HomeMy WebLinkAbout14-Development Services
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Date: March 28, 2006
Subject: Resolution approving Final Map for
Tentative Tract Map No. 17524
located on the north side of 7th Street
between San Carlo Avenue and San
Anselmo Avenue.
From: James Funk, Director
Dept: Development Services
File No.: TR No. 17524
MCC Date: April 17, 2006
Synopsis of Previous Council Action:
On April 18, 2005, the Mayor and Common Council adopted a Mitigated Negative Declaration
and the Mitigation Monitoring/Reporting Program and approved Tentative Tract Map No.
16947 and Development Permit (Type III) No. 04-44.
Recommended motion:
Adopt resolution.
;;R James Funk
Contact person: Lynn Parker, Sf. Civil Engineer
Phone:
Ext. 5110
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 6
FUNDING REQUIREMENTS:
Amount: None
Source: (Acet. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. J L/ - ~-J4~. .......$
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # ~ Resolution # .a.o.Oh -I gl
Vote: Ayes ~ Nays '1:7 Abstain -=e- Absent
Change to motion to amend original documents 0 Companion Resolutions
NullNoidAfter: ~days/ ln~ nOAiJ
Resolution # On Attachments: 0 ~ution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: DY - I '8 - ~
Date of Mayor's Signature: LfI&tJ I !)(p
Date of ClerklCDC Signature: 'LJ( cioj 0 C;
Alrecull( -sc'crned
Date Memo/Letter Sent for !:lgHRIDI'. tf-.;:t /-- 00
Reso. Log Updated: jsb
Seal Impressed: 'h€
Reso. # on Staff Report ~
Date Returned: Not Returned: 0
1 ,( Reminder Letter Sent:
2nd Reminder Letter Sent:
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 No By~
Yes No By~
Yes No By~
Yes No By~
Yes No By~
. Copies Distributed to:
~~mal Control 0
~ City Administrator 0
City Attorney ,;;;b
Code Compliance 0
EDA
0 Information Services 0
0 Parks & Recreation 0
0 Police Department 0
0 Public Services 0
0 Water Department 0
Facilities
Finance
Others:
~~
Notes:
Ready 10 File: /'
Date:~
Revised 12/18/03
',I....
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CoM.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.sbcity.org
'"
April 21, 2006
Troy Roberts
Spectra Homes, LLC
517 South Myrtle Avenue, Suite 201
Monrovia, CA 91016
Dear Mr. Roberts:
Please find enclosed one duplicate original executed copy of the agreement attached to
Resolution No. 2006-101, approving the final map for Tract Map No. 17524, located on the
north side of 7th Street between San Carlo Avenue and San Anselmo Avenue.
If you have any questions, please do not hesitate to call Dodie Otterbein, Records Management
Coordinator at (909) 384-5002.
Sincerely,
~~ h. C1~uJL
Rachel G. Clark
City Clerk
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tentative Tract Map No. 17524 located on the north side of
ih Street between San Carlo Avenue and San Anselmo Avenue.
Backl!round:
On April 18, 2005, the Mayor and Common Council approved Tentative Tract No. 16947 to
subdivide approximately 6.87 acres into 29 single-family residential lots with minimum lot sizes
of7,200 square feet (Subdivision No. 04-15).
On November 1, 2005, the City received a letter from the developer's engineer stating that when
the tentative tract number was obtained from the County Recorder, the legal description noted by
the County Recorder included a portion of tract 4902. Since the subject tract does not include
any portion of Tr. 4902, the County Recorder required a new number be issued. A copy of the
letter from the engineer is attached to this report. The County Recorder issued the new number
17524.
Although the tract number has been changed, the project location, SIze, design, etc. are as
approved by the MCC on April.l8, 2005. There are no other changes.
The developer, Spectra Homes, 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.
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12 the RS, Residential Suburban land use district, together with the provisions for their design and
SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 17524,
located on the north side of ih Street between San Carlo Avenue and San Anselmo Avenue in
13 improvement, is 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 Spectra Homes,
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LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are required by
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Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
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19 time for performance is as specified in the Agreement. Said improvements are specifically
20 described and shown on Drawings approved and on file in the office of Development Services of
. 21 the City of 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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As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
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said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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/(0. )Lf
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17524,
3 LOCATED ON THE NORTH SIDE OF 7TH STREET BETWEEN SAN CARLO A VENUE
AND SAN ANSELMO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
5 MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
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8 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
The City Clerk shall certify approval and acceptance of the Mayor and Common Council
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10 as set forth in this Resolution.
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SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
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it within sixty (60) days of the passage of this Resolution.
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III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17524,
LOCATED ON THE NORTH SIDE OF 7TH STREET BETWEEN SAN CARLO AVENUE
3 AND SAN ANSELMO AVENUE IN THE RS, RESIDENTIAL SUBURBAN LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting thereof, held
9 on the day of
10 Council Members:
, 2006, by the following vote, to wit:
ABSTAIN ABSENT
NAYS
AYES
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City Clerk
,2006.
