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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. 16496
located at the northwest comer of
Bronson Street and Portola Avenue.
Dept: Development Services
Date: February 14, 2006
File No.: TR No. 16496
MCC Date: March 6, 2006
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt resolution.
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Contact person: Lynn Parker, Sr. Civil Engineer
Phone:
Ext. SllO
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 6
FUNDING REQUIREMENTS:
Amount: None
Source: (Ace!. No.)
(Acct. Description)
Finance:
Council Notes: ;;. Of) b - ftJ?
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Agenda Item No. / J...
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tentative Tract Map No. 16496 located at the northwest
corner of Bronson Street and Portola Avenue.
Background:
On September 8, 2004, the Planning Commission approved Tentative Tract No. 16496 to
divide approximately 4.3 acres into 14 single-family lots with minimum lot sizes of 7,200
square feet (Subdivision No. 03-16).
The developer, RC Partners, LLC, 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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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16496,
LOCA TED AT THE NORTHWEST CORNER OF BRONSON STREET AND PORTOLA
4 AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE DISTRICT,
5 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
6 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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8 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. 16496,
located at the northwest comer of Bronson Street and Portola Avenue in the RS, Residential
12 Suburban land use district, together with the provisions for their design and improvement, is
13 consistent with the General Plan of the City of San Bernardino.
14 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
15 City to execute the standard form Subdivision Improvement Agreement with RC Partners, LLC,
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attached hereto as Exhibit A, for the improvements in said Tract Map as are required by Title 19
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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
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20 shown on Drawings approved and on file in the office of Development Services of the City of
21 San Bernardino.
22 SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
23 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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 16496,
4 LOCATED AT THE NORTHWEST CORNER OF BRONSON STREET AND PORTOLA
A VENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE DISTRICT,
5 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
6 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
7 SPECIFIED.
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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
11 as set forth in this Resolution.
12 SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
13 it within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
16496, LOCATED AT THE NORTHWEST CORNER OF BRONSON STREET AND
3 PORTOLA A VENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE DISTRICT,
4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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8 Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof,
, 2006, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
City Clerk
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25 Approved as to
form and legal content:
The foregoing resolution is hereby approved this
day of
,2006.
Patrick J. Morris, Mayor
City of San Bernardino
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JAMES F. PENMAN,
27 City Attorney
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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 RC Partners, LLC hereinafter referred to as
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"Subdivider."
RECIT ALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled Tract I\-Iap 16496; 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
constmction 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 Oftice of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, Of some thereof, on condition that Subdivider first enter into and execute this
Agreement with tht: City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions d the
Subdivision Map Act of the State of Cali fomi a 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 by Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, a!l 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 b'l 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 perfonned as security for the guarantee
and walTanty 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 fornl 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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II. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to fonn, 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
c am er.
(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 Propertv 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 perfonning 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 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
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account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard fonn 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 (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider( s).
(4) Personal Iniury - Defined. As used herein, the term "personal inj ury"
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 Hannless/lndemnification. 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 hannless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/legal fees, and all other expenses incurred by the City arising in favor 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 perfonnance by its officers, employees, agents) from
the tenns of this Agreement, whether such operationslincidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the SubdividerlDeveloper 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 ham1lcss 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 any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's!Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to 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, withina period of one year
after final acceptance of the work perfonned under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation 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 pem1it 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
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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 In writing, and delivered in
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
RC Partners, LLC
517 South Myrtle Avenue, Suite 201, Monrovia, CA 91016
(c) Notices required to be given to surety of Subdivider sha1l be addressed as
follows: .:r N S<-o \)~ L-O
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Provided that any party or the surety may change such address by notice in writing to the
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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
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
BY~
JAMES F. PENMAN,
City Attorney,
/
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BY:k2.,-,-.,- t.. I {~
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By:
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I\lSTRUCTIO).'S
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
LOS ANGELt;;.;,
C
On this ---L!.~~_ day of . i .c" .' , 200\_ before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
, ,J
1.:,_,-, -', ./ J ';":""::-d~ :1:. :.),": '.,. ."-, _____
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and "/;1 personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
/":-" ..', , ..,.~ of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official sea!.
