openltlona
performeCl by you or on your behalf for whi::h the RIte
Dr political subclivialor'l hu i8aIacI I permit.
i;. this inlurance does not apply 10:
a. "BodDy Injury," '"property damage" or "p.~.1 end
acMu1lllng inJul')' lrillng out of operation. ~
formed for the ... or municipal~ or
b. "Bodily Injury" or "property damage" lncIucIecI within
!he .proclucta..comp!er.d operatioM hazI~",
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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 University Park, LLC, hereinafter referred
ta.as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract No. 16509-3 (Lots 60 through 73); 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 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 perfomlance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. 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 bv Ene:ineer. 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 gnmted
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
h.~reunder, 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. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
perfonnance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (] ) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino 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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II. 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
b~en 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 Insurance/Emolover'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 shal1 require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for al1 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 PropertY Damae:e Insurance. Subdivider shall take out and
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maintain. during the life of this Agreement, such public liability and propel1y
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 clamlS 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:
(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 Liability 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 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 electi\'e and
appointive boards, commissions, officers, agents and employees, Subdi\'ider
and any contractor or subcontractor perfonning' work covered by this
Agreement.
(3) Tail Coveral!e. 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 (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - Defined. As used herein, the tenn "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impainnents, 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, attorney'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 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 ha\"e
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
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to 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
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
detennined 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 perfonn 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 Ci.~. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
perfonnance of Subdivider's obligations under this Agreement.
17. Cost of EnlZineerinlZ and Inspection. Subdivider shall pay to City the costs of
all pennit 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 AlZreement: Perfonnance bv Suretv or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
10
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the perfonnance of the contrac~, and does not commence perfonnance thereof within fi ,'e
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
e1\cess 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.
II
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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
City Clerk
By:
Approved as to form
and legal content:
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney,
SUBDIVIDER:
University Park, LLC
12
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporatt:
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
~~st 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 , 20_, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
(This area for official seaL)
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State of California }
ss
County of Orange
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On Apl'il12, 2005, 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.
- - - - - - - - - - - - ~
~~ ~:~6136 I
I U NoIary NIlIc . CaIIomIa !
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Place Notary Seal Above
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WITNESS my hand and official seal.
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stlgnature, of Notary Public
G~ Wall
&1P.!D;...m'n # 1316136
Expires 8/29/05
Though the information below is not requUed by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment ofthia limn to another document.
Deacription of Attached Document
Document Dated: To be dated by Final Siper
CapacityGes) Claimed by Signer
Other signers
James F. Penman, City Clerk
Judith Valles, Mayor City San Bernardino
x
Title or Type of Document: Allee_at CSubdiViaion Im~
regudinc Tnct No. 181108-S (1. Jog)
Number of paps IS pap fa)
SipersName: J_R. WatMm
Individual
Corporate OlJicerTitle(e):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer ill Repreeenting: UIIiwnitT Puk, LLC, a CaIibnia LimDItI
Liability ComplUlJ'., v.......___
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I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
eo EXPLORER INSURANCE COMPANY
,. 0 INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, SaD Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
WWW.icwgroup.com
Bond No. 213 4999
Premium: $1500.00
Subdivision Bond - _
Faithful Perfonnance - Public Works
SUBDMSION BOND
KNOW ALL MEN BY THESE PRESENTS: That UNIVERSITY PARK, LLC, as Principal, and INSURANCE
COMPANY OF TI:IE WEST, a corporation organized and existing under the laws of the State of California and
authorized to transact surety business in the State ofCalifomia, as Surety, are held and firmly bound unto CITY OF SAN
BERNARDINO in the sum of ONE HUNDRED TWENTY-FIVE }HOUSAND AND NO/100 DOLLARS ($125,000.00)
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, flJlllly by these presents.
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
.ntract dated N/S, with the CITY OF SAN BERNARDINO to do and perform the following work, to wit: Subdivision
. provements covering Street Improvements and Sewer Improvements for Subdivision UNIVERSITY PARK, Tract
16509-3.
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 12th day of April, 2005.
Principal:
UNIVERSITY PARK, LLC
By:
Surety:
INSURANCE COMPANY OF TIlE Vv"EST
J
I
ear. Jackson
Attorney-in-fact
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STATE OF California
} SS
COUNTY OF Los Angeles
On April 12. 2005
. before me. Carl C. Hossli. Notary Public
PERSONAUY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
e~'idence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hislherhheirauthorized capacit)1ies), and that by hislherhheir
" signature(s) on the instrument the person(s), or the entity upon behalf
of which the person( s) acted. executed the instrument.