The foregoing resolution is hereby approved this day of
Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to
form and legal content:
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JAMES F. PENMAN,
City ;~.ttorney_ )
27 By: \ 1l""., ?! C'V),,"-<......
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Exhibit" A"
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
, 2006, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Spectra Homes, LLC 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 17524; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory perfomlance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
I. Performance of Work. Subdivider will do and perfoml, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and 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 \'lork.
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 "hether 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.
S. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (l00%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
perfonnance 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 (l) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to [otm. amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carner.
(a) Worker's Compensation Insurance/Employer's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability lnsurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as ,veil 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 ($1,900,000.00) 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 l\1illion
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph 11 insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability 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" fonn
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of one (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
(4) Personal Iniurv - 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 impainnents, 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 (lO) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/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 harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attomey's/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 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. Subdiv!der/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall. defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, of any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold ham1less 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 O\vnership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
detemlined 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
perfomlance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain
prosecution of the work, or any severable part thereof, with such diligence as will insure its
completion within the time specified, or any extensions thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assigrunent 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:
Spectra Homes, LLC
517 South Myrtle Avenue, Suite 201, Monrovia, CA 91016
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
Lincoln General Insurance Company
701 "B" Street, #2100, San Diego, CA 92101
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
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benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form
and legal content:
SUBDIVIDER:
By ~,fttli6
JAMES F. PENMAN,
City Attorney,
/!
t~
By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
ST ATE OF CALIFORNIA
)
) ss.
)
COUNTY OF :. .:~ '.I":' ~
On this day of (' \. i. , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
~....' ........ ", I) "- ;~':'~' :-'p- -:'
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and 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 Directo'rs.
WITNESS my hand and official seaL
("~ "l,~ ,'., /
'-,-_ 1")<') /.11". ,/,..f", .1
NO,tciry Signature
't..A....,.....A.......~-'G.A. ~_~~_.,~
"_JACQUeLINE J. BAiLEY.
o o;,.~.,,'" COMN\. # 145:~e29 .;~
0, . OTARY PUBlIc-cAlKr.N,',A (J
~ LOS....NGELES COUe.:~~, ()
COM..I. EXP. DEe. 16. ! 7 '
< -,;"'.""v"-"-\
( " (. ,I
",', (j.J// /~
(This area for official seaL)
; "
r
13
Bond No.: 661116669
Initial Premium: $7,000.00
Premium covers 2 yr. term
Annual renewal premium due
Until bond released
SUBDIVISION FAITHFUL
PERFORMANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Three Hundred Twenty-Five Thousand & 00/100 Dollars, ($325,000.00) for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map
of Street Improvements curb, 2utter, sidewalk and road improvements for track #17524,
entered into an agreement or agreements with said Obligee to complete the improvements
specified in said agreement or agreements.
NOW THEREFORE, the condition ofthis 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,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006
Spectra Homes, LLC
~..
Surety: .~oln GeneraV1nsurance Company
LA Co) \
.- - ., .' ~ \
/ By: _ TZ(.. ... __ .... ..
(' George Jir~~~~~.i - -Fact
'------- i I
l/
661116669
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY TIffiSE PRESENTS: That Lincoln Generalln.sur;mcc Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and lItIllOint
George Jimenez
its true and lawful attorney(s}-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obliplory i=llI of similar nalUre in an amount not to exceed Three MJ111all Dal1an ($3,OOO,OOO).aDd to bind it thereby as
fully and to the same extent as if such instruments were signed by . duly authorized officer of the corporation, and all the ads of
said Attorney, pursuant to the authority hereby giVCll are hereby ratified and confinned.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with filcsinnle signatures and sea1s under
authority of the following resolutions adopted by the Board ofDirectots of Lincoln Generalln.sur;mce Company on the 4* day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the .Company, together with the
Secretary or any Assistant Secretary are hereby lWlhorized to execute Powers of Altomey appointing the person(s) named as
Attorncy(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, aDd
other similar contracts of suretyship, and any related dOC1lDlClts.
RESOLVED FURTHER that the signatures of the officers making the appointmalt, and the signattlre of any officer certifying
the validity and current st:a1US of the appointment, lDllY be facsimiJe rcprescntations of those signatures; and the signalUrC and seal
of any notary, and the seal of the Company, may be facmm1c represcnllIlion ofthosc signalmes and sca1s, and such l2csin:nle
representations of those signallD'cl and seW, and suc:h facsimile rcprcscnllltions shall have the same force and effect as if
manually affixed. The bcsimiIe reprcsenllltions rcfcrrcd to herein may be affixed by Slanlping, printin& typin& or photocopying.
IN WITNESS WHEREOF. Lincoln General Insurance Company lw caused its corpo
be signed by its duly lUlthorizcd ofliccrs this 4th day ~~ 2002. "';.i..
~,~~~ 1NSU 1/,,1;,
~~.-;.........~~
~~..., .... ~
Attest: ~ .;::.... AoORATC- n ...,., ~
. O"t' "e., .':.f.. ~
:::,,:c:.; _ ~~\"S
. ~z[ 1977 1C)~
The COll1lllOnwea1th of P--~VlIDlll :: ..J '. : 0 ::: .
.......7. :: 0'.0 - :t' '~:::
YorlcCounty "\ d..,~#,tsn""~" ....?i$ .
