HomeMy WebLinkAbout15-Development Services
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
e From: Valerie C. Ross, Director
Dept: Development Services
Date: December 19, 2006
Subject: Resolution approving Final Map for
Tract No. 16509-6 (Unit 6 - Lots 106
through 159) located on the west side
of Northpark Boulevard between
University Parkway and the Devil
Creek Flood Control Channel.
File No: 11.03; TR 16509
MCC Date: January 22, 2007
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates for grading
of Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Tract No. 16509-1 (lots I through
3 I) located on the west side of Northpark Boulevard between University Parkway and the Devil
Creek Flood Control Channel.
05/16/05 Resolution No. 2005-114 adopted approving Final Maps for Subdivision Tract No. 16509, Units
2 & 3 located on the west side of Northpark Boulevard between University Parkway and Devil
Creek Flood Control Channel.
08/15/05 Resolution No. 2005-278 adopted approving Subdivision Agreement with Richmond American
Homes of California, Inc., for Final Map of Tract No. 16509, Unit 2 located on the west side of
Northpark Boulevard between University Parkway and Devil Creek Flood Control Channel.
09/06/05 Resolution No. 2005-299 adopted approving Final Maps for Subdivision Tract No. 16509, Units
4 & 5 located on the west side of Northpark Boulevard between University Parkway and Devil
Creek Flood Control Channel.
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Recommended Motion:
Adopt Resolution.
~v,Ruy
Valerie C. Ross
Contact Person: Mike Gmhhs En!! Mana!!er/Fielcl Enl!ineer
Supporting data attached: Staff Report, Reso & Maps
Phone:
5179
5
Ward:
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Ace!. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
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Agenda Item No. /5
1/4/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tract No. 16509-6 (Unit 6 - Lots 106 through 159) located on
the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood
Control Channel.
Backl!round:
On May 6,2003, the Planning Commission approved Tentative Tract No. 16509, which consisted
at the time of 160 single family residential lots located on the west side of Northpark Boulevard
between University Parkway and the Devil Creek Flood Control Channel. This tentative tract was
approved for a period of two years.
On October 7, 2003, the Planning Commission approved Minor Modification No. 03-07 to
Tentative Tract No. 16509, clarifying the acreage of the Tentative Map.
On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing the
total number of single family residential lots to 157. Of these lots, 150 are proposed to be
developed in upscale single-family residential houses.
On April 19, 2005, the Planning Commission approved an amendment to Tentative Tract No.
16509, increasing the developable lot count to 166 and approved a general plan amendment to
change the land use designation oflots 160 through 165 to commercial use (CG-I).
On December 12, 2006, the Planning Commission approved a r~vision to Tentative Tract No.
16509 to adjust lot lines to better match slope grading.
Lots A through 0 will be created and reserved for open space and park purposes. Lot A, which
contains 2.38 acres and Lot 0, which contains 1.31 acres, will be developed as neighborhood
parks. Lot A is centrally located in the development and a trail will interconnect the park with the
open space lots B through N. Lot 0 is at the northeasterly comer of Campus Parkway and
Kendall Drive and will be improved by the developer as a neighborhood park. A Landscape
Maintenance District will maintain the open space lots and the parks, and the cost of the
maintenance will be spread among all the owners in Tract No. 16509.
The Subdivider notified the Department of its intention to file multiple final maps based on the
approved tentative map. The proposed phasing plan has been reviewed by staff and it provides for
construction of improvements as required to constitute a logical and orderly development of the
entire subdivision.
The phasing is planned as follows:
Unit I - Lots I through 31 (Houses nearing completion).
Unit 2 - Lots 32 through 59 (Infrastructure nearing completion).
Unit 3 - Lots 60 through 73.
Unit 4 - Lots 74 through 90.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
.
Unit 5 - Lots 91 through 105.
Unit 6 - Lots 106 through 159
Unit 7 - Lots 160 through 165.
The final map for Unit I, Tract No. 16509-1 was approved on October 4,2004, and recorded on
October 18, 2004. The final maps of Units 2 and 3 were approved on May 16, 2005. The final
maps for Unit 4 and Unit 5 were approved on September 6,2005.
The original expiration date of the tentative map per Subdivision Map Act (SMA) 66452.6(a)(I)
would have been 24 months after its approval, or May 6, 2005. However, according to the SMA
Section 66452.6(a)(I), the expiration of the approved tentative map shall be extended by 36
months from the date of its expiration or the date of the previously filed final map, whichever is
later. The expiration date of the approved tentative map for Tract No. 16509 is now September 5,
2008.
The improvement and grading plans for the entire tract have been prepared and approved. The
rough grading of the entire tract is 100% completed. The Final Map of Tract No. 16509-6 has
been reviewed and found to be substantially in compliance with the Tentative Map and the
Subdivision Map Act. Therefore, we recommend that the Final Map of Tract No. 16509-6 be
approved.
. Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 16509-6 (UNIT 6 - LOTS 106 THROUGH 159)
LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN
UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL
CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAPS; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH
TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor and Common Council find that proposed Tract No.
16509-6 (Unit 6 - Lots 106 through 159), a 54-lot, single family, residential located on the
west side of Northpark Boulevard between University Parkway and the Devil Creek Flood
Control Channel, together with the provisions for their design and improvements, are
consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
University Park, LLC, for improvements in said subdivision tracts as are required by Title
19 of the San Bernardino Municipal Code and the California Subdivision Map Act and
incorporated herein as Exhibit "A." The time for performance is specified at 24 months.
