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HomeMy WebLinkAboutContracts & Agreements_274-2017 ACommunit of Friends . � 1 y Neighhok rks® December 12, 2017 CHARTERED MEMBER CHIEF EXECUTIVE OFFICER City of Redlands Dora Leong Gallo City Hall BOARD OFDIRECTCRS 35 Cajon Street CHAIR Redlands, CA 92373 Sean L Leonard S.L LEONARD 8 Associates,Inc Re Redlands Supportive Housing, L P , Condition No 19 of Conditional Use VICE CHAIR Permit No 1045 Allen Freeman Ernst 8,Young LLP TREASURER Greetings Mitchell B.Mentzer Paul Hastings LLP This letter will confirm the agreement between the City of Redlands (the "City") SECRETARY NormaD Dominguez and A Community of Friends ("ACOP") regarding the security provided to the City Wells Fargo Sank pursuant to Condition 19 of Conditional Use Permit No 1045 In connection with Marc Rnenfeid the lawsuit captioned Citizens for Equitable Redlands v City of Redlands, Case Metropolitan Property Services LLC Number CIVDS 1720139 in the San Bernardino County Superior Court (the Jill Dominguez "Litigation") Pt to Condition 19, Redlands Su ") Essergy Pursuant Supportive Housing, L P ( RSH Philip N Feder has provided the City with a surety bond in the amount of$200,000 with a term Paul Hastings LLP of two years (the "Surety Bond")to secure the performance of RSH's defense and suzenneFitzmorns Indemnity obligations in Condition 19 with respect to the Litigation USC Lusk Center for Peal Estate Flizabeth GarQa If, as of the end of the term of the Surety Bond, the Litigation is still pending Healthcare Financing Consultant (whether in the Superior Court or the Court of Appeals), ACDF agrees that it will Helena L.Jubar'y,FAIA,LLED AP cause RSH provide the City with another surety bond (the "Additional Bond") in NAC Architecture the amount of$200,000 with a term that extends beyond the reasonably Michael S Linsk Real Estate and Management Consultant anticipated conclusion of the Litigation, which Additional Bond will be provided to Thuong Luong the City before the expiration of the Surety Bond If ACOF fails to cause RSH to GEHR Hospitality provide the City with the Additional Bond, ACOF agrees that It will be directly Gary Lee Moore PF liable to the City for the monetary damages secured by the Surety Bond City of Los Angeles Jeff Ong-slong CPA If the foregoing is acceptable to the City, please sign where shown below and Armanino,LLP return this ietter to me James Preis Mental Health Advocacy Services,inc. Sincerely, � Bridget Tucker SCHARP Danielle Vasquez • / Banc of California Dora Leong Gallo Elizabeth Vaughn 6lef Executive Officer Community Volunteer ATTEST CITY OF REDLANDS B( nne Donaldson, City Clerk Paul W Foster, Mayor LEGAL—US—W#t 924476811 1 Premium 520,000 00 for two years AMERICAN CONTRACTORS INDEMNITY COMPANY Bond No 100373974 KNOW ALL MEN THESE PRESENTS REDLANDS SUPPORTIVE HOUSING,L P A CALIFORNIA LIMITED PARTNERSHIP AND A COMMUNITY OF FRIENDS, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION(hereinaftei called the Principal),and AMERICAN CONTRACTORS INDEMNITY COMPANY(hereinafter called the Surety),a corporation licensed to do business as a surety under the laws of the State of California,are held and firmly bound unto CITY OF REDLANDS,A CALIFORNIA MUNICIPAL CORPORATION(hereinafter called the Obligee),in the full and just sum of TWO HUNDRED THOUSAND AND 0/100'S DOLLARS ($200,000 00)(hereinafter called the Penal Sum),the payment of which sum,well and truly to be made,the said Principal and Surety bind themselves, and each of their heirs,administrators,executors,and assigns jointly and severally firmly by these presents WHEREAS,the Obligee,by way of DENSITY BONUS AND INCENTIVE AND/OR CONCESSION AGREEMENT DATED SEPTEMBER 19,2017 RESOLUTION NO 7709 ZONE CHANGE NO 448,CUP NO 1045 CONDITIONS OF APPROVAL DATED SEPTEMBER 19 2017 PARAGRAPH 19(hereinafter called the Resolution)has required Principal to post a surety bond to comply with Principal's obligation to ensure Principal's performance of its defense and indemnity under the Resolution to" defend,by paying the defense costs of the City of Redlands(for counsel retained by the City), indemnify and hold harmless the City of Redlands,and its elected officials,officers,employees,and agents from and against any and all claims,actions,and proceedings(collectively "Claims')to attack,set aside,void,or annul the approval of this Conditional Use Permit by the City,due to acts or omissions in any way connected to the applicant s project that is the subject of this permit This indemnification shall include,but not be limited to,damages,fees,costs,liabilities,and expenses incurred in such actions or proceedings, including damages for the injury to persons or property,and any award of costs or attorneys' fees" in the amount of TWO HUNDRED THOUSAND AND 0/100'S