WiTNESS my hand and official seaL
Signature C!..tA.-.e '""~
OPTIONAL
e CARLe. HOSSU
eomn.... 'I'"
" Nolay NlIc . c-..o
LoI ArVIIII CCll.IIIr
r COmm.
This area for Official Notarial Seal
Though the data below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAl
o CORPORATE OFFICER
TITLE(S)
o PARTNER(S)
o LIMITED
"0 GENERAL
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
10-1232 (REV, 5101)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12. 2005
DATE OF DOCUMENT
University Park. LLC
SIGNER S OTHER THAN NAMED ABOVE
AL~PURPOSEACKNO~EDGEMENT
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State of California }
ss
County of Orange
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On April 13, 2005, 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.
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@ CommbfIM" 1$16116
- NDIaIY NlIIC . CcliIIOlI*I
CIange CounIY
Myc:anm....~29.
Place Notary Seal Above
Optional
WITNESS my hand and official seal.
\..-0cJJ
of Notary Public
Though the infbrmation 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 fbrm to another document.
Description of Attached Document
Document Dated: 04/12/05
CapacityGes) Claimed by Signer
Other signers
Teresa I. Jackson- Attorney-in-fact
Title or Type of Document: Subdivision Bond No 213 49 99
Reprdiq Tnct 16509-3
x
Number of pages 1 page (a)
Signera Name: Jamea R. WateoD
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: UDiftraitT Park, LLC. a Cali:fbnUa Limited
Liability Company.. M.n.pc _mber ..
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I.C.W. GROUP
I:8rINSVRANCE COMPANY OF THE WEST
o THE EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
A 11455 EL CAMINO REAL, SAN DIEGO, CA 92130
"P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.iewgroup.c:om
Subdivision Bond
(California)
Bond No.: 213 49 99
Premium: Included in Performance Bond
LABOR AND MATERIAL BOND
Whereas, CITY OF SAN BERNARDINO, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated N/S, -, and identified as project UNIVERSITY PARK, TRACT 16509-
3 is hereby referred to.and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and INSURANCE COMPANY OF TIlE WEST (hereinafter designated as "Surety") are held and
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in 1he aforesaid Code of Civil Procedure in the sum of SIXTY TWO
THOUSAND FIVE THOUSAND AND NOIlOO dollars ($ 62,500.00 ), 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 attorney's fees, incurred 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.
Ot is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by 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 addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on April, 12,2005.
Attest or Witness:
By:
(Seal)
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STATEOF Califomia
}~
COUNTY OF Los Angeles
On April 12. 2005
'-<".'-
rrr....<'."':{-~<'T"~"- , "
. before me. Carl C. Hossli. Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me thot he/she/they executed
the same in hislherhheir authorized capacit)'( ies). and that by hislherhheir
signature( s) on the instrument the person( s). or the entiry upon behalf
of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature Cc! _ L ,_ /~
OPTIONAL
This area for Official Notaricll 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
TI11..E(S)
o PARTNER(S)
o LIMITED
o GENERAL
III ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
10-1232 (REV. 51(1)
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Bond/Payment
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
ALL.PURPOSE ACKNOWLEDGEMENT
.-
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No. 0004051
JCW GROUP
p_et.r Allol'M)'
lalanace Comp.ay .r the West
The Explorer IDlunacc C_p.ay IDdependeDcc C.,u.lty .... Surety C_p.ay
KNOW ALL MEN BY TIlESE PRESENTS: Th.tlnsurance Company of the West. a Corporation duly orpniad under the Jaws of the Statc of California. The
Explorer Insurance Company. a Corporation duly organized under the laws of the Statc of Arizona. and Independence Casualty and Surety Company. a Corporation
duly organized under the laws of the State ofTexaa, (collectively refetTed to as the MCompanies"). do hereby appoint
TERESA I. JACKSON, CARL C. HOSSLI
their true and lawful Anorneyts)-in-Fact with authority to date. execute. sign. seal. and deli vcr on behalf oflhe Companies. fidelity and surety bonds. undertakings,
and other similar contracts of suretyship. and any related doc:uments.
In witness whereof. the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January. 200 I.
