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HomeMy WebLinkAbout17-Development Services e e e CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving Final Map for Tract Map No. 14881 located on the northwest comer of Ohio A venue and Chestnut Avenue. Dept: Development Services Date: July 24, 2007 File No.: TR No. 14881 MCC Date: August 20, 2007 Synopsis of Previous Council Action: None. Recommended motion: Adopt resolution. ~(/.~ Valerie C. Ross Contact person: Lynn Parker, Sr. Civil Engineer Phone: Ext. 5110 Snpporting data attached: Staff Report,.Reso, Agreement & Map Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Ace!. Description) Finance: Council Notes: Agenda Item No. 3/~/07 /1 ~~f~~ } -,~~*~~I' ::' e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution approving Final Map for Tract Map No. 14881 located on the northwest comer of Ohio Avenue and Chestnut Avenue. Backl!:round: On May 16, 2006, the Planning Commission approved Tentative Tract No. 14881 for 15 lots. The developer, Sant Development, has posted the required bonds and insurance and has executed the standard Subdivision Agre"ment to guarantee the construction within 24 months. Greystone Homes, LLC is the owner of the property known as Tract 14881. Sant Development Corp. is the general contractor for Greystone Homes and is responsible for obtaining all improvement approvals, bonds, development loans and construction of the project for and in behalf of Greystone Homes. Dennis Sant, President of Sant Development Corp., is also the managing partner of Greystone Homes. AIl conditions for map recordation have been satisfied. Financial Impact: None. Recommendation: Adopt resolution. 2 08108107 3:08 PM e . t' ~/ p. -I' ""'1?- "fIVI""'''',, ',~RPIII 1'1011:;.11 ..:...,41' ""../ "'" / 1';;--", ". ,,:'. ~ ' #l&F,J ~"'V1' '" ~. ....'" '"' "" ",,' ,'" ". <>i. "'. .-: "-if' ... SI"',,, " <<. '" '~\"" ~, ~ f" /+ , j' ''''',~, ,~,:!, ,:" II ()h/'I;;'':; ; ~'Sr- l/). '". ~\~;r ", <] }j., . ff ~.' o. , -j ,0'-", "';::'.", """ i <; -", .' "-'" is' " , { '/'~~'~ { ;if4}~,s:,~: if ~.' ".R~ /--!!.41tr / I~ "'~/4V <l: / ~"~'~ ' """"" '" ;. ::;.. . - ~-s-r ~ ~^" . / . -""f ~,"'L_____-'Tc~. ~. ,; ":;;~f:'" S, . ".8:+-:..-~ 8.'A6 ~!i:-' "..::' "$ ~,.s> "",a,.<, "'.' u.~-'O~ ". "~~'~ '<'t .,. " _':", "~ ~," ,~, ~''c f ~ "", II 4<'...",,"" ! -le,~. ~''i'. ',~ "'~ "!>,..;;;"", . "4< '< ~i"'" ". "'_ 4< 1<c,~" 'l>: ~!>""''-', +/$ +t/ t ~ ~ .o'! -"'~'! ~ ~.'" "'" n.. ". J,t . ,:~" t' ~ $ '":" S-~'" '.,~O <:;. "".(... '.+~" ~ elj j+ " .\ ~..,4<" '''P.~. 4<~6~".f~.../,I \~. ~.. ---4r~:., - . 4' "'..... "~. b.;-.... "-, I' , 0 "', S',., 'Y'b ~ , _ . . < Go...., f ';, ..";,- ~--..... -"'~II I \. \'i! t"..... "" 1;,. 4< ~ 'j is' $- ....\ ". ~..t'~ .~, St,~ I''':t, ~ % liZ""'" ".:' : ~'>> \\~~ S"8' ,4< e ;", / (... 'V -'l,,~>;;_/ " <~. ,<; _.:::-/.:+;.... -S'. ~:,."['~ ....", ..... ... -i'l, tot"" ~: "",<~. ,; '1.1' <. i ,> , ~ ~ ~ ",j,~ ....:t'.-.; 4< T ~~ " ~ :; e I .. 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14881, LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES 4 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC 5 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 6 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No. 14881, 10 located on the Northwest comer of Ohio and Chestnut Avenues in the RL, Residential Low land 11 use district, together with the provisions for their design and improvement, IS consistent with the 12 General Plan of the City of San Bernardino. 13 14 SECTION 2. The City Manager of the City of San Bernardino is authorized on behalf of said City to execute the standard form Subdivision Improvement Agreement with Greystone 15 16 Homes II, LLC, attached hereto as Exhibit A, for the improvements in said Tract Map as are 17 required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map 18 Act. The time for performance is as specified in the Agreement. Said improvements are 19 specifically described and shown on Drawings approved and on file in the office of Development 20 Services ofthe City of San Bernardino. 21 22 SECTION 3. The Final Map of said Tract VJap is hereby approved and the City of San 23 Bernardino hereby accepts as public property all dedications within the subdivision as shown on 24 said Tract Map for streets, alleys (including access rights), drainage and other public easements. 25 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the 26 27 28 4/1 g - clD .07 I 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14881, LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES 3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC 4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 5 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 6 7 agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. 