DOLLARS ($200,000 00) Notwithstanding any other provision of this surety bond,the Penal Sum of this surety bond shall not limit the total indemnity obligations of Principal under the Resolution WHEREAS,the Obligee has agreed to accept this bond as the security described herein above as required in the Resolution NOTWITHSTANDING the provisions of the aforementioned Resolution the term of this bond shall be two years commencing December 12,2017 until December 12,2019,and may be extended by the Surety by Continuation Certificate Howevei,neither nonrenewal by the Surety,not the failure or inability of the Principal to file a replacement bond in the event that the Surety exercises its right to not renew this obligation,shall constitute a loss to the Obligee recoverable under this or any renewal or continuation thereof The liability of the Surety under this bond and all continuation certificates issued in connection herewith shall not be cumulative and shall in no event exceed the sum as set forth in this bond or in any additions,riders or endorsements approved and issued by the Surety as supplements hereto NOW THEREFORE,THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that if the Principal shall pay in full to Obligee all amounts due to Obligee in accordance with the terms of said Resolution at the time and in the mannet specified during the term of this bond then this obligation shall be void,otherwise to remain in full force and effect This bond is executed by the Surety and accepted by the Obligee subject to the following conditions 1 Definitions "Default"shall mean failure by Principal to pay the entire amount of the financial obligations of the Resolution as they come due 2 The bond is for the term beginning December 12 2017 and ending December 12,2019,provided that Surety will remain fully obligated under this bond as long as Obligee gives written Notice of Default within the time period otherwise contained in this bond 3 In the event of Default,the Surety's obligation hereunder shall be limited to the lessei of(a)the Penal Sum of this bond,or(b)the actual amount of financial obligation due to Obligee tmdei the Resolution 4 A written Notice of Default shall be given to Surety by Obligee no later than 60 days after Default unless Surety agrees in writing to extend the time for filing a claim with respect to such Default Notice of Default shall include a statement signed by Obligee stating the date payment was due under the Resolution,that Principal(directly or indirectly)is in Default,the amount due undei the Resolution and that such amount has not been received by Obligee,and the Surety shall pay to the Obligee the amount set forth in the Notice of Default within 15 days after the receipt thereof All notices,applications,demands and requests provided foi in this Bond shall be in writing and addressed to Surety at Tokio Marine HCC Surety Group, Attention Claims Department,801 S Figueroa St, Suite 400,Los Angeles,CA 90017 Obligee at City Manager,City of Redlands,P O Box 3005,Redlands,CA 92373 Notices shall be deemed given(a)upon receipt if personally delivered,(b)three business days after mailing if sent by certified or registered mail,postage prepaid and return receipt requested and(c)one business day after sending if sent by recognized overnight courier service for delivery on the next business day 5 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein of the heirs,executors,administrator of successors of Obligee b Any obligation of Surety hereunder shall be excess over any other valid bond,insurance of other indemnity covering loss hereunder Notwithstanding the foregoing,Obligee shall not be required to seek payment from any guarantor of Principal prior to exercising Obligee's rights hereunder 7 If any conflict of inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the Resolution or the underlying documents,then the terms of this bond shall prevail This bond shall not bind the Surety unless the bond is accepted by the Obligee The acknowledgement and acceptance of this bond by the Obligee is demonstrated by signing where indicated below If this obligation is not accepted by way of signature of the Obligee below,this bond shall be deemed null and void Signed,sealed and dated this 1211' day of December 2017 REDLANDS SUPPORTIVE HOUSING,L P,A CALIFORNIA LIMITED PARTNERSHIP A COMMUNITY OF FRIENDS A CALIFORNIA NON-PR UBLLC-~BENE T �© ORATIO By Signature of Principal e"& Print Name and Title � - � Rt ji;r� AMERICAN CONTRACTORS INDEMNITY COMPANY �` By Signatl of Surety Seal Adrian Loo ,Attorney-in-fact THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE(OBLIGEE) ACKNOWLEDGED AND ACCEPTED BY OBLIGEE CITY OF REDLANDS BY PRINTED NAME AND TITLE PA u 5-,-1�1` DATE 1 /s/1 S , ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of LOS ANGELES On oee( Ib 7be, / -21 ,?v�7 before nye, PATRICIA KANEGAWA PEREZ, NOTARY PUBLIC (insert name and title of the officer) personally appeared ADRIAN LOO 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/shelthey 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 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct PATRICIA KANEGAWA PEREZ WITNESS my hand and official seal - COMM #2125219 z : Notary Public California o Los Angeles County My Comm Expires Sep 25,20191 Si ure ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Co S On before me, ")I (insert name and title of the o cer) personally appeared Grp._ —b.2_ who proved to me on the basis of satisfactory evidence to be the personA whose name is/Oe subscribed to the within instrument and acknowledged to me that hs e/{ , executed the same m hTslher/th-m authorized capacity('1K and that by'Ixg/her/thwr signature on the instrument the person(s)\or the entity upon behalf of which the person acted,execu ed the instrument T 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 m., ' DINOE R PATRICI( u� COrnmis5i0n#2053262 Notary Public Cali z � Los An a Signature (Seal) •� geles County Comm Expires Jan 20 2018 s POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed naive of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U S Specialty Insurance Company, a Texas corporation(collectively, the"Companies}}), do by these presents make, constitute and appoint Adrian Loo,Ariel K.Adonis,Kristine Manoukian,Brandye,lances,Enrique Topacio of Maria Rodriguez of Los Angeles,California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances;undertakings of othei instruments or contracts of suretyship to include riders, amendments, and consents of surety,-providing-tire Bond penalty does not exceed ******Three MdIion****** Dollars (S **3;000,000-60**) This Power of Attorney shall expire without further action on November 3,2019 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved that the President,any Vice President any Assistant Vice President,any Secretary or airy.Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one of more suitable persons as Attorney(s)in Fact to represent and act for and on Behalf of the Company subject to the following provisions Auantey-in-Tact may be given full power and authority for and in the name of and on behalf of the Companv,to execute,acknowledge and deliver,any and all bonds recognizances contracts agreements or indemnity and other conditional or obligatory undertakings including any and all consents for the release of retamed percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved,that the signature of any authorized officer and.seal of-the Company heretofore or hereafter affixed to any power of attorney or any ccrtificaterelating ._ thereto by facsimile and any power of attoracy or certificate=bearing fitcsimile signature or facsimile seat shall be valid and binding upon the Company with respectto any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instnurient to be signed and their corporate seals to be hereto affixed,this 1st day of November,2016 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY US SPECIALTY INSURANCE COMPANY i„011111 , ............ 11.-N o�tRaCr9Rs +,aES Y,aa�iPCC..., ``u}lY lns�ro��oy Q,, ■ n” 3`_ ]3y —W�SFPT.S}19PL.moi= =Y, �' ,t,�' 3r• <� -sem+. �' a .t= �- ". G Daniel I' Aguilar,Vice President 'i.�A'+F�RNn4•o+` 'gnlory n......... rOF'SE ypl I uslnn"`.+ems A notary public or other officer completing this certificate verifies only the identity of the individual who signed the - document to which this certificate is attached,and not the trutlifnIness,accuracy,or validity of that document State of California County of Los Angeles SS On this Ist day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared lean P Aguilar,Vice President of American Contractors Indemnity Company Texas Bonding Company,United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscnbed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person,or the entity upon behalf ofwhich'Ahe person 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 SABINA MORMNS7EIN Commission# 2129258 Signature (Seal) .� Notary Angeles Calunornia My Comm Exolres Noy 3 2019 I Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company IUnited States Surety Company and US Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies which is still in full force and effect,furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force ind effect In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day } ,1,51111111rr/„' s,I,1t411 n,/>1,/ ,iynslillle!/Irri Corporate Seals .,.aatA AS{.y „•��5 RFP%, `:0� C'p`'•vy ,�o�`� ono®''o y: Kin Lo}Assistant Secretary (� /4 Bond No /0037, !�7 urn Agency No 9001 ;`ai;FOAK,r•++” n.irn*nnn +� R4l�lnR�FPO nu,