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V
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Valerie Ross, Director
Dept: Development Services
Date: July 23, 2008
File No.: Tr. 17793
Subject: Council Resolution approving final
map for Tract No. 17793 located on
the east side of Lynwood Way
between Amanda Street and Byron
Street.
MCC Date: August 18, 2008
Synopsis of Previous Council Action:
12/18/06 -The Mayor and Common Council reviewed and approved Tentative Tract Map No.
17793 in conjunction with Variance No. 06-02, and Development Permit Type 3
No. 06-03.
Recommended Motion:
Adopt resolution.
{~~+°~iuiG. ~~
Valerie C. Ross
Contact person: Lynn Pazker, Sr. Civil Engineer
Staff Report, Resolution,
supporting data attached: Map & Agreement
Phone: Ext. 5110
Ward: 7
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Q
Council Notes:
Agenda Item No. ~ ~1
Q -10-00
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Council Resolution approving final map for Tract No. 17793 located on the east side of
Lynwood Way between Amanda Street and Byron Street.
Background:
On September 19, 2006, the Planning Commission reviewed Tentative Tract No. 17793 in
conjunction with Variance No. 06-02 and Development Permit Type 3 No. 06-03 and
recommended denial. The applicant appealed to the Mayor and Common Council. On
December 18, 2006, the Mayor and Common Council approved Tentative Tract No. 17793,
Variance No. 06-02 and Development Permit Type 3 No. 06-03 subject to conditions.
The Final Map of Tract No. 17793 will subdivide 7.7 acres into 18 single-family residential lots
located on the east side of Lynwood Way between Amanda Street and Byron Street in the RS,
Residential Suburban land use district.
The Final Map of Tract No. 17793 has been reviewed and found to be substantially in
compliance with the Tentative Map and the Subdivision Map Act. Therefore, staff recommends
that the Final Map for Tract No. 17793 be approved.
The subdivider, GFC Enterprises, LLC, has satisfied all conditions of approval, executed the
standazd subdivision improvement agreement and posted bonds to guarantee the construction of
public improvements.
Financial Impact:
None.
Recommendation:
Adopt resolution.
Attachments:
"A" Location Map
"B" Resolution
"C" Subdivision Improvement Agreement
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17793,
LOCATED ON THE EAST SIDE OF LYNWOOD WAY BETWEEN AMANDA
STREET AND BYRON STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
17793, an eighteen-lot residential subdivision, located on the east side of Lynwood Way
between Amanda Street and Byron Street, together with the provisions for their design and
improvement, is consistent with the General Plan of the City of San Bernardino.
SECTION 2. The City Manager is authorized on behalf of said City to execute the
standard form Subdivision Improvement Agreement with GFC Enterprises, LLC, attached and
incorporated herein as Exhibit A, for the improvements in said Tract Map as are required by
Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
time for performance is as specified in the Agreement. Said improvements are specifically
described and shown on Drawings approved and on file in the office of Development Services
of the City of San Bernazdino.
SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
Bernazdino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of the Final Map, the Subdivider shall first execute the
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17793,
LOCATED ON THE EAST SH)E OF LYNWOOD WAY BETWEEN AMANDA
STREET AND BYRON STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.
Agreement referenced in Section 2 hereof for the improvements within said subdivision.
The City Clerk shall certify approval and acceptance of the Mayor and Common
Council as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute
it within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17793,
LOCATED ON THE EAST SIDE OF LYNWOOD WAY BETWEEN AMANDA
STREET AND BYRON STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.'
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a meeting thereof, held
on the _ day of , 2008, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By: Grwa_
3
day of , 2008.
City of San Bernardino
EXHIBIT "A"
AGREEMENT
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this day of
2008, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and GFC Enterprises, LLC, hereinafter referred
to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a fmal subdivision
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map (hereafter called "map") entitled Tract No. 17793; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
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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 the subdivision, which Plans and Specifications aze now on file in the Office of the
City Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by En Ig Weer. 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 aze 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
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for the completion of said work to be within 24 months from the date hereof.