Said improvements are specifically described and shown on Drawings approved and on file
in the office of Development Services of the City of San Bernardino.
No. IS
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18 III
RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-6 (UNIT 6 - LOTS 106 THROUGH 159)....WITH TIME FOR
PERFORMANCE SPECIFIED.
SECTION 3. The Final Map of said two subdivision tracts are hereby approved
and the City of San Bernardino hereby accepts as public property all dedications within the
subdivisions as shown on said Final Maps for streets, alleys (including access rights),
drainage and other public easements. As a condition precedent of approval of the Final
Maps, the Subdivider shall first execute the agreements referenced in Section 2 hereof for
the improvements within said Subdivisions.
The City Clerk shall certify the approval and acceptance of the Mayor and Common
Council as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
III
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14 KELLEY
RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO~ 16509-6 (UNIT 6 - LOTS 106 THROUGH 159)....WITH TIME FOR
PERFORMANCE SPECIFIED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the _ day of
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
Her lL
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Exhibit "A"
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
. 2007. by and between the CITY OF SAN BERNARDINO. a Municipal
Corporation. hereinafter referred to as "City," and University Park. 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 No. 16509-6 (Unit 6 - Lots 106 through 159); and,
B. WHEREAS. the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval. which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets. highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, all in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; arid,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereol~ 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 perfornJance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the panies agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence - Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so. granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer Shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Reoairs and Reolacements. 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 Deoosits - 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: Comoliance 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 Municioal Code.
8. Suoerintendence 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
fumish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvements and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least lifty 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 fumishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five pt;rcent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year following the completion
and acceptance thereof against any defective work or labor done, or defective
materials fumished.
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 attomey's fees, incurred by City in
successfully enforcing the obligation secured. The type of security fumished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bemardino Municinal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Allomey.
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I!. 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 foml, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation 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 Liabilitv and Property Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(I) Public Liabilitv 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) Propertv Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or
property damage, shall be written, if possible, on an "occurrence" form
rather than a "claims made" policy. If the insurance policy is written
on a "claims made" policy, then additional cov'erage, 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 Injury - Defined. As used herein. the term "personal injury"
shali be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bnlises, 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 Hamlless/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 hamlless 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 incuITed by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
indirectly, (including from the negligent performance by its officers, employees, agents) from
. the terms of this Agreement. whether such operations/incidents are caused by contractor,
Subdivider or any bf contractor/Subdivider's subcontractors, contractors or by anyone or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Devcloper 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 hamlless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph II hereof.
(b) That the aforesaid hold harnlless 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. Reoair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement. any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
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promptly or in accordance with this requirement. or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair. replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other sen'ices 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, witr 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 \vritten 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 perfornlance thereof within fi\'e
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 III writing, and delivered 111
person or sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, California 92418
(b)
Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c)
Notices required to be given to surety of Subdivider shall be addressed as
follows:
Insurance Company of the West
P.O. Box 85563
San Diego, CA 92186-5563
Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
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AGREEMENT
(Subdivision Improvements)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above wri tten.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
By:
Approved as to fonn:
JAMES F. PENMAN,
City Attorney,
.4..-.
Patrick J. Morris, Mayor
City of San Bernardino
SUBDIVIDER:
University Park, LLC
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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evidence
of satisfactory
to be the person(s) whose name(s) islare
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.
SignaMeorNot
OPTIONAL
Though the Information below is no/ required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reanachment of this form to another document.
Description of Attached Document
Title or Type of Document: Su.b:l i V " 1\ '" ISY\ Jtffi\X li1.em 2 >1:1-:-- ~ r e,e~_
Number of Pages: I. '3
Document Date:
Signer(s) Other Than Named Above: ~
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:+J a..m.aJ '*-n mil y)
Capacity(ies) Claimed by Signer
Signer's Name: C Ja..nv& t2 WaAsOYl
e 1999 I<.iall(mai Notary I\s'OClarlO~ . n50 De SOlO Ave. PO BOI 2402' C~als"'orth. eA 91313-2402' w_,nallOflalnolary,org
P'ocI~,5907
AeorderCaIlTolI.Fr&e1.600.876-6827
_C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com EXECUTED IN TRIPLICATE
Bond No. 2169571
Premium: $3048.00
Subdivision Bond
Faithful Performance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That University Park, LLC as Principal, and Insurance Company of the
West a corporation organized and existing under the laws of the State of California and authorized to transact surety
business in the State of California, as Surety, are held and finnly bound unto City of San Bernardino in the sum of Two
Hundred Fifty Four Thousand and Noll 00 DOLLARS ($254,000.00) for the payment whereof, well and truly to be made,
said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, finnly
by these presents.
_ The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
_ntract dated TBD, 2006, with the City of San Bernardino to do and perform the following work, to wit: Subdivision
improvements for Street, Sewer, Storm Drain, Curbs, Gutters and other OnSite improvements for University Park Project,
Tract 16509-6.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
perfonned under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED and SEALED this 12th day of June, 2006.
Principal:
UNIVERSITY PARK, LLC
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Surety:
INSURANCE COMPANY OF HE WEST
By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of --D. r~(.
On _J l.U\L \ ~ I ?..DOw.