RON W. BABCOCK, NOTARY PU5L1C
~---'-~'-'-'"
1::----:,:~.:-- -~:----.---- \
Notary Signature
(This area for official sea!.)
r:~~,,,.QIo;(,,,"'" ~::....A.... f ":I
~-r:..;.!~~' . :""'\.. r'
A:"'....~ RI...iN W. BA8",OCK
'J' ...,( . ~:~ C..,..., 111~50" 4 .s-
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t- {;"'.>#' :",J.; ,
U :~~\}. .'?"". N01ARY PL'8uC . CA~IFc:qNjA l--
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rc ~." JI.' ;';" L0, AI,Gms COIJNTY l:Q
f ~. "" rAv ComiTI Expires Apr S, 20061
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13
EXECUTED IN THREE ORIGINAL PARTS
'ij~
InSC:@JIC:o
@1.~@[1JJ~
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
BOND NO, 731302S
$ 2,240,00
a term of TWO
prcmium is for
, year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY TIlESE PRESENTS:
That we. RC PARTNERS, LLC, a california limited liability company , as Principal,
and DEVELOPERS SURETY AND INDEMNITY COMPANY, a corporation organized and doing business undcr and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of CalifornIa
as Surety, are held and firmly bound unto
CITY OF SAN BERNARDINO
as Obligee. in the sum of ONE HUNDRED SIXTY THOUSAND AND NO/l00
($ 160,000,00 ) 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 OBLlGATION IS SUCH TI IAT:
WHEREAS, the above named Principal, as a condition of the tiling of the final subdivision map of (Tract/Parcel) Map No,
16496 entered into an agreement or agreements with said Obligee to eomplete the improvements specified in
said agreement or agreements.
NO\\' THEREFORE, the condition of this obligation is such, that If the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the OblIgee with or without
notice to the Surety, tillS obligation shall be void, otherwise it shall remam in full force and effect.
II' WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the eorporate seal and the name of the said
Surety is hercto affixed and attested by its duly authorized Attorney-in-Fact at 425 W, BROADWAY GLENDALE,
California, this 9TH
day of FEBRUARY
2006
YEAR
"PRINCIPAL"
"SURETY"
RC PARTNERS, LLC, a california limited liability company
DEVELOPERS SURETY AND INDEMNITY COMPANY
10-1266 (eA) (REV 1/011
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES
On FEB 9 - Z006 , before me, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of the officer), personally appeared CASSIE .T BERRISFORD.
ATTORNEY IN FACT
personally known to me (dq!l16Q!aniiV~lflW~~.liJH~~) 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 hislher/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.
Signatur~ CZ- (/~(SEAL) '{i
...... DEBRA K. BELL .
11 Commission # 1430084
( . Notary Public - Callrornia ~
..J LOS ANGELES County.
~ My Comm EXPnIJUL 30, 2007 I .
, r '-
TIlls area lor OJ/ictal NulL/riol 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
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUM'ENT
TITLe\S)
o PARH,ER(S) D LIMITED .
D GENERAL
lXl ATTORNEY.IN.FACT NUMBER OF PAGES
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER
------
. DA TE OF DOCUMENT
.. - ---_..~- ---_._,--~._------- --... - -----
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTiTY(IES\
-- ----_.__._-_._~---- .'-- - - --'~-"---------'- ~------------~ --_._------_._-~
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV 12/051
AL~PURPOSEACKNOWLEDGEMENT
?IXJ~
InSC:~:IIC:O
@i}~@~~
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 731302S
BOND NO.