4. Time of Essence -Extension. Time is of the essence of this Agreement;
provided that, in the event good cause is shown therefor, the City Engineer may extend the
time for completion of the improvements hereunder. Any such extension may be granted
without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has been shown to
entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all pipes and monuments shown on the map
which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utiliri Deposits -Statement. Subdivider shall file with the City Clerk, prior to
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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,
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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 by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
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9. Inspection by 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 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 improvements and acts to be performed as security for the faithfiil
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
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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 famished.
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As a part of the obligation guaranteed by the security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of credit as provided in Title
19 San Bernardino Municipal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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~ 11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this pazagraph,
and such insurance shall have been approved by City Attorney as to form, amount and cazrier,
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 appeaz either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Comnensation InsuranceBmployer's Liability Insurance.
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Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and P%perty Dama¢e Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to any one person, and, subject to the same limit for each person,
in an amount not less than One Million Dollazs ($1,000,000.00) on
account of any one occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Property Dama¢e 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 any one occurence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph I 1 insures any entity, person, board or commission other than those
mentioned in this pazagraph, such policy shall contain a standazd form of
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boazds, commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work covered by this
Agreement.
(3) Tail Coveraee. Insurance coverage, albeit for public liability or
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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 (1) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
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(4) The policy shall be without right of subrogation against the City. The
insurance provided shall carry the endorsement that "This insurance is
primary and noncontributory with respect to any loss or liability arising
directly or indirectly from the insured's operations."
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
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concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdividers)/Developer(s) hereby agree to
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and shall protect, defend, indemnify and hold the City and its elective and appointive boazds,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and causes of action of every kind and
chazacter including, but not limited to, defense of administrative actions, 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 pazty, 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 chazacter 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 aze caused by contractor, Subdivider or any of contractor/Subdivider's
subcontractors, contractors or by any one or more persons directly or indirectly employed by
or acting as agent for contractor, Subdivider, or any one 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 boazds, commissions, officers,
agents and employees from any administrative actions, suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of the aforesaid operations,
provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
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insurance policies described in Paragraph 11 hereof.
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(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.
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This provision is not intended to create any cause of action in favor of any third party against
SubdividedDeveloper 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
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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 yeaz
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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
promptly or in accordance with this requirement, or should the exigencies of the situation as
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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
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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 En mg eerin¢ 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 A¢reement: Performance by Suretv or Ciri. In the event of any such
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notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that if the surety, within five days after the
service of such notice of breach, does not give City written notice of its intention to take over
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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
necessarytherefor.
20. Notices. All notices herein required shall be in writing, and delivered in
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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, CA 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
GFC Enterprises, LLC
434 N. Second Avenue
Upland, CA 91786
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Lange & Associates Insurances, Inc.
5737 Kanan Road #551
Agoura Hills, CA 91301
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Provided that any party or the surety may change such address by notice in writing to the
other party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. Phis Agreement shall be binding upon and inure to the benefit of
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each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
ATTEST:
City Clerk
Approved as to form:
CITY OF SAN BERNARDINO
sy:
Fred Wilson, City Manager
City of San Bernardino
JAMES F. PENMAN, SUBDIVIDER:
City Attorney, GFC Enterprises, LLC
By:
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If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or aVice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of 20~ before me,
a Notary Publiq personally
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appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed tot he within instrument and acknowledged to me
that h/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature
My Commission Expires:
Notary Name:
Notary Registration Number:
County of Principal Place of Business:
(This area for official seal.)
Notary Phone:
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4GT3 INSCO INSURANCE SERVICES, INC.
'n~~'~O UndervMting Manager for.
