HomeMy WebLinkAbout15-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Resolution approving Standard Form of
Agreement for Subdivision Tract No. 16509-2
(Lots 32 through 59) located on the West Side
of Northpark Boulevard between University
Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of
California, Inc., with time of performance
specified, and authorizing release of
University Park, LLC from terms of Standard
Form of Agreement for Subdivision Tract No.
16509-2 (Lots 32 through 59) as approved by
Resolution No. 2005-114, dated May 16,
2005.
Dept: Development Services
Date: August 2, 2005
File No: 11.03; TR 16509
MCC
08/15/2005
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading of
Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Subdivision Tract No. 16509, Phase 1
located on the west side of Northpark Boulevard between University Parkway and Devil Creek
Flood Control Channel.
05/16/05 Resolution No. 2005-113 adopted approving Subdivision Agreement with Richmond American
Homes of California, Inc., for Final Map of Tract No. 16509, Phase 1 located on the west side of
Northpark Boulevard between University Parkway and Devil Creek Flood Control Channel.
05/16/05 Resolution No. 2005-114 adopted approving Final Maps for Subdivision Tract No. 16509, Phases 2
& 3 located on the west side of Northpark Boulevard between University Parkway and Devil
Creek Flood Control Channel.
Adopt Resolution.
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Contact Person:
Mikp Gf1Ihh~ Fnp M;m~PPT/Fiplfl FnpinpPT
Phone: 'i 174
Supporting data attached:
Staff Report, Reso & Map
Ward:
5
FUNDING REQUIREMENTS:
Amount: N/A
Source (Acct. No.) N/A
(Acct. Description) N/A
Ppa .?l ooS'-.?, 1 g
Finance:
JII~/,s-
Agenda Item No. 15
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots 32
through 59) located on the West Side of Northpark Boulevard between University Parkway and
the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc.,
with time of performance specified, and authorizing release of University Park, LLC from
terms of Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots 32 through 59)
as approved by Resolution No. 2005-114, dated May 16, 2005.
Background:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which
consists of 160 single family residential lots located on the west side of Northpark Boulevard
between University Parkway and the Devil Creek Flood Control Channel. This tentative tract
was approved for a period of two years. On October 7, 2003, the Planning Commission
approved Minor Modification No. 03-07 to Tentative Tract No. 16509, clarifying the acreage
of the Tentative Map. On July 12, 2004, the Planning Division approved Minor Modification
No. 04-07, reducing the total number of single family residential lots to 157. Of these lots 150
will be developed in upscale single family residential houses. The remaining 7 lots will remain
undeveloped pending an application for a change of General Plan Land Use.
On May 16, 2005, the Mayor and Common Council approved the Final Maps of Phases 2 & 3
of Tract No. 16509 and approved Standard Form of Agreements for Subdivision Tract Nos.
16509-2 & 3 with University Park, LLC. University Park, LLC, acting as the subdivider, has
substantially completed development of the lots in Phase 2 and is selling Phase 2 to Richmond
American Homes of California, Inc., which is proposing to construct and market upscale homes
on the lots.
University Park, LLC has submitted a letter (copy attached) requesting that it be relieved of its
obligations under terms of the Standard Form of Agreement for Subdivision Tract No. 16509-2
(Lots 32 through 59) and that its bonds be released. In exchange, Richmond American Homes
of California, Inc. has agreed to enter into a Standard Form of Agreement for Subdivision Tract
No. 16509-2 (Lots 32 through 59) and post bonds to guarantee compliance with terms and
conditions of the Agreement.
Attached is the Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots 32
through 59) executed by Richmond American Homes of California, Inc., including the required
faithful performance bond, labor and materials bond, monument bond and the certificate of
insurance, naming the City of San Bernardino as additional insured for the project. The bonds
are issued by Hartford Fire Insurance Company, which has an A.M. Best rating of A+ XV,
which exceeds the requirements of the Development Code.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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University Park, LLC
333 South Hope Street, 36th Floor
Los Angeles, California 90071
tel: 213-229-2868 fax: 213-229-2870
July 19, 2005
By Facsimile to (909) 384-5155
And Hand Deliverv
Mr. Michael Grubbs
Field Engineer/Engineering Manager
City of San Bernardino
300 North "D" Street, 3rd floor
San Bernardino, California 92418
Re: University Park, LLC: Release of Bonds and cancellation of Subdivision
Agreement for Tract 16509-2
Dear Mr. Grubbs:
On behalf of University Park, LLC, we hereby request that its Subdivision Agreement be
cancelled and its bonds covering Performance, Labor & Material and Monument ("Documents")
for Tract 16509-2 be released.
Please be advised that:
1. University Park conveyed it's interest in Tract 16509-2 to Richmond American Homes of
California, a California Corporation ("RA");
2. RA will complete the installation of all utilities, street infrastructure and improvements;
3. RA will construct and market homes in accordance with San Bernardino City
requirements;
4. RA will do all things necessary to permit the release of the house for occupancy; and
5. University Park will have no further responsibility for Tract 16509-2 other than
guarantees and warrantees to RA relating to Tract 16509-2.
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University Park, LLC acknowledges the fact that RA has provided the City of San
Bernardino with a substitute Subdivision Agreement and bonds covering Performance, Labor
and Material and Monument for Tract 16509-2.
Thank you for your attention to this matter.
Very truly yours,
c~s M. Shurnak", -:::> ---
Authorized Signatory
cc: Mr. James Funk
Mr. Chuck Diamond
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RESOLUTION NO.~ ~ fPlf
RESOLUTION OF THE MAYOR AND CO:\1MON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) LOCATED ON THE
WEST SIDE OF NORTHPARK BOULEVARD BETWEEN U1\IVERSITY PARKWAY
AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FRO:\f
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO.
16509-2 (LOTS 32 THROUGH 59) AS APPROVED BY RESOLUTION NO. 2005-114
DA TED MAY 16, 2005.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Richmond American Homes of California, Inc., for improvements in Subdivision Tract No.
16509-2 (Lots 32 through 59 of Tentative Tract No. 16509) as are required by Title 19 of the
San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are specifically described and
shown on Drawings approved and on file in the office of Development Services of the City of
San Bernardino.
SECTION 2. Standard Form of Agreement for Subdivision Tract No. 16509-2 as
apprO\'ed by Resolution :\0. 2005-114 dated May 16, 2005. with University Park, LLC is
hereby cancelled by mutual consent of the City and Cniversity Park. LLC.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-2 (LOTS 32 THROUGH 59) LOCATED ON THE
WEST SIDE OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY
AND THE DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED, AND AUTHORIZING RELEASE OF UNIVERSITY PARK, LLC FROM
TERMS OF STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO.
lfi509-2 (LOTS 32 THROUGH 59) AS APPROVED BY RESOLUTION NO. 2005-114
Df\ TED MAY 16, 2005.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth ill this Resolution.
SECTION 3. 11is Resolution is rescinded, if the parties to the agreement fail to execute it
within sixty (60) U.1:-S of the passage of this Resolution.
III
III
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RESOLt:TION OF THE MAYOR A:\D COl\r\ION CODICIL OF THE CITY I
OF SAN BERl\ARDI:\O APPROVING STA:\DARD FOR:\I OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-2...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
, 2005, by the following vote, to wit:
Council Members:
AYES
ABSENT
NAYS
ABST AIN
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as 10
Form and legal content:
JAMES F. PENMAN,
Cily Attorney
'\
By: 'J6h> f ,( i,._~.
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AGREEMENT
(Subdl\'ision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
, 2005, by and between the CITY OF SAN BER.J"-.'ARDI!\'O. a Municipal
Corporation. hereinafter referred to as "City," and Richmond American Homes of Califomia.
l11c., hereinafter referred to as "Subdivider."
RECIT ALS
A.
WHEREAS. Subdivider has presented to City for approval a final subdivision
map ~hereaftcr called "map") entitled Tract 16509-2, consisting ofIats 32 through 59: and,
B. WHEREAS, the map has been tiled with the City for preserltation 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. Subdi\'ider 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 (he"einatier
c3lieJ "suodi ,'ision") deSIgnated in the map, all in accordance with, and as required by. the
Plans 3na Specifications for all or <1ny 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 A.~reement is executed pursuant to the provisions of the
Subdivision l\lap Act of the State of California and Title 19 San Bernardino MUlllcipJI 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 in~ure i
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 performed, at Subdivider's own expense, in a good and workmanlike manner, and furni~h
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.
'") Work: Places and Grades to be Fixed bv Enf;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. \Vork: 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
\\ithout notice to the Subdivider's surety, and extensions so granted shall not reliew 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. Repairs and Replacements, Subdivider shall replace, or ha\'e 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 ha\'e 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 Deposits - Statement. Subdivider shall file with the City Clerk. prior to
the commencement of any work to be performed within the area delineated on the map, a
written statement signed by Subdivider, and each public utility corporation involved. to the
effect that Subdi\ider 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 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 Ylunicipal 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.
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9. Ins[1\?ction bv Cin:. Subdivider shall at all times maintain Prol'. r facilities and
provide safe access for inspection by City to all parts of the work and to the shops \\herein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement secunty 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
performance of this Agreement;
(b) An amount equal to at 1e3St fifty percent (50%) of the total estimated cost of
the improvements and acts to be perfoffiled as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
lc) An amount equal to at least twenty-five percent (25';'0) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and \\arranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done. or dekcti\e
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 enforclllg 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 ;;an 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.
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] ]. 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, 3mount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all simi lar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrIer.
(a) ~orker'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, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdi\ider. In C3SC
any c13ss 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 calise each contractor 3nd 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 Liabiiity and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and propen:,
damage insurance as shall insure City, its elective and appointive board~.
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder.
whether such operations be by Subdivider or any contractor or subcontractor.
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(I) Public Liability Insurance In an amount not less than One \1illion
Dollars ($ I ,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 ($ I ,000,000.00) on
account of anyone occurrence: Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($ 1,000.000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard fom1 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\idcr
and any contractor or subcontractor perfonning \\ork covered by thi~
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage. shall be written. if possible. on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage. entitled "tail
coverage" must be purchased to cover a period of one (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdividcr(s).
(4) Personallniurv - 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. pruises, broken limbs and/or bones.
or the like. disabilities or impairments. including aggra\'ation 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 \vith 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.
]3. Hold Harmless/Indemnification. Subdivider(s)/De\eloper(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 ham11ess 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, co1ll1
costs, attomey's/Iegal 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 contractl)rS 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 Subdi\ider. or any of the
lI1surance policies described in Paragraph II 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 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/Deve!oper's
liability but is intended solely to provide for indemnitication of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
perfonnance 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 \\ork perfonned 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 J.,
detennined by the City in the exercise of its sole discretion require repair, replacement 01
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 (] 5%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
] 7. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision, Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Al!reement: Perfonnance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified: provided, however, that it the surety, within five days after the
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sening upon of such notice of breach, does not give City written notice of its intention to take
over the perfornlance of the contract, and does not commence perfornlance thereof withIIl fin:
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 ad\isable. for the account
and at the expense of Subdivider. and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City. without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20.
Notices. All notices herein required shall be in writing, and delivered in
13 person or sent by registered maiL postage prepaid.
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(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:
Richmond American Homes of California, Inc.
1305 Corona Pointe Court
Corona. California 92879
(c)
Notices required to be given to surety of Subdivider shall be addressed as
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 till'
benefit of each of the parties and their respective legal representatives, successors. heirs Jlld
assigns.
IN WIT~ESS WHEREOF, the parties hereto ha\e executed this Agreement of the dJY
and year first above written.
A TTES1:
CITY OF SAN BERNARDINO
By:
City Clerk
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
Richmond ~rican Homes of California.
Inc. .'
\. / .... 1
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JAMES F. PENMAN,
City Attorney,
'\
By:
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By: ).~/t.-.-- /
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By:
12
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State of California ) ss
County of Riverside )
On July 22, 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian
Woods personally known to me to be the person who executed the within instrument.
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~ L,,*F. WHI10EU
_ CorrmIIIIon 11 1555391
, NoIary NllIc . CCIIIIomIa
1- _ - '~~J.-d
Witness my hand and official seal
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" No~~:and~~s~~i=/?-?,'
Lynn F. Whitesell
My Commission Expires on 2/27/09
Bond No. 83BSBDM0045
FAITHFUL PERFORMANCE
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated ilS "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated , and identified as University Park, Tract
16509-2, (Lots 32-59), 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 Hartford Fire Insurance Company, as
Sure \', are held and firmly bound unto the City of San Bernardino, (hereinafter called
"Obligee"), in the penal sum of Five Hundred Sixty Thousand and 00/1 OOths Dollars
($560,000.00), 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 condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless Obligee, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addi tion 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 July 22,2005.
(Principal)
(Surety)
Richmond American Homes of
California, Inc:'/
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Hartford Fire Insurance Company
f. , - . i I, ,_
By: I "'_.1. '-- l. '--i. '-:'\ . t'l.: ..,J) . ')
Title: Kellv A. Jacobs, Attorney-in-Fact
.
"TTACH :--;OT ARY ACK:\O\VLEDGEME~T
A IT ACH POWER OF A TroRNEY
,
LOCAL SURETY AGENT:
C & 0 Bonding Insurance
1800 Lambert Road, Suite 210
Brea, CA 92821
l}14) 256-0691
State of Illinois}
} ss.
County of Dupage }
On July 22,2005, before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires September 23, 200~
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OFFICIAL SEAL
JENNIFER J M(;Cna.....
NOTARY" _ _ "'""D
t.fY cnu.:...~. ST A Tf OF IWfIlOIe
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POWER OF ATTORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD. CONNECTICUT 06115
Twin City Fire Insurance Company i !
Hartford Insurance Company of Illinois I
Hartford Insurance Company of the Midwest ! .
Hartford Insurance Company of the Southeast ! :
[KJ Hartford Fire Insurance Company
- J Hartford Casualty Insurance Company
~ Hartford Accident and Indemnity Company
I ! Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford ACCIdent and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of illinoIs, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
TWin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J Scheer, James /. Moore, Bonnie Kruse, Stephen T Kazmer, Dawn /. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J McComb
of
Countryside, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity If more than one is named above, to sign its name as surety(ies)
only as delineated above by [8J, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
M"~"'''_
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Paul A. Bergenholtz, Assistant Secretary
John P. Hyland, ASSistant Vice PreSident
STATE OF CONNECTICUT}
55. Hartford
COUNTY OF HARTFORD
On this 191h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
y~/ ~~~
Notary Public
My Commission Expires June 30, 2004
I, the undersigned, Assistant Vice President of the CorqEII,8~, J:J HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said Com:;anies, wr.!ch is S(:l! in full force effective as of JUL Y 22, 2005
Signed and sealed at the City of Hartford.
~'i'7:..:':;:..
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Colleen Mastroianni, Assistant Vice President
State of California ) ss
County of Riverside )
On July 22, 2005 before me; Lynn F. Whitesell, Notary Public, personally appeared Brian
Woods personally known to me to be the person who executed the within instrument.
I.-:~-f
I ~ NaIQry NlIc . CaIIbnIa
c;~~~e::7.=
_ ~ 4- ,. _ _ _
Witness my hand and official seal
. -/ . ..---- - / '~
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Notary fubii~-in and fo; said County
Lynn F. Whitesell
My Commission Expires on 2/27/09
Bond No. 83BSBDM0045
LABOR AND MATERIALS
WHEREAS, the City of San Bernardino, State of California, and Richmond American
Homes of California, Inc. (hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which
said agreement, dated and identified as University Park, Tract 16509-2, (Lots
32-59), is hereby referred to and made a part her..:;of; and
WHEREAS, under the ternlS of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
San Bernardino (hereinafter designated as "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 the undersigned as corporate surety, are held
firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty Thousand and 00/100ths
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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 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 be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
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 July 22,2005.
(Principal)
Richmond American Homes of
California,luc.
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(Surety)
Hartford Fire Insurance Company
ATTACH NOTARY ACKNOWLEDGEMENT
ATTACH POWER OF A TTOR.:"-1EY
fl., . ,\ . ~
By: '~.Uo'-1 ~; I \~C cL r)... .J.
Title:Kellv A. \Jacobs, Attornev-iTl-Fact
. \
\
LOCAL SURETY AGENT:
C & D Bonding Insurance
! 800 Lambert Road. Suite 210
Brea, CA 92821
(714) 256-0691
State of Illinois}
} ss.
County of Dupage }
On July 22,2005, before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires September 23, 2005
../
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POWER OF ATTORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD. CONNECTICUT 06115
Twin City Fire Insurance Company -=
Hartford Insurance Company of Illinois []J
Hartford Insurance Company of the Midwest U
Hartford Insurance Company of the Southeast i :
[K] Hartford Fire Insurance Company
l Hartford Casualty Insurance Company
LJ Hartford Accident and Indemnity Company
C Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of IIlmois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twm ClIy Fife Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J Scheer, James I Moore, Bonnie Kruse, Stephen T Kazmer, Dawn I Morgan,
Peggy Faust, Kelly A Jacobs, Elaine Marcus, Jennifer J McComb
of
Countryside, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
~\
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,~~
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Paul A. Bergenholtz, Assistant Secretary
John P. Hyland, Assistant Vice President
STA TE OF CONNECTICUT}
ss. Hartford
COUNlY OF HARTFORD
On this 191h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
~~/~~~
NOlary Public
My CommiSSIon t\plres June 30, 2004
I, the undersigned, Assistant Vice President of the COrT'fJon'():, 1)0 HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said COl11panies, which is i;tiII in full force effective as of JULY 22, 2005
Signed and sealed at the City of Hartford,
Colleen Mastroianni, Assistant Vice President
tl1
Insured's Name
I. RtCem~tl~ Americ'(n Homes
o a ~ orn~a, nc.
Insured's Mailing Address
; 1305 Corona Pointe Court I
Corona, CA 92870
Policy Number
83BSBDMOO45
IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS -
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective
November 26, 2002, we must make terrorism coverage available in your bond/policy.
However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for
all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your
bond/policy, any endorsements to the bond/policy and generally applicable rules of law.
Any terrorism coverage provided by this bond/policy is partially reinsured by the United States
of America under a formula established by Federal Law. Under this formula, the United States
will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by
sureties/insurers until such time as insured losses under the program reach $100 billion. If that
occurs, Congress will determine the procedures for, and the source of, any payments for
losses in excess of $100 billion.
The premium charge that has been established for terrorism coverage under this bond/policy is
either shown on this form or elsewhere in the bond/policy. If there is no premium shown for
terrorism on this form or elsewhere in tne bond/policy, there is no premium for the coverage.
I Terrorism premium: I $0
Form B-3333-0
Page 1 of 1
@ 2002, The Hartford
I
I
State of California ) ss
County of Riverside )
On July 22, 2005 before me, L)'nn F. Whitesell, Notary Public, personally appeared Brian
Woods personally known to me to be the person who executed the within instrument.
I---------~-~I
"LYNN F, WHI1IE1
_ CommIIIlOn t1 15N39t
-. Notary NlIc . CcIIIbl'*I
Ill\MIde CCU'tIV
L _ _ ~~:i_..~...L~
Witness my hand and official seal
"
.~ -~.-~
--.., ,---/ >- /,' / ~/
J~:~~: in a~ff~:~ounty -
Lynn F, Whitesell
My Commission Expires on 2/27/09
Bond No. 83BSBDM0046
MONUMENT BOND
WHEREAS, Richmond American Homes of California, Inc., as Principal, desires to
record a final map for the development identified as: University Park, Tract 16509-2, (Lots
32-59).
WHEREAS, pursuant to Article 9, Chapter 1, 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 Principal wishes to have the interior
monuments set after the time the map is recorded. Said Principal agrees to furnish a security
guaranteeing the cost of setting such monuments.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company, as
Surety, are held and firmly bound unto the City of San Bernardino, California, as Obligee, in
the sum of Eight Thousand Four Hundred and OO/lOOths Dollars ($8,400.00), lawful money
of the United States, for the payment whereof, well and truly to be made, said Principal and
Surety bind themselves, their heirs, administrators, successors and assigns, jointly and
severally, fimlly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT: if the monuments
are set on or before , 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 a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, if any, incurred by Obligee in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or to the work to be performed thereunder of the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension 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 July 22,2005.
(Principal)
(Surety)
Richmond American Homes of
Cali fornia,Ailc.
I
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lLe: ~.,J \ l.......:--\....}.j,): :'C~......... ..~~.(-I';l1 ...:.,'v.
Hartford Fire Insurance Company
.1
. I," I
By: I ...\ \,-ll-' --,\ ; V-!l""\"'). .-.J
Title: Kelly A Jacobs, Attorney-in-Fact
ATTACH l\iOTARY ACKNOWLEDGEMENT
ATTACH POWER OF A HORNEY
LOCAL SURETY AGENT:
C & D Bonding Insurance
1800 Lambert Road. Suite 210
Brea. CA 92821
(714) 256-0691
(university park-tk2-monumentdoc)
State of Illinois}
} ss.
County of Dupage }
On Julv 22.2005, before me, Jennifer J. McComb, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Kelly A. Jacobs known to me to be Attorney-in-Fact of Hartford Fire Insurance Company
the corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires sePtemb~~r 23.,2005
/ . /(, // . /
/ . . ~ ,--
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. , ~,
J /_7 '.)#'" .'/ / t.' '- \~t' , ---
~.rennifer J. McC;)mb, Notary Publlc'
., -,.. ,;;V<N.n
OFFICIAL SEAL
JENNIFER J MCCOMB
NOTARY~. STA Tf Of' IU*OtS
. MY COtoCo~8ION !XPIfI!':0GI2:M>S
T' (
POWER OF ATTORNEY
THE HARTFORD
HARTFORD PlAZA
HARTFORD. CONNECTICUT 06115
Twin City Fire Insurance Company i .
Hartford Insurance Company of Illinois I X i
Hartford Insurance Company of the Midwest i .
Hartford Insurance Company of the Southeast =
IT] Hartford Fire Insurance Company
Hartford Casualty Insurance Company
i X i Hartford Accident and Indemnity Company
CJ Hartford Underwriters InsuranCe Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
James Scheer, Michael J Scheer, James I. Moore, Bonnie Kruse, Stephen T Kazmer, Dawn I. Morgan,
Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J McComb
of
Countryside, IL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
.,
f ~O l\
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/r?zY>Y~~
Paul A. Bergenholtz, Assistant Secretary
John P. Hyland. ASSistant Vice President
STATE OF CONNECTICUT} s~.
~ Hartford
COUNTY OF HARTFORD
On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies.
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
y~/~~~
'.;ntary Public
\ly CornmlsslOll !-:xpires June 30. 2004
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said COmr,qlttJ~, 1!'1i-.:h is still in full force effective as of JULY 22, 200S
Signed and sealed at the City of Hartford.
~.,c:...~
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c, . Jl:.
\;_\.187'liJ
\:~ :.....-~~.
..... 'Il/IOI'>
c!~~
Colleen Mastroianni. Assistant Vice President
tll
Insured's Name
I. Richmoud American Homes
I at Cal1Iornla, lnc.
I Insured's Mailing Address
I. 1305 Corona Pointe Court
Corona, CA 92870
Policy Number
83BSBDM0046
IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS -
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective
November 26, 2002, we must make terrorism coverage available in your bond/policy.
However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for
all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your
bond/policy, any endorsements to the bond/policy and generally applicable rules of law
Any terrorism coverage provided by this bond/policy is partially reinsured by the United States
of America under a formula established by Federal Law. Under this formula, the United States
will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by
sureties/insurers until such time as insured losses under the program reach $100 billion. If that
occurs, Congress will determine the procedures for, and the source of, any payments for
losses in excess of $100 billion.
The premium charge that has been established for terrorism coverage under this bond/policy is
either shown on this form or elsewhere in the bond/policy. If there is no premium shown for
terrorism on this form or elsewhere in tne bond/policy, there is no premium for the coverage.
I Terrorism premium: i $0
Fonn B-3333-0
Page 1 of 1
@ 2002, The Hartford
I
State of California ) ss
County of Riverside )
On July 22. 2005 before me, Lynn F. Whitesell, Notary Public, personally appeared Brian
Woods personally known to me to be the person who executed the within instrument.
J----:!:
" ~~'I
II --;~
. -eo:..~!~ =7.
~--.
Witness my hand and official seal
Lynn F. Whitesell
My Commission Expires on 2/27/09
A CORO,..
I
PRODUCER
877-945-7378
CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2
Willis North America, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN. 372305191
Regional Cert Center
INSURED
MDC Holdings. Inc.
& Richmond American Homes of California, Inc.
1305 Corona Point Court
Corona, CA 92879
, INSURER A American International Specialty Lines In 26883-0
I INSURERS American Home Assurance Company , 1938~
I INSURERC Allegiant Insurance Company, Inc (A RRG) ,R3535-0
i INSURER D
I INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDI~
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF sue
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~f: ~~~'a
TYPE OF INSURANCE
POLICY NUMBER
A
~NERAL LIABILITY GL 148- 86 - 2 3
L1L-_COMMERCIAL GENERAlllA8111TY
CLAIM$MADE ~ OCCUR
GEN-L AGGREGA TE LIMIT APPLIES PER
POLICY j~T LOC
AUTOMOBilE LIABILITY
ANY AUTO
ALL OWN:::D AuTOS
I SCHEDULED AUTOS
~_-..--.J
HIRED AUTOS
NON-OWNED AUTOS
~RAGE LIABILITY
--------': ANY AUTO
I EXCESS LIABILITY
OCCUR
i CLAIMS MADE
DEDUCTIBLE
i RETENTION $
B I WORKERS COMPENSATION AND
i EMPLOYERS' LIABilITY
B i ANY PROPRIETOR/PARTNER/EXECUTIVE
B I OFFICER/MEMBER EXCLUDED?
! If yes. descnbe under
SPECIAL PROVISIONS below
C ,OTHER
~ Products / Completed Ops
! Liability
WC 121-28-03 ADS
WC 121-28-05 FL
WC 121-28-04 CA
'GL 00200405-002
! EACH OCCURRENCE
, DAMAGE TO RENTED
: PREMISES (Ea occurence)
i MED EXP (Anyone person)
I PERSONAL & ADV INJURY
I GENERAL AGGREGATE
I
I PRODUCTS - COMPtOP AGG
i COMBINED SINGLE LIMIT
: (Ea a~Cldenl)
i BOOIL Y INJURY
(Per person)
BOOIL Y INJURY
IIPe, awdenl)
, PROPERTY DAMAGE
i (Per aCCident)
I
'$
I
I
: AUTO ONl Y - EA ACCIDENT I $
I
, OTHER THAN
I AUTO ONLY
i EACH OCCURRENCE
I AGGREGATE
I T~~~I~JNs !
7/1/2006
7/1/2006
17/1/2006
!
is
I
E L DISEASE - EA EMPLOYEE S
I
E.L DISEASE - POLICY LIMIT
: EL EACH ACCIDENT
:$3,000,000
:$18,000,000
!
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Regency at University Park
LIMITS
,$
$
~QI
50 ,01
5~Q1
1,000,01
2,000,Oi
,S
1$
:s
EAACC i $
AGG '$
is
i$
1$
'$
!OTH-
I ER i
1,000,01
1,000,01
1 000 01
Each Occurrence
General Aggregate
City of San Bernardino is named as Additional Insured as respects to the General Liability po1ic)
-:RTIFICATE HOLDER
City of San Bernardino
Attn: Mike Grubbs
300 North 0 Street
~~~ R~r~~T~;n~. rA q241R
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA T
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRIT
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SH.
IMPOSE NO OBLlGA TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ado]J~d): 5/ \ 1) / V ~ Item #
Vote: Ayes i1 Nays
Change to motion to amend original documents 0
IS-
Resolution #
/Jv05-~1g
Abstain
Absent
Companion Resolutions
NulVVoid 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: ~,.,\ 1 ( (J ( ,
Date of Mayor's Signature: 1,' \ '\, 0< /'
Date ofClerk/CDC Signature: 'l-,r Vb! O~
/
Reso. Log Updated: a ,.
Seal Impressed: ~
Reso. # on Staff Report ~
Date Memo/Letter Sent for Signature:
1st 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):
/
Yes
Yes
No By
T -
No ,By
No? By=
No~ By_
No-LBy_
Yes
Yes
Yes