8 The City Clerk shall certify approval and acceptance of the Mayor and Common Council 9 10 11 as set forth in this Resolution. SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute 12 it within sixty (60) days of the passage ofthis Resolution. 13 /1/ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14881, LOCATED ON THE NORTHWEST CORNER OF OHIO AND CHESTNUT AVENUES 3 IN THE RL, RESIDENTIAL LOW LAND USE DISTRICT, ACCEPTING THE PUBLIC 4 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID 5 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 6 7 8 Common Council of the City of San Bernardino at a I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof, held 9 on the day of 10 Council Members: 11 ESTRADA ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 18 MC CAMMACK 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 22 ,2007. 23 - ---~ Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City ttorney 26 27 .~ 28 3 AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of ,20_, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tt-a.c;f' Jl1t1~o-/ltgg 1 ; 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. I r---~-- ---- NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: I. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 2 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence bv Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 9. Inspection bv Citv. 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 Securitv. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (I) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's Compensation Insurance/Emplover'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 cach 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 5 maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public 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 ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Propertv Damage Insurance. In an amount not less than One Million Dollars ($ I ,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 0 f 6 cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (I) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor( s) and subdivider(s). (4) Personal 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 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 ofthe cancellation or reduction 7 in coverage of any policy during the effective period of this Agreement. 13, Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor 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) ti'Olil the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 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 harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance hereunder. 14. Title to Improvements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Repair or Reconstruction of Defective Work. If, 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 9 promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdiyision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that it the surety, within five days after the 10 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 fj\C 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: Greystone Homes II, LLC 617 N. Poplar Street Orange, Ca 92868 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: r:11~lAYar,uvGw.fony OT-UtI [lJ~ LJlfss ~I DH11i'hO ~l, s."hDJ"l)CAq.l:J30-20~ 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. 11 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal representatives, Sllccessors, 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 Fred Wilson, City Manager City of San Bernardino Approved as to form: SUBDIVIDER: . / . -- 1- f'Pl.s/~~.e /~~~.1J J-.&:/ By -W1u.jrlJ~ By: JAMES F. PENMAN, City Attorney, 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . . . . . . . . . . . . . . . . . lie"'" ANGELA H. SHEPHERD ~ ~ . COMM. # 1655356 =; ::i . NOTARY PUBLIC CALIFORNIA ~ ;: ORANGE COUNTY '" j~ . . .. .. ~ ~o~m~ ~i~~ A~ril..27~ 2~1~ It WITNESS my hand and official seal. ~4. ,j(. JJ~~ cI , Sigitature fNotary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Al!I'eement Title or Type of Document D PARTNER(S) D LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV ATOR [3 OTHER: Managing Member Tbirteen(] 3) Number of Pages not stated Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) Greystone Homes II, LLC Signer(s) Other Than Named Above CA-JeW 24 (7/00) AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of ,20_, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter referred to as "Subdivider." RECIT ALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled ~fLlJfr}, Ilf~ <61___; 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 ofthe 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. NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City, the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the Plans and Specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and Specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence - Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 2 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utilitv Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence bv Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider.., 3 9. Inspection by City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty ofthe work for a period of one (I) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 II. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's Compensation Insurance/Emplover's Liabilitv 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 Propertv Damage Insurance. Subdivider shall take out and 5 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 6 cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (I) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor( s) and subdivider(s). (4) Personal Iniury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction 7 in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attomey's/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. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance hereunder. 14. Title to Improvements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. Repair or Reconstruction of Defective Work. If, 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 9 promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that it the surety, within five days after the 10 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 Manager City Hall 300 North "0" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Greystone Homes II, LLC 617 N. Poplar Street Orange, Ca 92868 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: J::i,5,UY"ClJ'lce,; CmttpaYlY t:3f- ~ We-d- liltS';; E/ (AW1/'hnR~l, )at\f)'ftJo CA q1-l?>o-2DZl5 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. 11 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal representatives, successors, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: CITY OF SAN BERNARDINO By: City Clerk Fred Wilson, City Manager City of San Bernardino Approved as to form: ,t SUBDj~>;>I-< ~f L~ By: ~ iM ~4 _W JAMES F. PENMAN, City Attorney, By: 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. & A A A A A A . A _ _ _ . ~ _ _ ~I.,._. ANGELA H. SHEPHERD i~ 2l COMM. # 1655356 ::!: NOTARY PUBLIC CAliFORNIA ~ ;: ORANGE COUNTY 2 '\ My camm. expires April 27, 2010 I~ . . . . _ w . . . . . . _ _ . _ WITNESS my hand and official seal. a~ ..JI ~cI SignatUre of otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Al!feement Title or Type of Document D PARTNER(S) D LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR J8[ OTHER: Managing Member Thirteen(l3 ) Number of Pages not stated Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(JES) Greystone Homes II, LLC Signer(s) Other Than Named Above CA-ICW 24 (7/00) AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of ,20_, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Greystone Homes II, LLC hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presenled to City for approval a final subdivision map (hereafter called "map") entitled _-Ea L/v1p-/io. J If& ~l; and, B. WHEREAS, the map has been filed with the City for presentation 10 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 Specitications are now on file in the Office of the City Engineer ofthe City; and, D. WHEREAS, Council has approved said map and accepted the dedicatIons therein offered, or som.:: thereoC on cundHlon 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 Subdi vision Map Act of the State of California and Title 19 San Bernardino Municipal Code. 1 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map. a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code. 8. Superintendence bv Subdivider. Subdivider shall gIve personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 3 9. Inspection bv Citv. 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 Securitv. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated cost of the improvement and acts to be perfonned as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 4 II. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. (a) Worker's Compensation Insurance/Emplover's Liabilitv 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 ProperlV Damage Insurance. Subdivider shall take out and 5 maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public 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 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of 6 cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (I) year from completion of the project. All subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Iniury ~ Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, or invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City. concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction 7 in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and cause of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly, (including from the negligent performance by its officers, employees, agents) from the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by anyone or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims. demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 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 harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This provision is not intended to create any cause of action in favor of any third party against Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from Subdivider/Developer's performance hereunder. 14. Title to Improvements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. IS. 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 9 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 Citv. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider. or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: Performance bv Suretv 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 10 serving upon of such notice of breach, does not gi\ e 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 Manager City Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Greystone Homes II, LLC 617 N. Poplar Street Orange, Ca 92868 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: I'n~l(rQI1 {A>, C1t1\fur\IJ of tAp,lVl%f '/ mss E I Gl~I1\Cl &tal I 3anJ)ff]Cl CIi q;-I3~-~ 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. 11 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal representatives, successors, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: CITY OF SAN BERNARDINO By: City Clerk Fred Wilson, City Manager City of San Bernardino Approved as to form: SUBDti~~7~ By. ~'. .4Y ~7 ~ JAMES F. PENMAN, City Attorney, By: 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. ........................................ A" ~I.,,,.. ANGELA H. SHEPHERD ~ 1:l COMM. # 1655356 :< ::! NOTARY PUBLIC CAUFORNIA 15 ;: . . ORANGE COUNTY '" 1~ .. .. .. .. ~Y~O~m~e;"~A~ril.27~~1~lt WITNESS my hand and official seal. a~ Jl ~cI Signature of otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment ofthis form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Alrreement Title or Type of Document D PARTNER(S) D LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV ATOR ~ OTHER: Managing Member Thirteen(l3) Number of Pages not stated Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) Greystone Homes II, LLC Signer(s) Other Than Named Above CA-JeW 24 (7/00) I.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 Bond No. 220 72 55 Premium: 4,611.00 Subdivision Bond Faithful Performance - Public Works SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That GREYSTONE HOMES II, 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 firmly bound unto CITY OF SAN BERNARDINO in the sum of TWO HUNDRED TWO THOUSAND, FNE HUNDRED AND 00/100 DOLLARS ($202,500.00) 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, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into an agreement dated n/s, with the CITY OF SAN BERNARDINO to do and perform the following work, to wit: STREET IMPROVEMENTS - TRACT# 14881 - FILE# DP 305-04 NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this 10th day of July, 2007. Principal: GREYSTONE HOMES II, LLC By:--0l..; J tJt- Dennis S. Sant, Managing M=mber Surety: INSURANCE COMPANY OF THE WEST < CA-ICW 28 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July ]0, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ( @ ;.;o~,:.;"~.;.~;..;, J '" COMM. # 1655356 ::;; ~ NOTARY PUBUC CALIFORNIA ~ ~ ORANGE COUNTY '" 1l. . . . ~y~~,:e~~":A~rll.27: ~1~1~ WITNESS my hand and official seal. ~& \11. ~d Signature of otary 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 A TT ACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Faithful Performance Bond 220 72 55- Grevstone Homes 11. LLC Title or Type of Document D PARTNER(S) D LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR [gJ OTHER: Managing Member one(\ ) Number of Pages Julv 10. 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Greystone Homes 11, LLC Judith A. Dickinson Signer(s) Other Than Named Above CA-Iew 24 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California i, County of Orange <> <i On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared ~ Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person ~< whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her ~ authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the (< person acted, executed the instrument. ?! >~ (\ )> ~ ~, " ~ <I ,~ ~< ,> ~ t 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. . A . & & . A . . . . . . . . . . ~ e"'" ANGELA H. SHEPHERD J '" COMM. # 1655356 :E ~ . NOTARY PUBUC CAUFORNIA 13 ~ ORANGE COUNTY '" ~ My comm. expire. April 27. 