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before me,j( (l iQ'I'LNl. (',\o-a.VC<>.. \j;\1o..r~ Pu.bLi<..
Name and Title D' Oflicer (eg ,'Jane Oi'Je, Notary unlle)
"J t).,>M b. '" R . U.') 0. ,h..cl\'1
Name(s) of S,gner{s!
personally
appeared
tfpersonally known to me
:::; 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.
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I .. NoIcIIy PublIc . CoItomla I
j' Orange County -
_ _ _ ~:~:..~_~2~2~f
place NOlary Seal Above
Signature 0' Notary
OPTIONAL
Though the information below i~ not required by taw. 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 DO,l(ument "J
Tille or Type of Document: 2:luhd..i\lil:.(cSY) p~. ~~ Nil.
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Document Date: ~\.\.'l\.l.
Capacity(ies) Claimed by Sillner(s)
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Signer's Name:
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o Attorney in Fact
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o Guardian or Conservator
o Olher:
Top of ,h;;mb here
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
iop 8f thumb nere
Signer Is Representing:
Cl2004 National Notary ASSOcIation' 9350 De Solo Ave PO BOl( 2402' Chalswortl1, CA 91313-2402
Item No 5907
Reorder: Call TolI.Frel:! 1-800-876-6827
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STATE OF California
]
COUNTY OF Los Angeles
On June 12, 2006 , before me, Carl C. Hossli, Notary Public
(here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact
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 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.
WITNESS myhand and official seal.
Signature c..c......,..e, e.- l~
r-----------J
@ CARl C. HOSSU
_ . ,_. Commisslon # 1393807
~ ... .i Notary Public - California ~
~ . Los Angeles County f
. M'IComm.EopiesJan 14.2007
------------
(SEAL)
This areafvr Officio' Nvtcwial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying .on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
. Subdivision Performance Bond - #216 95 71
TITLE OF TYPE OF DOCUMENT
T1T1..E(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
~ ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 12, 2006
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTlTY(IES)
INSURANCE COMPANY OF THE WEST
UNIVERSITY PARK, llC
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 12/05)
ALL.PURPOSE ACKNOWLEDGEMENT
I.C.W. GROUP
tllNSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Subdivision Bond
(California)
EXECUTED IN TRIPLICATE
LABOR AND MATERIAL BOND
Bond No.: 216 95 71
Premium is included in
the Performance Bond.
Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD, 2006, and identified as project University Park, Tract 16509-6 is
hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal and Insurance Company of the West (hereinafter designated as "Surety") are held and firmly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Twenty-Seven Thousand and
no/IOO dollars ($ 127,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
_asonable expenses and fees, including reasonable allqrney's fees, incurred by Obligee in successfully enforcing such obligation, to
.. awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title IS (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fully performed, then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
By:
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June, 12,2006.
Allest or Witness:
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(~eal)
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By: :
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CA-ICW 47 (7/00)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~
On -J ell," I tel 2Du~,
D3le
personally
appeared
} ss
me, ~rJl..J.. r.hlVi',z ~\.hL\4-?LLioli~
Name and Tille ~t OHw:er (eg.)ane Doe. NOla,*ubhc t
.jo..M4::. t<.. WCl.h5Y\ ___
Name(s) ot Slgner(s)
before
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I. ~ PubIc . Call1omla ~
. Orange CounIy -
_ _ _ ~:a:"':.~_~2~~l
Place Notary Seal Above
)( personally known to me
:J 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 U1e
entity upon behalf of which the person(s) acted,
executed the instrument.
SS my hand and official seal.
I"
\
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 t
Title or Type of Document: La be r a.~
Document Date: JIAv\(. I 2, La 0 log
'\t:~te(,lo..l ~~ ,l1"yJ.NJ.
Number of Pages: \
2J!, CIs 1-1
Signer(s) Other Than Named Above: ---=r €.i"~oQ.. J o.o::.k. ""lSrI
Capacity(ies) Claimed by. Signer(s)
Signer's Name: ~..'I'II.e" fL. lt~CA to:. ,,..,
o Individual
C Corporate Officer - Title(s):
o Partner - 0 Limited Q General
[j Attorney in Fact
'J Trustee
~ Guardian or Conservator
~ Other:
;\\'lru!.<\i.M<\ MI'Mwr
Signer Is liepr'E!senllng:
Il"l!uC';,fy P"11<.,U..C.
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Signer's Name:
C Individual
'J Corporate Officer - Title(s):
:J Partner - 'J Limited 0 General
,~ Attorney in Fact
L.J Trustee
[J Guardian or Conservator
C Other:
AlGI-IT THUMBPRINT
OF SIGNER
Top of thur"'oO here
Signer Is Representing:
02004 Nahona! Notarv Associat,on. 9350 De SOlO Ave P 0 Bo~ 2402 . Chatsworth, CA 91313-2402
Ilem No 5907
Recrder Call Toll-Free 1.800.876.6827
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STATE OF California
COUNTY OF Los Angeles
]
On June 12,2006 , before me, Carl C. Hossli, Notary Public
(here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact
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/shelthey executed the same in hiSlher/their authorized
capacity(ies), and that by hiSlherltheir signature(s) on the insfrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
~e._ h....1L
~------------
@ CARL C. HOSSLl
_ Commission' 1393807 ~
~ ,-. Notary Public - California f
~ . Los Angeles County f
'. MyComm.E"Pi'esJon 14. 2OJ7
------------
(SEAL)
This area for Ojjicial No/arial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Subdivision Payment Bond - #216 95 71
TITLE OF TYPE OF DOCUMENT
TllLEtS)
o PARTNER(S)
o LIMITED
o GENERAL
One
~ ATTORNEY.iN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 12, 2006
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
INSURANCE COMPANY OF THE WEST
UNIVERSITY PARK, llC
SIGNER(S) OTHER THAN NAMED ABOVE
10,1232 (REV. 12/05)
ALL.PURPOSE ACKNOWLEDGEMENT
I
1---
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I
'0.0004142
lew GROUP
POM-'rr of Altoroe)'
Insurance Company of the West
The Explorer Insurance Company Independence Casually and Surety Compan~'
OW ALL. MEN BY TlIFSE PRESENTS: That Insurance Company of lh~ \Vest a Corpor31ion duly or~anized under Ihe laws oflhe State of California, The
Explorer InslLrance COl1lp;'ll~. a Corporation duly organized under the laws of the Slal~ of Arizona. and Independence Casualty and Surety Company. a Corporation
duly org;l11iz~d under tt.,~, b ,',,, of the Sl:lte llfTexas. (colJccti n:ly referred to as Ihe "Comp:mies"), do herehy appoint
TERESA I. .I.\CKSO'. CARL C. HOSSlI. e"DY K. HE'RY. DOUGLAS H. JUDSO'
I
I
their 1m: and lawful All'llll.:y{s)-in-Facl witb authority (I) dllle. execute. sig.n. seal. and delher on beltalfoflhe Companies. fidelity and surety.bonds. undertakings.
and \)(her silm]ar nmtra\t~ ~;l suretyship. and any rdat~d dt'\Cuments.
III \~itness .,. I'L'Il"'l: the Companies have caused these presents to be executed by its duly authorized ofiicers this 16th day of January, 2001.
q.. \NS(lIf..,
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;;: SEAL n
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I'SUR~:'ieE eOMPA'Y OF THE WEST
THE EXPLORER "SURA:'iCE eO~IPA'Y
"DEPE'DE:'iCE CASUALTY A'D SURETY
emIPA'Y
,
;
~
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1'1;' . /.1 .
'r,-,4-C/tAAfJ'
. ,
Jo]m H Cr;li~, Assistant Secretary
Jolm L Hannum. Executive Vice President
State\lfCaliti.>mia
County of San Diego
ss
On August :'''. '::!Il1:,. hefore me, FranCIS Fataul. Notary Public, personally appeared John L Hannum and John H. Craig. personally kno\\,l1 to me to be
the p<rsnns whose llal1l..'_~ :Jr~ subscribed to the within instrument. and aclolO"..-ledged to me that they executed the same In their authorized capacities, and that by
their signatures on the ilbtrulnent. the entity upon behalfof which the persons acted. executed the instnlmellt.
Witness my hand and official seal.
FRANCIS FAFAUL I
COMM. #14717841
NOTARY P\JIUC..cAIJfOIIM
SAN D1EGO~
~~
Do .
{ri
Francis Fafau!. Notary Public
RESOLUTIONS
This Power of Attome~ i" ::,:ranted and is signed. sealed and nt,)tadzed with facsimile signatures .::and seals under authority of the lollowing resolutions adopted by
the respective Boards of Diro,:'l:tors of each of tile Companies: '
"RESOLVED" "11\3t the President. an Executhe or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary. arl'!ler.:by authOrized to ex.eeute Powers of Attomey appointmg the person(sI Ilamed as Attomey(sHn-Fact to date. execute. sign.
:>eal. and dcl:\t:r tin hehal r orlhe Company. tidelity and surety bonds. undertakings. and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures ortbe officers making the appointment. and the signature of any officer certifying the validity
and CUITent ,;l;\tus of the appointment. Illay be facsunile representations of those signatures; and (he signature and seal orany notary. and the
seal of the CI\IHI':my. may be faCSimile representations of those signatures and seals. and such facsimile representations shall have the same
force and elkcl ;l.~ if manually affixed. TIle tacsimile representations refelTed to herein may be affixed by stamping. printing. typing. or
photocopyjn~ ,. ,
CERTlFICAIT
I. the undersigned. A~sisl~fll Secretary M Insurance Company of the West. The E_'plorer Insurance Company, and Independence Casualty and Surety Company. do
hereby certify that the I;'r,,:~ulng Power llf Attorney is. in nlll force and effect. and has not been revoked. and that the above resolutions were duly adopted by the
res~cti'..e Boards ofDin.'c(\t!-i ottlle Compames. and are now in full !j,)rce.
IN \\'ITNESS WHEREOf. IllaVe set my hand this
12th
dayof
June
2006
~~
John H. Craig. Assistant Secretary
To verify the authenticity ,)!.thi$ Power of Allomey you may call] -XOO-X77.1111 and a~k fOrlhe Surety Division. Please refer to the Power of Attorney Number.
the al:llIVe named illdi~idu,lh ~I and det<llls of the bond to which Ihe power is attached. For infonnation or filll1g claims. pkase contact Surety Claims. fCW Group.
114:'5 El Camino Real. S<l11 Piego, CA 92130-2045 or call (:-(5Xj 350-::400
a.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
D EXPLORER INSURANCE COMPANY
D INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EI Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Executed in Triplicate
Bond No. 2169572
Premium: $2604.00
Subdivision Bond
Faithful Perfonnance - Public Works
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS: That University. Park, LLC as Principal, and Insurance Company of the
West a corporation organized and existing under the laws of the State of California and authorized to transact surety
business in the State of California, as Surety, are held and finnly bound unto City of San Bernardino in the sum of Two
Hundred Seventeen Thousand and No/IOO DOLLARS ($217,000.00) for the payment whereof, well and truly to be made,
said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, finnly
by these presents.
a The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
"'ntract dated TBD, 2006, with the City of San Bernardino to do and perform the following work, to wit: Landscaping-
Landscaping Maintenance for University Park Project, Tract 16509-6.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
perfonned under said contract, then this obligation shall be void; otherwise to remain in full force and effect. .
SIGNED and SEALED this 12th day of June, 2006.
By:
1 ;/ .~
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~T '1 .' J I '/ V
Ja~SI . Watson, Managing Member
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Surety:
INSURANCE COMPANY OF THE WEST
Principal:
UNIVERSITY PARK, LLC
By: '.j7.:...i/
Tefl: I. Jackson
Attorney-in-fact
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ---111t~-
On .sJ\lJ\~. i Wi 7...f\DG,
Date
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){personally known to me
:= 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.
Though the information below is not required by Jaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
OPTIONAL
Description of Attached Document
Title or Type of Document: 841::>0\\'11'" I 0"1'\1) ~ I 'O.:...J. N~. .2..\ l.> 'I '5 7-1.
Document Date:
0u.t\L 11, l..OOlD
Signer(s) Other Than Named Above: ,e.o( e;:,D- '~ J iA C kSoY\
Number of Pages:
l
Capacity(ies) Claimed by Signer(s)
Signer's Name: Ju llU'" {(. w"h,<<\
CJ Individual
LJ Corporate Officer - Title(s):
.~ Partner - CJ Limited = General
'u Attorney in Fact
:.......J Trustee
'-' Guardian or Conservator
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Signer Is'l=lepiesenting:
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Signer's Name:
[J Individual
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G Partner - [J Limited [J General
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Trustee
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RIGtiT THUMBPRINT
OF SIGNER
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Signer Is Representing:
L
'D 2004 Nahonal Notary Associahon. ;DSO De SOIa I<ve PO Sox 2.:102' Chals'IIor1h, CA 91313-2402
Item No 5907
Reorder Call Toll-Free \.800.876.6827
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STATE OF Calitomia
COUNTY OF Los Angeles
]
On June 12,2006 , before me, Carl C. Hossli, Notary Public
(here insert name and til/e of the officer), personally appeared Teresa I. Jackson, Attorney in Fact
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/rhey 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.
WITNESS my hand and official seal.
Signature (' (I. ... L. I ~..:
(SEAL)
This area for Official No/arial 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
Subdivision Performance Bond - #216 95 72
TiTLE OF TYPE OF DOCUMENT
TITlE(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
I!'l ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 12, 2006
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASQNiSI OR ENTITY(lES)
INSURANCE COMPANY OF THE WEST
UNIVERSITY PARK, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 12/05)
ALL-PURPOSE ACKNOWLEDGEMENT
I.C.W. GROUP
181 INSURANCE COMPANY OF THE WEST
aJ THE EXPLORER INSURANCE COMPANY
W[J INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 ELCAMINO REAL, SAN DIEGO, CA 92130
P.O. BOX 85563 SAN DIEGO, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Subdivision Bond
(California)
EXECUTED IN TRIPLICATE
LABOR AND MATERIAL BOND
Bond No.: 216 9S 72
Premium is included in
the Performance Bond.
Whereas, City of San Bernardino, State of California (hereinafter designated as "Obligee"), and UNIVERSITY PARK, LLC
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated TBD. 2006, and identified as project University Park, Tract 16509-6 is
hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good
and sufficient Payment Bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said Principal an(llnsurance Company of the West (hereinafter designated as "Surety") are held and firmly bound
unto the Obligee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred EightThousand Five
Hundred and noli 00 dollars ($ 108,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
~d reasonable expenses and fees, including reasonabl~ attorney's fees, incurred by Obligee in successfully enforcing such obligation,
.. be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond by fully performed. then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June, 12, 2006.
Attest or Witness:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
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County of U '\ (l;~t...
On c.J,,^-~ \ lJ \ t..LLu,
Date
before me,
personally
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appeared
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Name and Title of Ofhcer le.g ,"Jane Dce. NOlar/pUbliCJ
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Name(s) 01 Slgner(s)
)0;" personally known to me
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Place Notary Seal Above
=' 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.
my band and official seal.
('\
SIgnature 01 No
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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 Docurnt n1
Title or Type of Document: a. bK LL .
Document Date:
Juyu \ 2-. L(\n t.
M",,-~~.(\aJ.b=i 1'8""j N" JJ lR q 5" '7 ')..
Number of Pages:
Signer(s) Other Than Named Above: ----=re.( eSo... J~k:.~.,y'\
Capacity(ies) Claimed by Si9ner(s)
Signer's Name: .In.~,;, 'fL lJ.h:\-",SVI.
u Individual
'-' Corporate Officer - Tllle(s):
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l..; Attorney in Fact
~ Trustee
o Guardian or Conservator
C>ol Other:
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RIGHT TIiUMBPRINT
OF SIGNER
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Signer's Name:
u Individual
, , Corporate Officer - Title(s):
o Partner - 0 Limited C General
[] Attorney in Fact
~ Trustee
o Guardian or Conservator
Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
'~2oo4 NatIonal NOlary Association' 9350 De Selo Ave" PO Box 2402 . ChaISwof1h, CA 91313.2402
Item No_ 5907
Reoruer Call Toll-Free 1-800.876.6827
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STATE OF Califomia
]
COUNTY OF Los Angeles
On June 12,2006 ,before me, Carl C. Hossli, Notary Public
(here inserf name and fifle of the officer), personally appeared Teresa I. Jackson, Attorney in Fact
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 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 behelf of which the
person(s) acted, executed the instrument.
WITNESS mY,hand and official seal.
Signature ( . .
~ 4-lk:,
~------------ .
~ CARLC.HO~
_ ' CommiSSlon # 1393807 J
~ ,-" I Notary Public - CaRfomlo 7~j
'I \. Los Angeles County
, .' MyComm.Expires.la114.2007
(SEAL)
This arealor OJJkial No/arial Seal
.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFiCER
Subdivision Payment Bond - #216 95 72
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
~ ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 12, 2006
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTITY(IES)
INSURANCE COMPANY OF THE WEST
UNIVERSITY PARK, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 12/05)
ALL.PURPOSE ACKNOWLEDGEMENT
"
ICW GROUP
I Po,,"er of Allorney
. Ins...nc. Comp.ny of ,h. woo.
The Explorer Insurance Company Independence Casuah)" and Suret,.. Compan)"
.a. KNOW ALL MEN BY! 'II-SE PRESENTS: 1l1al In:-;\Irnnce Company of the West. a Corporation duly organized under the laws of the State of California. The
.. Explorer Illsllrance Camp,lll;.. a Corporation July orgallizedullder the taws of the State of Arizona. and Independence Casualty and Surety Company. a Corporation
I duly org,,,,z.d under th,- 'CO,"~ of'h, S"" ofT '''S. "011"" "Iy ref,rr,d 10 as the "Co"'p,.,es",. do hereby 'ppo""
TERES.-\ I. .J.-\CKSO'. CARL C. HOSSLI. CI'DY K. HE'RY. DOUGLAS H, JUDSO'
~o. 0004141
their true and lawful At1<"lll'vlsJ-in.Fact \\ith ~llltborilY It) dale. execute. sign. seal. and deliver on behaliofthe Compames. fidelity and stlrely bonds. undertakings,
and nther similar COlHra~':-" ,~r surelyship. and ~ny reJaleJ dO';lllllents
:ll -",jic;,ss \\ h<.:r~'()( the Companies hJ\'e caused these presellls!O be ex.ecuted by its duly authorized officers this 16th dayof January. 2001.
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I~SURA~CE COMPA~Y OFTHE WEST
THE EXPLORER "SUR~~CE CO~IPA'Y
"DEPE~DE'CE CASUALTY A'D SlJRETY
COMPAIW
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John H Crail!. Asitislanl Secretary
John L Hannum. Executive Vice President
State ofCalitolllia
Counly orSan Diego
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On August '::'J. :::l.II15. beflue me, Francis Fataul. Notary Public, personally appeared John L. Hannum and 10hn H. Craig. personally kno....'O to me to be
the persons v. hose namc.,,; :Jr<: subscribed 10 the within instnllllent. and acknowledged to me that they executed the same in their authorized capacities. and that by
their signatures on the instrument, the entity upon behalf of which the persons acted. executed the instmment.
Witness my hand and official seal.
FRANCIS FAFAUL I
COMM. #1471794 H
IClTARY PIIlUC..cAU'OAIM
SAN DlEG05
1Iv~....IT~
FE8Al.IMV as. .
~
Francis Fafau]. Notary Public
RESOLUTIONS
This Power of Attvme~ is t2ranted and is signed. seated .and notarized with facsimile signatures ~nd seals under authority of the following resolutions adopted by
the res~ctjve Boards of l>irl'ctors of each orthe Companies:
"RESOL YEn: "nlat the Presidenl. an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary. are 1](.'1'd:1)' authorized to execute Powers of Attorney appointmg the person(s) named as Allomey(s)-in-Fact 10 date. execute. sign,
St:31. and dell \cr nn behalf ot'the Company. fidelity and surety bonds. undertakings. and other similar contracts of suretyship. and any related
documents.
RESOLVED FllrnHER: 1113t the signatures of the ofticers making the appointment. and the signature of any officer certifying the validity
and current ,1;1I',IS of the 3ppumtmellt. may be lacsimile representations oftho.se signatures: and the signature and seal of any notary. and the
seal ofth.: ("'Inrany. may be iacsimile representations of (hose signatures 3ud seals. and such facsimile representations shall have the same
torce and en~~t ~h if l11.'\llually allixed. The facsimile representations relerred to herein may be affixed by stamping. printing. typing, or
photocopyin:::, ,.
CERTlFlCA TE
I. the undersigned. Assi';'(;lIl\ Secretary of Insurance Company of the West, The Explorer Insurance Company. and Independence Casually and Surety Company, do
hereby certify that the h'Tc-.slling Power of Attorney is in full torce and effect. and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards ofDin.>~'I\lr3 of the Companies. and are 110\\ in nlll force.
12th
day of
IN V,'ITNESS WHERE( iF. I Ilave set Ill)' hand IhlS
June
2006
~~
John H. Craig. Assistant Secretary
To verify the authentici')' \IIthls Power of Allomey YOII may call I.XOO-X17-1111 and ask for the Surely Division. Please refer to the Power of Attorney Number,
the above named IIldi\ iJlI:d!.;.) and details of the oomltll which the power is attached. For intormation or tiling claims, please contact Surely Claims, lCW Group,
] ]455 El Camino Real. :":111 Diego. CA 9~130-:~045 orcal! (X5X) 350-1.:100.
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I.C.W. GROUP
~ INSURANCE COMPANY OF THE WEST
o EXPLORER INSURANCE COMPANY
o INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
P.O. BOX 85563, SAN DIEGO, CA 92186-5563
(858)350-2400 FAX (858)350-2707
www.icl\.2.rOUD.Com
EXECUTED IN TRIPLICATE
BOND NO. 2169570
PREMIUM S 194.00
MONUMENT BOND
WHEREAS, UNIVERSITY PARK, LLC, hereinafter designated as "Developer", desires 10 record
a final map for the developmenl identified as: University Park, Tract 16509-6 (Unit 6 - Lots 106 through
159).
WHEREAS, pursuant to Article 9, Chapter I, Division 2, SUBDIVISION, of the Government
Code of the State of California, the interior monuments shown on said final map need not be set at the time
the map is recorded and said "Developer" wishes to have the interior monuments set after the time the map
is recorded. Said "Developer" agrees to furnish a security guaranteeing the cost of setting such monuments.
NOW, THEREFORE, We, the "Developer" and INSURANCE COMPANY OF THE WEST, as
Surety, are held and finnly bound unto the CITY OF SAN BERNARDINO in the penal sum of$ 16,200.00
(Sixteen Thousand Two Hundred and Noll 00 Dollars), lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, finnly by these presents.
The conditions of this obligation is such that if the monuments are set on or before TBD, 2006 and
the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become
null and void. Otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the amount of deposit specified above,
it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney's
fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the tenns of the agreement or to the work to be perfonned thereunder of the specifications accompanying
the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the tenns of the agreement or to the work or to the
specifications.
IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above
named, on June 12,2006.
UNIVERSITY PARK, LLC
By James R. Watson, Managing Member
INSURANCE COMPANY OF THE WEST
l
t-i..'C _-L
Ter a . Jackson
Attorney-In-Fact
APPROVED AS TO SUFFICIE CY:
I
, ,
Director of Public Works
CA-ICW 30 (7100)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of C)V'Q..w). ~
6
On ~u.~ 110 I 2..fJC1. ,
D,1!e
personally
before
} ss
7n{ '-1\.'<\4 ~"e.l:. Pl.l61,L
Name and Tille ot Olllcer ie g.. 'Jane ()Qe Notary Pu Ie)
me,
Nameis) of Slgner(Sl
R.. WJcs~
~ersonally known to me
:J 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 tl1e
entity upon behalf of which the person(s) acted,
executed the instrument.
1';---
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W~y hand and official seal.
"1<nJ.iJ ~ C1t1 ~. /
OPTIONAL S'9nature of Notarv Public .\1"
Though the information be/ow 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.
place NOlary Seal Above
Description of Attached Document A^ .. _ ..L -;,. .1 -;') .J i I
Tille or Type of Document: e...j lSY\ U ~ -.J;2~, ..p/l"I1, 0. NO.
Jv..~ 12) 1M14
Document Date:
~ /In /15"-10
I
Num~er of Pages:
Signer(s) Other Than Named Above: ~ {'~ ~ <Jo..c.\:;!:'Ot'l
Capacity(ies) CllIimed by Signer(s)
Signer's Name: \)lU/Iuo f- lA \~ ClYI
u Individual
[J Corporate Officer - Tille(s):
LJ Partner - [J Limited CJ General
[] Attorney in Fact
~ Trustee
-. Guardian or Conservator
)f Other:
Signer Is Represenling:
I../I\i"UI::~y R....I:.. II f
Signer's Name:
~ Individual
~ Corporate Officer - Tille(5):
o Partner - LJ Limited CJ General
LJ Attorney in Fact
'.....J Trustee
:J Guardian or Conservator
::J Other:
Top of thumb ne'e
RIGHT THUMBPRINT
OF SIGNER
R1GtfT THUMBPRINT
OF SIGNER
TOO Of thumb here
Signer Is Representing:
~ 2004 Nat,onal Notary Associatton. 9350 De SOlO Ave. P,D Box 2402 . Chalsworth, CA 91313.2402
Item No_ 5907
Reorder. Call Toll-Free 1.800.876.6827
e
e
e
STATE OF California
COUNTY OF Los Angeles
]
On June 12,2006 , before me, Carl C. Hossli, Notary Public
(here insert name and title of the officer), personally appeared Teresa I. Jackson, Attorney in Fact
personally known to me (or proved to me on the basis of satisfactory evidenoe) to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that helsheAhey 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.
WITNESS my hand and official seal.
Signature ~. d. .e"..... k
r-----------I
@ CARL C. HOSSU
_ ' Commission' 1393807
! ,';,~ ~ .' Notary Public - CoIltomla ~
~ . ...~ . Los Angeles County t
'. . MyComm.Expires,Jm 14.2007
~ - - - - - - - - -
(SEAL)
This area for OJficial Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIViDUAL
o CORPORATE OFFICER
Monument Bond
TITLE OF TYPE OF DOCUMENT
T1TlE(S)
o PARTNER(S)
o LIMITED
o GENERAL
One
~ ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 12, 2006
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONtS) OR ENTITY(IES}
INSURANCE COMPANY OF THE WEST
UNIVERSITY PARK, LLC
SIGNER(S) OTHER THAN NAMED ABOVE
10.1232 (REV. 12/05)
ALL-PURPOSE ACKNOWLEDGEMENT
1---
:\0. 0004142
ICW GROUP
'.' POYoer of Attorney
Insurance Company of tbe \\ est
The Explofrf Insurance ('ompan) Independence Casually and SUrel) Company
KNO\\ -\lL MEN B'r 1111 SE PRESENTS That In5urance (ompany of the \\ est. a Corporal10n duly organlzed under the laws of the State of Cahfornla. The
Explorer Insurance ( Oll'r ,I', a ( orpOr3tlOn duly orgalllzed under the lav.s oflhe State 01 Arizona. and Independence Casualty and SurelY Company. a Corporation
I dul:- Of,:!.llllZed under II' ;J ~ ollhe Sf3!\: 01 Tex:h. (ClllkctJ\':!\ refeneJ to a<: lhe "COmp30JeS"). do hereb~ appOint
TERES' I. I \CI.:SOS. C'RL C. HOSSLI. CISDY K. HDRY. DOUGLAS H. Jl'DSOS
their true and lawful Ai("I~K'y(s)-ill-Fact with authority \0 dale. execute. sie.'T1. seal. and delj\er on behalf Mthe Companies. fidelity and surety bonds. undertakings,
and other ~Ir.'il";l ':cr-lrJL'h "I ~lIrety~hip. and <lny related dOC\llllent~.
In witne:,~ \\!l':1 ,>tl( the C01llpallie~ have c:1used these presents to be executed by its duly authorized officers thi:, 16th day of January. 2001.
q. \"SUIf..., .' :0-1 ~'l \\'"
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I:-;SURA:-;CE CO~IPA:-;Y OFTHE WEST
THE EXPLORER I:-;SURA:-;CE COMPA:-;Y
I:-;DEPE:-;DE~CE CASUALTY A:-;D SllRUY
CO~IPA:-;Y
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John H ('raig. A~sist3nt Secretary
r
\,
John L Hannum. Executi\'e Vice President
State of Calitomia
CounlY of San Diego
'is.
On Allgust .>'. ':11(15. before me. Franci~ Fafaul. Notary Public. personally appeared John L. Hannum and John H. Craig, personally knov-n to me to be
the persons whose naml'~ ar(' subscribed to the within instrument. and acknowledged to me that they executed the s::lIne in their authOrized capacities. and that by
their sIgnatures on the instrul1\ent. the entity upon behalf of which the persons acted. executed the instmmenL
Witness my hand and official seal.
FRANCIS FAFAUL I
..Jf~~iM~~~ II
SAN D1e~~ !J
Mvc.....T ~,___
FEIIfllJARY.. .
~
Francis Fafau!. Notary Public
RESOLUTIONS
111is Power of AlIomey i:, .;::mnted .and is signed. sealed al)J notarized with facsimile signanlres and seals under authority of the following resolutions adopted by
the respecti\t: Boards of r )1n;'i.:tors of each of the Companies:
"RESOLVED' 'nlat the President. an Executi\e or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary. art' lu::r..-by authorized to execute Powers of Attorney appointing the person(s) named as Attomey<sHn-Fact to date, ex.ecute. sign.
seal. and delnL'!" \'11 behalf of tile Company. fidelity and surety bonds. undertakings. and other similar contracts of suretyship. and any related
documents
RESOLVED FURTHER: 11131 the signatures of the officers making the appointment. and the signature of any officer certifying the validity
and current "'1~111.1S of the appointment. may tie facsimile representations of those signatures; and the signature and seal of any notary, and the
seall\f the C')Il~p.lnY. may be facsimile representations of those signatures and seals. and such facsimile represenlations shall have the same
force and efk'ct :IS if manually affixed The facsimile representations referred to herein may be affixed by stamping, printing. typing, or
photocopying_ ,.
CERTIFICATE
1. the undersigned. Assi'<I..lllt Secretary of Insurance Company of the Wesl. The Explorer (nsurance Company. and Independence Casualty and Surety Company, do
hereby CCltifY that the r''-lrl':,,,lIIg Power of :\uomey is in filll force and effect. and has not been revoked. and that the abo....e resolutions were duly adopted by the
respective Boards of Dirt"i.'lul-" of the Companies. and are now in fulllorce
12th
day of
IN WITNESS WHEREf IF. I ha\e set my hand this
June
2006
~~
John H. Craig. Assistant Secretary
To verify the authenticity "I-this Powt:r of Attorney YOIl may callI ~OO-X77-111I and ask fllr the Surety Diviilion. Please reler to the Power of Attorney Number,
the above named indi\'i,hl:ll(~\ and details of the bond to which the power is attached. For information or tiling claims. please contact Surety Claims. JCW Group,
l. ~':~~c~mmo R"I.~,~)"go, C, 92~O"04<_~~a~IX_<X'1<O"400