On this 4th day of September. 2002, before ~I~~ Bhojwani, to lIIC known, who being duly $\WID, did
depose and say: tlw he is the President of the emP3l'JI' ..,..~ in IIIId which eltCCUltd the above instnmznt: that he knows
the seal affixed to the aforesaid instrument is such corponltc sca1 and was affixed thereto by order and authority of the Board oC
Directors of said Company; and tb.a1 he executed the said instn=t by lib order and authority and the same was his Jiee set and
deed.
The Commonwealth of Pennsylvania
York County
Nolatia' Seal
Calheline M.r1e Loo... Nol8ty
Springellsbury TIYp., Yor1c
My CommiSSIon ~iras Jun. 1
I, Gary Orndorff, Secretary of Lincoln General 1nsurancc Company, a corporation of the Commonwealth of Pcnnsylvania do
hereby certifY that the above and foregoing is a full. true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original 8IId that the said Power of Attorney is still in full fOrce IIIId effect 8IId has not been revoked, and
furthermore that the Resolution of the Board ofDireclon, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF. I have hereunto set my band aDd affixed the seal of said Company, at Yorlc, Pennsylvania, this
13th day of. March 200€! ~nl/iII~/"'111.
~'~w. INSu ~/I;,
~';.''<"'''''''''''''' "
S.~...'. -. ~
:;j t~.' "'"90AArq~'.. CI '"
S '44: r:F ":.~~
-C:J' ti - "..-
~.) 1977 ;(') g
,.....:. :0:0:
s:.Jo'~~ - !!".::>o~
~ . '..1.0. ...~. ~ '='
~ u .~. -r/VSYl"r- ....~,,~
~~" ....,:s;: {:j
~ "'1'............. ~,~
"'///l 'It ~\~,~
~1111"'t.......d\\\
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
} ss.
} ss.
S. Philips - NOTARY PUBLIC
Name and Title of Officer (e.g., ~Jane Doe, NOTARY PUBLIC"
County of LOS ANGELES
On 3/13/06 , before me,
Date
personally appeared
George Jimenez -
ATTORNEY-IN-FACT
iii personally known to me
o proved to me on the basis of satisfactory
evidence
~~.......",..",~.::.~~-,
'<"f<.~'. .~... II
,.. r..,....(l... " F""l' IPS
():/ """'J;",". ..... . I. .~. ~
.~:!;,:"':~;fil.,:/,:.;' ',''': I r;- i_'!~-4f9
~':i~:,:;~t~:'..~'~;:;:.<" 'r: ;'_ ',: I ..,;;r;",:(~~'<~"~
:I: ,." ,,,,--:.... ..L: .. . ..... ..r.~J"'!Y 0
. .....-4i:.-;;'~'fif'. It. 'I,',." ,""3 ,) X06-
.~.""'-j...~.~.....(,;~..;;~~~'- ... ~
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.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date.
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
!XI Attorney in fact
o Trustee
o Guardian or Conservator
o Other
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
(;I 1999 NatIonal NOlary AssociatIOn. 9}50 Dc 5010 Ave., PO. BOll 2402. Chatswonh, CA 9D 1}-2402. www.nationalnolary.org
Prod. No.5907
Reorder: Call Toll.Free 1.800-876-6827
Bond No.: 661116669
Initial Premium Included on
Subdivision Performance Bond
for the Term of2 Year(s)
SUBDIVISION
LABOR AND MATERIAL BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
One Hundred Sixty-Two and Five Thousand w/ 00/100 Dollars ($162,500.00) Dollars, for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHERE AS, the above named Principal, as a condition of the street improvements curb,
eutter, sidewalk and road improvements for tract #17524. entered into an agreement or
agreements with said Obligee to complete the improvements specified in said agreement or
agreements.
NOW 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,
this obligation shall be void, otherwise it shall remain in full force and effect. .
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006 .
al Insurance Com an
661116669
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY nmSE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth ofPenmylvania, does hereby nominate, c:onstitute and lIllOOint
George Jimenez
its true and lawful attorney(s)-in-fact to sign, seal and exec:ute for and on its behalf; as surety, bonds, UDdertakings, and other
obligatory instruments of similar IIlUIIre in an amoUDI nol to exceed Three MDlIoD DoUan ($3,OOO,OOO}and to bind il thereby as
fully and 10 the same exlenl as if such instruments were signed by a duly authorized officer of the corpOllltion, and all the aclS of
said Attorney, pursuanl to the authority hereby given are hereby ruified and confirmed.
RESOL YED thai this Power of Attorney is granled and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted hy the Board of Directors of Lincoln General Insurance Company on the 4* day of
September, 2002.
RESOL YEn thai the Presidenl, an Executive or Senior Vice President, or any Vice President of the .company, together with the
Secretary or any Assistant Se=llDy are hereby authorized to exec:ute Powers of Altomey appointing the person(s) named as
Altomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, UDder13kings, and
other similar conlraclS of suretyship, md 8IIY related documents.