~.;::--=-~- , f-CI'! .u.~'
':.:.' ",,"~,:;, ,~;'.-:=~;;" INSURANCE COMPANY OF THE WEST
c'."'~'o.'OIt.l+~\. :~cJ;" ../\.t ' \,. THE EXPLORER Il'iSURANCE COMPANY
~:'~: "SEAL:';:,i \"i ~<'~,. 1)"; ~~:AENNyDENCECASUALTY AND SURETY
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JoIm H. Craig. Assistant Secretary
John L. Hannum. Executive Vice President
State of California
} 55.
County of San Dieso
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 sublCribed to the within inalrument, and acknowledged to me that they executed the same in their authori2led capacities. and that by
their siSJl8lures on the instrument. the entity upon behalf of which the pmons acted, executed the instrument.
Witness my hand and official seal.
o
1_ MARY COBB I
... -.. COMM. #1321341 8
U, NQTAIlY PU8L1c.cAUfOllNlA
C .!.=~~
, SEPTEMBER 20. 2005 I
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Mary Cobb. Notary Public
RESOLUTIONS
This Power of Attorney is granted and is sisned, sealed and notarized with facaimile sisrnuures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: Thatlbe President, an Executive or Senior Vice President of the Company, tOSether with the Secretary or any AasiSlllDl
Secretary, are hereby aulhori2led to execute Powers of Attorney appointing the person(s) named as Anorneyts)-in-Factto date. execute, sign.
sea1, and deliver on behalf of the Company, fidelity and surety bonds, undertakings. and other similar contracts of suretyshiP. and any related
documents.
RESOLVED FURTIlER: That the signatUres of the officers making the appointment. and the signature of any officer certifYing the validity
and cmrent8lalus oflbe appointment, may be filcsimile represenl8lions of those signatures: and the signatUre and seal of any notary, and the
seal of the Company, may be filcsimile representations of those signatUres and seals. and such facsimile represenl8lions shall have the_
force and effect as if manually affixed. The liIcsimile represetll8lions refetTed to herein may be .ffixed by stamping, printing. typing, or
photocopying.'
CERTIFICATE
I. the undersisned, Assistant Secretary of Insurance Company of the West. The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certifY that the foresoing 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 full force.
IN WITNESS WHEREOF, I have set my band this 12th day of Atlril. 2005
John H. Craig, Assistant Secretary
To verifY the authenticity of this Power of Anorney you may call1-8CJ0.877-1111 and aaIc for the Surety Division. Please refer to the Power of AItomey Number,
the .bove named individual(s) and details of the bond to which the power is 8llacbecI. for information or filing claims. please contact Surety CIaima, ICW 0nJup.
114S5 EI Camino Real, San Diego, CA 92130-2045 or call (85K) 350-2400.
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State of California }
ss
County of Orange
On April 13, 2005, 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.
~ .MNICE WAU.
- eo..oI'IIINIl.n t# 1316136
NoIaIy NlIc - c:lIIk....
. 0Iange CounIv
MvComm. EllPiMIAug29.
Place Notary Seal Above
Optional
Though the in1Ormation below ia not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of thia 10rm to another document.
DellCription of Attached Document
Title or Type of Document: Labor and Material bond No 213 49 99
Reprdina Tr8ct 161109-3 S62.GOO.OO
Document Dated: 04/12/ OG
Number of paps 1 pap (a)
Sipers Name: James R. WatlloD
Individual
Corporate Officer'Tit1e(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: UDiftrsity Puk, u..c. . Ca1i:Ibmia LimilIIIl
Liability ComPIlDY.. v....PI __ber
CapacityGes) Claimed by Signer
x
x
Other signers
Teresa I. Jackson-Attorney-in-fact
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LC.W. GROUP
181 INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
P.O. BOX 85563, SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.iCWl!rOuD.com
BOND NO. 213 50 00
PREMWM S 100.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires to record
a final map for the development identified as: UNIVERSITY PARK, TRACT 16509-3
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and finnly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ Four
Thousand Two Hundred and NollOO Dollars ($4,200.00), 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, fmnly 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.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the agreement or to the work to be performed thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on April 12, 2005.
UNIVERSITY PARK, LLC.
INSURANCE COMPANY OF THE WEST
By: James R. Watson, Managing Member
1/
,
I. Jackson
Attorney-In-Fact
APPROVED AS TQ
Director of Public Works
CA-ICW 30 (7/00)
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c_',w'c_ ~ >>_,"" - C_C'--'<j'.t_,-^~-~~"m C .. ! - " ,_ C"~,~""""",,
STATE OF Califomla
}~
COUNTY OF Los Angeles
On April 12, 2005
. before me, Carl C. Hossli, Notary Public
PERSONAllY APPEARED Teresa I. Jackson
personally known to me (or proved to me on the basis of satisfactory
evidence) to be The person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that helshehhey executed
the same in hislherltheir authoril.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.
