Loading...
HomeMy WebLinkAbout13-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution approving Final Map for Tentative Tract Map No. 15228 located at the southeast corner of Magnolia and Ohio Avenues. Dept: Development Services Date: December 29,2005 File No.: TR No. 15228 MCC Date: January 23, 2006 ORIGINAL Synopsis of Previous Council Action: None. Recommended motion: Adopt resolution. ~~ Contact person: Lynn Parker, Sr. Civil Engineer Phone: Ex!. 5110 Supporting data attached: Staff Report, Reso, Agreement & Map Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acet. Description) Finance: Council Notes: f1.?'tJc d,DOb- n //:13/D~ Agenda Item No. J..j ~;f'.,\~ "'"~-~-~:;'~:':~: ~""'."~'" - ,- -'n !i'Tl'n"~T - c.' """W'W'=,,~"'V' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c:> STAFF REPORT o o Subiect: Resolution approving Final Map for Tentative Tract Map No. 15228 located at the southeast comer of Magnolia and Ohio Avenues, Back2round: On February 20, 2001, the Planning Commission approved Tentative Tract No. 15228 to subdivide 5.5acres into 17 single family lots with a minimum lot size of 10,800 square feet. On May 6, 2003, the Planning Commission approved a one year Extension of Time (EOT No. 03-01) from February 20,2003 to February 20,2004. The Planning Commission approved a one year Extension of Time (EOT No. 04-07) from February 20,2004 to February 20,2005. The Planning Commission approved a one year Extension of Time (EOT No. 05-07) from February 20, 2005 to February 20, 2006. The developer, Greystone Homes, LLC, has posted the required bonds and insurance and has executed the standard Subdivision Agreem"ent to guarantee the construction within 24 months. All conditions for map recordation have been satisfied. Financial Impact: None. Recommendation: Adopt resolution. 2. 12/29/05 2:25 PM ',,:~ ,.... '~'~;:1\:t.....""......, o o o -~.~ A't;..... ~/ ~/ f:<... if/ . "111111"'''- . I .,,,.- .. "irf"~~~'."" ........ ~ ~ ~ ~fJ.}!a 9lt.~ V'). --/ " '. / N1 l. ~ Ci / V)i .LJ, / A;,"'/ Illji"'~' I~ I'" ~ I iiI) /J,' / t::::J 'r .JIIIJJ.;:~~J CD ./ ~ ""~Jt1 / I;j /..f '1.J / ~/ ~ it:: . / >___.J N /~'~i ~ .~~ .4'/ .4'.4'~7'/~'![~ ~~ pt'. /. /~ ~ <oJ IV,., '.f ~O~~ ,.~.~~/ ~ ~ V: ~. ~~/~ ~ ~// ,y &>1,..J .4' .... ~ :' ~, ..f'. Ji!;:;-', ". ~I ~I . J .{~ ~<;"",.'i.. " ./ " 4/7 -'--.. . ~ /9;: J .....~ ! q;: ~,llf< . '. jll....QJji:;j 'f)7a!v, v,/ P;}f lt4'.1. '.:Is" ! '/7Ja ...~, IV!.~ ~ / ~ QO 'JSJ '. ../ , '(J1(j1:';.,./e~/ M 4' I .S(}i. ../:J I~ 4'1.....~ ~I M ;{~/tNl"jl;i8 ~ ~ I/') /',1'Q~HJ If.LS ~N""'", ~ / ","'<Ie ~JsJ'" ~ 't :' ~ .4' ~ ~ ^-- .. ~ ",.Ls I.' b>J I/~ gr.. ___ a.. <S": v,/ 4i .... '. ". / K, / . ~1I11t' q; / ..j.... t:......! !! 17.L/I.> / . ~i N~/~ ~ ., v'J ' ~ ". Z . " ~ '::)/.i.J I ~/ .. -..j ~~ I "4J It/-A~. C) '. ~ 0 ~i '" ~: VIV/O S ,@ C. i 9? ;:r... ~ V).. ' Cl,.LJ O'~ 7. t:......!. Ie" /J.4'/J1S;"r' ". /., ~ . ~ ~ ~ VI / ~.. .... I ~ .~ / ~/~U' == VhON~,/ . t:: 0 .51 "'~7',~~ ~ ' Qi / - '. Ie" ~/ ,y.... ~ ~/ ~ 1 ~/ I 31J..Lit' / ~ ~~ :--.1/2 ~~ ~ ~~ S .:t: ~ ~/' ..i ~'\;) / / ./ , I ~/ i i .;': ....... .~ .Q:l 4' . :~~ J..../ ~,' ~/ ~ 0'..,::::,. <0.' ~ "-c__~ -- '~"'- ~ 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO APPROVING THE FINAL MA,P FOR TRACT MAP NO. 15228, LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO AVENUES 4 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC 5 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 6 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 7 8 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council fjnd that proposed Tract Map No. 15228, 9 10 located at the southeast comer of Magnolia and Ohio Avenues in the RL, Residential Low land 11 12 13 use district, together with the provisions for their design and improvement, is consistent with the General Plan of the City of San Bernardino. 14 SECTION 2. The Mayor of th~.~ity of San Bernardino is authorized on behalf of said 15 City to execute the standard fornl Subdivision Improvement Agreement with Greystone Homes, 16 LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by 17 Title 19 of the San Bernardino Municipal Coue and the California Subdivision Map Act. The 18 time for perfornlance is as specified in the Agreement. Said improvements are specifically 19 20 21 22 23 24 described and shown on Drawings approved and on file in the office of Development Services of the City of San Bernardino. SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements. 25 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the 26 27 28 '11.6#/3 (! J. a/66 ~".';;:.:".-'.';.;.;::;:;;';.. '" ""Y~"~~,"",~,- - ", 0 _., _.~, "w. ',"' ..'"" _' .... 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 15228, LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO AVENUES 3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC 4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 5 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 6 7 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. 8 The City Clerk shall certify approval and acceptance of the Mayor and Common Council 9' as set forth in this Resolution. 10 SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute 11 it within sixty (60) days of the passage of this Resolution. 12 13 14 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ..- " -"'-"--'--" T~" 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 15228, LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AND OHIO 3 A VENUES IN THE RL, RESIDENTIAL LOW LAN,D USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING 4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE 5 IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at. a meeting thereof, held 9 on the 10 11 12 day of , 2006, by the .following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA LONGVILLE 13 14 15 16 KELLEY 17 JOHNSON 18 MC CAMMACK MC GINNIS DERRY 19 20 21 The foregoing resolution is hereby approved this 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 City Clerk day of , 2006. Judith Valles, Mayor City of San Bernardino By: . 