2010 It . . . . . _ . _ _ . T _ T T _ _ _ WITNESS my hand and official seal. a~~lt Ji x1~d Signature of olary " ~ CAPACITY CLAIMED BY SIGNER >; << D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Greystone Hones II, LLC 220 72 55 - Sulxliyision Bond Title or Type of Document D PARTNER(S) D LIMITED [gI ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: oneIl) Number of Pages July 10, 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST Signer(s) Other Than Named Above CA-JeW 24 (7/00) r" "':."r,.-v.,.. No. ??oo050 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Compaoy Independence Casualty aDd Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, Wldertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of California County of San Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared 10hn 1. Hannum and leffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, 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 instrument. } ss. Witness my hand and official seal. I' a. .., Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, wulertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, 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, am.! the seal of ti.e Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affIXed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety C~mpany, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. nJ.l.. OJ 1 it A IN WITNESS WHEREOF, [have set my band this 1 U '.;I. day of If"'J Jpo 7 d~.dg~ Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. I.C.W. GROUP [gJ INSURANCE COMPANY OF THE WEST o THE EXPLORER INSURANCE COMPANY o 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) LABOR AND MATERIAL BOND Bond No.: 220 72 55 Premium is included in tbe Performance Bond. Whereas, CITY OF SAN BERNARDINO, State of California (bereinafter designated as "Obligee"), and GREYSTONE HOMES II, LLC (hereinafter designated as "Principal") bave entered into an agreement wbereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated N/S, N/S, and identified as project STREET IMPROVEMENTS - TRACT NO. 14881 - FILE NO. DP 3 05-04 is hereby referred to and made a part bereof; 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 IS (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 ONE THOUSAND, TWO HUNDRED FIFTY AND 00/100 dollars ($ 101,250.00), 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 reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the 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 sw:h change, extension, alteration or addition. In witne^, whereof, this instrument has been duly executed by the Principal and Surety above named, on July 10, 2007. Attest or Witness: GREYSTOrHOM~S ~U By: -t. 1-:. Dennis S. Sant, Manag;ip,3.. Member INSURANCE COMPANY OF THE w~T . (Seal) (Seal) CA-JeW 47 (7100) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. ~ ~ . . A ~ ~ ~ . . ~ . . A . . . ~ .._. ANGELA H. SHEPHERD ~ '" COMM. #1655356 ::; ~. NOTARY PUBLIC CALIFORNIA is ;: . ORANGE COUNTY '" 1( . . . . ~ ~~m~ ":,P~~ A~ril_27; 2~1 ~ It WITNESS my hand and official seal. a~ ~~&o:r;l;: cI ,~ ,f , Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment ofthis form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER Labor & Material Bond 220 72 55- Grevstone Homes 11. LLC Title or Type of Document o PARTNER(S) 0 LIMITED o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR [gJ OTHER: Managing Member one! ]) Number of Pages Julv 10. 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Greystone Homes 11, LLC Judith A. Dickinson Signer(s) Other Than Named Above CA-ICW 24 (7100) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ~ 6 . . . 6 6 . A _ _ _ _ _ _ _ _ II {t.... ANGELA H. SHEPHERD J '" COMM. # 1655356 :E ~ NOTARY PUBUC CAUFORNIA 15 ;: . ORANGE COUNTY '" 1~ .. . .. y ~ ~~m~ e~Pi~e~ A~rll..27~ 2?1~ It WITNESS my hand and official seal. f4Lb ~a~1 , (~mlT(ijJ;M~]. .... 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 Greystone Homes II, LLC 220 72 55 - SUbdivision Labor/Material Eo Title or Type of Document D INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D LIMITED [8J ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERV ATOR OTHER: one (1) Number of Pages July JO, 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) INSURANCE COMPANY OF THE WEST Signer(s) Other Than Named Above CA-JeW 24 (7/00) ,It No. 0000050 JCW GROUP Power of Attomey Insuraace Compaay of the West Explorer Insuraace Compaoy lodepeodeoce Casualty aad Surety Compaoy KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of tile State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, Wldertakings, and other similar contracts of suretyship, and any related docwnents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. f~ ~~~ ~%.>~ d~.dg~ Jeffrey D. Sweeney, Assistant Secretary INSURANCE COMPANY OF THE WEST EXPWRER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of California CoWlty of San Diego On JWle 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, 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 instrument. } ss Witness my hand and official seal. ~~I 8 ccr... ~ II ~=I Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals Wlder authority of the following resolutions adopted by the respective Boards ofDirectOJ'j of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretai)', are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, Wldertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, 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 i:hl: seal of the Company, may be facsimile representations of those signamres and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and S~ Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted hy the respective Boards of Directors of the Companies, and are now in full force. IOfb IN WITNESS WHEREOF, I have set my hand this day of ~j~ . JOO7. d-?!7vRg~ Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1.800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individua1(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. I.C.W. GROUP ~INSURANCE COMPANY OF THE WEST DEXPLORER INSURANCE COMPANY DINDEPENDENCE 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 MAINTENANCE BOND Bond No.220 72 55-M Premium $ Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That, GREYSTONE HOMES II, LLC, as Principal, and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO in the sum of FIFTY THOUSAND, SIX HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($50,625.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 10th day of July, 2007. WHEREAS, on the n/s, the said GREYSTONE HOMES II, LLC, as developer, entered into an agreement for Street Improvements - Tract No. 14881 - File No. DP 3 05-04 for the sum of Two hundred two thousand, five hundred and 00/100 dollars ($202,500.00); and, WHEREAS, under the terms of the specifications for said work, the said GREYSTONE HOMES II, LLC is required to give a bond for FIFTY THOUSAND, SIX HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($50,625.00), to protect the CITY OF SAN BERNARDINO against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said GREYSTONE HOMES II, LLC shall for a period of one year from and after the date of the completion and acceptance of same by said CITY OF SAN BERNARDINO replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. GREYSTONE HOMES II, LLC By:~~.~J~ Demas S. Sant, Managlilg Meniber INSURANCE COMPANY OF THE WEST ~ GN-ICW 163 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10,2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. . A ~ A . . . . . _ . . . _ _ _ . ~ e'" ANGELA H. SHEPHERD ~ 2l COMM. # 1655356 :;: ::l! NOTARY PUBUC CAUFORNIA 15 ;: . ORANGE COUNTY '" 1( My comm. expil1lS April 27, 2010 It ~ . y y - . . . . T T Y T . . T WITNESS my hand and official seal. a,tt .11 M~cl Signature of otary 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 Maintenance Bond 220 72 55-M / Grevstone Homes 11. LLC Title or Type of Document o PARTNER(S) 0 LIMITED o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR [gJ OTHER: Managing Member one( \) Number of Pages Julv 10, 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Greystone Homes 11, LLC Judith A. Dickinson Signer(s) Other Than Named Above CA-JeW 24 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10. 2007 before me, Angela H. Shepherd, Notary Public, personally appeared Judith A. Dickinson, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. A A A A . . . . A . A A A A A A A ~I..";. ANGELA H. SHEPHERD J ~ COMM. # 1655356 :E ;;; . NOTARY PUBLIC CALIFORNIA ~ ~ ORANGE COUNTY '" 1~ . . . . ~y:o~m~~~.~A~ri~27:2~1~lt WITNESS my hand and official seal. a1&.LtJ ,1/. ~lul J Signature of otary _.' .. n"'" """h~' . :~l . ,~ ~' ,'J) ( I..I!Jo.;f",!.!' ' 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 Greystone Hones II, LLC 220 72 55-M Maintenance Bond Title or Type of Document D INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D LIMITED [8J ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: one (1) Number of Pages July 10. 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST Signer(s) Other Than Named Above CA-ICW 24 (7/00) r " No. 0000050 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California. Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws aCthe State of Texas, (collectively referred to as the ''Companies''), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of California County orSan Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffiey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, 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 instnnnent. } ss. Witness my hand and official seal. .-, Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s}-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, 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 representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affIXed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and S~ "~ompany, do hereby.:ertify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopt:<;il1 by the respective Boards of Directors of the Companies, and are now in full force. r-.-i/" IN WITNESS WHEREOF, I have set my hand this l u ~ day of ~ .J.cxn J-?f7vRg~ Jeffrey D. Sweeney, Assistant Secretary To verifY the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. I.C.W. GROUP 181 INSURANCE COMPANY OF THE WEST D EXPLORER INSURANCE COMPANY D 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.icw2rouD.com BOND NO. 220 72 56 PREMIUM $ 220.00 MONUMENT BOND WHEREAS, GREYSTONE HOMES II, LLC, hereinafter designated as "Developer", desires to record a fmal map for the development iden1ified as: TRACT NO. 14881 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 firmly bound unto the CITY OF SAN BERNARDINO in the penal sum of $ 8,800.00, 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, fIrmly by these presents. The conditions of this obligation is such that if the monuments are set on or before mL Y 10,2007 and the engineer or surveyor setting the fmal 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 terms of the agreement or to the work to be performed 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 terms 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 mL Y 10, 2007. GREYSTONE HOMES II, LLC 617 N. Poplar St. Ordnge, CA 92868 l-Q...: R~ Signature of Developer Dennis S. Sant, Managing Mamber APPROVED AS TO FORM: INSURANCE COMPANY OF THE WEST 17852 E. 17th St., Suite III Tustin, CA 92780 , ~ ~ A. Dickinson A ey-In-Fact APPROVED AS TO SUFFICIENCY: Director of Public Works CA.JeW 30 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !I:~o:=~~~X===~~~=!1 ~~ County of Orange ~~ ;< On July 10, 2007, before me, Angela H. Shepherd, Notary Public, personally appeared Dennis S. Sant, personally >S ii known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are II subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their II authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon l! behalf of which the person(s) acted, executed the instrument. is '! li II )5 s< II ifj ;.;~."~.;.;..;.;,;, ~ l; 0'" COMM. # 1655356 :E >l:; NOTARY PUBUC CALIFORNIA ~ II ~ . . .. ~y:o~~A~~;~C~!~~l~i ~ --&atu~d 15' '~hough the data below is not required by law, it m~y prove valuable to persons relying on the document and could prevent ;~ fraudulent reattachment of this form. II CAPACITY CLMM," BY "ONER D'""",,,'DN OF ATIACHED ROCUM'NT II !l D INDNIDUAL Monument Bond !< 11 D CORPORATE OFFICER 22072 56/ Grevstone Homes 11. LLC l IS Title or Type of Document l 1,>l D PARTNER(S) D LIMITED one(\) I 5 D ATTORNEY-IN-FACT Number of Pages . 5 D TRUSTEE(S) Il( \~ D GUARDIAN/CONSERVATOR s5 [2] OTHER: Managing Member Julv 10. 2007 ~ ~< Date of Document sl I( SIGNER IS REPRESENTING: II Il NAME OF PERSON(S) OR ENTITY(IES) lS ~ Greystone Homes 11, LLC J~dith A. Dickinson Jl' II Slgner(s) Other Than Named Above << > )) < ?;~~~~~~~0~~~.^^^^'~~~~~/~'V"JVV"/' / 5< !I >5 '< s< !I 5 WITNESS my hand and official seal. CA-Iew 24 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 10, 2007 before me, Angela H. Shepherd, Notary Public, personally appeared Judith A. Dickinson. personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. A A ~ A A ~ . ~ A A A A A ~ . A ~I.._. ANGELA H. SHEPHERD 1~ 2l COMM. # 1655356 :E :; . . NOTARY PUBLIC CALIFORNIA 15 :: ORANGE COUNTY '" '! My comm. expires April 27, 2010 It y . . y - . . w _ _ _ _ . _ _ T WITNESS my hand and official seal. a,dA sr:tur~UAtf ~ ~~~W · 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 Greystone Homes II, LLC 220 72 56 - Monurrent Bond Title or Type of Document o INDIVIDUAL o CORPORATE OFFICER o PARTNER(S) 0 LIMITED [gJ ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR OTHER: one (1) Number of Pages ,Tllly 10. 2007 Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) INSURANCE COMPANY OF THE WEST Signer(s) Other Than Named Above CA-JeW 24 (7/00) r No. 0000050 ICW GROUP Power oC Attorney IDSurance Compaoy of tbe West Explorer Insurance Compaay Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the ''Companies''), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU their true and lawful Attorney(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf oithe Companies, fidelity and surety bonds, undertakings, and other similar contract'l of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. @~~ ~~, ~~ ~.~ d~vI?g~ Jeffrey D. Sweeney, Assistant Secretary INSURANCE COMPANY OF THE WEST EXPWRER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of Cali fomi a County of San Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared Jolm L. Hannwn and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, 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 instrument. } ss Witness my hand and official seal. I 1Ii~ ~.., Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-inMFact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signawre of any officer certitying the validity and current stanIS 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 representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company. and Independence Casualty and S~-ety Company, do hereby certity that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adoJ1ted- by the respective Boards of Directors of the Companies, and are now in full force. IO-tJ IN WITNESS WHEREOF, I have set my hand this day of ~ . /)"CJj7. ;J~vRg~ Jeffrey D. Sweeney, Assistant Secretary To verity the authenticity of this Power of Attorney you may call1-8oo-877MI111 and ask for the Surety Division. Please refer to the Power of Attorney Nwnber, the above named individual(s) and details of the bond to which the power is attached. For infonnation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92I3Q..2045 or call (858) 350-2400. POLICYHOLOER COPY SP STATE COMPENSATION INSURANCE FUND P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2006 GROUP: POLICY NUMBER: 1805487-2006 CERTIFICATE 10: 3 CERTIFICATE EXPIRES: 10-01-2007 10-01-2006/10-01-2007 CITY OF SAN BERNAROINO OEVELOPMENT SERVICES DEPARTMENT 300 NORTH D STREET SAN BERNARDINO CA 92418-0001 SP ~OB:ALL CA OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is subject to all the terms, exclusions. and conditions. of such policy. tt::-REPRESENTATI EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: ~ PRESIDENT $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DENNIS S SANT, PRESIDENT - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2004 IS ATTACHED TO AND FDRMS A PART OF THIS PDLICY. EMPLOYER SANT DEVELOPMENT CORP 617 N POPLAR ST ORANGE CA 92868 SP M0409 (REV.2-05) PRINTED 09-17-2006 - ~- JUL-10-2007 TUE 10:54 AM GARCIA INSURANCE INC ----~-- -- FAX NO, 760 323 7252 p, 02 ,......- (7tieHZO-llll Gare1a Insurance, Inc. P.O. IJOlf. 2103 Pal. Springs, CA IZZti' A.COBQ. CERTIFICATE OF LIABILITY INSURANCE I ";;~ciO;) THII CEKTI'lCAn lllllllUED Nt. A IIAmll OF INfOIUIAl1ON ONLY ANIl......rEJUI NO RIGHTS W'ON 1HE camFK;ATE 1:.f9l1l"ll. THII CERTl'lCAn DOEllIlOT ~. EXTEJID OR ai_THE N'F II'tTHePOUCIElIELOW. FAX (7liOHZO-1l15 _ 5lIftt _I~t tiIrp. IlIA, GrIl)'Stone w..es. uc 617 N. Poplar Ora_. CA 92168 IN8URERS Al-FllRDING COI/ERAGE _" General Fidelity Insurance c- -"' ~e~ _D: ...... E~ NAlC . THE POLIC1~ Of' INSUIW'ICE LISTEJ> _ow HAVE BS!N IlIllUa> TO ntE IN$UN!O _ - FOR THI! POLICY Pl!RIOO INQK:ATED. NOTWlTHSTANlING AH'I REQUIREIIENT, TalIIl OR CONIlII1OH OF """ CONlftI\CT OR OllER lXlCI..rr WITH AESl'ECT TO WHICH THIll CER1lFlCAT'- *V Ilj; IS8UED OR WlV PalT~..!!!i tNSUIWICE_ BY THE POLIC1ES 1lII!lICRIIa>/EREII1S SUB.ECTTOALL THETEIUIS. EXCL..-ANltxlNDlTlONS OF SUCH POLIC1ES. ~:rELIMI188HOWN.....V HAY!' IlI'ElII ~8Y PAID~. _ ""'01'-.-'- __ ~~ _'I10Il UIlITll ~-.m 1IAGOOO4I'~ 07/02/2007 07/02/2001 ~ ' I,OOO.OOd X """""""'............-nv ~ I 50,. I aAlMSUADE [!J DCCUR _EllI'Uonr__1 1 5,. ............__ I 1,000.. .......................... , 2 000,. ~-......".-, 2 .000,. A - - :!!!:"~,...IT~_ 11'OI.lCY11~IILllC ~UAII&JTY _NlfAllTO _ ......_AUTOS f.- SCHEIlULS>AlITOS f.-.-nAU'l'06 I- ~AlITOS ""*"">EllSNll UWT l&- . IlClOll.V......, """ .....) , IlClOll.V_ 1...._ , ~It PMMi1Ie """- . ~lJMUTT '"1N1fAllTO -- ISLA""""'" D D<iCUI< 0 ClAIMS...... R=: I AlIrO ON.Y. EAACClDBtT $ ...- , - . , , 1 I "^"""""""""'" .........'" OTHEIlTlM AUTO.QM.Y: WOIIIIBIS_ -lDiMD ~._.........-Y' >>f'(~Jf.AllTlsrJf.,..,...l'f'I\IE OFR_...&efF ~ .....-- ---- ...- . ~I"J:' E.L.~ACaDENT S E.L 0I6EME -Ell. . u.~-fIOI.ICVLUf $ _1lF............,"'!C'\",.."-,,..,. 0""_"_'__ ~ ijiei'it1111lS per~ DY 1l1Surell 011 ......lr of eert1T;cate 1101..... ~1f;cate hol_r is ....cl as Mkt;t;onel insured. _1 ........_ to toll_ f.... C<lIIPIRY. lab: tract 114111- Greystone ~ XI, UC 10 day notice of cancellat;an ..y be issued for .- ..._t of p....-;... .~ C City of San Bernard;no Deve'....-nt Services IlIopart_t !l1eue' Aclce....n Joo N. D Street San BernaNHno. CA 92411-DDDl IldUN/I'ICIIlilttli...... - - POUaES.t~. -'l&mEna ..-.___....~._1O..... .~O_IIj~~_~lO_~ _lO_lDT, ~,lO ,........./1 .-.........,.,. ~:: f' ....C\j~();::: ~./V CORPORAllDN1'" ACOIW 25 {21C1111l1}