WITNESS my hand and official seal.
Signature ~'" -e eo. lk
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
TITlEIS)
o PARTNER(S)
o LIMITED
o GENERAL
IiZI ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(SI OR ENTITY(IES)
Insurance Comparo'" of the West
10.1232 (REV. 5101)
DESCRIPTION OF ATTACHED DOCUMENT
!Monument Bond
TITLE OF TYPE OF DOCUMENT
One
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT
University Park, LLC
SIGNER S OTHER THAN NAMED ABOVE
AL~PURPOSEACKNOWLEDGEMENT
"""",""
-~~'"',-,,~..
No. 0004051
ICW GROUP
Power or AlIoraey
In.uruee Company of the Weat
The Explorer IDlunnce Company Independeace Ca.unlty aad Surety Company
OW ALL MEN BY THESE PRESENTS: That htaurance Company of the West, a Corporation duly o,!anized under the laws of the State of California, The
plorcr Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State ofTexas, (collectively referred to as the "Companies"), do hereby appoint
TERESA I, JACKSON, CARL C, HOSSLI
their true and lawful Attorney( s)-in-F ICt with authority to date, execute, sign. seal, and deliver 011 behalf of the Companies, fidelity and surety bonds. undcnakings.
and other similar contrlCts of suretyship, and any related documents,
In witness whereof, the Companies have caused tl)csc presents to be executed by its duly authorized officers this 16th day of January, 2001.
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INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally nppeBJed John L. Hannum and John H. Craig, personally known to me to be
the persons whose ~ arc 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 inltrument.
Witness my hand and official seal.
} ss.
I@ MAAYCOBB I
... ' -;- COMM. #1321341 n
0, NOTARY PU81.1c.cAl,iFORNIA (jI
lit -a ~AN OIEGO COllNlV n
u, Comm_ Expires ..
, S PTEMSER 20 2005 ,
'-h~ (J~
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Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with filcsimiIe signatures and seals under authority of the following rcsoluti~ adopted by
the respective Boards ofDircctors 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, arc hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to dnte, execute, sign.
seal, and deliver 011 behalf of the Company, fidelity and surety bonds, undcnakings, 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 current StIlUs of the appointment, may be filcsimile representations of those signatures: and the signature and seal ofany notary, and the
seal of the Company, may be filcsimile representatiOllS of those signatures and seals, and such facsimile representations shall have the lime
force and etTectas if manually affixed. The facsimile representations referred to herein may be affixed by stamping. printing, typing, or
photocopying."
CERTIFICATE
J, the underaigned, Assilllnt Secretary ofhtaurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certilY that the foregoing Power of Attorney is in full force and etTect, 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 12th day of April, 2005
John H. Craig, Assistant Secretary
To verilY the authenticity of this Power of Attomcy you may call 1-1100-II77-1111 and uk for the Surety Division. Please refer to the Power of Attorney Number,
above named individual(s) and details of the bond to which the power is lIltached. For infonnatic", or tilillg claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San DiellO, CA 92130-2045 oreall (858) 350-2400.
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State of California }
ss
County of Orange
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On April 13, 2005, 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, andj;hat by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
@ JANICE WALL
_ CoINrolIIio.. t1 13161 S6
~ NoIaIy PWIc . CaIIomIa
) CIange CounIv
'.. MvComm. Exl*lAug29.
Place Notary Seal Above
Optional
WITNESS my hand and official seal.
Though the information below ia 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.
Deec:ription of Attached Document
Document Dated: 04/12/011
Capacity{ies) Claimed by Signer
Other signers
Teresa I. Jackson-Attomey-in-fact
Title or Type of Document: Monument Bond for DO 213 50 00
$4.200.00 for Tract 16l109-3
x
Number of pages 1 page (a)
Signers Name: James R. Wateon
Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: UniwrBitJ' Park, u.c. a Ca1iIornia Limited
Liability ComPllDY.. Man-pol_mber
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04-14-2005 10:20aa Frar-SHUMAKERSTECKBAUERWEINHART
2132212875
7-837 P,003/004 F-830
ACORD.