~(~p Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Filch, Suae 200 • Irvine, Califomia 92614 • (949) 263-3300
MAINTENANCE BOND
BOND NO.: 349241 S
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, GFC Enterprises, LLC as Principal,
and Indemnity Company of California a corporation organized and doing business under
and by virtue of the laws of the State of ali mia and duly licensed to conduct surety
business in the State of Califomia, as Surety, aze held and firmly bound unto
City of San Bernardino
as Obligee, in the stun of FIFTY THOUSAND AND
(S 50,000.00 )Dollars, for which payment, well and truly to be made, we bind ottrselves, our heirs, executors
and successors, jointly and severally fumly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Construct certain subdivision improvements in Tract 17793 (Lynwood Estates)
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one yeaz following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or worlananship which become appazent during the period of one yeaz from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
his 8th day og August 2008
YEAR
GFC Enterprises, LLC
Principal
//~~~,
~%~/ ~'i~
Indemnijty/j~Company~of Cpalif/o~m/ is
BY• A 3'®i..~
Ge L. Ervin Attorney-in-Fact
ID-7201 (CA) (One Year Term) (REV. 3/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of LOS ANGELES
On Aug. 8, 2008 before me, DEBRA K. BELL, NOTARY PUBLIC
~~,_ Here Insert Nama and Title of the Officer
eared GERALD L. ERVIN
ll
y app
persona Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
oE9RA K. 9Etl
CommpNOn N 1766102 person(s), or the entity upon behalf of which the person(s)
PWtory Publle - California ~ acted, executed the instrument.
~ Loy Anpel~s County I certify under PENALTY OF PERJURY under the laws of
t'A/CO^r^ E"~°°'~~'~tt the State of California that the foregoing paragraph is true
and correct.
Witness an nd o icial seal.
~
~
~
/
Signature O ~ L y~~(
Place Notary Seal Above Sig a of Notary Public
OPTIONAL
Though the information below is not required by
t removal
l
f
d law, it may prove valuable to persons relying on the document
and reattachment of this form to another document.
en
u
rau
and could prevent
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer-Title(s):_
^ Partner - ^ Limited ^ General
® Attorney in Fact
^ Trustee
^ Guardian orConservator
^ Other:
Signer Is Representing:
Signer's Name:
^ Individual
^ Corpora[eOfficer-Title(s)_
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
O 200] National Notary Association • 9350 Oe Soto Ave., P.O. Box 2404 •Chalavrotlh, CA 8131&2402 • www.NalionalNOrary.or8 Item M5907 Reartler: Call Tdl-Free 1-800-918-fi92]
4G~ INSCO INSURANCE SERVICES, INC.
~nSC~~CO Undarwming Manager for.
~ Developers Surety and Indemnity Company
° Indemnity Company of Califomia
17790 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
BOND NO. 349241 S
S 4.200.00
a term of lwo
IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GFC Enterprises, LLC
and Indemnity Company of California
laws of the State of Caifomia
as Surety, are held and firmly bound unto
City of San Bernardino
as Principal.
a corporation organized and doing business under and by virtue of [he
licensed [o conduct a general surety business in the Slate of California
as Obligee, in the sum
TWO HUNDRED THOUSAND AND NO/1
is for
($ ~uu,uuu.uu )Dollars, for which payment,
and tmly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No. t 7793 ,
(Lynwood Estates) entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that maybe granted by the Obligee with or without
notice to the Surety, [his obligation shall be void, otherwise i[ shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affpted and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at Glendale
California, this 8th
"PRINCIPAL"
GFC Enterprises, LLC
day of August
~~ ~
"SURETY"
2008
Indemnity Co~mp/a~ny/off California
BY:~{~~~'" O
Gerald L. Ervin Attomey-in-Fact
io-12ss (cnl tRev.lrol)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of LOS ANGELES
On Aug, 8 2008 before me, DEBRA K. BELL, NOTARY PUBLIC ,
Date Here Insert Name and Title of the Officer
personally appeared GERALD L. ERVIN
Name(s) of Signer(s)
DEBRA K. BELL
Commission M 1756102
.~ - Notary Public • Calllornlc
Los Anpelos County
MyComm. ExPteaA1 J0.2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness ha an official seal.
Y
Signature DY ~~i~ L
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate OfficerTitle(s):_
^ Partner-^Limited^General
® Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other.