PREM[UM [NCLUDED
[N PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That wc, RC PARTNERS, LLC, a california limited liability company , as Principal,
and DEI1E'LCYPER-S-SURETTANO'lNlJcMNII Y COMPAN) a corporation organizcd and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in thc State of California
as Surcty, are held and firmly bound unto
CITY OF SAN BERNRDINO
as Obligee, in thc sum of EIGHTY THOUSAND AND NO/100
($ tlU,UUU.UU ) Dollars, for which payment,
well and truly to be madc, wc bind oursclvcs, our heirs, cxecutors and successors, Jointly and severally firmly by thesc prescnts.
THE CONDlTlON OF THE OBLIGATION IS SUCH THAT
WHEREAS, thc abovc namcd Pnncipal, has entered into an agrcemcnt or agreemcnts which arc made a part of this bond, with thc
CITY OF SAN BERNARDINO
as Obligee for the improvements in the
subdIvision designated as (Tract/Parcel) Map No. 16496
by the Government Code of California.
_, as required
NOW THEREFORE, the conditIon of this obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors. or to pcrsons renting cquipment or furnishmg labor and matcnals to them for the improvement required by Said
agreemcnt or agrcemcnts, thc Surety on this bond will pay the same, in an amount not cxceeding the sum spectficd in thiS bond.
This bond is cxecuted and filcd to comply with Section 66499 through and including Section 66499.10 of the Governmcnt Code
of California as Improvcment security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnIshing labor or materials to them for the improvement Notice of extension of time for completion is waived
by the Surcty
IN WIT1"ESS WHEREOF, the seal and signaturc of said Princi'pal is hereto affixed and the corporatc seal and the name ofthc said
Surety is hercto affixcd and attested by its duly authorized Attorney-in-Fact at 425 W. BROADWAY GLENDALE,
Califorma, thiS 9TH
day of FEBRUARY
2006
YEAR
"PRINCIPAL"
"SURETY"
RC PARTNERS, LLC a california limited liability company
DEVELOPERS SURETY AND INDEMNITY COMPANY
10-1265 (eA) (REV 1(01)
STATE OF
CALIFORNIA
]
COUNTY OF LOS ANGELES
FEB 9 - 2006
On - ,before me, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of the officer), personally appeared r: ASS T E J R ERR T S FO R]) .
ATTORNEY TN FAr:T
personally known to me (dlJllIDV~XiV*l!~~J09*~) 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.
Signatu~Cl. (..c~
(SEAL)
This (Jrea}H qj/iejal Notarial ~)'I.!ol
OPTIONAL
Though the data below is not required by law, it may prove valuabie to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[J INDIVIDUAL
[J CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TiTLE(S,1
o PARTNER(S)
o LIMITED
o GENERAL
[Xi ATTORNEY-iN-FACT
'-1 TRUSTEE(S)
LJ GUARDIAN/CONSERVATOR
[] OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
~~AME OF Pl::PSONISi OR ENT!TYiIESI
- SIG-NER(S) OTHER THAN NAMED ABOVE--
10.1232 (REV 12/05)
AL~PURPOSEACKNOWLEDGEMENT
'iJ'1X]@:
InSC:@JlC:O
~~@[1d[CJ
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
MAINTENANCE BOND
BOND NO_ 731302S
Pretllium Included In Pcrformance Bond
K~OW ALL MEN BY THESE PRESENTS:
TlIAT we RC PARTNERS, LLC, a california limited liability company
and DEVELOPERS SURETY AND INDEMNITY COMPANY
and by vtrtue of the laws of the State of IOWA
bus1l1ess In the State of Califomia, as Surety, are held and finnly bound unto
, as PrincIpal,
, a corporation organized and doing business under
and duly licensed to conduct surety
CITY OF SAN BERNARDINO
as Obhgee, in the sum of FORTY THOUSAND AND NO/100
($ 40,000_00 ) Dollars, for whieh payment, well and truly to be made, we b1l1d ourselves, our heirs, exeeutors
and successors, jointly and severally firmly by these presents,
TilE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named PrIneipal entered into an agreemcnt or agreements with said Obligee 10:
OFF-SITE IMPROVEMENTS TO "SIERRA VIEW" TRACT # 16496
\VHEREAS, said agreement provided that Principal shall guarantee replacement and repair of impro\cments as described
therein for a period of one year following final acceptance of said improvcments;
l"OW, 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 effecL
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the sald Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact
this 9TH
day of FEBRUARY
2006
YEAR
RC PA.'<TNERS, LLC, a california limited liability company
DEVELOPERS SURETY AND INDEMNITY COMPANY
BY:
CASSIE J
Pnncipal
ID-'201ICA) (One Yea: Te:m) (REV 3(01)
STATE OF
CALIFORNIA
LOS ANGELES
]
COUNTY OF
On FEB 9 - 2006, before me, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title ofthe officer), personally appeared CASS TE J HERR T SFORD.