CERTIFICATE CtF LlABIUTY INSURANCE QfI 01 12 05
:11. AI A MATrIIt .....lTICIN
ON...., AND CON. __ NO IIIIHN UIIOM"..-.-.ATI
HOLDI"- THIS CIlmFlCAm DOlI." .....1I1IIND OR
ALTIR TNt COYIR.4cII ~.-!'TH! PClUCIIIIeLOW.
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i..:::'UIU .:roaea :E___ce Aglmey
00 1f~.b1U.~e 81vd.. I 1300
.',"= ADgeJ.e. CA 510025
P.boae:310-207-'?" Fax:310-207~'13'
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INSURERS AFFORDING COVERAsI
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04-14-2005 10:20aa Frae-SHUMAKERSTECKBAUERWEINHART
2132212875
T-837 P.004/0B4 F-830
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Polic;y No. MGL0140SIO
I Mt HawI., Inaurance Company
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THIS ENDORSEMENT CHJ~GES THE POLICY. PLEASE READ IT CAREFULLY.
AtIDITIO.NAL INSURED -
STATE OR POL.ITICAL SUBDMSIO~S - PERMITS
This endorsement modifies inaurance provldeclllnder the following:
COMMERCIAL GENERAL. LIABILITY COVERACiE PART
Sctfl!DULE
State Or Pontfcal Subc:llYfslon:
City of San Bernardlno,.inCludlng City, Agency and the ....d officials, oflIcers, empJoyeu,
attornoys and agents of each of them:
300 N. -D-'Street. San Bernardino, ~ 92418
CJty of San .emarclino, Economic o.v.lopn'N nt
201 North T' Street, 8.n lernardino, CA 924~1-1507
(If no entry appe.,. ab0'4, infonnation required to comP'ete thlll endorMment will .,. ...own in the DeclaratioM .. appllc:abJe to
this endorsement.) .
Section n - Who Is An nUNd "amended tll Include as
~red any etate- or political subcfMaion e.'OWl'l in 1he .
'Wu1e, subject to Che following Provisions: .
1. This Insurance applies only with r'88pect tc. operdona
performed by)lOU or on your behalf for whl:h the slate
or political subclivi8i0n has '-uecs I permit.
2. This Insurance does not apply to:
8. "Bodily Injury," "property damagei' 01' "personal end
adwlrlIaIna inJuIY -riling out Of. openiticN P'" .
fol'lTled for tn.... or municipal~ or
b. .~iIy injury" or "properly damag.- Included within
!he .product&-comPlellld DperatIone heard".
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M<eting Date (Date A"1pted), ~ Item'
Vote: Ayes lo Nays
.
l1
Abstain
Change to motion to amend original documents 0
Resolution #
~o)>llLf
. Absent ~ 'J---"
Companion Resolutions
NuUNoid Mter: days I
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
RECORD W/COUNTY 0
POST D
/J
~
Date Sent to Mayor:
Date of Mayor's Signature:
I
~~
Date MemolLetter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
i
~
Copies Distributed to:
Animal Control
EDA
o
City Administrator 0 / Facilities 0
City Attorney g/ Finance 0
Code Compliance 0/ Fire Department 0
DeVelOP~. t 80M, 1Zl C~ H"""'I}Ro'o"ry" 0
Others: ~_Ifh..tu, ti~-'Ax:.1 ~
{ I
o
Notes:
Date-k- y~~
Revised 12/18/03
By:
Reso.LogUpdated: ~
Seal Impressed: ~
Reso. # on Staff Report CI
//
Yes_
Yes
Yes
Yes
Yes
No
No~
No/
No-r
No//
By_
By_
By_
By_
By_
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
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C~e 'Pce'''' "C<'"'''' ,.., "~~,,,_~'
"~~~-~"'."., ""'Jr"-"~"~"']" "T'
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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. 2005-114
At the Mayor and Common Council meeting of May 16, 2005, the City of San Bernardino
adopted Resolution No. 2005-114 - Resolution approving the Final Map for Subdivsion Tract
No. 16509-2 (Lots 32 through 59) and the Final Map for Tract No. 16509-3 (Lots 60 through 73)
located on the west side of Northpark Boulevard between University Parkway and the Devil
Creek Flood Control Channel, accepting the public dedications as set forth on said maps; and
authorizing execution of the Standard Form of Agreement for the improvements in said
subdivisions, with time for performance specified.
Attached is a copy of Resolution No. 2005-114 and two (2) fully executed original agreements
for each tract.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
Date:
o e mentioned documents.
Please sign ad retUrn