Signer Is Representing:
Number of
Signer's Name:
^ Individual
^ Corporate Officer-Title(s)_
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
® 2007 National Notary Association • 9350 Oe Soto Ave., P.O. Bov 2402 • Chateworlri, CA 913132602 • www.NalionalNOtary.ergJitem N590] Reorder: Call Toll-Free 1-a00-a]fi-6621
4G~ INSCO INSURANCE SERVICES, INC.
'ns`~'~O Underwdtinp Manager for:
~p Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Fitch, Suite 200 • Irvine, Califomia 92614 • (949) 263-3300 3gg241 S
BOND NO.
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we GFC Enterprises, LLC
and Indemnl ompany o a t
_ ______ as Principal,
laws of the State of Califomia
as Surety, aze held and finely bound unto
of San Bernardino
a corporation organized and doing business under and by virtue of the
licensed to conduct a general surety business in the Stale of California
as Obligee, in the sum of ONE HUNDRED THOUSAND AND NO/10
($ ~ ) Dollazs, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, [he above named Principal, has entered into an agreement or agreements which aze made a part of this bond, with the
City of San Bernardino
as Obligee for the improvements in the
subdivision designated as (Tract/Pazcel) Map No. 17793 (Lynwood Estates) , as required
by the Government Code of California.
NOW THEREFORE, the condition of [his obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of [he Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and [he corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Glendale
Califomia, this
"PRINCIPAL"
day of August 2008
vEnn
GFC Enterprises, LLC
"SURETY"
indemnity Company of Califomia
BY: /( yi~i ~~Yil~~/
'"•• er ld Lam- Aaomey-in-Fact
8th
ID-1285 (CA) (REV. 1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of LOS ANGELES
On AugURr 2008 before me, DEBRA K. BELL, NOTARY PUBLIC ,
Dete Here Insert Name and Title of iha Officer
personally appeared .GERALD L. ERVIN
Name(s) of Signer(s)
DERRA K. BELL
Commlttlon ty 1166104
Notory I'ubRO . Calltomla
la Anp~bt County
MYCaren.6lpY~AIJO, 4011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness hand d fficial seal.
Signatur `L'
of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer-Title(s):
^ Partner - ^ Limited ^ General
® Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Number of
Signer's Name:
^ Individual
^ Corporate OfficerTitle(s)_
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
® 2001 National Notary Association • 9350 Da Soto Ave., P.O. Box 2402 • Chalsvrorih, cA 813132402 • w.vw.NationalNolaryorpJllem p5tW1 Reartler. Gall Toll-Free 1-BW~8136e21
.~C~ INSCO INSURANCE SERVICES, INC.
. 'nsC~'~O Underwriang Manager tor:
l~(~p Developers Surety and Indemnity Company
Indemnity Company of Califomia
17760 Fitch, Suite 200 • Irvine, Califomia 92614 • (949) 263-3300
' www.InscoDico.com
Bond #: 3492435
GRADING PERMIT BOND $ 3,3so.oo premium is for
a term of two year(s)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, GFC Enterprises, LLC
(Permittee)
As Principal, and Indemnity Company of California
(Bonding Company)
Organized and existing under the laws of the State of Caiifomia , as Surety, are
held and firmly bound unto city of san Bernardino ,
in the just and full sum of ONE HUNDRED SIXTY THOUSAND AND NO/100
lawful money of the United States, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
The condition of the foregoing obligation is such that whereas said principal has filed or is about
to file with City of San Bernardino
an application for a permit to perform excavation or fill work, described in the application for the
grading permit, upon real property owned by said principal known as Trail No. 17793 (Lynwood
NOW THEREFORE, if the above named principal shall well and truly comply with all the requirements
of City of San Bemardino ,and if all of the work required to be done complies
with all of the terms and conditions of the grading permit for excavation or fill or both to the
satisfaction of the City Engineer, and is completed within the time limit specified in said grading
permit, then this obligation shall be void and of no effect, otherwise it shall be and remain in full
force and effect.
The said surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or additions to the terms of the permit or the work or improvements to be
performed thereunder or to the grading plans attached to said permit shall in anyway affect the
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or additions to the terms of the permit or to the work or improvements or the plans.