Al'TORNFY TN FACT
personally known to me (a:~IDVl'QjJBv~lnll~)0E1(b;ai;lG~::~li~~*Ji19*~) to be the person(s) whose name(s) islare
subscnbed 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.
Signature~""'ccLG~
(SEAL)
DEBRA K. BELL
Commission # 1430084
Notary Public - California
LOS ANGELES County
MyComm ExpnaJUl30, 2007
This (JIwlJilr U//icw/ Nolana/ 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
[J INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
HTLE(Sj
o PARTNER(S)
o LIMITED
o GENERAL
[i! ATTORNEY-IN-FACT
[J TRUSTEE(S)
LJ GUARDIAN/CONSERVATOR
o OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
-~ SIGNER(S) OTHERTHAI'..fNAMEDABOVE--
10 12321REV 12/051
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 exprcssly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each. hereby make. constitute and appoint:
***Cassie J. Berrisford, Cindy L. Ridley, Janet L. Shaw, Cheryl Caiger, Debra Bell, jointly or severally***
as their true and lawful Attorncy(s)-in-Fact. to make. execute. deliver and acknowledge. for and on behalf 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 each 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 hereby is. authorized to
execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Anorney to execute, on behalf of the corporations, bonds. undenakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, 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 when so affixed and in
the future with respect to any bond. undenaking or contract of suretyship to which it is anached.
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 of December. 2005.
C-:) ~ ~)
~~
",........",
""",~ AND ;'f"",
...A'<-.... ............."'<>..:..
...~'" ." no" '" ". '..
i<<f'.....ofl... "'41'.....+. ':.
:",lv ~.~~\
Sod OCT. \..q
~~ 1 10 1", ~
\~\ 1936 /~j
':..."!,......./OWPo- ......',J,.'I;/
"'~O"'''''''''''' .,.+...,,,
I",."" * """,,,
"''''UII''''
By:
David H. Rhodes. Executive Vice-President
By:
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
]
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 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 hislher/their authorized capacity(ies). and that by hislher/their signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted. executed the instrument.
Signature
Gna' ~ ~
(SEAL)
f . . & & & ~I~~ ~. ~~~~E~ & J
I@ COMM.#1569561 I
NOTARY PUBUC CAUFORNA
ORANGE COUNTY
~ = - expires = 13.W
............~ ................. ~
WITNESS my hand and official seal.
CERTIFICATE
The undersigned, as Assistant Secretary. of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Anorney remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of
the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate.
Th. C 'fi' d' h C' fI' C l'r 'h da f FEB 9 - zooS '
IS ertl Icate IS execute In t e Ity 0 rvme, a IIOffila. t e _ yo .
By
Albert Hillebrand. Assistant Secretary
~I-~
ID-l380 (Rev, 12/05)
EXECUTED IN TRIPLICATE
-->,-
INSCO INSURANCE SERVICES, INC.
Underwriting Manager tor:
Developers Surely and Indemnity Company
Indemndy CompJny of CaLfornla
17780 Fitch, SUlle 200. Irvine, C"llfoflll" 92614. (9,19) 263,3300
www InscoOlcocom
'.-...r'I., ;!