RESOL YED FURTIlER that the signatures of !he offi=s making the appointmatt, and the signature of any officer certifying
the validity and current staI1IS ofthc appointrnl:nt, may be facsimile rcprescnIlI1ions ofthoac signatures; IIId the signature and seal
of any notary, and the seal of the Company, may be facsimile rcpresentaIiona ofthoac signatures and seals, and such fJcsillDle
representations of those signatures and seals, and sucl1 facsimile RprCSCDtlltiOllS shall have the same force and effect as if
manually affixed. The 1lI.csimiIe rep=entations refmed to herein may be affixed by SllImping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurmcc Company baa c:aused its corpo
be signed by its duly authorized officers this 4th day ~~I~ 2002. .,'"..
~'~\M; INS(J 1~,~
~ ~.-...."h.. ~f'~
~ ~ ..- ...~.~ ~
Attest ~~.... ~O'AAT~8. .... (I~
=:0:"CP - ~~~~
~ zt 1977 1()~
The Commonwealth of Pennsylvania ~ ...l ~ : 0 ~ -
::: 0'.0 - ~ .~=:
YorkCouoty \q;':.~~Syt;~t-~~,""lil .
~.... ~
On this 4th day of September, 2002, before Ii' C. BhojwBni, to me. known, who being duly SWlllII, did
depose 8IId say: that he is the President of the . .Q1..9td in and which execull:d the above in$trumeut that he q,.ows
the seal affixed to the aforesaid iastrument is such corpol'llle seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said inslrumI:nt by like order and authority and the same was his free act and
deed.
The Commonwealth of Pennsylvania
Yark County
Notatisl SBal
CaIIIerins Muri8 Loo... Notary
Spffngellsbury Twp.. Yor1c
My Commission Expirus June 1
I. Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and conect copy of Power of Attorney issued by said Company, and of
the whole of the originalmd that the said Power of Attorney is sliIl in full fOrce and effec:t 8IId baa not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company, at Yorlc, Pennsylvania, this
13th day of. March 20Qq ~lllIlIilli"I'.
#'~.>~~~!:,~'~"
~~..., .... ~
~ ,ff,,- d~oRATe $.(0 \C! ~
.. '"</. ,r;!'"' 'W_ .""-
=0:'" - t""~".~
~ z~ 1977' l8 ~
';...lo" ~ - _ :;:a.~
~ . '"An. ....,r . '" -
'" v''. -'lI'sn""" .' bi ~
~~ ~"'" ......~~
~ '/') ........ .....~~
9,1. * c.~:~
""1111"..........)'1\\\,..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
CALIFORNIA
} ss.
County of
LOS ANGELES
} ss.
On 3/13/06
Date
, before me,
S. Philips - NOTARY PUBLIC
Name and Title of Officer (e,g.. "Jane Doe. NOTARY PUBLIC"
personally appeared
George Jimenez -
ATTORNEY-IN-FACT
iii personally known to me
o 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
Place Notar~ Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Tille(s)
o Partner - 0 Limited 0 General
Ii! Attorney in fact
o Trustee
o Guardian or Conservator
o Other
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
\.~ 199Y National NOlary AssocIation' 9350 Dc SOlO Av::, P_O. Boll. 2402' Chatsworth, CA 91313-2402' www.nationalnOtary,org
Prod. No.5907
Reorder; Call ToU-Free 1-800-876-6827
Bond No.: 661116669-W
WARRANTY BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Ei2:hty-One Thousand Two Hundred Fifty & 00/100 Dollars, ($81,250.00) for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing ofthe final subdivision map
of a Guarantee and Warranty Bond for track #17524, entered into an agreement or
agreements with said Obligee to complete the improvements specified in said agreement or
agreements.
NOW THEREFORE, the condition of this obligation is such, that ifthe 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,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
. th .
AttorneY-ill-Fact on March 13 ,2006
Spectra Homes, LLC
~,
Surety: L'ncoln Gen. ral Insurance Com an
.' -' -'--'.. j j
J:S':--- - ~..~.., f/ "-.~"
,/George Jimenez, 1t~~Y.:!!1:Fact
'----.----.-...\
\~
661116669-W
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATIORNEY
KNOW ALL MEN BY TIiESE PRESENTS: That Lincoln General Jnsura:nce Compllll)', organized and existing by virtue of the
Laws of the ColIllllonWealth ofPenmylvania, does hereby nominate. constitute and lI17DOint
George Jimenez
its true and lawful attorney(s}-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, IIDdertakings, IDd other
obligatory iDstrurnenl3 of similar nalure in an amollDt not to exceed Three Mn1IOD Dollan (S3,OOO,OOO).and to bind it thereby as
fully and to the same extent as if such insttumenlll were signed by . duly authorized officer of the corpondiOJl, IDd all the acts of
said Attorney. pursuant to the 3llthority hereby given are hereby ratified and c:ollfirmed,
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signalllTe:s and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln GenenJ Insurance Company on the 4* day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company. together with the
Secretary or any Assistant Secretuy are hereby authorized to execute Powers of Altomey appointing the person(s) named as
Attomey(s)-in-Fact to dale, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, llIldertakings, and
other similar contracts of suretyshiP. and lilY related documents.