WITNESS OUR HANDS THIS ath day of August , 20 oa
GFC Enterprises LLC Indemnity Company of Califomia
(Principal) (Surety)
// /, (Name and Title) Gerald L. Ervin (Attorney-in-Fact)
~`~7
NOTE acknowledgments of Execution by Principals and Suretv must be attached.
ID-1435 (CA) (09/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
Counlyof LOS ANGELES
On Aug. 8, 2008 before me, DEBRA K. BELL, NOTARY PUBLIC ,
Oate Here Insert Name and Tfle W the ONicer
personally appeared GERALD L. ERVIN
Name(s) of Signegs)
DEBRA K. BELL
Commgtlon • U66102
Notory Publlc • Cofltornlb
LM AnpNp County
MyCamm. E>~.h! J0, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isJare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness an nd official seal.
SignaturegG~ ~" ~~°~
igna ure of Notary Public
OPTIONAL
Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer-Title(s):
^ Partner- ^ Limited ^ General
® Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other
Number of
Signer's Nan
^ Individual
^ Corporate Officer-Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer is Representing:
Signer Is Representing:
O 200] National Notary Association • 9350 Oe Sato Ave., P.O. Box 2402 • Chalsvrorlh, GA 91313-2402 • www.NalionalNOtaryorg Item X5909 Faordar. Call Toll-Free 1-alHl-a]5.8a29
4G;1~ INSCO INSURANCE SERVICES, INC.
'nom ~'~O Underwdting Manager far:
(gip Developers Surety and Indemnity Company '?~
Indemnity Company of Cal'rfomia
17780 Fitch, Suite 200 • Irvine, Cal'rfornia 92614 • (948) 263-33(x1 i
www.InscoDico.com '
BOND NO. 349242S
$ 300.00 premium is for a
term of two veaz(sl.
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, GFC Enterprises, LLC
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Tract 17793 (Lynwood
Estates) ;and WHEREAS, all monuments have not yet been set in the posifions noted in
the proposed Final Subdivision Map for said subdivision,
,.
NOW, THEREFORE, we the subdivider as Principal, and the Indemnity Company of California
17780 Fitch, Suite 200, Irvine, CA 92614
(Legal Title and Address of Surety)
as Surety, aze held and firmly bound unto the City of San Bernardino ,
in the sum of FIVE THOUSAND AND NO/100
---------- -- , ($ 6,000.00 h
lawful money of the United States, for the payment of which sum well and tmly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any
engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for
said subdivision in accordance with [he provisions of Government Code Sec. 66495 et. seq., then said Surety will
pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure [o the benefit of any and
all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way
affect its obligations on the Bond, and i[ does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named
on August 8 ~ Zp 08
Principal Surety
GFC Enterprises, LLC Indemnity Company of Califomia
434 N. Second Ave., Upland, CA 91766
17780 Fitch, Suite 200, Irvine, CA 92614
By: ~ ~~
~~
~/. P, bPC?•s~ 1Tn,-r
ByQ "~
/~~~...~ ~%~ r
Attorney-In-Fact
Gereld L. Ervin
ID-1416 (CA)(7/01)
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of LOS ANGELES
before me, DEBRA K. BELL, NOTARY PUBLIC
On AUg Date 2008 Here Insert Name and Title of the Officer
personally appeared GERALD L. ERVIN Name(s)otSigner(s)
DEBRA K. BELL
Cbmmlttlon M 7 736102
Notary public - Callfornla
Loe Anysl~at County
~C~• ~hI J0.2011
Place Notary Seal Above
who 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 tD me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness an//d~~official seal.
Signature y Y51L;o~C_
Kure o Notary ubllc
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate OfficerTitle(s):_
^ Partner - ^ Limited ^ General
® Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Number of
Signer's Name:
^ Individual
^ Corpora[eOfficer-Title(s)_
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
® 200] National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 8131&2902 • vrxw.NalionalNatary.org Item X580] ReorEec Call Toll-Free 1-900.9]fi-fi92]
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressty limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, haeby make, consdhae and appoinC
***Cindy L. Ridley, Thomas C. Moore, Gerald L. Ervin, Kathy Youmans, Beverly Miller, Victor Ruiz, Debra Bell,
jointly or severally***
as Mek true and lavdul Attorney(s)-in-Fact, to make, execute, deliver and acknoxledge, fa and an beha8 of sai0 carporafions, as sureties, bonds, undedakkgs all contracts of surety-
ship gNing and gran6rg unto said Attaney(s}in-Fact full power and aulhorlly to do and to perform every act necessary, requisite or proper to be dorce In connectlon IhaewiU as each of
said eorpaations cab do, but reserving to each of said axporations MII power of substitution and revocation, and all of the acts of said Attaney(s}in-Fact, purwant to these presents,
are hereby retifred and confirmed.
This Power of Attorney rs granted all is signed by facsimile uMer and by auMOrily of the folbwing resdutlons adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, eflectNe as of January 1st, 2008.
RESOLVED, that Me chairman of Me Board, the President and arty Vwe President of the coryoradon be, and Mat each of dram hereby H, auMorized to ezeate Paxers of
Attorney, qualifying Me attorney(s) named in Me Power: dAllomey to execute, on hehatt of the caporetions, balls, uMertakings and contracts of suretyship; and Mat the Secretary a
anyASSistant Secretary of the capore8ons he, and each of Mem hereby a, auModzed to attest the executlon M arty such Power of Attorney;
RESOLVED, FURTHER, Mal the agnalures of such officers may be affaed M arty such Powa of Adaney a to any celVflcete relating Hereto by facsimie, and any such
Power olAttaney a eerdfleate beating such faaimile signatures shall be valM and billing upon Me corporations when so affaed and in Me future with respect to any bond, undertaking
or contraq of suretyship to whkh it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
their respeotlve Vice President and attested try Mar respective Assistant Secretary Mis Janumy 1st, 2008.
~.w.w .
By: ~ ~~~Y ~MO lye
Stephen T. Pate, Senior Mce President ~~ ~ppOR,q f ;°~,
f ~, xe +~1
~{ OCT. t,'ra~
BY~ '~o~~ 1938 ~J
Chades L. Day, Assistant Seaetary p y
SUte of Califomia ,„,~~ * ~~„„s'P
County of Orange
CALIFORNIA have severatiy caused Mese presents to be signed by
~K,PAN Y ~~
ti'~GU PPOR~T c9
F
~ ? OCT. S ~
ry 7987 ~
Oy c~(/FOP~~p ~
On Januav 1a. 2008 before me, Chdslooher J. Roach. Notary Public
Date Here Insert Name and Title of Me Officer
personalty appeared ~ SteDhan T. Pate and Charles L. Day
Name(s) of Signer(s)
who proved tome on Me basis of satisfactory evidence to be the person(s) whose name(s) iaare subscdbe0 to
Me wiMkt instrument and acknowledged to me that helshdMey axewMd Me same in hisAraltheir audrodzed
~ RO~CM~ ceparJty(ies), and Mat by hlslha/Heir slgnaWre(s) on Me instrument Me person(s), or Me entity upon behad of
B " which Me person(s) ecte4 executed the insWmem.
N0101RY PUBLIC CAIJROAiA
gpANpECOUNTY
awlnl. 19,9071
Place Notary Seal Above
I certify under PENALTY OF PERJURY urMa the I~vs of ttre State of CaRFomia Mat Me foregdng paragraph Ls
true and correct.
WITNESS my hand and offi 'al/seal
SignaWre ~_.~~~f~------~-~
Ch' er J. Roach
CERTIFICATE
The undersigned, as Assistant Seaetary, of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby ceNty
that the foregang Power of Attorney remains in full face and has not been revoked, and furthermore, Mat Me provisions of Me resdudons of the respective Boards of Directors of sad
caporatlons set fall In the Powa ofAttaney, are in face as of Me date d MIS CeNflcete.
This CertifH;ffie is executed in the City of Irvine, Califomia, Me 8th Eay d~LUgus t 2008
AlbertAlberl Hi~etary
10.1380(Wel)(Rev.07/07)