3 '""';"~~"P'~CTC~"' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "","~" "'T ~''''"">""T" .""r"~"T"Ti~irlm","~'"' - "" -T1>11I1"l'"' .".~ C"" . "~"".~' .~ ..~- AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of .' 2006, by and between the CITY OF SAN BERNARDI;\JO. a \1ul1icipal Corporation, hereinafter referred to as "City," and Greystone Homes, LLC hereinatier refeITed to as "Subdivider." RECIT ALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract Map 15228; 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 tillS 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. -.--P-. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 'c"y,?,~~'~c'rTTT- - """ "'-'-~-~~"Tr"" '..1 - "",,,,,,,.~ --"-~"T . "".-~-" " -. """' .' "." '~ --- NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, thel:ein 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 perfoml, or cause to be done and perfomled, 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. "York: Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Perfomlance. 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 relie\e the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 2 ~'>"i",,::O''''-'T:~'--< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "' ",,~~","".,""" "~~. -. " """--"0'-'" ""~ ~"," ",'_'_"""~__"" '-""""^~ - . '_"", "0"-'"_____ "-" "' '" - -."-' -""--,,~-- 5. Repairs and Replacements. Subdivider shall replace, or have replac~d. 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 thereoC or the State of Califomia, or any agency or political subdivision thereof, or by the City. or by any public or private corporation. or by allY person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, aIld subject to the approval, of the City Engineer. 6. Utilitv Deposits -- Statement. Subdivider shall file with the City Clerk. prior to the commencement of any work to be performed within the area delineated on the map. a \vritten 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. Pennits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary pennits 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 Bemardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall gIve personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 ~I"r~(" ~,~"." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ,.~- .~- --.,- ~'-~- "-",~"--' l:JJ -. -~-- ,-~- - -,- ""^"~-'-"~~- 9. Inspection by 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 perfonned as security for the faithful perfOlmance 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 pcrforn1ed as security for the payment of all persons perfonning labor and furnishing materials in connection with this Agreement; and. (c) An amount equal to at least twenty-five percent (25'Yo) of the total estimated cost of the improvements and acts to be perfonned as security for the guarantee and warranty of the work [or a period of one (I) year following the completion and acceptance thereof against any defective work or labor done, or defective materials fumished. 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 fUl11ished shall be in the form of bonds. deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 ""H~"'-"'CIF~" '''.,_r ,. , C'-'V~' - . .'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'r- _"__'''''_'~''''?~_''_'H'_ -"---'T'-- ~. ~-~,-'" ,.'.~..- ._-~.- 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 appro\'ed by City Attorney as to form, amount and carrier. nor shall Subd~vider allow any contractor or subcontractor to commence \\ork on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's Compensation Insurance/Emplover'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. dnd. in case any work i~ sublet, Sub,divider shall require any C011\ractor or subcontractor similarly to provide Worker's Compens'ltioll Insurance and Employer's Liability Insurance lor all contractor's or sl,bcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agre':.l11ent at tbe 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 plOtection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and 5 _~m_~~~_. '~'">"'""'''''''Y>'''''''''' "":"""""'l,::~;;,,"""'ri"'<ft':''''''TW'-'- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -"1 r " -.,",~--~-" .-. rr'- --....,-.".". .......",..."~~.r"~'- .- ._ maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor perfOnlling work covered by this Agreement frol11 claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for propet1y 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: (l) Public Liability Insurance. In an amount not less than One Million Dollars ($ LOOO,OOO.OO) for inj uries, 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) Property 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 6 _.'~._-/('''' p" ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _,'''''H,,'' 'T~"- ,-' ,~.. 'i!IilI! cross-liability endorsement, insuring on such policy City, its electi\e and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covercd by this Agreement. (3) Tail Covera~e. Insurance coverage, albeit for public liability or propel1y damage, shad be written, ifpossible, on an "occurrence" f01111 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 ti'om completion of the project. All subcontracwrs must and shall comply v:ith Hoe same insurance provisions ,IS th,? COlllractnr(s} "nd subdivider(s). (4) Pcr,;onal Iniu(y - Delined. As used herein, the term "personal IIljury" shall be defin~'d <IS J ht::.[ or damage to one's person Including, without limitation, damage to health, cuts, bruises, brokc:l limbs ancVor bones, or the like, disabilities or impairments. including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, maliciolls prosecution, f~lsc imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereof, with satist~lclOry evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and c~ntractor shall also provide City with evidence that each carrier \\ill be required to give City at least ten (10) days prior written notice of the cancellation or reduction .., I ~'53:;::~!