RESOLVED FUR TIIER that the signatures of the officers making the appointmem, and the signalUre of any officer certifying
the validity and cumnt stalIIS of the IlppOintment, may be facsimile repre3Cl1llItio of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile represen.IIltio of those signa1UIeS and seals, IIId such f3csinule
representations ofthoR signatures and seals, and such ticsimile representations shan have the SlIIIlC force and effect as if
manually affixed, The &l:simile representations referred to herein may be affixed by mm,ping, priming, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln GenenJ Insurance Company has caused illl
be signed by its duly authorized officers this 4th day ~~ 2002. . ''',i..
~,~\~ 1NSlJ ~"'~
'*' ~.-""""" ~~
~~..., .... ~
Attest: S ~... _oORATe n ... '" ~
, 0.... "e. .':.:.'='
~,,:ti - ~~\'.~
~ z[ 1977 lo~ .
The Commonwealth of Pennsylvania ~ ...J ~.o _ ~~ i '
York County % '?:)'" ~~SY1.~t-~\~""?ij
~~i,'" ~~::.:~~
On this 4th day of Septr:mber, 2002, before -:, "n&1I~~ ~ Bhojwani, to me kDown, who being duly swam, did
depose and say: that he is the Presidcat of the CoI~'....A.lll'~ in and which cxccutcd the above ~ that he knows
the seal affixed to the aforesaid instrument is such corpom= seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said iDsttUment by likc order and authority and the same was his free act and
deed.
Thc Commonwealth ofPennsylv.ma
York County
NOlanal Seal
Cslhetine Mane L.oo.., NolIIry
Sprlngetlst>ury lIvp.. Ylll'k
My CommJ3SIon Ex!liresJune1
I, Gary Omdorfl: Secretary of LincolD General Insurance Company, . corporalion of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and colleCt copy of Power of Attorney issued by said Cllmpany, and of
the whole of the origiDaJ and that the said Power of Attorney is still in fu1I filrce and effect and has not been revoked, and
furthermore that the Resolution of the Boud of Directors, set forth in the said Power of Allomey is now in force.
IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said Company, at York, Pennsylvania, tbi"
13th day of, March ?JJ06 ~lltr"'!111t
~v'~,.!~~~ '''''~Il"
~ .@~...' ...... ~
S /"5,' ~t>CRAT~ ~ '. C\ ""
;l:"'4J: ~ ~ ":.~~
:::c:l: t., - "'f' ,"'t::
E: "977 :.....=
-z' I ,,,::
~ J, :o~
s o",~ - ~ ,'~i#
~ v'" ~SY1.>l~~ .' 'l) ~
%~..... .......'~~
~ '1~ ....__.. ~~ ~~
~'1. '* ~$"
'1/III'I",_.....)S\\,\~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
} ss.
County of LOS ANGELES
On 3/13/06 , before me,
Dale
} ss.
S. Philips - NOTARY PUBLIC
Name and Title of Officer (eg.. "Jane Doe, NOTARY PUBLIC"
personally appeared
George Jimenez -
ATTORNEY-IN-FACT
iii personally known to me
o proved to me on the basis of satisfactory
evidence
, . .~.f!,'1;.\ S. PHIliPS
n;:jJ~{''''\: :~;;,;:'~~Y:~~
~". , , ,'~'.,..iES CO\.IlocTY 0
'~\1.' ' l '" '" DQ>, ~ 9 :t:1:" ..
-~'V-~...,~- 'C,'lI ....... 't(;. .~ .~ 4.
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)
actec;J, executed the instrument.
Place Notary Seal Above.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Tltle(s):
o Partner - 0 Limited 0 General
lil Attorney in fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
C 1\l9lJ N:llional Notary Assoclallon' 9350 De SOIa Ave" P,D Bo\ 2402' Chlllswonh, CA 91313.2402' www.nationalnOtary,org
Prod. No.5907
Reorder Call Toll-Free 1-800-876-6827
Bond No.: 661116670
Initial Premium: $218.00
Premium covers 2 yr. term
Annual renewal premium due
Until bond released
SUBDIVISION FAITHFUL
PERFORMANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, Spectra Homes, LLC , as Principal, and Lincoln General Insurance Company,
as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of
Eil?:ht Thousand Seven Hundred & 00/100 Dollars, ($8,700.00) 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 OBLIGA nON IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map
of Monumentation for track #17524, entered into an agreement or agreements with said
Obligee to complete the improvements specified in said agreement or agreements.