InSC~ICO
BO"JD NO, 731303S
:;; 100,00
lcrlll o( .I~~__ ____ _
_ptCII1IUllll, 1m a
___ __ \e~ll\ s),
MONUMENTATION BOND
FOR SUBDIVISIONS
I-:i\U\\' ,\1 ,J \IEN Wi TIIFSlc I'RESENTS, THAT WHEREAS, _.BC PARTNERS, LLC, ~a.IIf.~.':'~~1l1l.tlO9__
liability company
hl'll'IIl,lllcl lalkcl Sl !BDIVIDER, IS thl' dnclopcr olthat ccrl~lin ,ubdi', I,ioll kllowll~" TRACT 16496
: ;lIlcl WIIEREAS, ,dlll1ollulI1enls have not yet been sctll1thl' pOSltlllll, Ilotcd III
Ihe j11l1j1o'l'd !'tllal Suhdl\l"OII :vLtpl'lr said sulxlivlSIOll.
NO\\', 1'1 IEI~EFORE, We thc subdl\Jder as Prillcipal, and the DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH, SUITE 200 IRVINE, CA 92614
-----~--_._-
tf"cgal Tllk and Addrcss of SUI-cty)
a,' ,')urclv, at e hcld "Ild (111111) hound Ut1tO the CITY OF SAN BERNARDINO
ill thc sUIl1 of FOUR THOUSAND TWO HUNDRED AND N()!2.g~
,($ 4,200,00 I.
1.1\\I'ulll1oncy ollhe Ulllted State" 101 the p~IYlllelll of which SUII1 wc;ll ;lIld truly to he Illadc, wc billd ourselvcs,
our hl'IIS, e'xecutors, adlllI111'trators. successors, or assigns, or allY or all or clthcr of thCIll, slull fad to pay allY
ellglncer or,ur\cyor tor the selting mOIlUlllents In Ihe posltlons nDted In Ihe plDposed fillal SuhdlviSlun M~lp for
"lid subdlVlSllln in accOld,"lCC \\lll1lhe prll\isions uf GovclIllllenl Code Scc, 66495 et. seq.. thell S:!IU Surety will
pd)' Ihe :;;lInc 111 dll dlnllullt nol cxcecding the amuulll herelnahuve set I'ul'lh,
IT IS IIFI~EBY FXPRESSI.Y STIPL1LA TFD AND A(iREED thdl this Bond shall illsure tuthe helld,t III dny dnd
dll IlC""llS, l"II11p~lIlies, alld ulrpordtillllS Cl1l1lkd to file Cldillls dgaillst ii, purSU,II1tto Govcrl1melll Cudc Sec, (16497,
Shlluld the l'll\lditlon of thi,s B\1I1d be fully performed. then lhis llhligalillll shdll hCl'lllllC llull ~llld VOid, lllherwlSc il
sh,lll he Jnd rCll1aill ill fulll'llrec ;IIHI clkel
.'\Ild the' s~lid Surely, I'm v;duc rcceivcd, hereby stipulates dlld dgrees Ihdlllll challgc, cxlcllsiollllf tllnc, aller;ltlllll
Ill' dddllilllllO the lerms uf lhe Agreemenl or CUl1lrdcl, or 10 lhe work 10 be pert'unlled thercullder, shall ill dllY way
al'lccl its obligaltulls Ull the BUild, amI it dues hereby w,live nllticc of any such challge, cXlellsiulluf lillle, ;iller:!IIOIl
01 :!dditiull IU Ihc terms of lhe Agreemenl Dr Contracl,
It\: WITNESS WHEREOF lhi" Instrumcllt has been duly exccuted by thc I'rillClp:!1 and Surely :!hovc Il;uned
Oil FEBRUARY 9, , 20 06
PrinCipal
RC PARTNERS~C a cal~~~n~-'lfn-,leclJta.b-"lly compan)
Surely
DEVELOPERS SURETY AND INDEMNITY COMPANY
Iii'
Sv'
CASSIE J
....~-~
' ~
----- ------- ---------_.-
Altl1llley- In-F:!el
'0 '.I,G I,CA) (7,'0-)
STATE OF
CALIFORNIA
]
COUNTY OF
LOS ANGELES
On FES 9 - 2006, before me, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of/he officer), personally appeared r.ASS TE.J BERRTSFORD.
ATTORNEY TN FAr.T ,
personally known to me (c:M~l6V&ln~K*lflWI)U~bai;li*}f2~l~bi;ltK10i-ji19*~) to be the person(s) whose name(s) is/are
subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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.
sign,~L~~
(SEAL)
DEBRA K. BELL
CommIssion # 1430084 ,..
Notary Public - Callfo . :D
~~NGELES cou~7~a ~
ExpnsJUlJO,2oo7
WITNESS my hand and official seal
TIlls area.Fu' OJ/iclO! l.jo(ar;af Sl!al
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
i: INDIVIDUAL
D CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITlE(S,
D PARTNER(S)
D LIMITED
D GENERAL
lXJ ATTORNEY-iN-FACT
D TRUSTEE(S)
[J GUARDIAN!CONSERVATOR
D OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S] OR ENTITY(JES)
SIGNER(S) 6fHERTHAN-NAMED ABOV~-
ID12321REV 12!05)
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:
***Cassie J. Berrisford, Cindy L. Ridley, Janet L. Shaw, Cheryl Caiger, Debra Bell, jointly or severally***
as their true and lawful Attorney(s)-in-Fact. to make. execute. deliver and acknowledge. for and on behalf 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 each of said corporations full power of substitution and revocation. and
all of the acts of said Attorney(s)-in-Fact. pursuant to these presents. 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 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 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 be. 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 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 have 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.
C~~~)
By:
Walter A. Crowell. Secretary
",UIIIU"",
,,""'-i AND /""""
,....':a.<c,"'- ...........~b~.I..
.'-~"" ,." ~O ....,,~..
N{""O~r II.............
: lv "'...~.
[:If OCT. \~~
~~~ 10 inE
\~\ 1936 /~j
\~""'" lOW'" ......~lj/
""'-!o.............. 't--~,,,...."
"""".,II~I'"I'"""..
By:
David H. Rhodes. Executive Vice-President
~~
STATE OF CALIFORNIA
]
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 evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted, executed the instrument
Signature
Gna' c;( ~
(SEAL)
f . . & & & ~I~~ ~. ~~~~E~ & J
Ie COMM.#1569561 I
NOTARY PUBUC CAUFORIIA
ORANGE COUNTY
~ = eamnL ~... ~ 13.d
... ... .... "'.:. ....." ... .... -
WITNESS my hand and official seal.
CERTIFICATE
The undersigned, as Assistant Secretary. of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
docs hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore. that the provisions of the resolutions of
the respective Boards of Directors of said corporations set forth in the Power of Attorney. arc in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, the _ day of F r: Ii 9 - 200(; .
By ~J-~
Albert Hillebrand, Assistant Secretary
10-1380 (Rev. 12105)
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY)
01/17/2006
PRODUCER (626)3 59-6626 FAX (626)359-6444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C. R. Stelling Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
434 W. Foothill Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
'rovia, CA 91016
INSURERS AFFORDING COVERAGE NAIC#
INSURED Gary French Construction, Inc. INSURER A Pro Builders Specialty Insuran
174 W. Foothill Blvd. #500 INSURER B'
Monrovia, CA 91016 INSURER C
INSURER D'
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN,
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~;: r..'1:'1.'1 TYPE OF INSURANCE POLICY NUMBER PJ>i-~~~ EFFECTIVE Pg~'fl. EXPIRATION LIMITS
GENERAL LIABILITY RES5005389 07/29/2005 07/29/2006 EACH OCCURRENCE $ 1,000,00
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ EXCLUDE
I CLAIMS MADE 0 OCCUR MED EX? (Anyone person) $ 5,00
A X PERSONAL & ADV INJURY $ 1,000,00
-
GENERAL AGGREGATE $ 2,000,00
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ INCLUDED
'I nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
r- (Ea accident) $
ANY AUTO
I---
ALL OWNED AUTOS BODILY INJURY
r- $
SCHEDULED AUTOS (Per person)
I---
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per aCCident)
-
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS/UMBRELLA liABILITY EACH OCCURRENCE $
::=J OCCUR o CLAIMS MADE AGGREGATE $
$
,
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T'X~~: ~I,~< I 10J~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes. descnbe under
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT f SPECIAL PROVISIONS
~ertificate Holder is named as an Additional Insured but only with respects of the operations of
the Named Insured per form ROI0l (02/05/02) accompanying.
exception to days notice; 10 days notice of cancellation for non-payment of premium.
CERTIFICATE HOLDER
City of San Bernardino
Public Works Dept.
Mike Ackerman
300 So. "D" Street
San Bernardino, CA 92418
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
2L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ACORD 25 (2001/08) FAX: (909)384-5573
CR Stellin
@ACORD CORPORATION 1988
ENDORSEMENT
R0101 V
(E.D. 02105102)
I ENOT. NO. I
8/
ADDITIONAL INSURED
IT is AGREED THAT COVERAGE IS PROVIDED TO THE ADDITIONAL INSURED(S) AS FOLLOWS:
1. SECTION II OF THE POLICY (WHO IS AN INSURED) IS AMENDED TO INCLUDE ANY PERSON OR
ORGANIZATION THAT THE NAMED INSURED HAS AGREED IN AN INSURED CONTRACT TO NAME AS AN
ADDITIONAL INSURED PROVIDED THE BODILY INJURY OR PROPERTY DAMAGE OCCURS
SUBSEQUENT TO THE EXECUTION OF THE INSURED CONTRACT AND THE BODILY INJURY OR
PROPERTY DAMAGE ARISES FROM YOUR WORK PERFORMED DURING THE POLICY TERM.
2. THE APPLICABLE LIMIT OF THE COMPANY'S LIABILITY SHALL NOT BE INCREASED BY THE INCLUSiON
OF ANY NUMBER OF ADDITIONAL INSUREDS.
3. OTHER THAN AS EXPRESSLY MODIFIED HEREIN, COVERAGE FOR THE ADDITIONAL INSURED IS
GOVERNED BY THE TERMS AND CONDITIONS OF THIS POLICY, INCLUDING THE INSURING
AGREEMENTS.
4. THE COVERAGE PROVIDED FOR THE ADDITIONAL INSURED IS ONLY TO THE EXTENT THE ADDITIONAL
INSURED IS HELD LIABLE FOR THE NEGLIGENCE OR STRICT LIABILITY OF THE NAMED INSURED. NO
COVERAGE IS PROVIDED FOR LIABiliTY BASED UPON THE ACTS, ERRORS OR OMISSIONS OF THE
ADDITIONAL INSURED.
5. NO COVERAGE IS PROViDED TO AN ADDITIONAL INSURED FOR DAMAGES BECAUSE OF BODILY
INJURY TO AN EMPLOYEE OF THE NAMED INSURED. WHETHER SUIT IS BROUGHT OR CLAIM IS MADE
BY THE EMPLOYEE OR THE PARENT, SPOUSE, CHILD OR SIBLING OF SUCH EMPLOYEE, OR ANY
ENTITY SEEKING DAMAGES BECAUSE OF INJURY TO SUCH EMPLOYEE.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
Policy Number Insured
RES 5005389 GARY FRENCH CONSTRUCTION, INC.
Effective
07/29/2005
ProBuilders Specialty Insurance Company, RRG
A Risk Retention Group
~/~
Countersignature of Authorized Representative
~ fl1.~
~
Ille PA8TI18S
February ]5,2006
Mr. Michael 1. Ackerman, P.E.
Engineering Associate
City of San Bernardino
Development Services Department
300 North "0" Street
San Bernardino, CA 92418-0001
RE: Tract Map 16496
Dear Mike,
This letter is to confirm that R C Partners' subcontractors will be responsible for
prm.iding their respective insurance for Workman's Compensation, General Liability and
Automobiles. Regarding automobiles, only those under the insurance coverage of their
employer will be allowed to enter the job site.
This is bow all OlD' projectS have been insured to date and bow we win continue to handle
this aspect of our development and construction business.
Should you have any questions or need any further information, please call me at 310 916
1636.
517 S. Myrtle Avenue. Suite 201. Monrovia. Califcrnia 91016 · Phone: (6261 305. 9444 . Fax: (6261 305. 9422
I'd
e~o:m 90 g~ Q9::/
Feb 14 06 02:23p
626 357-6615
Gar~ French
POLICYHOLDER COpy
STATE
COMPENSATION
INSUI'lANCE
FUND
P.O. BOX 420807, SAN FRANCISCO.CA 94142,-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 02-13-2006
GROUP: 00022_
POLICY NUU9ER: 0032272-2005
CERTIFICATE 10: 5
CERTIFICATE EXPIRES: 10-01-2006
10-01-2005/10-01-2006
1ST CENT~IAL BANK
P.O. BOl( B518
~EDlAHOS CA 92373
SC
This is to cenlfy th.il1 we hiVe issued a valid Workers' Compensation Insur.,ce policy in ill form ~ppro"ed bv the
Calitomja Insurance COl'TV'I'\lssioner to the emplover named below for the policy period indicated.
HilS poliCV l$ not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We Will also gNe you 30 days advance notice should this pOlicy be cancelled prior to its normal 8xpintion
This certificate of insuranc. is not .... in........c. po~cy and does not am..d. .x1end or a".r lhe coverage afforded
by the polley I.sled here", NotwIthstanding any requirement term or condition 01 any contract or other documenl
with respecl to wtwch this cerlific.ate of insurance m.y be issued or to which it may pert.1in. the insW"'inCe
ifforded by the policy described herein is subject to all the terms. .xclusions~ M\d conditions. of such policy.
6::-~
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE
~
PRESIDENT
COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #IBOO - GARY ROSS FRENCH ~ESIOENT - El(CLUD~D.
ENDORSEMENT #1600 - TRACI DIANE FRENCH SEC.TRES - EXCLUDED.
ENDORSEMENT 82065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EPvV'LOYER
GARY FRENCH CONSTRUCTION lNC DBA: GARY FRENCli
CONSTRUCTION INC
1'4 V FOOTHILL BLVD I SOD
MONROVIA CA 91016
rREV.2.051
PRINTED
(Bl0.Sq
02 -13-2006
p.2
sc
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Abstain
Companion Resolutions
~olJfd -65
Absent Jt; 7
Meeting Date (Date A1.ed):1 I ~. &~ Item #
Vote: Ayes ') Nays
Change to motion to amend original documents 0
/ ,;J,
,
Resolution #
Null/Void After: days I
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: . 1; I ~ f Q It
Date of Mayor's Signature: 'Jy t.. 0 L,
Date ofClerklCDC Signature: 0:Jf 0\( QIp
Reso. Log Updated: ~
Seal Impressed: ~ /
Reso. # on Staff Report ct
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
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):
/'
NO~BY_
No~y_
No_ By_
N7<By__
NO~_
Yes
Yes
Yes
Yes
Yes
Copies Distributed to: ~
Animal Control 0 EDA Information Services 0
City Administrator 0 Facilities Parks & Recreation 0
City Attorney 0 Finance Police Department 0
Code Compliance 0 Fire Department Public Services 0
Water Department 0
Notes:
Roo',,, m,l
Date6 1 I 01 P h
Revised 12/18/03