~:::~:;:, ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "I',~,q'inf "'r~"'c~ ....'.."'''~r''. ',"'. ~'" ." <<, '. ."c,'_ in coverage of any policy during the effective period of this Agreement. 13. Hold Hannless/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 ham1less from any and all liability losses, damages, claims, liens, dcmands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, cou11 costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to property (including prope11y of the City) and without limitation by enumeration, all other claims or demands of e\'ery character occurring or in any way incident to, in connection with or arising directly or indirectly, (including li'om the negligent performance by its officers, employees, agents) from the tem1S of this Agreement, whether such operationslincidents 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 8 ~"'-= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , ',' ''> c ,n-,- '-""""'-~?,?,,p~'n~w- ~--- --"-T"','","~'~H~r-"-- - ''''-- ,'n- _.'.~_.-cc~"'~~ acceptance by City, or by deposit with City by Subdivider, of any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be 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'sIDeveloper'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 SubdividerIDeveloper's performance hereunder. 14. Title to Improvements. 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 9 ~;<"_:"'o,,?:,,,~..,e' --, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T"-~'-' .- -. '--"_~'F~_ 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 rcplacements oi' perform the nccessary work, and Subdi\'ider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of Ci!y. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and D~fault. If Subdivider refuses or fails tu obtain prosecution of the work, or any severable part thereof, v-.ith such diligence as \\ill insure its completion within the time specificd, or any extensions thereof, or fails to obtain completion of said work within such time, or if thc 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 <Iny of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19, Breach of Agreement; Performance by Surety 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 10 ~ r fl"' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,_.~,~.- ._",..' . . ., . ",pm.,'~~ serving upon of such notice of breach, does not give City written notice of its intention to take over the perfom1ance of the contract, and does not commence performance thereofwithin Ii\(: days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event. City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 20. Notices. All notices herein required shall be 111 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 Bemardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Sant Development Corp. 617 North Poplar Street, Orange, CA 92868 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: Insurance Company of the West 11455 EI Camino Real, San Diego, CA 92130 Provided that any;party or the surety may change such address by notice in writing to the other party, and, thereafter, notices shall be addressed and transmitted to the new address. 21. Successors Bound. This Agreement shall be binding upon and inure to the II ~'<G """ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J ~."'""' " " ,.,. ,~",,,,~~<~..'-'" ....., "~","'~' ~." " .~.,," ., .," "~'~'''- benefit of each of the parties and their respective legal rcpresentatives, Sllccessors, heirs and assigns, IN WITNESS WHEREOF, the parties hereto have executed this Agrecment of the Ju: and year first above written, ATTEST: CITY OF SAN BERNARDINO By: City Clerk Judith Valles, Mayor City of San Bel11ardino Approved as to f0l111 and legal contCnt: SUBDIVIDER: GREYS TONE HOMES LL JAMES F, PENMAN, City f.ttorney. By: _ Byd~7 -~ By: 12 ~:'r':,;~~~-- -Co-_-- , ..-----. -,.. ~ ~. '.',w== CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '~~_~~~~~..<X'.0:'~~..<X'~ County of On De<:- o-~ -7 ,...k.. 2<-VS- L..</ ,- ( Dale before me, ]f SS. C(j~S,^-1PV.J jI/<-~1''t-'r ,t~(C Name and Title of Officer (e.g., "Jane Doe, Notary Public") State of California personally appeared /;)::;/;/1"/ S S. >>'1NT Name(s) of Signer(s) C. GOSMAN Commission # 1504713 Notary Public. California Orange County My Comm. expires Ju131. 2008 ------_....~ ~ D personally known to me ~oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islp6 subscribed to the within instrument and acknowledged to me that he/~e~ey executed the same in histpe!/tl'rtllr authorized capacity(ies), and that by hisll)6r~ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document fl.,.... Title or Type of Document: (l14 f/...eC!.....~1\J1 Document Date: }Z..! w/~'l- Number of Pages: I 2- Signer(s) Other Than Named Above: < .; 1 . L Top of thumb here Signer's Name: D Individual, D Corporate Officer - Title(s): D Partner - D Limited D neral D Attorney in Fact D Trustee D Guardian or D Other: Capacity(ies) Claimed by Signer(s) Signer's Name: YoG Af:pvr.:. D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator V-' Other: l\.t ~, IIV ~ HGI'<8Gi'2- Jd L- RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: 1-11 ~ Signer ~~~~~~~~~~ <<:12004 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ~.i1 .T;L:<;:B~.c.2':-c:.-,,~~. ~ r ~n """ "~"r&"~'~~~l ~ - -~- I.C.W. GROUP Ej INSURANCE COMPANY OF THE WEST D EXPLORER INSURANCE COMPANY D 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. : 2168751 Premium: $7,740 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of San Bernardino, State of California, and Greystone Homes, LLC (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated (none stated), and identified as project Tract 15228, is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Insurance Company of the West. as surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called "City"), in the penal sum of Three Hundred Sixty-two Thousand DOLLARS ($362,000,00) lawful money of the United States, for the payment of which suni well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or it's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, The surety hereby stipulates and agrees that no change, eJ\.1ension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise 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 whereof, this instrument has been duly executed by the principal and surety above named on December 30, 2005, Sure CA,jCW 18 (7/00) -- ~>"'q^-' F1TT~" ---~, i- _,ww.-- l ~~. .~...."'" - -0'-- _,o__=_,~ No. 0000050 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casually and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents, In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005, ---;.1il;-~ /~~\~:-_~~-~'\ Ie (j>~\ X,,\ tJ( +, ),~-~ ")~ ') I~ "rt~ ~ \~ ra,\ 1/ "~;:;:"_ .---4 / "...v.\t:, - ,.~/ '---!--- " f>UFU\o\( l/,'* ...o,..c~ :'flli_'CJo ~_C" '; '~: SEAL)i ,.Jf'l . '*', ',0.:'''(, -.~, r~ 1~C?~,-~ '\ --t. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY *'#:'~' , -'" YV'- . .to' ./.> ...7"'" "., --<~~~~1 1:--.,_.--....-"/ Jeffrey D. Sweeney, Assistant Secretary John L Hannum, Executive Vice President State of California County of San Diego On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instmment. } ss. Witness my hand and official seaL Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with fucsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Ex,,!,utive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the personls) named as Attomey(s)-in.Fact to date, execute, sign, seal. and deli veT on behalf of the Company. fidelity and surety bonds. undertakings. and other similar c,ontracts 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 status of the appointment, may be facsimile representations..ofJhose signatures; and ~ signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE I, the undersigned, Assistant Secretary of msurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full forc~. \ IN WITNESS WHEREOF,Ihavesetmyhandthis bO-t"h dayoft)eCemQe.\ ,').OO~. d -'1f/dlA~c:?J Jeffrey D. Sweeney, Ass:stant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Pow,", of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please cont!.ct Surety Claims, ICW Group, 1 ]455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. """i-~cc,,"~r~'~~' ~ _ c . . ~ ~ < " <.<.~~_''',.C"< ~ CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 30. 2005 DATE before me, Janae Forrest. Notary Public NAME, TITLE OF OFFICER c E.G 'JANE DOE, NOTARY PUBliC- personally appeared Judith A. Dickinson NAME,S) OF SIGNERIS) XXKpersonally known to me . OR - 0 ~~. to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. j. . . - ~ . . jA~fE -F~R:R;S; . It S COMM. # 1364186 ~ 2 " NOTARY PUBLIC. CALIFORNIA 3l: 30 J ORANGE COUNTY 2 ~ '_ My C~mm. Exp. July 8. 2006 ~ T T T T y ~ . _ _ y _ _ T T _ Y _I' WITNESS my hand and official seal. ~fV11IlQ t~l OPTIONAL Though the data below is not required by law. it may prove valuable to persons relYing on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ~ INDIVIDUAL LJ CORPORATE OFFICER T1TLEIS) Subdivision Performance Bond TITLE OR TYPE OF DOCUMENT o PARTNER(S) o liMITED o GENERAL One (1 ) NUMBER OF PAGES XXX ATTORNEY.IN.FACT C TRUSTEE(S) o GUARDIAN/CONSERVATOR i1 L....! OTHER: December 30, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS} OR ENTITYIIES) INSURANCE COMPANY OF THE WEST Not Stated SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 "'liIUf~""'C' ~W'- - - -' -~" , '-,,, '" , i - - _. n _~___n__ ""-',- Jew GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real San Diego, Ca 92130-2045 BOND # 216 87 51 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by cenain acts of international terrorism. Weare providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year, The Act also caps the amount' of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted), Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium, "'~~""l""'e,,~~ ',-'''.' "TT'-"'F.,.....'.-l-.----.-~~l'-- --rr -rn-' . .~_~~,,-,w__ -., _- ._". ".--.-- I.C.W. GROUP ]gI INSURANCE COMPANY OF mE WEST o THE EXPLORER INSURANCE COMPANY o INDEPENDENCE CASUALTY AND SURETY COMPANY 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.icwgroup.com Subdhision Bond (California) LABOR AND MA TERIAL BOND Bond No.: 2168751 Premium is included in the Performance Bond. Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and Greystone Homes, 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 (none stated), , and identified as project Tract 15228 is hereby referred to and made a part hereof; and Whereas, under lhe terms of said agreement, Principal is required, before entering upon lhe performance of lhe work, to file a good and sufficient Payment Bond wilh lhe Obligee to secure lhe claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 oflhe Civil Code of the State ofCalifomia. Now, therefore, said Principal and Insurance C{)mpany of the West (hereinafter designated as "Surety") are held and fIrmly bound unto lhe Obligee and all contractors, subcontractors, laborers, materialmen and olher persons employed in lhe performance of the aforesaid agreement and referred to in lhe aforesaid Code of Civil Procedure in lhe sum of One Hundred Eighty-one Thousand dollars ($ 181,000.00), for materials furnished or labor lhereon of any kind, or for amounts due under lhe Unemployment Insurance Act with respect to such work or labor, that said Surety will pay lhe 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 lhereof, 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 tiL'(ed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to lhe benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing wilh 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 tlris obligation shall become null and void; olherwise it shall be and remain in full force and effect The Surety hereby stipulates and agrees that no change, e:\1ension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any marmer affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, lhis instmment has been dilly executed by the Principal and Surety above named, on December, 30, 2005. Attest or Witness: G""''"r/=' LLef- By: \ 11,.---- 4 t~~ (Seal) Insurance Company ofthe West (Seal) CA.JeW 47 (7/00) ~~:::Lt"T{lrYc' 'T-IT~ '''>,...'"<>>'......W'."-_.~,y~.''._n...>'. , .".~""f-. ~T~...~-ijr '~'. ..._.~~..'c.c.~~..- .' ...~~~.- No. 0000050 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Cali fomi a, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfofthe Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001, ~ /.1.1i\:-;;~;, .:;~~~.t~'\", /::t'>-_c~~~~ ~4:<';~""P04';)"(,~ ~.,/ +1\'" .)~~. o "'\fC\ U(......--:-t. --7\~ ;:. SEAL)o ~ ~rY-'(.. .. ,.c. 1': __ 0 Q I~" \ ,t ~~ON~-I%~ ~.;,f hl/t "'~~ ~j ....."/ "~Q:"-_/4'/ ~ ,,-,," INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary Jolm L Hannum, Executive Vice President State of Califomia County of San Diego On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L Hannum and John H Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument } SSe Witness my hand and official seal. 1ft ~_I<U.. I -... '~I i ~i'it.1 Francis Fafaul, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together witb the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company. fidelity and surety bonds, undertakings, and other simila.r contracts of suretyship. and any related documents. RESOLVED FURTHER: That the signatures of the officers making tbe appointment, and the signature of any officer celtifying the validity and current status of the appointment, may be facsimile representations of those signatures; and.lhe signature and seal <>f any notary, and the seal oftbe Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations refened to herein may be affixed by stamping, printing, typing, or photocopying, " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and tbat the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force: \_ INWITNESSWHEREOF,lhavesetmYhandthis304 daYOf1)er p,\IY\Oe\ ,2.cl:2S- ~a~- John H Craig, Assistant S~r"tary To verify the authenticity of this Power of Attomey you may call I -800-877.1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For infom,.tion or filing claims, please contact 8'Jrety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 'l:~~,~",~,.."H"" , " .. ~""'r"'= '~'~'T"" '" " ,"~.._-, .. H. .,'~ CAL.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 30. 2005 DATE before me, Janae Forrest. Notarv Public NAME, TITlE OF OFFICER.. E,G.. 'JANE DOE, NOTARY PUBLIC' personally appeared Judith A. Dickinson ~ersonally known to me - OR - 0 NAMEIS) OF SIGNER(S) L , . ' , to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ' or the entity upon behalf of which the person(s) acted, executed the instrument. ~-e" ", JANAI! F6RREsr' It if", COMM. # 1364186 =: :i! "'::',';~ NOTARY PUBLIC-CALIFORNIA ~ 3; , 'j ORANGE COUNTY N 11.. T ~ T" T ;; ~y :o.:m~ ~:J~Y ~' :O~6 Jt WITNESS my hand and official seal. :A a1?~ ~/>1.l1.tll)'---'" J , SIG;"ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT SubdivisionLLabor & Material Bond TITLE OR TYPE OF DOCUMENT TlTLEIS) o PARTNER(S) D-t1MITED o GENERAL One (1 ) NUMBER OF PAGES ~ ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANlCONSERV A TOR o OTHER: , December 30, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONlS) OR ENTI1Y(IESl INSURANCE COMPANY OF THE WEST Not Stated SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 - ' 'WMr' "i.'T"T' """"'",-, 'c:'-~R', -"'~."'T"",' M' . !"!f""'"~' .. .- .". ...- ,- '",,,~ ICW GROUP INSURANCE COMPANY OF TIlE WEST TIlE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real SlID Diego, Ca 92130-2045 BOND# 2] 11 87 5] TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. Weare providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses, Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year, The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the ,attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium, 11f!'i;:,:'j'1EiP:'!;:"\'J'~""-;V'>""'''''''''oT:';"'7 , "'"'"'<, -<,,- -~-~- -","-"~--~--~- I.C.W. GROUP ~INSURANCE COMPANY OF THE WEST DEXPLORER INSURANCE COMPANY DINDEPENDENCE 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 MAINTENANCE BOND Bond No.216 87 51M Premium $N/ A KNOW ALL MEN BY THESE PRESENTS: That, GREYSTONE HOMES, LLC, as Principal, and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the sum of NINETY THOUSAND, FIVE HUNDRED ($90,500,00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 30th day of December, 2005, WHEREAS, on the (no date stated), the said GREYS TONE HOMES, LLC, as contractor, entered into a contract for OFFSITE IMPROVEMENTS TO TRACT 15228 for the sum of Three Hundred Sixty-two Thousand ($362,000,00); and, WHEREAS, under the terms of the specifications for said work, the said GREYSTONE HOMES, LLC is required to give a bond for Ninety Thousand Five Hundred Dollars ($90,500,00), to protect the City of San Bernardino against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, if the said GREYSTONE HOMES, LLC shall for a period of one year from and after the date of the completion and acceptance of same by said CITY OF SAN BERNARDINO replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect GREYSTONE HOMES, LLC By_L~L:) LI '.!d'"l7Ilf,../> INSURANCE COMPANY OF THE WEST ByftdiM .-&C~uJ Iu' A Dickinson ARNEY-IN-FACT GN-ICW 163 (7/00) ~~".->;" ft.' -"c=~ '. '--'_pc.w_"'"~~'~~~' '-'---rlr~- - c_ ^- _C ..~~",...tiil No. 0000050 ICW GROUP Power or Attorney Insurance Company or tbe West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively refelTed to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attomey(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this I st day of November, 2005. ,,"""'-.- --- .,~"u~.\.~ >/~;J!..!~~~ ..t-,''''o~,~"':.,, /(; ^ ,\~~ ;"lIFCJo ~-,(1 -\ dig .., ..... \~ :""g" SEAL _,,~,',-,,: I~ ~j7)~ ,-,0 .~, ~~ "'rI\~ c') "\,,""~, ".-1;0" .,''''~,,'.'' ~\ //'8'--\ ,/2/ ,'. .... tNI..' ...... .~rI>:-..v " , :'If/ . ",' ,", \~ '_/~'/ ':',',. -,' '~,=-,,-Y' }- "'~ ;'.1 /l U ft"/ ""<d~~/~'.:-~I -.~. ./ INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. HalUlUm, Executive Vice President State of California County of San Diego On November J, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same ili their authorized capacities, and that by their signatures on the instrument, the entity upon behalf orwhich the persons acted, executed the instrument. } SSe Witness my hand and official seaL lft, '~, _~ " i ~1Il' 2ri Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of tht> Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalfofthe Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship. and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certi fying the validity and current status oftbe appointment, may be facsimile representations of those signatures; and the signatnre and seaLofany notary, and the-- seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually atlixed, The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of tl,e West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, ~d are no~ in full forceD' L IN WITNESS WHEREOF, I have set my hand this 3C+h dayof _e~ta.l.2e c- , 2{){)~ j,. ..z/~ ~/;h'L.a-n-e.-4 ,/ J - It' f . ... ...----- I " c / ",---.:.-".. Jeffrey D. Sweeney, AssiSi:>nt Sec~etary To verify the authenticity of this Power of Attorney you may call] -800-877-1111 and ask for the Surety Division, Please refer to the Power of AttomeyNumber, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 1 ]455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400, -'rl~."f" ~ ~ ~ ."~"'W ..~ r ~ -,~~~,.' i - , "~".~.'----:s-r.w~ .,.....,'.._~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 30. 2005 DATE before me, Janae Forrest. Notarv Public NAME. TITLE OF OFFICER, E~G" 'JANE OOE. NOTARY PUBLIC' personally appeared Judith A. Dickinson NAME(SI OF SIGNERISI ~ersonally known to me - OR - 0 ) - ~ - ~ ~ . ~ ~^~~ f~'~~; ~ 1t (i~' COMM. #- 1364186 ~ Q ';"" ~ ." NOTARY PUBLIC. CALIFORNIA ~ ~ ~ ORANGE COUNTY N t ~ ~ ~ : _ ~y :o:m; ~p~~y ~. :O~6 Jt to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TlTLE(SI Maintenance Bond TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL One (1) NUMBER OF PAGES @ ATTORNEY.IN.FACT o TRUSTEE(S) o GUARDIANlCONSERVA TOR o OTHER: December 30, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTlTY(IES) INSURANCE COMPANY OF THE WEST Not Stated SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 ." e-_e_ -J"j__ - "~~--i-- __e___ e""",~___ e __e_~__, == Jew GROUP INSURANCE COMPANY OF TIlE WEST TIlE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real San Diego, Ca 92130-2045 BOND# 216 87 51M TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism Weare providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. ~ ~ ~ ,~ , " ., , ,~ ,m_ '.~.-~ ,""~' . ' ~ """'~'- I.C.W. GROUP o 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 lrnW.icwgroup.com BOND NO. 216 87 53 PREMIUM $ 128.00 MONUMENT BOND WHEREAS, GREYSTONE HOMES, LLC, hereinafter designated as "Developer", desires to record a final map for the development identified as: TRACT #15228 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 II1ap 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 swn of$ 5,IOO.OO,lawfu1 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 December 30, 2005 and the engineer or surveyor setting the final monuments shall have been paid, tllen this obligation shaH 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 successfuHy 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 tile terms of the agreement or to the work or to the specifications. IN WITNESS WHREROF, this instrnment has been duly executed by the principal and surety above named, on DECEMBER 30, 2005. GREYSTON HOMES, LLC 617 North Poplar Street Orange, CA 92868 INSURANCE COMPANY OF THE WEST 17852 E. 17th Street, Suite III Tustin, CA 92780 ~ APPROVED AS TO FORM: . Dickinson Att ey-In-Fact APPROVED AS TO SUFFICIENCY; Director of Public Works CA-ICW 30 (7/00) w""''"'':'~w..- . J ". r" -.-", '-"-. ..- ",~"--' ""'''''';''''''i'''",'''i+'<{''!''''.r~;~',.'""~_,,,~ No. 0000050 ICW GROUP Power of Attorney Insurance Company of lhe West Explorer Insurance Company Independence Casualty and Surely Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DfCKINSON, JAMES DE BEAU their true and lawful Attomey(s)-in-Fact with authority to date, execute,. sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorited officers this 1st day of November, 2005. -~.._~,'~ ",':__ /;iTY-;" ;...s. URA",~.. ;;;/cV/-~l) '. ,T".--"",,,,,~,,, /" ',,_d!;\ ....+..o".o,,~.~.. ~ / ^ "~\ '. ",." "-' C' ., '" i>/ \.t- ,.,. .. ~'.." 'o~~ c;; ...-----:-t }."7 i-\ ".~. .~SEAL..~ i( 'v:rl-v. )~1 "J.',"'o..,> "f' :Ii., V8,,-\ /BJ ..~ '. ..... .)-, \~Q'- /~~ '.~ li ~Y" INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J ..~ "1. '. ~qA ./?'. /.. J?'7~' -/:_",.<,~..<J<'.'. ~.l-- ... ,----- ~ Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On November], 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. } 55. Witness my hand and official seal. lit ___fa I , ~. #1471 j.. ~I Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company. fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signa!!m:s; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey 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, an? are now in full force. (_ IN WITNESS WHEREOF, I have set my hand this 30i-h _ day of bee.<? rY\h2e.r ,.21los- . .. ;y \' ~v...,. ~~/~'0-.u~3~ . ~J ?t'::f.'~~" (____ "---- Jeffrey D. Sweeney, Assist:U1t Se,creul.TY To verify the authenticity of this Power of Attomey you may call J -800-877-1111 and ask for the Surety Division. Please refer to th~ Power of Attorney Number, the above named individual(s) and details oflhe bond to which the power is attached. For information or filing claims, please contact Snrety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. tn,,-. "C,,,~, ,. c'" .. ccc"^<"c c~_ H , .. C"C_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ()n December 30, 2005 DATE before me, Janae Forrest. Notarv Public NAME. TiTlE OF OFFICER. E.G.. 'JANE DOE. NOTARY "VBLiC' personally appeared Judith A. Dickinson NAMEtS) OF SIGNERIS) ~ersonally known to me - OR - 0 JANAK 'OIlREST t COMM. #- 1364186 :e ::I . ' NOTARY PUBLIC, CALifORNIA ~ ~ ~ ORANGE COUNTY Ilol , t . . n _ ~y ~~m: ~p:J~Y ~. :O~& .~ to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 7 OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. . CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Monument Bond TITLE OR TYPE OF DOCUMENT TITlEISI ,., U PARTNER(S) -'. 0 liMITED o CiENERAL One (1) NUMBER OF PAGES @ ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANlCONSERV ATOR o OTHER: December 30. 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON/S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST Not Stated SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 ~:t~-:.''''::~.-'''' r= . , ',' m . , ...~.+,~,,~.. .,- ~~'~'-"I ~,,,.".,, . ,.-"~... .. ,.... ,., .w.... ....."'.".."'...."..,.,-_ Jew GROUP INSURANCE COMPANY OF TIlE WEST TIlE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real So Diego, Ca 92130-2045 BOND# 216 87 53 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. Weare providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. ~Y'7~~fti - _.,---, - ,?' ',-' - ~ ,-- -T"~~~T"rJr"'- '-- ~". _W'_ N-',. --- I.C.W. GROUP 1ZI INSURANCE COMPANY OF THE WEST D EXPLORER INSURANCE COMPANY D 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. : 2168752 Premium: $3,200 FAITHFUL PERFORMANCE BOND (GRADING) WHEREAS, the City Council of the City of San Bernardino, State of California, and Greystone Homes, LLC (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated (none stated), and identified as project Tract 15228, is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement NOW, mEREFORE, we, the principal and Insurance Company of the West, as surety, are held and firmly bound unto the City of San Bernardino, (hereinafter called "City"), in the penal sum of One Hundred Thirty-five Thousand DOLLARS ($135,000.00) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by tllese presents. The condition of this obligation is such that if the above bounded principal, his or it's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers,- agents and employees, as tllerein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in filll force and effect As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfi.Jlly enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise 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 whereof, this instrument has been duIy executed by the principal and surety above named on December 30, 2005. Sure By: CA.ICW 18 (ilOO) ,~_i'~""";," I 1 . .', ~ ~.. --~VI' ~!ffl'''1%'''''' "".', ,.".".. ._,.~.. ,. .-- No. 0000050 ICW GROUP Power of Allorney Insurance Company of the West Explorer Insurance Company Independence Casually and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attomey(s)-in-Faet with authority to date, execute, sign, seal, and deli ver on behal I' of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. ,'~!;URA~~ :,__ ...' ""o~ ,~' ~,.- (Jo ~;"CO ;', o "SEAL _!" -,,'1: ..,~. ~tJI, ',__...10.' ,:-.:~'l:)"M.\"-''t-~j //-:r;:--..:-.... .~V>:_._~ '" lel/ ^ "~,,\ (fJi i>/ \--t- \'t'\ I -c:::"'-- )--7).\':\ \ll Y'r'~ .. ,S\ 'i}.," 8/ \.... y "''"'; .....'- ,,;.,,~-, -.;.%-~~-;.""./ '--.-' INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ,J'-;~/ ~/t-';<?:I Jeffrey D. Sweeney, Assistant Secretary John L Hannum, Executive Vice President State of California County of San Diego On November 1,2005, before me, Francis Fafaul, Notary Public, personally appeared John L Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. } ss, . ___ I .., ' .lia\"" ... i.. ~I Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds. undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: 111at the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have theSame force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying, " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. ber: . IN WITNESS WHEREOF, I have set my hand thiS.3O.::th._ day of De f e h\ ___' 2lJCY:; ~ 11 ,., \,.. . .-;/'l ;} / ,.7 \'?~/7:~.u-r~! e_ ("--- ./ --........,..---- Jeffrey D. Sweeney, Assist"',,! Secretary To verify the authenticity of this Power of Attorney you may call] -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For infom18tioll or filing Claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. ,,~ ~ ~ 'C", , ",.".. .... ~. ,.-cw.,~~--=." ,'n'c' ~,~ ~~ ."""" CA.;';'IFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 30. 200~ DATE before me, Janae Forrest, Notarv Public NAME. TITlE OF OFFICER. E,G.. -JANE DOE. NOTARY PUBLIC' personally appeared Judith A. Dickinson NAME(S) OF SIGNER(S) ~ersonally known to me - OR - 0 ~ < . ,< f' , It ~ JANAE FORREST ",' eOMM. #-1364186 ~ '," , NOTARY PUBLIC. CALIFORNIA ~ , ORANGE COUNTY Ilol '. My Comm. Exp. July 8. 2006 it to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ~lis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN ESS my hand and official seal. ja'YLdQ /r/!A.L:i- SIGNATURE 0:' NOTARY OPTIONAL , 1 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 DESCRIPTION OF ATTACHED DOCUMENT Subdivision Performance Bond TITLE OR TYPE OF DOCUMENT TITLEIS) o PARTNER(S) 0 L1MITED-" o GENERAL ~ ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANlCONSERV A TOR o OTHER: One (1) , NUMBER OF PAGES December 30, 2005 DATE OF DOCUMENT SIGNER IS REPRESENnNG: NAME OF PERSONISI OR ENTITY(IESI INSURANCE COMPANY OF THE WEST Not Stated SIGNER(S) OTHER THAN NAMED ABOVE , ICW GP 416 -~T ,''" --"~-'-"'-'r-~~'-frF""'~~~'"'- - '~,--"" __y;c____~_",_' " -"C;"_~ Jew GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real San DieIo. C. 92130-2045 BOND# 216 87 52 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by cenain acts of international terrorism, Weare providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium, Under the Act, insurers are required to provide coverage for cenain losses caused by international acts of terrorism as defined in the Act, The Act further provides that the Federal Government will pay a share of such losses, Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year, The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, provided that the insurer has met its deductible, Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act, The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium, 8''-'" 1 JI" " ," ["0>, '1llY"""""""rR"- 71 'J ~fi1lrrr TwJ"f ~~'{~c=~~~,.,~.,,,, , ,,'.'c'~;'T:}C,~~t~':~'~~!3!~~.~0:'-:O;'7'ftf~ AmRIJ,M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDD/YYYY) 12/15/2005 PRODUCER (760)320-1111 FAX (760)320-1115 THIS CERTlFICATE.lS ISSUED AS A MATTER OF INFORMATION Garcia Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 2803 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs, CA 92263 INSURERS AFFORDING COVERAGE NAIC# INSURED Sant Development Corp. INSURER A: Quanta Specialty Lines Ins. Greystone Homes, LLC INSURER B: 617 N. Poplar INSURER c: Orange, CA 92868 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~ M'~~ TYPE OF INSURANCE POLICY NUMBER PR}~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY QNGOO0505200 07/02/2005 07/02/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,00(1 I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,00(1 A PERSONAL & ADV INJURY $ 1,000,00(1 - 2,OOO,00( GENERAL AGGREGATE $ f-- 2,000,0()1: GEN'L AGGREGATE LIMIT APPLIES PER: ,.>. PRODUCTS - COM PlOP AGG $ II rnPRO- n '-' POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT !-- $ ANY AUTO (Ea accident) f- ALL OWNED AUTOS BODILY INJURY c- $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - . - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBReLLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~gmT,~;,1 IOJ~- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDEO? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECtAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS holder is named as perations performed by insured on behalf of certificate holder. Certificate !additional insured. Formal endorsement to follow from company. Dob: tract #15228- Greystone Homes ~10 day notice of cancellation may be issued for non payment of premium. City of San Bernardino Development Services Department Michael Ackerman 300 N.D Street San Bernardino, CA 92418-0001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,., 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAUl IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (2001/08) @ACORDCORPORATION 1988 <if);- ~-,--- C""""""~"~~" ~,~ " _~'~"-- '"~'''''''m'_~ -,_~ "h, " ~_..[{~'-"_.-_'-__-F_ <--;'_-_~" -~ '-"c.;~-"';'~T,"-"'-V" '~"t:~ 12/19/2005 09:26 NO. 550 [;J002 SI' CI:RTHOLDER COPY STATE C:O....5NSATlON INSUftANC. I=UND P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 C!RTIFICATI! OF WORKERS' COMPINSAnON INSURANCE ISSUE DATE: '2-18-200S GROUP: POLICY NJM8ER: ' ' 1101417-200& CERTIFICATE 10: 3 CERTlI'ICATJ; EXPIU!$: 10-01-2001 ' 10-01-2001/10-01-1008 ' CITY 01 UN IEIIWIOINO .IlEVILOPEff SlItYIClS OEP"""'- 100 NORTH D STIlUT SAN IIIlNMDPD CA 12411-0001 SP ..: ALL CA ClPERATlCINS ThIs Is to certofy that w. hav, itlUlKl a vl~d Woners' Campllf1Sation in...._ policy in . fonn JlPlll'ooed bV the C11lfomll Insl.rance Commillli~ to the emplover IlIIMd below for the pOIigy pwiod inltc.ted. i'!as JIOlicy Is not sllbject to ~~ by tlIe Fund '"C4lPt upon3O d.vs OlllCe writtan IlOtlc:e 10 tile ""'Ioy.... W. will 1150 glve you 30 ~ ,"_ notice' IIiouId this JIOlicy llt cancelled prior to itS normal expirlllon. -n.is ceniflcll' of inSurlllC. is not .. insurlllC, pOlicy II1CI elMs nOI wnend. .xtend or alt.r the cover. affo'ded by the policy lislld herein. NotwithSlllld", lIlY ,...,....... term fit COl'CIition of IIft/ CGnlract or other doc_ witll recpeQt to which this certificate of onsur_ mey llt issued or to which it 'lIlY peruIn, the Insur_ afforded by tile policy described herein is cub jtcl to III tile I.,,,,,, exdusillM. and conditions, of IIUCh policy. ~ h~t.~ AL/THORIZeo I'lEf'RES!NTATIW PRESlOENT EJPLOYER'S LIABILITY LIMIT INCLUDI.. DEFINSI COSTS: $1,000.000 PER OCCURRENCE. fJIIJDIlSUENT IteOO - DENNIS S $ANT PRESIDENT - I)<'Q1lJ'U. EN:lORSE.NT 12011 INTIT:LI!D CER'TU%CATI HOLDIRS' JlDTICE EFFECTIVE 10-01-2004 15 - ATTACHED TO N<<J 1'0lIIIS A PART Of lHIS POUCY. - !MPlOYER UNT DlVELOPIIENT CORP "', N POPLAR ST ... CA 12... SII NY.a-OS! (SC2.CN] PAINTED I '2-18-2001 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): -' I Y,?r Ob Item # \ 27 Vote: Ayes '1 Nays Resolution # )D()b~ n Abstain Absent Change to motion to amend original documents 0 Companion Resolutions Null/Void After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: o o J~vM ..--- Reso. # on Staff Report 0 Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413,6429,6433,10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985,8234,655,92-389): Yes No By_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator o . Facilities 0 Parks & Recreation 0 City Attorney ~ Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services ~) Human Resources 0 Water Department 0 Others: Notes: Ready to File: _ Date: Revised 12/18/03 CITY OF SAN BERNARDINO Interoffice Mernorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 31,2006 TO: Lynn Parker, Senior Civil Engineer Development Services Department FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution No. 2006-17 At the Mayor and Common Council meeting of January 23, 2006, the City of San Bernardino adopted Resolution No. 2006-17 - Resolution approving the final map for Tract Map No. 15228, located at the southeast corner of Magnolia and Ohio Avenues in the R1, Residential Low Land Use District, accepting the public dedications as set forth on said map, and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Attached is a copy of Resolution No. 2006-17 and three (3) fully executed original agreements. We have retained a duplicate original agreement for our records. If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowle ge receipt of the above mentioned documents. Signed: ~, f Please sign and return Date: