HomeMy WebLinkAbout31-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File No: 11.03; TR 14604
Subject: Resolution approving Standard Form of
Agreement for Subdivision Tract No. 14604
located at the northeast corner of Ohio and
Magnolia A venues with KB Home Greater
Los Angeles Inc., with time of performance
specified, and authorizing release of Richard
L. Elder and Kevin R. Elder from terms of
Standard Form of Agreement for Subdivision
Tract No. 14604 as approved by Resolution
No. 2003-129, dated June 16, 2003.
From: James Funk, Director
Dept: Development Services
Date: September 13, 2005
MCC Date: October 3, 2005
ORIGINAL
Synopsis of Previous Council Action:
6/16/03
Resolution No. 2003-129 was adopted approving an agreement with Richard L. Elder and Kevin
R. Elder for Subdivision Tract No. 14604, located at the northeast corner of Ohio and Magnolia
A venues, accepting the dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improvements in said subdivision, with time for performance
soecified.
Recommended Motion:
Adopt Resolution.
~11W4 f:JL
James Funk
Contact Person:
T ,ynn Parker Senior Civil Fnp'ineer
Phone: ') 11 0
Supporting data attached:
Staff Report, Agreement, Reso & Map
Ward:
5
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Acct. No.) N/A
(Acct. Description) N/A
Pj~. )cCS- 3~0
Finance:
Council Notes:
Agenda
#31
}O /11 / D'S
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Standard Form of Agreement for Subdivision Tract No. 14604 located at
the northeast corner of Ohio and Magnolia A venues with KB Home Greater Los Angeles Inc.,
with time of performance specified, and authorizing release of Richard L. Elder and Kevin R.
Elder from terms of Standard Form of Agreement for Subdivision Tract No. 14604 as
approved by Resolution No. 2003-129, dated June 16, 2003.
Back2round:
On June 16, 2003, Resolution No. 2003-129 was adopted approving an agreement with Richard
L. Elder and Kevin R. Elder for Subdivision Tract No. 14604, located at the northeast corner of
Ohio and Magnolia Avenues, accepting the dedications as set forth on said map; and authorizing
execution of the standard form of agreement for the improvements in said subdivision, with
time for performance specified.
Richard L. Elder and Kevin R. Elder have submitted a letter (copy attached) requesting that
Richard L. Elder and Kevin R. Elder be released of obligations under terms of the Standard
Form of Agreement for Subdivision Tract No. 14604 and that Richard L. Elder and Kevin R.
Elder's bonds be released. In exchange, KB Home Greater Los Angeles Inc. has agreed to
enter into a Standard Form of Agreement for Subdivision Tract No. 14604 and post bonds to
guarantee compliance with terms and conditions of the Agreement.
Attached is the Standard Form of Agreement for Subdivision Tract No. 14604 executed by KB
Home Greater Los Angeles Inc., including the required faithful performance bond, labor and
materials bond, monument bond and the certificate of insurance, naming the City of San
Bernardino as additional insured for the project. The bonds meet the requirements of the
Development Code.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
2
i :~:?nns 5:25 P\l
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RFBOLUTION NO. ~ (()) fV
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 14604 LOCATED AT THE NORTHEAST CORNER OF
OHIO AND MAGNOLIA AVENUES WITH KB HOME GREATER LOS ANGELES
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF RICHARD L. ELDER AND KEVIN R. ELDER FROM TERMS OF
STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 14604 AS
APPROVED BY RESOLUTION NO. 2003-129, DATED JUNE 16, 2003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
KB Home Greater Los Angeles Inc., for improvements in Subdivision Tract No. 14604 as
are required by Title 19 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is specified at 24 months. Said
improvements are specifically described and shown on Drawings approved and on tile in the
office of Development Services of the City of San Bernardino.
SECTION 2. Standard Form of Agreement for Subdivision Tract No. 14604 as
approved by Resolution No. 2003-129 dated June 16,2003 with Richard L. Elder and Kevin
R. Elder is hereby cancelled by mutual consent of the City and Richard L. Elder and Kevin R.
Elder
-=Ir~ 3/
Jojn)f)S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 14604 LOCATED AT THE NORTHEAST CORNER OF
OHIO AND MAGNOLIA A VENUES WITH KB HOME GREATER LOS ANGELES
INC., WITH TIME OF PERFORMANCE SPECIFIED, AND AUTHORIZING
RELEASE OF RICHARD L. ELDER AND KEVIN R. ELDER FROM TERMS OF
STANDARD FORM OF AGREEMENT FOR SUBDIVISION TRACT NO. 14604 AS
APPROVED BY RESOLUTION NO. 2003-129, DATED JUNE 16, 2003.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 3. This Resolution is rescinded, if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
III
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 14604...
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
, 2005, by the following vote, to wit:
the _ day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
day of
The foregoing resolution is hereby approved this
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City A,ttorney
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
20_, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation,
hereinafter referred to as "City," and KB HOME Greater Los Angeles Inc., 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 14604; 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.
1
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 by Engineer. All of said work is to be done
at.the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and
Specifications therefor, heretofore approved by City Engineer and which are now on file in his
office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and 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.
2
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
S~bdivider 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 bv Subdivider. Subdivider shall give personal superintendence
to the work on said improvement, or have a competent foreman or superintendent, satisfactory to
the City Engineer on the work at all times during progress, with authority to act for Subdivider.
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
3
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.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph, and
4
such insurance shall have been approved by City Attorney as to form, amount and carrier, nor
shall Subdivider allow any contractor or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the contractor or subcontractor shall have been
so obtained and approved. All requirements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
(a) Worker's Compensation InsurancelEmployer'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
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
5
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 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
6
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 ofInsurance. 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 in coverage of any policy during
the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and
shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and character
including, but not limited to, the amounts of judgments, penalties, interests, court costs,
attorney's/legal fees, and all other expenses incurred by the City arising in favor on any party,
7
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,
o~ficers, 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
acceptance by City, or by deposit with City by Subdivider, or any of the insurance
policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has prepared, supplied or approved of Plans
and/or Specifications for the subdivision, or regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such
8
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 SubdividerIDeveloper's performance hereunder.
14. Title to Improvements. Title to, and ownership of, all improvements constructed
hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such
improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year after
final acceptance of the work performed under this Agreement, any structure or part of any
structure furnished and/or installed or constructed, or caused to be installed or constructed by
Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements
o( 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 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
9
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 it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same to
completion, by contract or by any other method City may deem advisable, for the account and at
the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or
damages occasioned City thereby; and, in such event, City, without liability for so doing, may
take possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the work and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in person or
10
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:
KB HOME Greater Los Angeles Inc. - Forward Planning Dept.
801 Corporate Center Drive, Suite 201
Pomona, CA 91768
(c) Notices required to be given to surety of Subdivider shall be addressed as follows:
Aon Risk Services Inc.
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
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 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:
JAMES F, PENMAN,
City Attorney,
(~ .J
By: \ . \.., ~ -1, jCVIY,,-t--.
/, "
I
.",/
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me. Sheri McInturff. Notary Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity. and that by her signature on the instrument the person. or
entity upon behalf of which the person acted. executed the instrument.
WITNESS my hand and official seal.
~!!:~
I.-~~:,-f
I Notary PublIc . CaIIlomIa f
lell AngeIeI COW1lV -
_ _ _ ~~:..~_~2~~
BOND NO.: 024022760
PREMIUM: $3,531.00
FAITHFUL PERFORMANCE BOND
SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of Seven Hundred Six
. Thousand One Hundred and 001100 Dollars ($706,100.00), lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly by
these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Subdivision Agreement with said Obligee, dated , in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Water, Storm Drainage, and Roadway Improvements
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and
obligations of said agreement on its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
Signed and sealed on August 29, 2005
KB HOME Greater Los Angeles Inc.
a I . po ration
Liberty Mutual Insurance Company
By
--
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me. Sheri McInturff, Notary Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity. and that by her signature on the instrument the person, or
entity upon behalf of which the person acted. executed the instrument.
WITNESS my hand and official seal. ~ ~ ~
la- :=...~;:,- f I Sheri McInturff
I 0 Notary PublIc . CaHfomla ~
j- - - ~~~-~~
CALIFORNIA ,ALL--PURPOSE ACKN0WLEIDGMENT
State of California
County of Los Angeles
On August 29, 2005 before me, Martha A. Gonzales, Notarv Public,
personally appeared Joyce Herrin personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person( s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
/' ?'
~. _1 ~/J
. / (.;Z({ /."-- (C '-'F1/u-.{~
Martha A. Gonzales /' .
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1791916
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
E.S. ALBRECHT, JR., C.K. NAKAMURA, USA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR,
KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OFTHE CITY OF LOS ANGELES, STATE CALIFORNIA
...............................................................................................................................................................................................
~
jj
,
:l.
~
, .
dl
a!
~ I:
.;E
; ~
Jel
) Q)
5':
Cll
~~
. l"
!
.\
:"0
l !!
. ...
;'0
)!
: Cll
0'"
1_
nUl
141
~G;
.-
1.5
:0;
.-
lea
....
1>-
:U
II:
'41
.::
':I
:U
. each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute. seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRED MILLION AND 001100/................... DOLLARS ($ 100.000.000.00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys-in-fact. subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
On this ~ day of AUGust , ~ , before me, a Notary Public, personally came Garnet W Elliott. to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
TEO~~' '. "
IN STIM NY W~~~U]jilWl tle.rllunto subscnbed my narne and affIxed my notanal seal at Plymouth Meetln9, PennsylvanIa, on the day and year
firstabovewrittenl/:!:Q;~.:)~-;,OM'Ie'(;<~) IcOMMONWE~:~~NNSYLVAN'AI ~. /J -I- ~I
\ 0= ! ,....."""'o'la.NO'.1.'..P."""" I By ~ ~
.~ / 1 Pt:f"iU.iL"l 1"1';'., Mxr~nury C:.Vtt'f L .
\.':~.._ . ,~~'o/ / i My Cw..,."""",, iX>ir... Mar. :!e. 2OC9 J T er..sa Pastella, Notary Public
CERTIFICATE ~~-:c'? '''..to'. P,,,..,'''"'. .,,"",,"'. 01 """ri..
I, the undersigned. Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and r do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
>.
Cll
'0
III
III
41
I:
Ii
:I
~
>-
I:
III
_I:
-0
rI...
>00
eW
Ee
8a.
CC~
-"
0'"
...'0
ee
Jill
OE
a.Cll
~g
- "
_01
Oe
~:
'O!
'ill
_0
,c'"
_C'iI
eCP
...C'iI
-(I)
-CD
50
u...
o~
......
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make. execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of Auaust
2005
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Bye - ..4- ,w _ U4"-56I:-
Garnet W. Elliott, Assistant Secretary
.oSTIMONY WHEREOF, I h~ve hereunto subscribed my name and affixed the corporate seal of the said company, this
August . 00; ~
/,jf~;\,\ .
'.' ,J;' By ,
'~~::;/ Davi M. Carey, Ass~cretary
29th
day of
BOND NO.: 024022760
PREMIUM: Included in the
Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of Three Hundred Fifty Three
Thousand Fifty and 00/100 Dollars ($353,050.00), lawful money of the United States, for the payment
of which sum weH and truly to be made, we bind ourselves jointly and severaHy, firmly by these
presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Subdivision Agreement with said Obligee, dated , in which said
Principal agrees to construct improvements in Subdivision known as foHows:
Tract 14604 Belmont at Magnolia Heights
Water, Storm Drainage, and Roadway Improvements
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
~ompletion of said improvements.
NOW, THEREFORE, if the said Principal or any contractor or subcontractor fails to pay for any
materials, provisions, or rented equipment used in, upon, or for or about the construction of the public
improvements or performance of the work to be done, or for any work or labor done of any kind, in or
on such improvements, said Surety will pay the same in an amount not exceeding the sum set forth
above and, in addition, the Surety agrees to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
This bond shaH inure to the benefit of the contractor, his subcontractors, and to persons renting
equipment or furnishing labor or materials to them for the improvements.
Signed and sealed on August 298, 2005.
By
] ,~
:it -71,
... [_.[ '( {j'//,'1U.: '_'
~6yct; errin, Attorney-in-Fact
/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30, 2005 before me, Sheri McInturff. Notary Public.
personally appeared Stacey Sassaman, personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the person acted. executed the instrument.
WITNESS my hand and official seal.
~cl~~~
t_ :~~2;\
t "':.'~~ d
_ _ _ ~~:..~_~2~2
CALIFORNIA:,ALL~PURP{)SE'ACKNC>WL.:6DGMENT
' '.' .' - " -", . '.' ',," '. . ,-.: " ".'~'., '.. .' , . . ,.
State of California
County of Los Angeles
On August 29, 2005 before me, Martha A. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/She/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
, (<)
~11 ....y
" i" f /? __, ,~:r ~
/" . ,.'t. -/ ,.-L,.. ..,~. . . /.~
M';~ha A.Gonzal~~~j
r-'
I
i
!
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND_
This Power 01 Attorney limits the acts 01 those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1791917
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
E.S, ALBRECHT, JR., C.K. NAKAMURA, USA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C, SPECTOR,
KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OFTHE CITY OF LOS ANGELES, STATE CALIFORNIA
...............................................................................................................................................................................................
~
'iij
o
a.
QI
'tl.
~III
cQI
11l.!!
..aC
..... f!
'-111
'tl:J
eCl
UQI
-:J
0-
...111
QI>
I ::: iij
I ,.. ~
,
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRED MilLION AND 001100'................... DOLLARS ($ 100.000.000.00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary 01 the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations,
iij
u
>-
QI
C
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of l5
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of Auaust :::
~ <
-
o
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
.. <II
0...
:-....
'lio
; c,!
CI1l
0'"
QI..
I ClIII
.I1IQl
! en....
t:.!!
, c
0._
E 0
QI
... ..
0111
-...
'tl>
::u
!~5i
..::
iO~
Zu
LIBERTY MUTUAL INSURANCE COMPANY
On this ~ day of Auaust , .1QQ5. , before me, a Notary Public, personally came Gamet W, Elliott. to me known, and acknowledged
that he is an Assistant Secretary of liberty Mutual Insurance Company; that he knows the seal of said corporation: and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
,.,--;:- f' '1'~,
IN TESTIMONY WH~FU:.o,. ... lYe h~l'llunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
firstabovewritten./ 0r'~~~)'\y" "(~\
I f::i ~\~ ~..~. 'y \J [cc>."'.c"Wt~~=~NNSI\."AN"l tIi:'- ,f) -I-- ~ I
'\' G" I r.......!',"'""'-NC""'.."'bic I By ~ ~
'.-q ~,.'VP.~..:'>~"VC0U~; T L PIP bl
\~) "W' ,'.\yCcmt"'''''';;'''-''fi'oMJ<;?l; .:oc" , ertosa astel a, Notary U IC
~~~Yl~~f>/ ~1ll,)n~f{.;,:..'aA'H.C...l',MI_"0.."lO~::.....,
CERTIFICATE '.'IF;> , p\\'>,::/
, "",-
I, the undersigned, Assistant secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company,
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 19BO.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
...
QI
~
o
Q.
III
:E
..
-'
o
>-
..
:2,
iij
>-
QI(
.c'
.. ,
e'
...'
,-(
'E'
o(
U.
0'
1-.
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
BY~ 4 b./. ~.
Garnet W. Elliott, Assistant Secretary
IJ TESTIMONY WHEREOF~ have hereunto subscribed my name and affixed the corporate seal of the said company, thiS
A,",st ,005 . ~
By ,
Davi M. Carey, Ass~cretary
29th
day of
Liberty Mutual Surety Bond Number 024022760
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
LIberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premiUm attributable to any bond coverage for "acts of terrorism" as defined
. in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
1l/15/04
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
\
State of California
County of Los Angeles
On August 30, 2005 before me. Sheri McInturff. Notary Public.
personally appeared Stacey Sassaman. personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity. and that by her signature on the instrument the person. or
entity upon behalf of which the person acted. executed the instrument.
("'\
WITNESS my hand and official seal. ~ 'rt&.~
'J@~ - - - - ;.,,-; ;C,:rU;FF - - r I Sheri McInturff .
- COllVTlilllon# 1598123 r
I Notary Publlc . California f
J lei Angeles COlIIIV -
1_ _ _ ~~:..~_~2~2~
,
\
Liberty Mutual Surety Bond Number 024023100
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11/15/04
BOND NO.: 024023099
PREMIUM: $989.00
FAITHFUL PERFORMANCE BOND
SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., a
California corporation., as Principal, and Liberty Mutual Insurance Company, as Surety, are held
and firmly bound unto City of San Bernardino, as Obligee, in the sum of One Hundred Ninety Seven
Thousand Eight Hundred Two and 00/100 Dollars ($197,802.00), lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly
by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Subdivision Agreement with said Obligee, dated , in which said
Principal agrees to construct improvements in Subdivision known as follows:
Tract 14604 Belmont at Magnolia Heights
Grading Improvement
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and
obligations of said agreement on its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
Signed and sealed on August 29, 2005
KB HOME Greater Los Angeles Inc.
a lacqrporation
SSAMAN
( DIRECTOR-FORWARD PLANNING
Liberty Mutual Insurance Compal'Y
By
r.l )L-
errin, Attorney-in-Fact
'/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 30. 2005 before me, Sheri McInturff, Notary Public,
personally appeared Stacey Sassaman, personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person. or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and olTlelal seal. ~ ~ cfdct~
1._ ~~= I 'Sheri Mclnturff
,---~~~-~~
ClXLIFORNIA.ALL2.PORPOSE"AcKN@WLElJ.GM'ENT
,.,'". .- -. '" '. .
State of California
County of Los Angeles
On August 29, 2005 before me, Martha A. Gonzales, Notary Public I
personally appeared Joyce Herrin personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person( s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/She/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
'. ,
~
c/
, . .1 ~
'?'. I'/.(<~
~art'~;~: G';~z~les' "
~"'''' -' ~.....
.
.,.:...._l
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein. and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1791915
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON. MASSACHUSETTS
POWER OF ATTORNEY
I<NOW ALL PERSONS BY THESE PRESENTS: That liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
E.S, ALBRECHT, JR., C.K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR,
KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OFTHE CITY OF LOS ANGELES, STATE CALIFORNIA
...............................................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attomey-in-factto make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRED MILLION AND 00/100..................... DOLLARS ($ 100.000.000.00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact
On this ~ day of AUQust , ~ , before me, a Notary Public, personally came Garnet W Elliott, to me known, and acknowledged
that he is an Assistant Secretary of liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
i Power of Attorney and affixed the corporate seal of liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
III
~ IN TESTIMONY WH~ 9F}h~.h{lreunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
u first above written./;" ""~-';;:0N';:;:' (;( .~
~ 4.t .o~' "'/(-'J~ COMMt)/NJEALTHO.PENNSfLvMI'A A--.. d
... !-... ~ , _s.JJ~ ClI.' , I/-I-~I
:; I 0;:: I! r",..._ ~"""':::7::~.~. I By ~ ~
(.) \" , F1yq'..'.Ur."I'f"N.jM:A~!(.:-.z;;:', L .
CERTIFICATE \ "'~~~,~~/ j"')::J~;::::::::::::~:'~i:~"} Ter..sa Pastella, Notary Public
.-
I, the undersigned, Assistant ee'retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
iii
Gl
Gl
-
C
.f!!
III
:l
CI
Gl
:l
iii
>
~
i
'iii
Gl
...
...
'0
Gl
-
III
....
-
IUI
Gl
,'"
Gl
-
.S
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of AUQust
2005
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
ss
ByD 4 6./. .ca-~
Garnet W. Elliott, Assistant Secretary
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1 geo.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, where'Jllr appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
.STIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 29th
An,n<< ,nQ' By ,/J. ~ 4
Da~~ tfs~t Secretary
day of
Liberty Mutual Surety Bond Number 024023099
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the 'Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; LIberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business Is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the 'Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11/15/04
~~/~ 1'4~~~ !~:~~
::1tl::1tltl':llQl
f'\J:) Mt..Jf\'tt;. J.f'L.~U
"""""l..X. tJ.t.
CERTIFICATE OF INSURANCE Do\TI (UMIllOIYV)
AGell.. 8f3(lI2OO5
pl'OOUClR mSCl!InIFICI<TlIS IS&UI!OM "w.llIA at 1NF00000TlOII ONl.Y "ND CONFERS NO RIGHTS
1\I:1n RIIk s._s. tnc. 01 Saul""'" C.....N'4a UPON THI! CERllI'lCAT!: HOI.DlR. TIll CiII'l'I'\C.\TE DOH NOT ""!IIlD. ElCTi/'ID OIlAlTIII
1101 toWn StrMt 3ld FIl>Clr THE CO\IEIVoOE "wQllD!ll1l'l' 11tE POLIClliS "'OW
....ilI.. CA 926'.
T.I No. I~) lIOI:6300 INSURERS AFFORDING coveRAGE
..""EO -.-fllA; Old RIIl\AlliC ..... Co. of 00tenlIbu1lll. PA
K8 Hornf Grwaler l.os .....1eI, IIlCO (Eul) _lilli,
801 Corpcnle CentIr OrNe. sa. 201
Pomona. CA 91781 ~C:
~u: Amanc.n tlomll AlIlIIIInoI CDmpany
--I; .
~'_. '.>.::" ~'.~':;.:..::..' ::"./ ".':"'::." :~<:/:\.i::.;..t"""""""':""" ",.-,.-' ,. '''''OJ.. L'J
:: .'_ .~.. ',.,.. ,0' ::'::)"'~.\.,,, :: ......, '-.- -,:~::"'., .~' . "~'~. ".... '.:,.:. :' >:,~ .,~:~t(:~r~:~-:?;;:~rl:::' '. "r"~,:,:,'.;,::~::' ~;"".~~~;'!:~>.:- ....c
THE POLICES OF IN&UIIAIICI! USTED Kl.OW HA.VE IEl/lIUUl!D TO THlINSURED ~ ABove FOII1llI POUCY PEllIOO INDICATED, NQ1WTHSTANDIIG
AW'lItI!Ol1IRIiU8IT. TERM OR CDNDlTIOII Of NN CClNTRACT 011 OTHER DOCUlIllEIIT WIlli ......I!CT TO WHICH TtIIS CERTIFICATE MAY lIE I$SU&D OR lotI.Y
PeltTAIN. THIi INSURANCE. "FFOIlIIIID IlY TIE POlCES DE&CReID H!REIN IS SVIJI!CT TO "LL lIfE T!1IM6. gcWlIlONS. AND CQNDmoII& 01' SUCH
POI.lCtlS. ~ LIMITS StKlWN MAY ",,\IE II!I!N IlliDUCI!O 11'I' I'''lD~.
co TYPI! OF ,"$UAANCI! POlICY N\MI!II =~ ~1C'f' I!'W'IIIAltON LIMITS
L_ ...TO-
A -"L~ MN%YS6555 1131J2005 11/3012005 _ DCC\lIIIlDCI! . 1.000._
Rl_"'_L_llT rill! llOIWIC l'"'J ON -, .
0 I.J.......- [ilI........-..
~ '.Uloo.000 _gc'CA"I'-"'_ $
0 PEIIlIll*L' f>l1oI NUn' S
-~~ S 1.000.000
atM1. ACMB:AU l,J"" MlflUfI M!II: I'IIODUCTS- \lOOoIP1llI' NIO . 11DOO.COG
r;!l- 0'-' D"oc
___..-..n COMIIN!D _ UWlT
0....- ~- .
CI AlL_.uroa IOOL VINJUl<Y S
o ItMIOIUD """'" lI'..~-1
o~""" -.VlNJUllY S
o NO."OWND~I.I1'Q. t"_
0 PIlOI'IIlYY DAIlI\Gf .
0 ("-I
GAMe( &.Mal" I\III'D OOIL' - CA ACClDfiWT S
8-"'''' OlItlR,"AN III Ace .
n AUTO OfIL Y 00<l S
fED'~ !ACH oceURIi5NC5 .
OocNl U CIAI4~ ...01; AeGMllATI $
0.............. $
0-..._ $
S
_U'__AIjfJ 't'YC 12881138 (eA) 8/3112006 8131/2008 hit ~~ u- .' . "..::;r.i-."
0 ......ottAS. ~ .1.... "
THI!~ [(IINCL we 1281839 (AOS) u, EACH "ee_T I 1.lIlICl._
"'1moCIl1IIXB:l1TM E.L 11I_ -III EMl'LD'fEE I 1.000._
Of__ n D<C~ E.L DOllAR -POLICY IJIoIIT . 1.000.000
OTHER
D!SCllPfION OF OPERATIONSA.OCA TlON!WEHlCtEllltUTRlCmNSSP!CIAL ITEMS KS_,G""'....LAI 4112
lie: T..cl148ll'1
./~~~@~;~';":' ".;: .' ';~::~" ~Ii. : ".':~A..CEE\ltioJl9N~~...,.l.~~~. : ....... i"i;l~ ;v:,I,:":~~:Tf;::i':;,'-~
.. ':'~" ........,."."... __.' . .. ..,~ . ."t"~jr..... .__~~;!l:i,:.:~il~,:' ,,'" "~r.,1...,,.... , , ,,,..~
CIty DI s.n hmMIIl10 f . ,. !IHClUlD AN\' 01' Tl4E AIIClYE 1l__0 ,00ICES K CAHCIUAD ..'OM TliE f""....TIDN DATI
I MIII1IdpIil CorpaoatIcIn .:.,1' _~. f14E _ C\IIII'AN'f WI.L INllEAWR TO......A.. DAYS WNrTIN IIOT1CE TO 1l1t
":'. ceJITIf1C41l! lIOlIlER _ TO TI4ll'HT.1UT ,...._ TO _ _ NOTa UW&. _100
300 North "I)'" !It_ : _TlOIt llIl LlA8LIl"I Of "'" ~"D U'ON TIIIi COIolP....., '" ~ O~ ~f__NT..'Tl1IIS.
s.n Bernardino CA 124'8.0001 , "UTHOIm:!1l REI'IUlSENT" nYE &u,~ "1; j fJp;~
,
,,,
'r~1I.sM'" '" ....}i<: ,.<.t.'.' ",',,; 'ft :~~t~'~:':., .,,,:,;j~>;':;};'~" ;~;'~.\'II~!~ ;' r:,,~i';?~\o:'l}tt~~ .;: "'I;,~~~':~~l,'!l:f,~~JUl'CI)(t~"t
~. ".' ,,',. .,'A!.:!:~;~l,<,,~. .'_ -:"" " ,:.'~:'.'l"...
V~/~O/L~V~ L~;~V
KD f""II...H"1I J.1~'4U
=n::J';1tn:J"J.J.4J.
POUCY NUMElI!R: IIIW2nIIII
COMMEPlCIAL GENERAL LfABlUTY
THIS EM>ORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifift Insurn:e prOYicled undeI' \he tolowing:
COMMERCIAL GENERAL LIABlUTY COVERAGE PART
NIIM of P.....n or OrganlZllllon:
CIly of SlII1 Bernlrdino
. MUllidpal eo........tiut ,
300 NortIl .0" Street
S8n Bernll'dlno CA 92418.0001
G~NI LAltl4192
Re: Re: Tract 14604
(If no entry appe_ __, lnfonnItIon ~ tD compIefJI thiS encIofs8rHnt wll .,. shown in the
DeoIar.eiona.. Ippllcabla tv thla ~1Mnt.J
WHO IS AN INSURED (Sec1ion ") Ia _Ided Ia Include .. '" Inalftd the penlM or orpnizatlonlhown in
the ScNcIUIe. but lillI, ~ rnpeet tv 1II111llty MIaIng out of "your work" fur that 'MUm! by or for you.
Such Insu_ .. is IIfforded by the Ganer8l UablIIty policy is prtmary IMUftIll:I and no other InSlmlne.
oIlhe ackIItIol1lllnsured win be 1;..... \IPOII to c:onIrIbue. to I Ioaa.
Carrier:
~ InlUrwd:
pone, No.:
PoIlIly firm:
Old Republ;C Ins. Co. of G...n&burg, P"
KB _ Greet., Las "".. IfIC. (E"!)
arN2Y56555
8/3112005 to 1113012OO5
CG2010118S
Copy~l>>hl, 1,...._ Senile.. 0flklI. In.., 1 u.I
,..~ 0'"
UJ' JU'~UU~ ~~.~u
-'u-'uu~....&......
DATI~VI
AC.... CERTIFICATE OF PROPERTY INSURANCE 91301"2005
PlIOOUC5II 'M& CEIlTI'ICATE IS ISSUED AS A MATT!Il Of INFOIlMATION ONLY
AND CONFfIll NO lUGmS UPON THE CERTlI'lCA TE HOLDE!\. T1l\$
Aon RiaIc Serva., Inc. lJf soulhern CalifOrnia CEI'lTFICATE DOli NOT AMlND, EXTENO OR Al.T!l'I 'THE COVERAGE
11101 MH\ 51_. 3td F1Ilar AFFOllD!O BY THI POLICIES ."OW.
Irvlne, CA 8211. CO_MIES AffORDING COYfRAGE
'Tel NO. (949) eoa-&:!CO COW'AN'l'
A I.loylh fA London
IN$UIlElI COM'''NY
I
KI HarM G......r Lot MgOIeI, ~ (I!al) C_NY
eol ~e C.._ DrMl. Sle. 201 C
PeInona. CA 1111.' CllMl""1IY
D
COVIIlA8E$
nUll IS TO CUTIFY THAT TIll Plll.1CIElI 01' I_I LJI'TID III.OW *VE IlIIN .....ED TO TMI -- _III AIOVI ro~ TIll I'OlJC:V ...-
_lED. lIO_sr_1 "'" ~. _ 011 __ OF "", COIITUCf O~ 01HIIl DClCUIIUIT WITH llIWECT TO _If TIll
CIEIIT1FlCATE IIIA'I . IUU8l OllIlAY I'ElITAIN. T" IIlSUlIANlS AWll_ ~ THE fOl.K;IIS IlUGIIlPD MlIIDIIS Il/&lECT TO .ou Till TIIDIS.
EXCLUSIONS ~ COIIDITlllNl 01' IUCtI POLIClIS. UIIIITS IMDWR MAY MAVE _ ~ID ft MID _IIIL
CO TYPl 0' MUlWtC! POUCY N_~ POLICY I!I'Hl:T1\Il ~'1~TION COVlJW) I'IIOPfIlTY UMlT5
LT~ OAT! tMM/DD/Y"t1 DAn I_ODI'I'fl
A I!'-I ...........,..rv 0 Il.ILIllNG I
W80505:M1 tI1l2OClS 3/112007
CAU5'S ~ LOSS 0 PERI -..TV ,
0 IAIIIC 0 IlUSIMUS INCOME .
0 8AOA0 0 !XYlIA &lCPVlS' .
~ SPECIAL 0 Ill.ANKET IUlIJ)lNG .
0 EAIITHCUAKE 0 "",NlCtT ~ ,ftOl' ,
0 FlOOD ~ IlLANICET ILDG .. lIP . '.000,000
[] 0 .
0 0 I
o INUHD WI...... 0 .
TY~ OF I'OUCY 0 ,
u .
CAvsn Of' LOSS U ,
o _0 PIIIIlS 0 ,
. fJ OTHl!ft 0 ,
0 c- O .
TY'E OF roucy 0 .
0 .
0 BOLlA .. MAC"_V U I
0 .
0 O~~
lOCATlOtO Of' _~ 01 P!lO'El!TY ICI I 170
'T..1:l14~
1Ats'"",,__-
Sl'iO.... CONOIT1ONIiIO~ COVEIlAGE;
OEllUCllBLU: 14DP~. RililllnC. ~Dftlonll: S, aDl<. AO' 0IhIt PlODII\)': $25K, S_ w.,.,: _1* _./$1.5 Ml. ..o.l\IIg.. 11Ilhqu....' ft W\TouseaK
NO., IOSL. ~ R_'" "DCJl(, EasL. 0IMr~ _, Flood (Zone B1C): sa-. F_lZaM A~ 1% VATOUS2501C ""ft., ~ Houtlon .-... F_:
2140 VAfOUS,DCJl( noIn.
CERTlfl,"A TE HOLDER . CANCEI1ATlON r.c.p!,o clIp..o.c."""",,-9IY~'nl :
. ,..'
StcItllO ANY OF T>4E AllOY! DESCA-'> P'OlICl& iii CANCIUEO IEfOIl5 TH'
Cily of Sin 8elNrdInD ~A~ DATI! n8IiOF. THI d$UlNCl ~ WIll !IlllIA\/OII TD /MIL
. Muni_ corporation ~ DAYS WIlITl!N NOTa TO TIll CEllTflCAn HllUlI!Il ~ TO TIt
LEFT, IlUT 'AllUIIE TO MOIL IlUCH NOllCl SMAU. IMI'ClGE NO OIlIOATKlN 011
300 North "0" St~e' UABlI.IT'f OF ANY IINO ~ 1111 aJlWANY. ITS AGENTSP;' llEPIlI!SliNTATM!I.
SIn Bernardino CA 92418-ooot jlUTItO_D IIIPRIIUITA'IM! (1u~} f/AJ,d;
ACOIlD 24 (11951
. "CORD CORPORATION 1995
.~.~I .JUI ",UU,J J..... ~u
~U;.JUULJ."''''~
r'.., ,_"_ ...,__.....
,~ U,J
POUCY NUMBERS: WBOS05246
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS PAYABLE PROVISIONS
This endorsement modifies In'NfanCC provided uncler !he followin&:
BUILDING AND PERSONAL PROPEllTY COVERAGE FORM
BUILDERS' RISK COVERAGE FORM
CONDOMINIUM ASSOCIATION COVERAGE FORM
CONDOMINIUM COMMERCIAL UNIT-oWJlffiflS COVERAGB FORM
STANDARD PROPERTY POLICY
SCHEDULE
Prllm BIdC Dewiptlon of Property
. No. . No.
Lo" Payee (Name" Adchss)
Provisions Applicable
loss Lender's Loa conlYKt of
Payable Payable Sale
XXXX
R.8: T'lICt ,_ CitJ 01 S.. Bor.aIlllIM
e M_lclpal c."........
JOI NortlI MD" Strait
Sa. .......... CA 92411-0101
A. When 1his endorsemelll illlt~cd to the
STANDARD PROPERTY POLICY CP 00 99 \be
lIlm1 Covenae Part in this CIldonement is rapllced
by the Icrm Policy.
The lbllowint is mded to die LOSS PAYMENT Lon
Condition. as indicated In the Oeclarations or by an ..X'" in
lbe Schedule:
B. LOSS PAYABLE
For Covered Property in which belll)'Oll and I LoIS
peyee shown In 1bc Schedule or in the I>cclamiont
have an inaw'lblc Interest, we will:
I. AdjusC losses with YOU; MId
Cl' 12 .107 II
~I.IC, ISOCo_bt IllskSCIYica, tK.. 1913. 19l7
,.., .n
~J/~~/~UU~ ~~.~u
JU..l'UUL.&..&......
2. Pay any daim for los. or damage )011111)' to you
lIIId the Loss Pa~, IS interests mayappell.
C. UNDER'S LOSS PAYABLE
I. The Los, Payee showlI in the ScIIeduII or in the
Oeclltlbonslsa c:mIitor (includlq alllOJ1PlC
holder or 1ruJIIn) with whom you bne tIItcred a
conlraCI for 1hc lAic OfCDVercd Property, w~
interest ill that Covered Propcny is establi.hed
by IIICb llllitten CDl\tncts as;
.. WartllDuse receipts;
b. A ~nvacl for deed;
c. Bills of Iadln&; or
d. Financing ItIl(IlIMnts.
2. For CDvered Property in wbich both you and a
LDSS Payee have III irmIrable illl_lIt;
a. We will PlIY for coverccllop or clamllle to
r:acII LoIS P2yee in IIIcIr order Df
precedence. IS inlcrcsbllIIIIY appear.
t>. The Lost Payee bu the riplto receive Joss
payment even if the Loss p.yr:e hu SWled
foreclosure 01' similar IlICtlon on the Covered
PrDperty.
c If _ deny )'VIII" cIlIim because of)'Olll' acts
Dr because you have fliled to comply with
lhe lCnns Df the Cove....e Part. die Lon
PlY" will still ban the righl to receive IDSS
payment ifrhe Loss Payee:
(1) Pays any pralliwn due under this
CDverlIp Part It our request If you haw
failed to dD 50;
(2) Submits a sianed, swom proof of loss
within 60 days after receiving nDtice
from us of your failure to do 10; and
(3) Has notified us Df any chaDge In
ownership, occupancy or substanlial
change in r~k IcnoWII to lhe Loss Plyee.
All ofthc II!mII aflhi, Coverap Part will
then IlIPIy directly to the I,os, Payee.
d. If we pay the Loss Payer: for any loss or
dill'll. and deny ~ymanllo you beau. of
yoIII' at:l$ or becau,e )10\1 have failed 10
comply with the terms of this coverage Part:
(I) The Lose Pay.... riJhf$ will be
tran&fr:rrr:ci to 111 to the extent or the
amollllt we plY; and
(2) 111e Loss Payee's rlPls to recover the
6111 amount of tile LoM Payee's claim
will nOI be im\llired.
"U I......w~ ...,'L,,....'UJ
r-~ uo
At our option, _ may ~y tD lhe Loss
Payee the whole principII DIIlbe dehl
plUl my accrued irlwest In Ibis event,
you will "Y yoUr remainill& debt to us.
3. If we Wl'el this policy, _ wll\ ,ive wtittco
"t'lica to !he Loss Payee lit \eat:
a. 10 clays before tile efl'ectlvc dati: of
cancellation ifwc CIIIce' for your non.
paymetll of pmnium; or
b. 30 days beforc the effective date of
_lIaDen If _ cancel for illY Dther
reuan.
4. If we do not renew tbis policy, we will live
written notice to die Loti Payee It IeIS1 10 clays
before die expiration elite of this policy.
o CONTRACT OF SALE
I. The Loss ~ shown in the Schedule or in the
Decllrlti~ it a person or organizadon you
have enlen:d a eOllD'Dct with for the sale of
Covered Property.
2. For Coveted Property in which both yoIII and tbe
loA Pay.c have an insurable ill.lawst we will:
a. Adjust losses with )'Uu; Bnd
b. Pay an)' claim for loss or damage jointly to
you IIId the toss PayeD, liS iltterests may
appear.
3. The followina is added to dsr: OTHER
INSURANCE Condition:
For CoYerr:d ProperlY tIlal i. tile subject ora
COIllrlICt for sale, the won! ~yaAJM includes the
Loss Payee.
CP 1211 0111
Copyrtthl.1S0C~lliIk~.....,11IC..1913.1917
J'IAl:2of'2
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
--
M"ting Dolo (Dnto A!J'd)J (Y n ' C S
Vote: Ayes Nays
Change to motion to amend original documents 0
31 J ~~ ?J5t7
Resolution # . 0 0 ~ .
Item #
Abstain Absent
Companion Resolutions
NulI/Void After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
~Dr
Reso. Log Updated:
Seal Impressed: ri ...//"/
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
/'
Yes
Yes
NOr... By__
No By _
NoL By~
No~..By_
NO~BY_
Yes
Yes
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Finance
o
o
o
o
o
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
o
~/
EDA
Facilities
Others:
Fire Department
Notes:
\ //
Ready to File: ~
'f/-)~' {'K
Date: I
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 25, 2005
TO:
Lynn Parker, Senior Civil Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution No. 2005-356
At the Mayor and Common Council meeting of October 17, 2005, the City of San Bernardino
adopted Resolution No. 2005-356 - Resolution approving standard form of agreement for
Subdivision Tract No. 14604 located at the northeast corner of Ohio and Magnolia Avenues with
KB Home Greater Los Angeles, Inc., with time of performance specified, and authorizing release
of Richard L. Elder and Kevin R. Elder from terms of standard form of agreement for
Subdivision Tract No. 14604 as approved by Resolution No. 2003-129, dated June 16, 2003.
Attached are a copy of Resolution No. 2005-356 and three (3) fully executed original
agreements.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Please sign and return
Date: