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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution approving Final Map for
Tentative Tract Map No. 16547
located at the northeast comer of Pine
and Ohio Avenues.
Dept: Development Services
Date: January 17, 2006
File No.: TR No. 16547
MCC Date: February 6, 2006
Synopsis of Previons Council Action:
None.
Recommended motiou:
Adopt resolution.
t1
James Funk
Contact person: Lynn Parker, Sf. Civil Engineer
Phone:
Ex!. 5110
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Aeet. No.)
(Acet. Description)
Finance:
Council Notes: ~. J, {)()t ~ 3 ;;--
Agenda Item No.
J-/C,JD~
15
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Subiect:
Resolution approving Final Map for Tentative Tract Map No. 16547 located at the northeast
comer of Pine and Ohio Avenues.
Backe:round:
On October 19, 2004, the Planning Commission approved Tentative Tract No. 16547 to
subdivide 3.49 acres into 8 single family lots with a minimum lot size of 10,800 square feet.
The developer, RGS Development Group Incorporated, has posted the required bonds and
insurance and has executed the standard Subdivision Agreement to guarantee the construction
within 24 months.
All conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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01/30/06 10:49 AM
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
3 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO AVENUES IN THE
4 RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
5 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 16547,
located at the northeast comer of Pine and Ohio Avenues in the RL, Residential Low land use
district, together with the provisions for their design and improvement, is consistent with the
General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
City to execute the standard form Subdivision Improvement Agreement with RGS Development
Group Incorporated, attached hereto as Exhibit A, for the improvements in said Tract Map as are
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is as specified in the Agreement. Said improvements are
specifically described and shown on Drawings approved and on file in the office of Development
20 Services of the City of San Bernardino.
21 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
22 Bernardino hereby accepts as public property all dedications within the subdivision as shown on
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said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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/10. IS
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
2 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO A VENUES IN THE
RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
3 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
4 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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6 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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The City Clerk shall certify approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
it within sixty (60) days of the passage of this Resolution.
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12 III
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III
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2
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16547,
2 LOCATED AT THE NORTHEAST CORNER OF PINE AND OHIO AVENUES IN THE
RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC
3 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTIO~
4 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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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
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AIN
ABSENT
10 ESTRADA
11 LONGVILLE
12
MC GINNIS
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14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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City Clerk
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The foregoing resolution is hereby approved this day of , 2006.
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By.4 d!dfrd-
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Exhibit" A"
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and RGS Development Group Incorporated
hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16547; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utility 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 Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: 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 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.
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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 performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (I) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino 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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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Employer's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site ofthe
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) 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
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cross-liability c:1dorsemcnt. insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any coptraclor or subcontractor perfornling work covered by this
Agreemcnt.
(3) TaiL Coverage. ;nsurance coveragc, albeit for public liability or
property damage, shall be written, ifpossibie, on an "occUlrencc" form
rather tl:a(, a "claims made" policy. If the insnran<::e policy is ,vri.ten
on a "claims made" policy, then additional coverage, entitleC: "(<.il
coverage" must bc purchased to cover a period of onc (1) year fyo:n
corllpiclion of the pojcct. All subcontrachHs must and ~h311 comply
with the same imllfance provisions as the contractor(s) :md
sllbdivider(s).
(4) PersonaLlnjl1.!Y - Defi:led. As used herein, the tam "personal illjl.:ry"
shall be ddincll as a hurt or damage to one's p~rsoll including, with0ut
limitation, damage to health, cuts, bruises, l:rokel1 limbs andior bor:e:;,
or the like. disabilities or impainllents, including aggravation of
existing injuries, or invasion of personal r;ghts, including libel or
slander criminal conversation, malicious prosecution, f2lse
in~jJris()lIlnent ar.d mental suffering.
12. Evid.~:~of Insurance. Subdivider and contractor shall furnish C:ty,
concurn.:ntly with the execution ber.;:oi: with satisfactory evidence of the insurance required,
and evidellce ,hat City is nall1~d and endorsed on the policy as an additional ir;sured.
Subdivider and comractor shail also provide City with cvid~nce that each carrier will be
requirrd to) give City at least ten (10) davs prior written notice of tile ca1;ceJlation or r(duct:oll
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Develqper(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/Iegal 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 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 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. SubdividerlDeveloper
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, of any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerlDeveloper or the City or to enlarge in any way the Subdivider'slDeveloper's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from SubdividerlDeveloper's
performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering insp,x:tions and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance 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 if the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be 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 "D" Street
San Bernardino, California 92418
(b)
Notices required to be givr:' to Subdivider shall be addressed as follows:
RGS Development Group Incorporated
6350 Calle Hermoso, Rancho Cucamonga, CA 91737
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
-r n .... A """' .-7:, 5 l-C , c.. _ _, ' ~ <:. I" u r
....... .... I.Jo <....' - L~ .,.;~....-.' ~"" '/'] C
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r ..,L
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ZO,:}
7,,' rc L,
h- ,vI" ---I ~
~
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9::Z6/7'
Provided that any .party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall b,:;' addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
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benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney,
By4"/~f
By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF 5/JiJ /?CtIJ/Jt1)/iYJ)
On this ;2k,-tJ.. day of .:JltNl/AR.Y ,2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
PfJ!SER! C;CWZA-tE2. /}/JD ~ ~zA(E7
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
&:;dJ~ President, and sc~rnRY personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
PJ2c:::/C6.T ~ 5&'F.el11~Y of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
~~JJ /Jidi
~ary Signature .
.1_ SYLVIA R. HOll (
_ Comm.' 1386694 'ft
U) NOTARY PUBllC-CALfORIIIA ~
~ San ........ c-ty
. 1I,~.Es,irlIIloY.23.2OOIt
(This area for official seal.)
13
~
InseemlCD
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for.
Developers Surety and Indemnity Company
Indemnity Company 01 Calffomia
17780 Filch, Surte 200 . Irvine, California 92614 . (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 725874S
$ 3,270,00
a lerm of two
premium is for
year(s)
KNOW ALL MEN BY THESE PRESENTS;
That we, RGS Development Group, Inc. , as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of the laws of the State of California and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the The City of
San Bernardino as Obligee, in the penal sum of One Hundred Nine Thousand and 00/100
($109,000.00 ) Dollars, for which payment, well and truly to-be made, we bind ourselves, our heirs, successors, executors
and administrators. jointly and severally firmly by these presents.
THE CONDmON OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as Ohio Pines Estates - Tract map 16547
, 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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in all things stand to and abide by, 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 penal sum 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 judgement 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 duly executed by the principal and surety above named, on January 27,
2006
PRINCIPAL: RGS Development GrouP,lnc.
6350 Calle Hermos~ucamon!la, CA 91737
/;~""7 -;? /'-1<..r.:,4.-./
Robert Gonzalez, President
SURETY: Indemnity Company of California
17 t=iIUl!r~in~
Attorney-in-Fact
10-1092 (GAl SubdiviSion P.~ormance Bond (REV. 1/01)
STA TE OF California }
S5
COUNTY OF San Bernardino
011 1/27/2006 . helore me. Janelle L. Miller, notary public
PERSONALLY APPeARED Cyndi Beilman
persollally kllOH'1I to me (or prOl'ed to me 011 the basis (!(.wtisfactor)'
eridellce) TO he the persoll(s) whose lIame(s) is/are subscrihed to the
11'1lhill instmlllent alld ackllowledged to me tha: he/she/they exeel/ted
the sallle ill his/ller/theirrmtllOri:ed capaciry(it's). alld tllat by hislllerltheir
sigllantre(s) 011 the illstrl/lIlelll the I'ersoll(s). or the elllir)' "1'011 behalf r~~~.I.:.~~~~(
_.,~. 'ct ~ !\ /1 I..
ofH'IIich rhe persm,(s) acted. execurcd the illstnl/llellt. /.<-c'~"c:f:\ JAN._~L.. l.. i.~_.ER
... (.-.' _) ?$.:_. CO:\1iA, #149~'::16 m
.. m :"';::'=::"~:-.J~~;;I N('t~ry Puh:ic:-California (J)
WITNESS Ill)' halld alld official seal. u..: \.:;.;....-: 2.'t."-;':' S.6J~ aERt,p,Run:o co:mrv =
~ <~~'.!'it/Py Co"'m. Exp. June 2~, 200:,.(
~.~-"'It'~.I'"~~.... .,...........,.
Sigllatllre i'~a~i 'f!.1 .-L r}l,-~L
. , . ..(L'ot<
I I
/ / This arell jor Official Notarial S"lIl
,
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
D INDIVIDUAL VU -hrrrlM7 ex ~JYYj
[)a CORPORATE OFFICER
r-~,d".--", TITLE OF TYPE OF DOCUMENT
TITLEISJ
D PARTNER(S) D LIMITED
D GENERAL ::;
D ATTORNEY-iN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER: 1-01-06
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME ()J: PERSQN(SJ 0>:1 ENTITY(iESI ~--~
, A" ~
" ' //t' J ?-1.<'~
.-:-;.?6/7 J ~
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. SlOl)
ALGPURPOSEACKNOWLEDGEMENT
POWER OF ATfORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do cach, hereby make, constitute and appoint:
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Facl, 10 make, execute, deliver and ackoowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority 10 do and to pcrl"orm every ad necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, an: hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of Noyember 1,2000:
RESOLVED, tMtthe Chairman of tbe Board, tbc President and any Vice President of the corporation be, and that each of them ben:by is, authorized to
execute Powers of Attorney, qualifying the attorncy(s) narned in the Powmo of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secrelary or any Assistant Secretary of the corporalions hs. and each of them bereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of sucb officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate beariog such facsimile signatures sball be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA haye severally caused
these presents to be signed by lbeir respective Executive Vice President and attested by their respective Secrelary this 1st day of December, 2005.
By: ~~-)
./. /_A
By: (/~ ~
Walter A. Crowell. Secretary
,........~
........~ "ND l.t~
"-~'" ,-'-"; ~(f: ..
l~ /O'-PO/tf;:.... +.i~
i",/(, "'\'::.\
."": OCT. ,-<.
S!!'! 10 in!
-- \ .0"
\~" 1936 /~i
....~.... IOWP...../,l/"l;/
.....:,)Q~...... ,,}-'
"f *_.....
.......
David H. Rhodes, Executive Vice-President
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December I, 2005 before me, Gina L. Gamer, (bere insen name and tille of the officer), personally appeared David H..Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to be lbe person(s) whose name(s) islan: subscribed to the within instrument and
acknowledged to me that he/she/they executed tbc same in bislher/their aulborized capacity(ies), and that by his/berltbeir signature(s) on the instrument the pcrson(s),
or the entity upon l>ehalf ofwbich the person(s) acted, executed the instrument
Signature
~.:/~
f- =-----~~~~-J
I.~=I
- - - - ,~~~~~~
WITNESS my band and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secrelary, ofDEVF.LOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby cenify that the foregoing Power of Attorney remains in full force and bas not been revoked, and furthermore, that tbc provisions ofth. .....,lutions of
the respectiye Boards of Directors of said corporations set h'1b in tb, Power of Attorney, are in force as of the date of this Cenificate.
This Cenificate is executed in the City of Ir.w., California, lbe . 27TH day of
JANUARY
2006
By ~/-~
Alben Hillebrand, Assistant Secretary
rn l"l'Ofl IDAH 1,)'11,"\
~
Insc@JlCC
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suile 200 . Irvine, California 92614 . (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 725874S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we. RGS Development Group, Inc. . as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of the laws of the Stale of California and duly licensed
to conduct a general surelY business in lhe State of California as Surety, are held and firmly bound unto the The City of San Bernardino
as Obligee, in the penal sum of Fifty Four Thousand Five Hundred and 001
100 ($ 54,500.00 ) DOLLARS,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these
presenls. ...
TIfE CONDITION OF THE OBLIGATION IS SUCH THAT:
WhereAS, the above-named Principal. has entered into an agreement which is made a part of this bond, with the City of San
Bernardino , State of California, as Obligee, for the designaled public
improvements in the subdivision identified as Ohio Pines Estates - Tract Map 16547
, as required by the Government Code of California.
Whereas. under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and
sufficient payment bond with the City of San Bernardino 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 Slate of California.
Now, therefore, said principal and the undersigned, as surely, areheld firmly bound unto the The City of San Bernardino
and all contractors, subcontractors. laborers, materialmen and o!her persons
employed in the performance of the aforesaid agreemem and referred to in the aforesaid Code of Civil Procedure for material 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 surely will pay
the same in an amount not exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond, .will pay, in addition
to the penal sum thereof, costs and reasonable expenses and fees, including reasonable allorney's fees, incurred by The City of San
Bernardino in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be laxed as costs and to be included in the Judgement 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
emitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give right of action to
them or !heir 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 surely hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of said agreement or !he
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 January 27.
2006
PRINCIPAL: RGS Development Group, Inc.
6~~CA91737
-? ~ rr.-s
Robert Gonzalez, President
10-1093 (CA) Subdivision Labor and Material Bond (REV. 1101)
0.-R
,
Allorney-in-Fact
STATE OF California }
SS
COUNTY OF San Bernardino
011 1/27/2006 , before lIIe, Janelle L. Miller. notary public
PERSON4LLYAPPEARED Cyndi Beilman
persolloll)' kllowll 10 lIIe (or pro\'ed 10 me 011 the basis of satisfaclory
el'idellcej /() be Ihe persoll(.\) ....hme ,wme(s) islare suhscribed /() Ihe
with ill in,Hrulllcnt alld ackllowlcdged 10 me Ihal he/shdrher exenlled
Ihe Sallk' ill hislher/lheirmtlhori:ed capaci"fies), alld IIlal by his/her/their
sigllalllre(s) 011 Ihe illSln/llle1l1 Ille pasOlI(s), or Ihe emir)' "1'011 be/wlf r~,.."""".~.A..t""""tb.~490-"'"~~f
(Jf ",hich Ihe persoll( S) aCled, eucllled the inslmlllelll. .....-c7"-; I 1=' I ':: :'I.'" I
/.',_,.: ,.,. _A~._._.,,_ L. ....,._ER
__ ,/ - ._ ,~;;':.\ CO~tlM. #149C.J:lG m
.. ~. ;;-"..... :..::.~~.-:J tbt~;y P'Jbl!-:;.Cal:hrnia ~
WITNESS III)' halld mId official seal. ;:.: \....,' :: ',~/ S.~~j ~f.Rfo!An~;NeCJlliHY .....
:~ "", .'::.:;" ilj' CO'T1m. E::.p. JUi1~ 25. 200n !
'~-'l""~'''''"'''.F-~~'...:_r.y_~'''~'~~'''''i~'. .
Sigllalllre /~~ .~ YflJ~
:/ . ~t(j.t'~
.I / Tl,is areoF)r Officiol.VO/arial Seal
OPTIDNAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL /~ h1Y {Vd f--ItA -kA ~o. ( \ ~d
B"CORPOR~ OFFICER I
::.--t PJ',.d...~.r TITLE OF TYPE OF DOCUMENT
TlTlE(5)
o PARTNER(S) o LIMITED
o GENERAL ::<
J
o ATIORNEY.IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: I - d- l-Ob
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
N"ME OF PEASO:>.<iSI OR EI\;'TtTYIIES) --............
A i~~~
SIGNER(S) OTHER THAN NAMED ABOVE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
PO~ROFATTORNEYFOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIIT
COMPANY OF CALIFORNIA, do eacb, bereby malte, constitute and appoint:
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on bebalf of said corpol1ltions, as sutetics, bonds, undcrtaltings
and contracts ofSurclysbip giving and granting unto &aid Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or pmper
to be done in connection therewith as eacb of said COrponlions could do, but reserving to eacb of said corpol1ltions full power of substitution and RVOCalioo, and
all of the acts of said Attomey(s)-in-Fact, pur.mantto these prcscots, are bereby I1ltified and confirmed.
This Power of Attorney is gI1lDted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chairman of the Board,tbe President and any Vice President of the corpol1ltion be, and lbat each oftbem hereby is, authorized to
execule Powers of Attorney, qualifYing the auorney(s) named in the Powers of Attorney to execute, on bcbalf of the corpol1ltions, bonds. undertakings and contracts
of suretysbip; and that the Secretary or any Assistant Secretary of the corporations ~ and eacb of them bereby is, authorized to attest the execution OhDY such
Power of Attorney;
RESOLVED, F1JRTHER, tbat the signatures of sucb officers may be affixed to any sucb Power of Attorney or to any ~ficate relating thereto by
facsimile, and any sucb Power of Attorney or certificate bearing sucb facsimile signatures sball be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to whicb it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA bave severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005.
BY:C~~ )
/. /_A
By: ~~ ~
Walter A. Crowell. Secretary
4;:NO~
I~'f/.'~O~"'~
I '''It.O~' -.....1'(1',,"'..
,,_I t ,,~';
."", DC. ,-c.
i~1 10 in!
\~\ 1936 I.~i
~:-"}'.,10w~y ...,:...,l>l
-.,.<< () ..--...... \o-T'
.............~...
David H. Rhodes, Executive Vice-President
STATE OF CALIFORNIA
COUNIT Of ORANGE
]
On December 1,2005 before me, Gina L. Garner, (here insert name and tille of the officer), persooa1ly appeared David H.- Rhodes and Walter A. Crowell,
personally known to me (or proved to me on tbe basis of satisfactory evidence) to be the pcrson(s) whose namc(s) is/arc subscribed to the within instrument and
acknowledged to me that belshe/they cxecuted the same in hislherltheir authorized capacity(ies), and that by bislberJtbeir signature(s) on the inslrWDent the pe:rson(s),
or the entity upon bcbalfofwhicb the person(s) acted, executed the instrument
Signature
6md :c< ~
f::':: - -~~~~ - J
B.~~~I
I CI'lANU ClICUtTY
~ _ _ _ _ ,~~.,_~~J
WITNESS my band and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SUREIT AND INDEMNlIT COMPANY and fNDEMNITY COMPANY OF CALIFORNIA,
docs hereby certify that tbe foregoing Power of Attorney rema,ru: in full fcrce and bas not been revoked, and furthennore, that the provisions oflbe resolutions of
the respective Boards of Directotli of said corporaticilS set f","lh in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City oflr:i"e, California,l.'!e 27TH day of
JANUARY
2006
By ~I-~
Albert Hillebrand, Assistant Secretary
'j]'~
InscliJlCD
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 F~ch. Suite 200 . Irvine. California 92614 . (949) 263-3300
MAINTENANCE BOND
BOND NO.: 7258745
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, RGS Development Group, Inc.
and Indemnity Company of California
and by virtue of the laws of the State ofCahforn'a
business in the State of California, as Surety, are held and firmly bound unto
The City of San Bernardino
, as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
as Obligee, in the sum of Twenty Seven Thousand Two Hundred Fifty and 00/100
($ 27,250.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Construction and completion of improvements, Ohio Pines Estates - Tract Map 16547
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptallce of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this 27th
day of January
2006
YEAR
RGS Development Group, Inc.
lode nity Company of California
Pnqcipal
Anomey-in-Fact
6350 Calle Hermosa Rancho Cucamonga, CA 91737
-"
)
/~ JII-""/
(
7;/~ -;7
~,_..,.s.
BY:
Robert Gonzalez. President
10.1201 (GA) (One Year Term)(REV. 3101)
STA TE OF California }
SS
COUNTY OF San Bernardino
011 1/27/2006 , before me, Janelle L. Miller, notary public
PERSONALLY APPEARED Cyndi Beilman
persollally kIlOII'II/O me (or prol'ed /0 II/e oil/he basis of satisfactory
e\'idellce) to be the persoll{sJ whose Ilame(s) is/are subscribed 10 the
wi/hill inslrull/ent alld acknOl.dedged 10 me tl1at he/she/they execlIIed
the sall/e ill hislher/theirau/hori:ed capacif)yies), and that b-" I1isllledtheir
sigllalltre(s) 011 the illstrull1l'11t the persoll(s), or the ellt;ty IIpOIl beho/f ~"~\A..t1...._~.........~
/c-;~ JAN'" I = L ,... 1 E" ~
ofl1'I1ich Ihe persOII(s) oc/ed, execured rhe ins/llIlI/elll, ~ /c...<.:.....~... I ...'.....- . "........... ...
_ !.': _ j )+ Y,. CIJMM. #1J\95-l:;G m
;n (;.~:"'::':~-:'~:.;t l'-!ot~ry ?uhlic~:;.'ihi:lja ''l
WITNESS 11/)' hand alld official seal, LU \J;/:::~1.s~~je.r.N~RD"jOC~U;I;_ =
] '" . _" t; .:...., lll\' \..omm. up. JUI1O.~ 2.;. ':::1,;05 ~
' '<,:-,,,~~..... ......--. .....~~"""""" v- _ .,....,......."""....t.
Sigllalllre ~i~U'z d}h~lL~
1/ This arNI.!ur Official Noraria[ Seal
-./
OPTIONAL
"
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL /J{li n-tCllunce.. 'Bone!
.@"CORPORATE OFF~R
~ 5 ,t-c...6... -/ TITLE OF TYPE OF DOCUMENT
T1TLEISI
o PARTNER(S) o LIMITED
o GENERAL 3
o ATIORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: l-cil-C0
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ~----~
NAf>'le OF PERSCN(S) OR 'ENTITY lIES) ~/' ~ /;7(. S
~-~'? ~ ,"'.......s
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do eacb, bereby make, constitute and appoint:
***Jeffrey R, Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their lTue and lawful Attomey(s)-in-Fact. to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of surerysbip giving and granting unto said Attorney(s)-in-Fact full power and IUthOrity to do and to perform every act necessary. requisite or proper
to be dOlle in connection therewith as eacb of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocatiOCl. and
all of the acts of said Attomey(s)-in-Flct, pursuant to these pnesents, are bereby ratitied and confumed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNfTY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA. effective as of Novembe< 1.2000:
RESOLVED, that the Chairman of tbe Board, lbe Presideot and Iny Vice President of the corporation be, and tho! each of them hereby is. authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations. bonds. undertakings and COCltracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations hs. and each of them hereby is, authorized to allest the execution of any such
Power of Attorney;
RESOLVED, FURTHER. thaI the signatures of such officers may be affixed to any sucb Power of Attorney or to any certiticate relaling thereto by
facsimile, and any sucb Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNfTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA blve severally caused
these presents to be signed by their respective Executive Vice President and Ittested by their respective Secretary this 1st day of December. 2005.
By ~ ~ ~)
David H. Rhodes, Executive Vice-President
Ak-~
,......~
.....;'i AND 'ot.....
l.::.~>-;pOii.*..'
. O;,c.,O ~."I:\
='" i OCT \':::..
:et:': 1.;..(:
!~i 10 in!
\~\ 1936 i~j
\~'~''''''OW~/~li/
..~ ....._~ ~""..."
........:!!.....,..;
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
]
On December I. 2005 before me, Gina L. Gwner, (here insen name and title of the offieer). personally appeared David H: Rhodes and Walter A. Crowel~
personally known to me (or proved to me on the basis of satisfactory evidencc) to be the person(s) whose name(s) Ware subscribed to the within instnllnent and
acknowledged to me that be/sbe/they executed the same in hislber/their authorized capacity(ies), and tbI1 by bisIber/tbeir signature(s) 011 the instrwnall the person(s),
or the entity upon l>ebalf of which the person(s) acted, executed the instrumcot.
Signature
Gna~~
f -=-;.- - - -~~~~. J
I.~=I
~ - - - - ,~~~-~~
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, ofDEVELOPERS SURETY AND INDEMNfTY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA.
does hereby cenify that the foregoing Power of AlIomey reJ113ins in full fmo.e and bas not been revoked, and fur1bennore,tbat the provisions of the resolutions of
the respective Boards of Directors of said corporatic.ls set fll>'1h in the: Puwer of Attorney, are in force as of the date of this Certificate.
This Cenilicate is executed in tbe City of Ir:ine, California, the 27TH day of
JANUARY
2006
By ~I--~
Alben Hillebrand, Assistant Secretary
~
InSCli!Jlco
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Sui1e 200 . Irvine, California 92614 . (949) 263-3300
www.lnscoDico.com
BOND NO. 7258755
$ 100.00
term of two
premium is for a
year(s).
MONUMENTA nON BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, RGS Development Group, Inc.
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Ohio-Pines Estates, Tract
Map 16547 ; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
.,
NOW, THEREFORE, we the subdivider as Principal, and the Indemnity Company of California, 17780 Fitch, Irvine,
CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of One Hundred Nine Thousand and 00/100
,($ 109,000.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the. positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STWULA TED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
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.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the ternlS of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on January 27, , 20 06
Principal
RGS Development Group, Inc.
Surety
Indemnity Company of California
6350 Calle Hermosa Ranc~nga, CA 91737
( ,
By: ~~7 ~~ /::21.."..>",
Robert Gonzalez, President
Attorney-In-Fact
10-1416 (CA) (7101)
STATE OF California }
.'IS
COUNTY OF San Bernardino
Oil 1/27/2006 , be};I/'e lIle, Janelle L. Miller, notary public
PERSONALLY APPEARED Cyndi Beilman
.
persollally klloll'lI /0 me (or prOl'ed to me 011 the basis orsari4acron'
el'idellce) to be the persoll(s) ,dIOse name(s) is/are subscribed 10 rhe
wirhill in.HrulIlent and ackllowledged 10 me that he/she/they execUled
the sallie in his/her/tlleirauthori:ed capacirY(ies). omit/lOr by his/her/their ~""~..~-"".~,...._,'"~....,. t
sigllature(s) all the instrumelltthe perSOIl(s), or rhe elltity "pOll behalf /"'~:a .IM:,'''..',.:-: I.. ~1"_, 6'
oflrhich the perSOIl(S) acted. execuTed the illstl'lI/llem. ~ ('--;'.~;~:~,-r~~~~:. CO;\r1?~. ~PG'l~;\G m
. -.~ ~Jl I: '~"7~'~ :2-~;.~ N~11i'Y P~I'.lllr.-Calj;'~mi.J Co?
UJ \j;;_'::_~~~/: ~:' n[Rft'~Ri)ji~O C~~il~n'( ::
WITNESS m)' hand alld official sea/. i c,,; :~.l::." .,'~ '...C~n:n. Exr. J:u;.:- :'5. ~~~1!) ~
"~-~~~~?'t-'''''';?'",~''''''~r.<1'~''F:''
)flt-Cd.c( J '
-' /
Silil/alllre ;;L Y:vZ-....t '.t-..-
This areotor Official Noraria! Sca!
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
o INDIVIDUAL ~/!Th')( )rn.; frl--U-tIOY7 '?vnd
B CORPORATE OFFICER
rr"'f,.,.j~.... r TITLE OF TYPE OF DOCUMENT
TITlEIS)
o PARTNER(S) o LIMITED 3
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: 1- d- J /O~
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME (',F PENSON,Sl o~ ENTTTY(\ESI -----.-...-.......
4~7 J, /P~s
SIGNER(S) OTHER THAN NAMED ABOVE ~J
1D-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Facl. to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakiDgs
and conlracts of suretyshiP giving and granting unto said Attorney(s)-in-Fact full power and autbority to do and to perform every act necessary, rcquiJite or proper
to be done in connection therewith as eacb of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Facl. pursuant to these presents, are hereby ratified and con/inned.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each oftbern bereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) narned in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts
of suretyship; and thattbe Secrelary or any Assistant Secrelary of the corporations "s. and each of them hereby is, authorized to attest the execution of any sucb
Power of Attorney;
RESOLVED, FURTHER, that the signalures of such officers may be allixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signalures shall be valid and binding upon the corporation when so affixed and in
the fulure with respect to any bond, undertaking or conlract of suretyship to which it is allaChed.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA bave severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
BY:~~~ )
/. /_A
By: t/\-bVfA ~
Walter A. Crowell. Secrelary
~...........
.;~, AND ,,t."...
.l~'" ....~~~..,
,~ /"o"I'OItt/.:,+' \
i,. A ." ~
.._I"'" "'- \~'!
E"'! OCT. ,~.
. ~ I 10 i.., i
\0.'\ 1936 lEi
~';j) . ""'~
\..,~..,1ow~/.';''li1
""""'0 .....-.... ~~ ~
'" * ~."
...............fI
David H. Rhodes, Executive Vice-President
STATE OF CALlFORN[A
]
COUNTY OF ORANGE
On December I, 2005 before me. Gina L Gamer, (here insert name and title of the officer), personally appeared David H.- Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory cvidence) to be tbe pcrson(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me thaI he/she/they executed the same in bWher/their authorized capacity(ies). and that by hislher/their signalure(s) on the inslrumeDt the penon(s),
or the entity upon :.chalf of which the person(s) acted, executed the instrument
Signalure
~.~~
f -..:..:. - - -~~~ - J
18 COUN..,_ I
Ht1Mi P\aIC CAI.II'OrNA
ORANGe OOUN'IY
~ - - - - .,~~-~~
W1TN ESS my band and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secrclary. ofDEVF.LOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Al10rney rcmsins in full force and has not been revoked, and furthermore, that the provisions of the resolutions of
the respective Boards of Directors of said corporatic'ls set fn:th in the Powcr of Attorney. are in force as of the dale of this Certificate.
This Certificate is executed in the City of Ir:ine, California, the 27TH day of
JANUARY
2006
By ~I-~
Albert Hillebrand, Assistant Secrelary
r;ORQ .. CERTIFICATE OF LIABILITY INSURANCE 1 D~~=~
l'tlODI ~A EDCOS INSURANCE SERVICES THIS CERTF1CATE 15 1S5U!D AS A M,i,TTI!Il OF IN'ORMATION
3375 IOWA AVE SUITE J ONLY AND CONFERS NO RIGHTS U"ON THE CER~lCATI;
~ TtfIS CERTlFlCATE DOES HelT AMEND, EXTEND 011
ALTER THE COVEIUGE AFFORDeD BY TH'1: POLICIES BELOW,
RIVERSIDE CA 92507
IE~=;2
P.O. BOX 1217
ALl A LOIIA, CA 91701
COY :AAG!S
m, 'OlICIES OF INSUIlAHCE LISTED BELOW HAIlE BEi" ISSUED TO THE INSURED NAMED ABOVI FOR THE POLICV PERIOD IHllICATEO, NO'TWlTHSTANDING
AN ~ REQUIREMENT, TEIlM OR CONOlTIClN OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CER'IIFICATI MAV BE ISliUID 011
Molt PERTA.... THE INSVRANCE ~ORDEO IV TI1E POllCI!S OESCRlIlEO HeRRlIS SVaJECT TO ALL THE TERMS, EXCLUSlCIf'1 ANO CONOmoNS OF SUCH
fI'Co JCl'ES. AGGtIIEGllTE lMT$ SHOWN MAY HAVE BE!'" tIIEOUCEO IT "AIO CLAIM&.
~ 1"tfO'''''_lICr 1'Ol.ICY_ 1~~1~8~J ~n
.IIEIIAl. U&IIlUTY I I I f A(;Io< QCCUAAli'l:l! I $
I X I COIIWellClAl GFi'lIillAl L~llTV I I I rlR! ~ ""r'" Jio'O) I:
"I I 1--' XI ''''''I _,"RD2 I _1200' I 4/271200I 1::'';:::;=
I GSIn AGGReCAn LNIT lIPPI-In ""M.I I,' ..~-. ~.'''1Of' I'IGG 'I:"
~ I~ I IlOCI II
AU~_LJTY I I 1~llNCil~I_1
I ALL OWHEIl AUTOS I IIIOOIL Y IN/URY
B X Sc><mUlW ALlTDS I I '1'.._
FCFICV1288&01..oZ 912912005 912912006
I I ==SAUTOS! I I I ::::'~E
I I 111'.-
~::""I I I ::;~~
-.J I I I AUTQONL"'~
p;:,;"m, I ,- _I I I I ::.'::-~'
J::;:~ s I I h
_OIlS COIIIPeIlSATION....O ,.~.r.:~i ,I IQ~~~'"
EIIP1.DYEIII' ~I,/T'f' II!.L EACH ACCl:~ ,
- ~ i i 1;;:::::=':
I . I I j
llU~Dl'_TIOHM.DCATlDN~l:L__BY_'IWnIP!QAL_
CERTIfiCATE HOLDER LISTED AS ADOmONAL INSURED
I
IINSUlIiAA. WESTEN HERITAGE INSURI'NCE
I ::::. UNITRIN SPECIAL TV
IINSURiA O.
IlNllftA !
INliURERS AfFORDING O:IYERAGE
2,000,000
1,000,000
1,000,_
1,000,000
100,000
5,000
"
I'
1$
1,000,000
. ACCIDENT ,
eAACC IS
AGG ,
Is
I:
I:
L
CE m'ICATI; HOlDeR
__AiD. ".UIWlLan.N,
CAHC!:LLATlON
erN Of SAN BERNARDINO
iIIIOUUlAItY OF TlI~ _IIUCI.IIIEQ P'OUCIQ.., :ANCEUlID .AlA! TlIE Elll'llII'TlON
IIATl_. THE ISSUING IHJURE" WLL ~1lU,1IR TII 11M. _3_~ DA.... ~
~ TO TIISep_lt MOt.IIM IIA11al 10 TII; LIII'T.IIUT fM.UlIE TO DO so 5MU
_IlK .0 aalGA~ 011 UAIIIUTY Of NfY _D T" ""UIIIll. ITII AOPf'S 011
,
300 NORTH D STREET
CH,N BERNARDINO
ACORD Z$-$11/17)
lM. 1.'W.., .. on ,rnlCJli. ,. 42 ~........,..,.
, CA 92418
WIllIliNTA
--
I.,," LPW.1 i . OIl tn7101. ,... "2 '" u..-H.mI
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and RGS Development Group Incorporated
hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract Map 16547; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prIor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utilitv 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
wr;tten statement signed by Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made all deposits legally required by such public utility corporation
for the connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the constmction 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 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.
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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 performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino 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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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Employer's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(I) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coyerage
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 eyent 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 form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones,
or the like, disabilities or impairments, including aggravation of
existing injuries, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/Iegal 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 property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
..
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, 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 .:my 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
SubdividerIDeveloper 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 Subdivider/Developer'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 fumished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any
of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance 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 if the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20.
Notices. All notices herein required shall be m writing, and delivered m
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b)
Notices required to be given to Subdivider shall be addressed as follows:
RGS Development Group Incorporated
6350 Calle Hermoso, Rancho Cucamonga, CA 91737
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
I/1$ <0
~ S' <-<--1 q, ,.., U"
c..... -
~ ~/.~ ./,., c
/?? eo
c- '-/
...J ?<. I ~
Z-C7 0
?,';LcL,
-.L,r VI'~
c--:'~ .
9cJG,/7
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
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benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
By: #~~~
- t/
11 JAMES F. PEt\TMAN,
City Attorney,
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By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF 5AIJ EOCJ.HiYAY:> )
On this 26 ~ day of .::JANtiI}-RY ,2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
ROec::;<T ~oN~ AND r.;tBoRA/-J t$ONztlt.E?
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
C{)~ President, and ~6~c~Y personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
P.RL?;5//:C)JT # S6:!.l!t3d}I!Y of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
~1u"L~&/I
J.8 SYLVIA "R. HOlK<- ~
.. Camm,' 1386594
(J) NOTARY PU811C.CAUFIIR1IIA (II
San Itrnlldiftl CllIIty ...
1-.. My (amm. E,pireSNtr.23.200i1
.
(This area for official seal.)
13
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InSCCi!Jlco
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 . Irvine, California 92614 . (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 725874S
$ 3,270.00
a term of two
premium is for
year(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, RGS Development Group, Inc. ,as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of the laws of the State of California and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the The City of
San Bernardino as Obligee, in the penal sum of One Hundred Nine Thousand and 00/100
($109,000.00 ) Dollars, for which payment, well and truly t;"be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as Ohio Pines Estates - Tract map 16547
, 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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in all things stand to and abide by, 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, it~ 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 penal sum 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 judgement 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 duly executed by the principal and surety above named, on January 27,
2006
PRINCIPAL: RGS Development Group, Inc.
6350 Calle Hermos~ucamonQa, CA 91737
~~~ ~ r'~f.~
Robert Gonzalez, President
SURETY: Indemnity Company of California
17 0 Fit(;1'i Ir{in~92614
~. rr~
Attorney-in-Fact
10.1092 (GA) Subdivision Pertormance Bond (REV. 1/01)
STA TE OF California
COUNTY OF San Bernardino
} SS
, hefore me, Janelle L. Miller, notary public
1/27/2006
-,-
PERSONALLY APPEARED Cyndi Beilman
On
personally kllOll'llto me (or p/"Ol'ed 10 me OIllhe hasis ofsalisjactory
evidence) 10 he the persoll(s) "o/lOse lIame(.~) islare suhscrihed 10 Ihe
H'ithin in<ll1lmellt alld ackllowledged 10 me Ihal hel~he/lhcy executed
Ihe same ill hislher/theira/l1hori~ed capacitv(ies). alld thaI by his/Iler/their
sigllamre(s) 011 the illstl1lmerU the persOIl(s), or the ellliry IIpOI/ hehalf
ofH'llich the perml/(s) acted. exeCll/ed the ins/n/mell1.
WITNESS my hand alld official seal.
Signatllre (/Jill tL/ie
I /
/
L/
r;L .r7t,-iL
OPTIONAL
r....:....~~~~ll.~-w.-----"~~t
. ,.-.'-. '0:::' :- !\" I '.
. <<'''''..''_''''., .'A~._c.L._ l. ,.'.~_.ER
"'.. /..' _.,..i~-'::;.~ CO:\!irn. #149<S':36 01
;n :r7.-:;~;~~--;:-::'~;~l NC't::lry Puhlic-California ~
L,'; \:', ";'"T;'~" ,-=,'l~_...l SAN oEntj,\?Uli-.iO COUiHY .....
1 ~~,:::t..;:;{~./i.1y Ct):nm. tXp. JUill? 25, 2005. [
.,;....-rt'-'{-'...Y'-."'~p.-i{".,,-~~-....4
This I/reajor Official NOlarial S,'al
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
f,i1 CORPORATE OFFiCER
/?- e."d.,......,;;
TITLE IS I
o PARTNER(S)
o LIMiTED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME (;~ PERSONjSJ OR ENTlTY\iES)
DESCRIPTION OF ATTACHED DOCUMENT
HAl frJYmOJ7 ex 1};yy)
TiTLE OF TYPE OF DOCUMENT
q
NUMBER OF PAGES
I-a-l-Ob
DATE OF DOCUMENT
, d~~'"7 ~~ J ~-u.J
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said COrponltions, as sureties, bonds, undertakings
and contracts of suretyship giving and granting Wlto said Attorney(s)-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper
to bc done in connection therewith as each of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them bereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on bebalf oflbe corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of thc corporations ~ and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any sucb Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, Wldertaking or contract of suretyship to which it is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day ofOceember, 2005.
By: ~~-)
Ak-~
"..,......H.'".
~..", 'i AND I;:~'#.
.t....~i,1. .................,.,.O~..#
..... ,'..pOI>, ...':....~
'<<I" 0" ''''),''"T.''
!",!v <"\~\
:.., ; OCT. , .<:
~~i 10 in!
\~\ 1936 !ji
.....:-.;--..,. lOW" ,/,.,ltl
",}~Q .............. ).... ~......
~", * ",......
.".........'"
David H. Rhodes, Executive Vice-President
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On Oceember I, 2005 before me, Gina L. Gamer, (bere insert name and title of the officer), personally appeared David H. Rhodes and Waller A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to be tbe person(s) whose narne(s) is/arc subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in hislher/their authorized capaeity(ies), and that by hislber/their signature(s) on the instrument the person(s),
or the entity upon :'ehalf of which the person(s) acted, executed the instrument.
Signature
Gna' c;( ~
i ::.:. - - -~~~~ - J
I.~=-I
~ - - - . .,~~.,~~~
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, ofDEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify tbat the foregoing Power of Attorney IXmains in full for~e and has not been revoked, and furthermore, that the provisions of the ",..,Iutions of
the respective Boards of Directors of said corporations set fn.-th in the Power "f Attorney, are in foree as of the date of this Certificate.
This Certificate is executed in the City of Ir:ine, California, t..~e 27TH day of
JANUARY
2006
By
Albert Hillebrand, Assistant Secretary
~/-~.
~
InscrmlCD
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Sune 200 . Irvine. California 92614 . (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 725874S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, RGS Development Group, Inc. , as Principal,
and Indemnity Company of California , a corporation organized and doing business
under and by virtue of the laws of the State of Califomia and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the The City of San Bernardino
as Obligee. in the penal sum of Fifty Four Thousand Five Hundred and 001
100 ($ 54,500.00 ) DOLLARS,
for which payment. well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these
presents. -
THE CONDITION OF THE OBLlGA TION IS SUCH THAT:
Whereas. the above-named Principal. has entered into an agreement which is made a part of this bond. with the City of San
Bernardino , State of California, as Obligee, for the designated public
improvements in the subdivision identified as Ohio Pines Estates - Tract Map 16547
, as required by the Government Code of California.
Whereas. under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and
sufficient payment bond with the City of San Bernardino 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 surety. are held firmly bound unto the The City of San Bernardino
and all contractors, subcontractors, laborers, materialmen and other persons
employcd in the performance of the aforesaid agreemenl and referred to in the aforesaid Code of Civil Procedure for material 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 penal sum hereinabove set forth. and also in case suit is brought upon this bond. will ray, in addition
to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by The CIty 0 San
Bernardino 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 judgement therein rendered.
It is hereby expre.~sly 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 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 January 27,
2006
PRINCIPAL: RGS Development Group, Inc.
6350 Ca~rm~: ~ucam~ CA 91737
,-/ r:::..<'L -? '"7 rr,.. s
Robert Gonzalez, President
10-1093 (GAl Subdivision Labor and Malerial Bond (REV. 1/01)
~: Indemnity Co, mpany of California
1 80 'Gh]CA926G eJ!
yMI B-y;;.n, '
Anorney-in-Fact
STA TE OF California }
SS
COUNTY OF San Bernardino
011 1/27/2006 . before me, Janelle L. Miller, notary public
PERSO^~LLYAPPEARED Cyndi Beilman
persallally known 10 me (or prO\'ed to me onlhe basis afsatisfactory
el'idencej to be Ihe person(.I) \i'hose Ilame(s) is/are su!Jscribed to the
wilhin instl1lmcnl alld acknowledged to me Ihat he/she/the)' execl/ted
lilt! same ill hi1lhedlheirallthori:,ed capacity(ies). and that by his/hedlheir
sigIlOlllre(s) 011 the illslrumellllhe penoll(s). or the ellliry I/pOIl behalf r.....~"""'..!lo.....r.'.W""t,.<<~:.~
ofllhich Ihe persallls) acted. execl/led the inSlrumelll. .....-:-- I 1:-' I - :\Jl' I ~
,." "'2\ _AI,=.__.o L , ..~_"R t
d E (;;-H:'.'~) NOI;~:;~;)~~:~;~;;rni" ~
WITNESS my hand l!/ld official seal. l~:~ \'-'.' .~ ~~/f ~.~~~ ~'SRN~f\O!NI) CQ.li~f~~ -
.~ "", _ "'.:';.1 ,.'J Comm. I:~p. JUi1~ 2~. "'uo.:..!
v..."t"4:~~:}J-'-""'':~":''''''.,.-;'''"",'';"''lj~~;''''P'Io''''''-' .
Signalllre ~l(.LLe~. .:L Y7l..b~
This areaFJr Official NOTarial Seal
, '
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL I o.rd UtA. -kr ~a t \ 1?hnJ
0"'CORPORATE OFFICER fJ.h1Y
'p-1 Pb.~.......r TITLE OF TYPE OF DOCUMENT
TITLE IS)
D PARTNER(S) D LIMITED 3
D GENERAL
D ATTORNEY-IN-FACT NUMBER OF PAGES
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER: I - d- ;-0(;
DATE OF DOCUMENT
SIGNER IS REPRESENTING;
NAME OF PERSON(S} OR Ef\T1"ITYIlESl />~ ~7
~
SIGNER(S) OTHER THAN NAMED ABOVE
10.1232 (REV. 5/01)
AL~PURPOSEACKNOWLEDGEMENT
POWER OF ATIORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, tbat except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do eacb, bereby make, constitute and appoint
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on bebalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Allorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Dircctors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corponllion be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifYing the attorney( s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations t>;.. and each of them hereby is, authorized to allest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto hy
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation wben so affixed and in
the future with respect 10 any bond, undcrtaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
lbese presents to be signed by their respective Executive Vice President and attested by lbeir respective Secretary this I st day of December, 2005.
c-\ ~)
By: \....--) ..::;~
~,,,,,,...,,,,.,
....~; ANO I~":-'"
.....# d<C; .......-. "() ~"4.
~~ ,::,....,..'.~p OIl.4"~ '"
i"l~O ...~V#,\
Sto: ""- \~i
=Il<i OCT. ,....:
.:1 10 ,<'):
\~\ 1936 !~!
\"'.... ....li i
.....,.~ "',1ow~ ~"...../i..~
"'f'#.,() ............... "'t-~f'i!..
",..... * 1"""'1'
.",........"'"
David H. Rhodes, Executive Vice-President
~~
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1,2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and WaIter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumeot and
acknowledged to me that be/she/they executed lbe same in hislher/their authorized capacity(ies), and that by bislher/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the pcrson(s) acted, executed the instrument.
Signature
~./~
f-~----;~~~-i
I.~~I
~ _ _ _ _ ~~~~_~~t
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Socrctary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify tbattbe foregoing Power of Attorney remains in full for~e and bas not been revoked, and furthennore, that the provisions of the rcsolutious of
the respective Boards of Directors of said eorpomtious set f",th in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Ir:ine, California, the 27TH day of
JANUARY
2006
By
Albert Hillebrand, Assistant Secretary
~I-~
'U'~
InseemlCD
~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Fitch. Suite 200 . Irvine. Califomla 92614' (949) 263-3300
MAINTENANCE BOND
BOND NO.: 7258745
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, RGS Development Group. Inc.
and Indemnity Company of California
and by virtue of the laws of the State of California
business in the State of California, as Surety, are held and firmly bound unto
The City of San Bernardino
, as Principal,
, a corporation organized and doing business under
and duly licensed to conduct surety
as Obligee, in the sum of Twenty Seven Thousand Two Hundred Fifty and 00/100
($ 27,250.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Construction and completion of improvements, Ohio Pines Estates - Tract Map 16547
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final accepta!.)..ce of said improvements;
NOW, THEREFORE, if the above Principal shall indemnity the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this 27th
day of January
2006
YEAR
indl!IDQity Company of California
Principal I ('\ ~
6350 Calle Hermoso Rancho Cucamonga, CA 91737 ~ _ -!A J \ . . ()
;', ~.,.;. ~-:- - - ,- ~ '"
~~ ~ J~~r~s,
Robert Gonzalez. President
Attorney-in-Fact
RGS Development Group, Inc.
BY:
ID-1201 (GA) (One Year Term)(REV. 3/01)
STATEOF California
} 5S
COUl'iTY OF San Bernardino
On
1/27/2006
. hefore me. Janelle L. Miller. notary public
PERSONALLY APPEARED Cyndi Beilman
personally known to me (or proved 10 lIIe on The ho.ris orwTi.~foclOr)'
evidence) 10 be The person(s) whose name(s) is/are subscribed 10 Ihe
wilhin in.\'/11mlenl and acknOldedged 10 me 1/1lI1 helshellhey execlI1ed
Ihe same in his/her/lheirml1hori:ed cal'aCil\'(in). and Ihol b.y his/her/lheir
signatl/re(s) all the illstrumelll the persoll(s). or Ihe ellTiT)' 1/1'011 helUlIf
of\\'hich the pers(iI/(s) acted, execl/Ted The insTrUlllent.
WITNESS 111)' hand mId official seal.
~~~~~-__~~.~",;;~t
1 '-.......,~<. JAN....,._=- L ~......,," [:
""'" .1;' .~~"1~5::._ CO;\i1M. #149~.l:;G rn
(..; ;;-/~..:>~_;.h;~: NOt1ry ?ut)l!c.C:;I:i~i!lia (.')
LU \'.\;; ,,,;'z.:~7"i SttJ B=r.NARDIiIO CQU:ITY =
) ,'...../., ~ ~. J 2' "r." ...
.... ; . k'.~ hI;.' \...omnl. I,.;.o~p. un~ ij, il;.}v p
"":,,,-~.~~;.;:~~p::-~~rv,+
(M7,//,//,
Signalltre ~;//_ -t I.. ~--<-.z.
//
1./
-/ ~1 Jc
~;/ '-1.-'L.{L____..__
This ar('a/or Official Nowrial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
~ORPORATE OFF'C~R
/".......-u- 5 ,t-W... "..
TITLEtS)
."
I--~a i n.f-ulQ) 1 ce_ ---Bond
TITLE OF TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
3
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
l-dlV0
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
I
/....-~
/// ~~ ~ /?G 5
/" r-~;? --., "o........s
I\Af,AE OF PERSON{SJ OR ~NT1TYiIESI
SIGNER(S) OTHER THAN NAMED ABOVE
ID.1232 iREV 5'01)
AL~PURPOSEACKNOWLEDGEMENT
POWER OF AITORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on bebalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to eacb of said corporations full power of substitution and revocation, and
all of the acts of said Attorncy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorncy is grantcd and is signed by facsimile under and by authority of the following resolutions adopted by tbe respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED,that the Chairman of the Board, the President and any Vice President of the corporation be, and thai each of them hereby is, authorized to
execute Powers of Attorney, qualifYing the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations ~ and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation wben so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA bave severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
BY:C~~ )
David H. Rhndes, Executive Vice-President
",.....u.........,#.
~",\:'\'( AND I~ """
.......~~ ........-.... :o~~..''\
I~..,..o?-'OR..,;.~,+. ~
i",!v <"\~\
:"": OCT. ;....,
~~~ 10 ing
\~\ 1936 i~.
':.\)>.... ."l) i
\..,.~....,10W~.~~ i'
''''",U .......-.. ~<i'"...'..
'*..,f'..~.I'.,",.
BY:~~
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December I, 2005 before me, Gina L. Gamer. (here insen name and title of the officer). personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis ofsatisfaclory evidcnce) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me Ibat helsbe/they executed the same in hislberltheir authorized eapaeity(ies), and that by hislherltheir signature(s) on the instrument the pcrson(s),
or the entity upon :'ehalfofwhich the person(s) acted, executed the instrument
Signature
rflna' c;( ~
f~---~~L~-J
18 CClWI..'_' I
NOTAfIV PU8UC CAUFOANlA
CIRANlIe OOUNI'Y
~ - - - - .,~~.,.-~~
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, ofDEVF.LOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
docs hereby cenify tbal the foregoing Power of Attorney rcmail1E in full force and has nol been revoked, and funbennore, that the provisions of the resolutions of
the respective Boards of Directors of said corporatic.lS set f,,-th in the Puweref Attorney, are in force as of the date of Ibis Certificate.
This Cenificate is executed in the City of !r:inc, California. the 27TH day of
JANUARY
2006
By
Alben Hillebrand, Assistant Secretary
~~~
1f'~
Insc@JII:O
~~
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Fitch, Suite 200' Irvine, Califomia 92614' (949) 263-3300
www.lnscoDiCO.com
BOND NO. 725875S
$ 100.00
term of two
premium is for a
year(s).
MONUMENTA TION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, RGS Development Group, Inc.
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Ohio-Pines Estates, Tract
Map 16547 ; and WHEREAS, all monuments have not yet been set in the positions noted in
the proposed Final Subdivision Map for said subdivision,
...
NOW, THEREFORE, we the subdivider as Principal, and the Indemnity Company of California, 17780 Fitch, Irvine,
CA 92614
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of San Bernardino
in the sum of One Hundred Nine Thousand and 00/100
,($ 109,000.00 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
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.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the ternlS of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on January 27, , 20 06
Principal
RGS Development Group, Inc.
Surety
Indemnity Company of California
6350 Calle Hermoso Ranc!Jo-C~a, CA 91737
A (
By: ~- /..~"'7 -------;? /'2APJ.
Robert Gonzalez. President
Attorney-In-Fact
10-1416 (GA) (7/01)
STATE OF California }
SS.
COUND' OF San Bernardino
UIl 1/27/2006 , before 11Ie, Janelle L. Miller. notary public
PERSON.4LLYAPPfARED Cyndi Beilman
per.\'ollll/lv k/1oH'/1/o me (or pro\'ed /0 11Ie oil/he basis ofsati,jac/orr
e.idmce) 10 be Ihe persoll(.\) H'hose Ilame(si is/are subscribed 10 Ihe
1\llhill instrll//1ellt alld ackllowledged 10 me that he/she/they excel/led
the same ill his/herlliIeirallthori:ed C(ll'llciry(ies), waf that by his/her/their .........""""~......,..""-'....-'..,...-\d.....~ "1
sigllaTllre(s) 011 the illsln11llelltthe persoll(s). or the elltil)' /lpOIl behalf i <.::-.~ 'A~''''''~ I "",. c';'
ofl\'hich the pasoll!s) acted. execurcd the iIlSlru11Iell/. 5; i$r-)r:;{:;} r:~l;~~~~,~:.'.j:~~:~r";: ~
..- w \i2.~ 0ff;::J: Sf;' n[(Wj~RiJij~O C;';-;I:HY =
WITNESS my hOlld alld official seal. ~ '~,:'..j:..#'" ;:1~ I-o~:l:-n.l:;{r. J:.!.,€' n. :!~~!G f"
~-\t"'~.cr-r"""~~~""'i'''''~~'''rt
Sigllatllre ~ItLf!-t{ ::L )1~,,-l/!~-
This arealor Official Notar;a! Sea!
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL f---I CrY) () mp /rl-- a-tlury7 :P:uncl
B CORPORATE OFFICER
?r""f""J~~ /" TITLE OF TYPE OF DOCUMENT
TITlEjSI
o PARTNER(S) o LIMITED 3
o GENERAL
o ATIORNEY.IN.FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: I-dl/Or::-,
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME CF PERSON/Si OR ENTITY(IESJ 4~~-,
/?~S
SIGNER(S) OTHER THAN NAMED ABOVE ~J
10-1232 (REV. 5/01)
AL~PURPOSEACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, conslitute and appoint
***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally***
as their true and lawful Attorney(s)-in-Fael. to make, execute, deliver and acknowledge, for and on behalfofsaid corporations, as sureties, bonds, undertakings
and contracls of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and 10 perform every ael necessary, requisite or proper
to be done in cOMection therewith as each of said corporalions could do, bul reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Fact, pursuant 10 these presenls, arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board ofDircclors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as ofNovembcr I, 2000:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) narned in the Powers of Attorney 10 execute, on behalf oflbe corporations, bonds, undertakings and contracls
of suretyship; and Ihat the Secretary or any Assistant Secretary of Ihe corporations b.lio and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be amxed to any such Power of Attorney or 10 any certifieale relating therelo by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future wilh respect to any bond, undertaking or contract of suretyship to which it is artached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presenls to be signed by their respective Execulive Vice President and attesled by their respective Secretary this 1st day of December, 2005.
By: c-~ ~3 ~)
~~
............",."
~....';"i. AND 11t,:~II#.
.:-....~t. ........-...... :t>~~,.~
.~,;:; ." "PO...~..'"..,..
i"'_"vO .....)'<"\~\
='" i OCT ,'::"..
:cr: 1.:,-':
E~! 10 !C')E
\~\ 1936 j~j
\~""" IOW~ ....',.,"1>/
""~;'!() .....................of. ~......."
i1P",..... * .....,~
""ff.lln.""
David H. Rhodes. Executive Vice-President
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1,2005 before me, Gina L. Gamer. (here insert name and title of the omcer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to bc the pcrson(s) whose narne(s) is/are subscrihed 10 the wilhin instrument and
acknowledged to me that he/she/they executed Ihe same in hislher/their authorized capaeity(ies), and thaI by histher/their signaturc(s) on the instrumenl the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Signature
6ma' / ~
(::..:.. - - -~.;,.~~ . J
I.~e:-.I
~ - - - - .,~~.,,-~~
WITNESS my hand and official seal.
(SEAL)
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify thaI tbe foregoing Power of Attorney rem.illS in full force and bas not been revoked, and furthermore, that the provisions oflbe resolutions of
the respective Boards of Directors of said corporatie'ls set f,,:'.h in the:. Puwcr of Attorney. are in force as of tbe dale of this Certificate.
This Certificate is executed in the City of Ir;;"e, California, the 2 7TH day of
JANUARY
2006
By
Albert Hillebrand, Assistant Secretary
~I-~
r;0EH2,. CERTIFICATE OF LIABILITY INSURANCE .=1 D~~~;~
l'tIODI CEil EDCOS INSURANCE SERVICES THIS CERTIFICATE IS ISSUI!D A& A M,!,TTER OF INfORMATION
33751OW'A AVE SUITE J ONlY AND CONFERS NO RIGHTS U"ON TH& CERTIflICATE
... ... HOI..DeR. THIS CERllFlCATE DOES NClT AMEND, EXTI!ND OR
ALTER THE COVERAGE AFFORDl!D BY Tlf!' POUClES liB-OW.
RIVERSIDE CA 92507 .
(951) 222-2702 I IN&URER5 AfFORDING O:lVERAGE
IINSUlliIlA. WESTEN HERITAGE INSUR,'NCE
I INSlA!1I II UNI'TRIN SPECIAL TV'
'''SUAI!II C'
IINSUllkR D.
IlNSIJIleIl f
wSulll!>
ROEIERT GONZALEZ
RG!: DEVELOPMENT
P.O. BOX 1217
ALl A LOMA, CA 91701
COY .AAGES
THI, "OlICIES OF INSURANCE LISTED BELOW HAVE BEliN ISSUED TO TkE INSURED NAMED A80YI FOR THE POLICy "ERIOD INlllCATEO. NOTWlTHSTANDIHG
AN ~ REQUlREIolEHT. TEIW OR CONOITION OF AJfY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER'IIFICAl1i MAY BE ISSUED OR
WI PERTAIN. THE INSURANCE AF'ORDED BY TliE POllC1l!S DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXClUSl()!j:1 AND CONDmoNS OF SUCH
fOC. JClES. AGGREGATE lM'TS SHOWN MAY HAVE BE!'" REDUCED IV "AID ClMll6.
~ ftPEOFII<SIIftANCE ___ I ~~ 1~1~1 . LaI,n
lHlIEIIAl. UAIIlLITY I I II Ac:t< OCCURRIi . cc: $
I X I C~eRCIAl GliNERAlL\I\lllLlTY I I fIRE IlAWGE 11\.,.... lifO) I'
. I C~6""DE I X, OCCVR I I I ""DtxPIMy""_J I
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I GENl!IlAI.AGORiGATE S
I GEN'l AGG~!CA1'k = "';P1.I\!S ~", , I' P~'-. ~'IPIOP AGO ,. ~
~ IJECT ILOC 1_ I
AUi:=108LJTY I I I I ~C:~.IIlG; E I .orl I-
I AlL OWNED AUTOS I I eOO1L Y INJUAY I S
B I X ==;'06 I FCFICV1288&01..oZ I 9129/2005 I 912912006 I =- IS
. I NO....OWNEOI\UTOS ,. I I I =~'~E S
I ~~
~UAJIlnv I I lWTOD:".!:.'I::.~:ACClDEIlT S
IUIY AUTO I onlER THAI, I!A "CC S
L _I I I I AUTDOM."'~. AGG S
1!ll~:~C:81Lml I ClAll\IS ,...oE I I I I ~;:::~:oC' I :
_I ~:~:;;~E $ I I I h' . ;
=,,=~~TIOUIID I ~L_=~~:~NT ~-i,
I I I I EL ~~~~E.'I'''''P1.~~~;-
.. _ I E.L OISEAIE - ,:OLICY LIlo8T S
OTHER I I
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CERTIFICATE HOLDER LISTED AS ADOmONAL INSURED
2,000,000
1,000,000
1,000,000
1,000,000
100,000
5,000
1,000,000
CE. ml'lCATE HOLDE"
--.u.lNIUR&D; ""UlWllETnIl,
CANCELLATION
crrv OF SAN BERNARDINO
llHOVLIl ."'01' TH! MOV1' DUalIIED POUC& I.' :AN<:eUIID IHllAfTHE Dr_YlON
III\T'I THI!ll2lII'. TItE ISIUING INSUllE" WI.&. ~1l(A.OR TO __ _3_~ DAYS WNTTDI
IIOTlCI! 1'0 TII'CElIT1l'ICATt NOLDER "AIleD TO Tl1! LBT.IIUT ,""'UII& TallO so 5llAU
_IlK NO oaJGA11ON OR LWIlUTY 01' ....... "liD -r.. ....UUR. 1T1I..ll&H'TS OR
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;l ACoRD COAPORA TION 1 "'
1'F>1,O.1
300 NORTH D STREET
Ml'1II!1(1fT.
AII1MlllIlQI
'Jlil, BERNARDINO
CA 92418
ACORD Z5-S (1/17)
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
Meeting Date (Date AdoPt:/, ~ - ~7 r 00 Item #
Vote: Ayes Nays
Change to motion to amend original documents D
RESOLUTION AGENDA ITEM TRACKING FORM
I~
Resolution #
/J, MY b - 3 c:?---'
Absent ~ .7
Abstain
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: D
PUBLISH D
Note on Resolution of attachme?t stored separately: D
POST D
RECORD W/COVNTY D
By:
:;.--1(810
')'<),/010
Date of Clerk/CDC Signature: d r ~r ~J.
Date Sent to Mayor:
Date of Mayor's Signature:
Reso. Log Updated: .6
Seal Impressed: E1 /
Reso. # on Staff Report IT
Date MemolLetter Sen,t for Signature:
1" Reminder Letter Sent:
Date Returned:
2'" Reminder Letter Sent:
Not Returned: D
/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes
Yes
Yes
Yes
Yes
NOr- By_
No By_
Nol By_
No ~y_
No_ By_
Copies Distributed to:
Animal Control D EDA D
City Administrator ~ Facilities D
City Attorney Finance D
Code Compliance D' Fire Department D
Development Services ~V Human Resources D
Others:
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Notes:
/
Ready to File: V
D.. 11Jt
Revised 12/18/03