NOW 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,
this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized
Attorney-in-Fact on March 13th, 2006
Spectra Homes, LLC
Prin'(]v
By:
')
General InsliJance Com
661116670
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY 'IHESE PRESENTS: That Lincoln GClIcraI Insunmce COmpllllY, cnganized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, doCll hereby nominate, constitute and lUlDOint:
George Jimenez
its true and lawful attorney(s}-in-fal:t to sign, seal and execute for and on its behalf, IS surety, boods, lIIldertakings, IIId other
obligatory i=tJ of similar lI8lUre in an lIDlOllllt not to exceed Three Mll1Ion Dollars (S3,OOO,OOO).and to bind it theRby as
fully and to the same extent as if such instrumenu were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, purSUllllt to the authority hereby giVCll are hereby ratified and confinaed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and nollllized with facsinnle signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4* day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice PresidCllt of the Company, together with the
Secretary or any A.ssistant Secreta:ry are hereby authorized to execute Powers of MOIDey appointing the person(s) named as
Attomey(s)-in-Fact to dale, execute, sign, seal and deliver on bchaIf of the Company, fidelity and surety bonds, lIIldertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTIiER that the signaturCll of the officers making the appointmclt, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representalioas ofthosc siglllllUreS and seals, BIId such bcsinnle
represcntatioos of those signatures and seal!, and such fiI:simiIe representations shall have the SlIIIlC force and cffec:t as if
mllIIualIy affixed. The f.IcsimiIe rcpresentatioos refcmd to bcrein may be affixed by SllIIIIping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has c:aused its cotpO
be signed by its duly authorized officers this 4th day ~~~ 2002. . ,.;....
~ ,#~..~~~~ ~',
~~ ~~.. ~~
Attest:./'- - k. -.f~...~~OPoAT~.r;;,..pl
GaryJ. d == c:J: C; - ~ ~~:
~zf 1977 EC')~
The COllllIlOnwea1th ofPcnnsylvania : ...l: : 0 ==
York County % c&...'O~4?ts-;,.~t.~\~.....~ J
On this 4th day of September, 2002, before ~I~~~ Bhojwmi, to me known, who being duly swum, did
depose and say: that he is the President of the Co.;;rK!1' 4.il~ in IIIld which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such COIJlOlm seal and was affixed thereto by order and authority of the Boaid of
Directors of said Company; BIId that he executed the said instrument by like order and authority and the same was his free act and
deed.
The Commonwealth of PCIlIIS}'lvania
York County
NOlllriel Seal
CaIII.line Merie Loose Notary
Spf1ngellsbury Twp.. 'Yorlc
My CommiSSion Expires June 1
I, Gary Orndorff. Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certifY that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the origiaa1l1l1d that the said Power of Attorney is still in full force and effect BIId has not been revoked, and
furthermore that the Resolutioo of the Board ofDircctors, set forth in the said Power of Attorney is now in fore=.
IN WITNESS WHEREOF. 1 have hereunto set my band and affixed the seal C)f said Company, at Yorlc, PClIIlsylvania, this
13th day of. March ~QQq ;\\11'1"I111111I11'",
~'\~ ~..~~~!! "'~"
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
} 55.
County of LOS ANGELES
On 3/13/06 , before me,
Date
} 55.
S. Philips - NOTARY PUBLIC
Name and Title of Officer (e.g.. NJane Doe. NOTARY PUBLIC"
personally appeared
George Jimenez -
ATTORNEY-IN-FACT
il personally known to me
o 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.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
[iil Attorney in fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
Signer is Representing:
.r: 19')9 Nal,onal Notary ASSOciation' 9)50 D~ Soto Ave., r.o. Box 2402. Chalswonh, CA 913 [).2402. www.nalionalnotary.org
Prod. No.5907
Reorder: Call Toll-Free 1-800-876-6827
From: (626)359-6444
To: '305,9422'
Page: 1/1
Date: 3/13/200610:1756 AM
CERTHOLDER COPY
SC
STATE
COMP.NSATION
INSURANCE
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142.-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE bATE: 03-13-2006
GROUP: 000228
POLICY NUMBER: 0032272-2005
CERTIFICATE 10: 7
CERTIFICATE EXPIRES, 10-01-20011
10-01-2005/10-01-2006
SPECTRA HONES
ATTN: KEVIN ROBERTS
517 S MYRTLE AVE
MONROVIA CA 91016-2813
SC
~08:ETIWANOA PRDdECT, SAN BERNARDINO
This is to cartify th.t we hw. issued I vllld Workers' Campensltion insur<<lee policy in e form "Woved by tile
Cllifornia Insuronce Commissioner to 1he employer n.med below for the policy period indicated
This policy is not subject to c.neellation by the Fund except upon 30 dlYs advance written notice to the employer.
We will Jlso give you 30 days advance notice should this policy be cancelled prior to i1s normal expiration.
This certificate of insur...,., is not .... Insurance policy and does not Imend, extend or aller the coverage Ifforded
by the peRcy listed herein. Notwi1llstanding any requirement, term or condition of any contrect or other doclmllllt
with respect 10 which this eerlificlle of Insuronee mer be issued or to which it may perlein, the insurlnce
.frorded by the policy described berein is subject to .11 the terms, exclusions, and conditions. of such policy.
a::~:=a ~
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - GARY ROSS FRENCH PRESIDENT - EXCLUDED,
ENDORSEMENT #1600 - TRACI DIAH~ fRENCH SEC,TRES - EXCLUDED.
ENDORSEMENT 12085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFfECTIVE 10-01-2005 IS
ATTACHED TO AND PORMS A PART OF THIS POLICY.
EMf'LOYER
GARY FRENCH CONSTRUCTION INC DBA: GARY FRENCH
CONSTRUCTXON INC
174 W FOOTHILL BLVD # 500
MONROVXA CA 91016
(REV.2-051
[Bl0,SC]
PRINTED 03-13-2008
This fax was sent with GFI FAXmaker fax server. For more information, visit: hltp:/IwNw.gfi.com
Mar 09 06 04:42p
Gar~ French
626 357-6615
p.1
P.1l1
FEB-28-2006 11:20 C.R.Stellin9
~_ CERTIFICATE OF LIABILITY INSURANCE
(626 35'-6626 FAX 626))59-6444
~. Stelling Insurance
434 W. Foothill .'vd.
MonroYia. CA 91016
INSURERS AFFORDING COVERAGE
INSUIU,U: 1"1"0 BuilderS SpeCialty Iftsuran
IIlIllJRE".:
INSUlWl ~
..SU1WI 0:
INSUREfl E:
NAIe .
TilE POLICl!S OF /NSulWlCE LilTED .LOW tlAVE IEEN ISSUED TO 1lE INSUReD NAMEO ABOVE I'OR TH!! POLICY I'EAIOD INOlCAlED. NOlWlTt4ST /\NDlNo
1<M REQUIREMENT. T!IlM OR CONDITION OF Nt( CONTRACT OR OTHER OOClMNT WITH RESPECT TO WHICH THIS CERTIFICATE MAV lIE ISSUED OR
_v PEllTAlN. THE INSUAANCE AFPOADED BY TIlE POLICIES DESCRllEO HEREIN IS SUBJECT TO AlL THE TERfoIS. ElCQ.USIONS /\NO CONDITIONS Of SUCt1
PCllIClES. AGGRJ!GATE LIMITS SHOWN MAY "AVE BEEN REOUCID 8T PAlO ~ ~
~ ,.,..Of___ __.. ~ -.. UIIITB
I ~l",",1UfT RESSOO5J19 07/29/2005 07/29 006 fACH~NCE I 1.000.000
X ~_ACIA1.GENE_L1AlI..ITY QMiOOt!lO!e<WJ I EXCLUOEIl
~L-Jc;:ulNSMAllE [!]OCCUA _l!ll1'tM.-_1 I s:DOa
A X PE-,-I_'NJURY. I.GOO.ODe
_ GENlRALAClGIIEGIITi . 2 ooo:oiiii
a;N\._~ lMr ~ _: .PIOGUCI'lI-COOIP.oP AaG · INCi)"m[
i-ICYI I~ I IlGe
~.......~ UM&J1Y
I-- 61('( NJTO
_ "'lOWN""'urOS
_ SCHl!DULED AlITO'
_ _DALlTDS
_ NON-(lWNEll AUTO!\
~DSl_. .NT
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ELllISEASE - POlICY lNIT I
DUCII!"'.!'l'" Of ,,"u'lOIIIl UjCA_' _lfl'VU:UIIP!'!'.S aDD" ...1_-"'.PEc.....""WI!I'Dld
~e,.df1at. IIOlder 1S n-d a5 an Additional Insured but 011'" wUh respects
the NaIIIed Insured per farn ROIOl (OZ/OS/OZ) ac~ny;ng.
rrllC~ 164M Tray lIobtl'1:S
of the operatiOllS of
ExceptiDfl to days notice: 10 days notice of canclIl111tion for non-paJ'lll8ft~ of pretliUIII.
AT
-..aw.o .."., 01' ,"e ABOW. ~~ ttOlJCIU .. CAM:l!:LU.D ..,CIRr. T'IC
l!III'llIIA'OIllATSTM-OF."''- _.-.. _TO-.
-l!L....'IS _TTP _ Tel'" (;lIl'I1P1CA1I__ -- '0 'IllELSI'T.
IlUr F_E"O...... BUCM IGnclI! ~ ~..... "'UGA~'" UAIIIU11'
Of N/'f IlIID "'"OM '1tII1II-.1Ta AG511'S OIII1EPlIUEIITATMi..
",,__.r ...
CR St
City of San Bernardino
City Ad.in;stratar / City Hall
Mike Acker_
JOO No"h "0" Street
San Bernardino. CA t2411
ACORD25(20D1101' FAX: (fJ09)U4-SSn
,M!:. m~_o~_ O~:_431"..__ Gar~ French
FEB-2B-2006 11:21 C.R.Stelling
626 357-6l:il::>
p.i::
P.02
ENDORSEMENT
ROl0t wi'
1IUl._
I ENDT. NO. I
8\
ADDInONAL INSURED
IT IS AGREED THAT COVERAGE IS PROVIDED TO THE ADDlTlONI\L IN$URED(S) AS FOllOWS:
1. SECTION 1\ or THE POlICY (WHO IS AN INSUREn) IS AMENDED TO INCLUDE ANV PERSON OR
ORGANIZATION THAT THE NAMB) INllUIt!D HAS AGReeD IN AN IN8URE'D CONT1IACT TO NAME 1S AN
ADDITIONAL INSURED PROVIDED THE 800LY INJURY OR PROPERTY Do\IIAGE OCCURS
SUBSEQUENT TO niE EXECUTION OF THE IlISURED CONTRACT AND TilE IDOLY INJURY OR
PROPERTY DAMAGE ARISES FRC* YOUR WOAIC PERFORMED DURING THE POLICY TeRN.
2. THE APPLICABlE LIMIT OF THE COMPANV'S LI.'IIILITY SHALL NCrT BE INau:ASED BY THE INa.USlON
OF /IH( NUMBER OF ADDITIONAL INSURI!!DS.
3. OTHER THAN AS ElCPRESSL Y MODIFIED HEftEIN. COVERAGE FOR TIE ADDITIONAL INSURED IS
GOVERNED Ill' THE TERMS AND CONDITIONS OF THIS POLICY. INCLUDING THE INSURING
IWftEEMENTS.
4. THE COVERAGl PROVIDeD FOR THE ADOITIONI\L INSURED IS ONLY TO THE exTENT THE ADDITIONAL
INSURED IS HELD UAllLE FOR THE NEGLIGENCE OR STRICT UA8ILlTY OF THE NAMED INBUR\!!D. NO
COVERAGE IS I'AOVlDED FOR LIABILITY BASED UPON THE ACTS. ERRORS OR OMISSIONS OF THE
ADDITIONI\lINSURED.
S. NO COVERAGe IS PROVIOIiD TO AN ADDITIONAl. IN8UflED POR DAMAGES II!CAU~ OF SODl. Y
INJURY TO AN EMPLOYEE OF TIE NAMED INSUReD. WttETHER 8\JIT IS aROUGtfT OR ClAIM IS MADe
BY lHE EMPLOYE! OR THE PARENT. SPOUSl!. CHILD OR Sl8UNG OF SUCH EMPLOYEE, OR MY
ENTITY SEE1<ING OAMAGESIlECAUSE OF INJURY 10 SUCH EMPLOYEE.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
Policy Numb8/' I_d
RES 50053111 G/<<Y FRENCH CONSTRUCTION. INC.
~
07/2912005
PrDBuUd_ ~y Insu....~ CGlIlpany. RRG
ARlU ~cm.Grou"
~/4
Counten;Igna1..e of A&IlIIortzed Represen181lYe
~ f1!.~
TOTAL. P. 02
Gar~ French
C.R.5t~J 1 jn9
ACORq CERTIFICATE OF LIABILITY INSURANCE
- '" 5'-' FAX (526))51-64114
C. t. 5telli.. Insurance
414 W. Foothill Ilvd.
""""oyia. CA '1015
p.1
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_lIC_Df'n""'J
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T_ c&RTlFICATE ISIB&lIEII AS A MATTER OF .FORMATION
ONLY AND CONI'PS NO ~ Uf'ON THE CERTFICA"TE
1ICIUlER. TH. tEllT1FlCATE DDIS MDT _D, DlEIlD 011
AI. TEll Tie ,.,
Ma.. 09 06 04:41p
FEB-28-2e06 11:20
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_ _. ~OR CONDn'lllHo.o _ CONTMCT OROTHl!llllDCUMENT WIT1l flESPECT TO WHICH THIS CBITII'ICATE ~y IE IISut!O OR
IMY I'ERT..... _ _NCIl AFfOAIIED lJV THE POLICIES ~ HElle" '$ $U!IJECT TO ""- THE TE_. EXCL\ISIOIG AND c;oNOlTlOH5 OF SUCH
~. _Oo\",..-s SHOwN 1M' ""vE,nN IElUC!llST PAID a._.
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~c...t'!on to day. IOOt'!ce: 10 days notice of cancellation for non-pa_t of p.-i...
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aoGLIl.D"" e>>: THI! MOW! DUmlKDPOLEU_ CAIiIC%lUD KPOQ; THe
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Sen lernarslino. CA tzU'
ACOHO 25 12111111111 FAX. ("')314-5571
, ..
, ,'-
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # ~ Resolution # dOOh -I g!
Vote: Ayes~ Nays '"t:7 Abstain .-:e- Absent
Change to motion to amend original documents D Companion Resolutions
NullNoidAfter: ~days/ ton HOAi)
Resolution # On Attachments: D ~ution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on Staff Report ~
Alr-ea.dl.{ 5c'erned
Date Memo/Letter Sent far gigtlat~'e. tf-:1/- 00
Date Returned:
Not Returned: D
I" Reminder Letter Sent:
20d Reminder Letter Sent:
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 No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
. Copies Distributed to:
,,).,~mal Control D
~. City Administrator D
City Attorney ;;:;b
Code Compliance D
Finance
D Information Services D
D Parks & Recreation D
D Police Department D
D Public Services D
D Water Department D
EDA
Facilities
Others:
~~
Notes:
Ready to File: I'
Date:~
Revised 12/18/03
... \,~ ~ ..
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418.0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
'"
April 21, 2006
Troy Roberts
Spectra Homes, LLC
517 South Myrtle Avenue, Suite 201
Monrovia, CA 91016
Dear Mr. Roberts:
Please find enclosed one duplicate original executed copy of the agreement attached to
Resolution No. 2006-101, approving the final map for Tract Map No. 17524, located on the
north side of 7th Street between San Carlo Avenue and San Anselmo Avenue.
If you have any questions, please do not hesitate to call Dodie Otterbein, Records Management
Coordinator at (909) 384-5002.
Sincerely,
~~~ h. C-(~L
Rachel G. Clark
City Clerk
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty