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CC - Item 5G - Approval of Undertaking Agreement for Tract Map No. 72871-9048 Garvey AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGERe�` DATE: DECEMBER 13, 2016 SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR TRACT MAP NO. 72871— 9048 GARVEY AVENUE SUMMARY Tract Map No. 72871 is being submitted for consideration and approval along with an Undertaking Agreement to guarantee construction of public improvements subsequent to the recordation of the tract map. STAFF RECOMMENDATION That the City Council approve Tract Map No. 72871 and the Undertaking Agreement and direct the City Clerk to arrange for the recordation of the map. ANALYSIS On September 15, 2014, the Rosemead Planning Commission approved Tentative Tract Map No. 72871 subject to Conditions of Approval that require the subdivider to construct one new driveway approach, new sidewalk, modify existing landscape median, lighting, landscape and install survey monuments prior recordation of the final map. If the public improvements are not constructed prior to the recordation of the final map, the subdivider must execute an undertaking agreement and provide a Faithful Performance Bond, Labor and Materials Bond in an amount estimated by the Engineer. The undertaking agreement guarantees construction of the public improvements within one year. The subdivider has provided a Bond in the amount of $49,302. FISCAL IMPACT - None STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. ITEM NUMBER City Council Meeting December 13, 2016 Page 2 of 2 Prepared by: ael M. Fajardo, City Engineer Attachment A: Undertaking Agreement/Bond Attachment B: Tract Map No. 72871 Attachment A Undertaking Agreement /Bond RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ROSEMEAD 8838 E. Valley Blvd. Rosemead, CA 91770 Attention: City Clerk (Space Above This Line for Recorders Use Only) Exempt from recording fee per Gov. Code § 27383. CITY OF ROSEMEAD SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP No. 72871 THIS SUBDIVISION IMPROVEMENT AGREEMENT ( "Agreement ") is effective as of day of , 2016, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and P� M C. 12ose.n-mXfc,d J L L L (NAME) 2'7 2 oo Tou.r2Ae . 1R .tot o , \Ig cnc io, , CA o1135S (ADDRESS) hereinafter called the "SUBDIVIDER." RECITALS: A.: The CITY approved Tentative Map 72871 on 09/14114 ( "The Tentative Map "), subject to certain conditions of approval, which conditions include construction of certain public improvements (the "Improvements ") as set forth in Exhibit A attached hereto an incorporated into this Agreement. B.: The SUBDIVIDER has filed the Map with the City Engineer of the CITY (the "City Engineer ") for presentation to the City Council for its approval. C. The SUBDIVIDER has not yet completed the required Improvements to receive a final map and therefore must enter into an agreement with the CITY providing for the future construction and installation of the Improvements, as required by Government Code section 66462(a)(1). D. CITY and SUBDIVER desire to enter into this Agreement providing for the construction and installation of the Improvements. AGREEMENT NOW THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties agree as follows: 1. Duty to Install Improvements The SUBDIVIDER, for and in consideration of the approval of the final map of that certain land division known as Tract Map 72871 hereby agrees, at the SUBDIVIDER'S own cost and expense to furnish all labor, materials, and equipment necessary to perform and complete, and within twenty -four (24) months from the date of filing of said map, to perform and complete in a good and timely manner, the Improvements set forth in Exhibit "A" to the satisfaction of the CITY. All required Improvements have an estimated cost of construction of Forty Nine Thousands Three Hundred Two Dollars ($49,302.00) as shown on Exhibit "B." 2. Duty to Maintain Improvements CITY shall not be responsible or liable for the maintenance or care of the Improvements until CITY formally approves and accepts them in accordance with its policies and procedures. CITY shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the SUBDIVIDER at all times prior to CITY's acceptance of the Improvements. SUBDIVIDER shall maintain all the Improvements in a state of good repair until they are completed by SUBDIVIDER and approved and accepted by CITY. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to CITY; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be SUBDIVIDER's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by CITY. If SUBDIVIDER fails to properly prosecute its maintenance obligation, CITY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of SUBDIVIDER and its surety under this Agreement. CITY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above, SUBDIVIDER shall make available for public use any streets, curbs, gutters, sidewalks or walkways, streetlights, street furniture, storm drain improvements, fire hydrants, and any other facilities intended for general public use, which are installed, altered or affected by the work, as soon as they can be safely placed in service. 3. Performance. Labor and Materials and Warranty Security SUBDIVIDER shall, at all times, guarantee its performance of this agreement by furnishing to CITY and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by CITY for the purposes and in the amounts as follows: a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction for the improvements; and b. To secure payment to any contractor, sub - contractor, persons renting equipment or furnishing labor and materials for the improvement required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and c. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following the acceptance thereof by CITY against any defective work or labor done, or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and d. To warranty, the setting of required subdivision monuments within one (1) year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivisions monuments s shown in Exhibit "B." e. To guarantee the landscape maintenance of all landscape improvements for a period of one (1) year following acceptance of thereof by the CITY. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto. The security which guarantees performance can be released upon acceptance of the improvements by the CITY. The security which guarantees payment to contractors sub- contractors and persons furnishing labor, materials or equipment can be released six (6) months after acceptance of the improvements by the CITY, less the total of all claims to which the CITY has been given proper notice. 4. Non- Liability of CITY, Hold Harmless and Indemnity by SUBDIVIDER a. The CITY shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, or by reason of the acts or omissions of the SUBDIVIDER, his agents, or employees, in performances of said work. All of said liabilities shall be assumed by the SUBDIVIDER. The SUBDIVIDER further agrees to protect and hold harmless the CITY, its officers, and employees, in performance of said work. All of said liabilities shall be assumed by the SUBDIVIDER. b. SUBDIVIDER agrees to indemnify, defend and hold the CITY, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims ") arising out of SUBDIVIDERS, or SUBDIVIDER'S contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the performance of the work and the use and operation of the Improvements prior acceptance by CITY, whether such acts, omissions, or operations are by SUBDIVIDER or any of SUBDIVIDER'S contractors, subcontractors, agents or employees. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of CITY, its elected officials, officers, employees, and /or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity will apply regardless of whether or not CITY has prepared, supplied or approved plans and /or specifications for the Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The CITY does not and will not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. SUBDIVIDER'S obligation to indemnify CITY will survive the expiration or termination of this Agreement. CITY. 5. Insurance During the term of this Agreement, SUBDIVIDER shall maintain at its cost and expense the following insurance coverage against Claims, including Claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work and the results of that Work by the SUBDIVIDER, its contractors, agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the CITY in writing: a. Commercial General Liability (CGL). SUBDIVIDER shall provide or cause to be provided Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Project and Property or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability Insurance. SUBDIVIDER shall provide or cause to be provided ISO Form Number CA 00 01 covering any auto (Code 1), or if SUBDIVIDER has no owned autos, hired (Code 8), and non -owned autos (Code 9), with limit no less than $5,000,000 per accident for bodily injury and property damage. c. Workers' Compensation Insurance. SUBDIVIDER shall provide, or cause to be provided, workers' compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to maintain workers' compensation insurance as required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. For services deemed public works, by signing this agreement, SUBDIVIDER is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insured Status. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUBDIVIDER including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SUBDIVIDER's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). ii. Primary Coverage. For any Claims related to this Agreement, the SUBDIVIDER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the SUBDIVIDER's insurance and shall not contribute with it. iii. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the CITY. iv. Waiver of Subrogation. SUBDIVIDER hereby grants to City a waiver of any right to subrogation which any insurer of said SUBDIVIDER may acquire against the CITY by virtue of the payment of any loss under such insurance. SUBDIVIDER agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. v. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the CITY. The CITY may require the SUBDIVIDER to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. vi. Certificate of Insurance and Endorsements. SUBDIVIDER shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the CITY before the Work commences. However, failure to obtain the required documents prior to the commencement of the Work shall not waive the SUBDIVIDER's obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. vii. SUBDIVIDER's Consultants and Contractors. SUBDIVIDER shall include all of their consultants and all prime contractors and subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds. viii. Higher Limits. If the SUBDIVIDER in the ordinary course of its business maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the SUBDIVIDER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 6. Property Rights CITY shall grant to SUBDIVIDER the necessary licenses and permits for the installation of said work within any portion of the public right of way to permit completion of the Improvements. 7. Breach of Agreement If the SUBDIVIDER neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the time specified, or within such extensions of said time as have been granted by the CITY, or if the SUBDIVIDER violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contract. The CITY shall have the power, on recommendation of the City Engineer, to terminate all rights of the SUBDIVIDER or his Surety then existing or which thereafter occur because of such default. The determination by the City Engineer of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the SUBDIVIDER, his Surety, and any and all other parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. 8 City's Attorney Fees and Costs In case suit is brought upon this contract, the SUBDIVIDER hereby agrees to pay to the CITY all attorney's fees and costs incurred by the CITY. 9. Extension of time for Completion It is further agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this contract, said extension may be granted by the CITY, either at its own option, or upon request of the SUBDIVIDER, and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. 10. Final Drawings Upon completion of the Improvement and prior to final acceptance and approval, SUBDIVIDER shall deliver to CITY a set of "as- built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being "as- built" and shall reflect the IMPROVEMENTS as actually constructed, with any and all changes incorporated therein. The drawings shall be signed and sealed as accurate by the engineer of record. 11. Transfers; Assignments SUBDIVIDER may assign its obligations under this Agreement to successor owner(s) of the Property with the prior written consent of the CITY. In connection with any such assignment, SUBDIVIDER and its assignee shall execute and deliver to CITY a written assignment and assumption agreement in a form acceptable to the City Attorney. 12. Binding Upon Heirs, Successors and Assigns The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 11. If this Agreement has not been assigned or if the assignment has not been consented to by CITY, it shall remain binding on SUBDIVIDER. 13. Headings Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 14. Severabilitv If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 15. Entire Agreement The terms and conditions of this Agreement constitute the entire agreement between CITY and SUBDIVIDER with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties. 16. Governing Law; Venue This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Los Angeles, State of California. 17. Authority Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 18. Administration The City Council designates the City Manager to administer and oversee the performance of this Agreement. Except as otherwise required by law or by CITY policy, all acts to be undertaken by the CITY in furtherance of this Agreement shall be undertaken by the City Manager or his designee. 19. Runs with the Land; Recordation This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Los Angeles County. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of this agreement and affix their names, titles, and seals this day as above indicated. By By Sh an6 `PoLAchacd (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Mayor of the City of Rosemead Attested City Clerk of the City of Rosemead N 0 O L .O.N N.V c E :5 w o W N C N L_ � U a� E N 0 a E O OON000 C/) q ° > t1 O o d o �i� Z G �` 00000 �: " z Z ONN r+ O ON h01� Q N m M rn � Como fDMtfj00000 0 4 c m d co U Q N C 0) N 2 q w 0 OD in Na00 N O WMO»�CAOOOtn Z M rn tnMO C0 VM O L6 r CO CO N r N r M d' V' 07 0 O F- Efl W. 64 69 fA V3 tfT fH fR ER fPr vi fH » 6 6 O OOOOLo to000000 V I� Ot[)CD d'c-CO CV OOOCOO co r to 0 a. 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State of California County o �V�ttlY�f I 1 } On 0 t y 2 —OLCe before me, Ci Q ✓ tf I'c era msen name an eo eo mer personally appeared who prov d to a on the basis of satisfactory evidence to be the person whose name is a subscribed to the within instrument and acknowledged to me that as j he /s / y executed the same in his / rr authorized capacity(jand that by his/ r /t� signature( <n the instrument the person�or the entity upon behalf of which the personL*ra�cted, 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. M. T. GARCIA IL WITNESS my, h d and official seal. COMM. #2072225 w m Notary Public - California) SAN BERNARDINO COUNTYA My Comm. Exp. Jul. 19, 2018 Not Public Signature (Notary Public Seal) OPTIONAL INFORMATIO N OF THE ATTACHED DOCUMENT (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) El Corporate Officer (Title) 71 Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2016 Version wv✓iv.NotaryClasses.com 800. 873 -9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Cal f ornia stances regarding norm wording and, p'needed, should be completed and attached to the document. Aclnaowledgmenls -$iom othe, lot, may be completed documents being sent to that slate so long as the wordbc; does not require the California notmy to violate Calffnnia notary ) law. = and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing offincorrect forms (i.e. he /shelf u,y, is /ate) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pemrits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Bond No. SU1141025 Premium $ 493.00 SUBDIVISION PERFORMANCE BOND - CALIFORNIA WHEREAS: City of Rosemead State of California, and BMC Rosemead, LLC (hereinaftcr designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated u _ I , and identified as project, for Elements at Rosemead- Street Improvements: for tract man recordation and is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the Principal and Arch Insurance Company as Surety, are held and firmly bound unto City of Rosemead hereinafter called "Obligee" in the penal sum of Forty Nine Thousand Three Hundred Two Dollars and 00/100 Dollars ( $49,302.00 ) 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 condition of this obligation is such that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, 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 face amount specified therefore, there shall be included costs and reasonable expenses and 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 rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the teen of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term s of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety named, on July 28 2016 BMC Rosemead LLC Principal By; ance e' Arch Ins nc Company Surety By: S e 9 4 phen . Kazmer Attorney-Iii-Fact CORPORATE °0 - SEAL 7971 '�` 311 South Wacker Dri e Suite 3700 Address \lssouri Chicago, IL 60606 Bond No. S U 1141025 Premium Included in Performance Bon SUBDIVISION LABOR AND MATERIAL BOND - CALIFORNIA WHEREAS; City of Rosemead State of California, and BMC_Rosemead LLC (hereinafter designated as "Principal's have entered into an agreement whereby principal ees to install and complete certain designated public improvements, which said agreement, dated —, and identified as project for, Elements at Rosemead- Street Im rovemenw for tract map recordation. L i and is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rosemead to secure the claims to which reference is made in Title 15 (commencing with Section 3082) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate Surety, are held and firmly bound unto City of Rosemead (hereinafter designated as "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 Forty Nine Thousand Three Hundred Two Dollars and 00/100 dollars ( $49,302.00 ) , for material 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 sum hercinabove 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 the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and included in the judgment herein rendered. It is 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 them a right of action to them or their assigns in any suit brought upon this bond. 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named, on July 28, 2016 BMC Rosemead, LLC Principal Arch Insurance Company Surety By: �1n l7 11A S tephen Kamer CORPORATE '0 311 South Wacker Drive uite 3700 _ f� Address Chicago, IL 60606 SURPATH 2014 This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint: Stephen T. Kazmer its true and lawful Attomey(s)in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations. Surety Bond Number: SU1141025 Principal: BMC Rosemead, LLC Obligee: City of Rosemead This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations In pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surely obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A, SURPATH 2014 In Testimony Whereof, the Company has caused this instrument to be signed and Its corporate seal to be affixed by their authorized officers, this 28th day of July , 2016 Attested and Certified Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company Ex1Sp(NNiE �'rf SW, z Musaua David M. Finkelstein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. 1'1MQ ZALV4air pxr Nan a,.xr� tfOS4RIAt.SFlct�� HELfNSP1+F�tw, Rotayilc t;Hyef Phfadephta, Fhlla. . Cd Ginn[ kasOdtsl i7._ Helen Szafran, Notary Public My commission expires 10103/2017 CERTIFICATION Jul atr�ck K is , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated y 8 2 11 bb on behalf of the person {s) as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 28th day of July , 2016 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES R ELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division r( 3 Parkway, Suite 1500 Philadeiphla, PA 19102 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. State of Illinois} } ss. County of DuPage } July 28.2016 before me, Tariese M. Pisciotto, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer known to me to be Attorney -in -Fact of Arch Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. seeooeoeeoee•ee•eeoeeees®® ®� + "OFFICIAL SEAL" $ TARIESE M PISCIOTTO i + Notary Public, state of Illinois My Commission Expires 06/26/2018; ♦ �• +e + + + +eeeeeeeeeeeeeeeees♦ Commission No. 560807 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califs mia / ) County of >OA a C_\ara_ n �U 1 ' t) J O 0�3 J, 2_U (o beforeme, Date Here Insert Name and Title of t Officer personally appeared Name(s) of Shyner(s) who proved to me on the basis of satisfactory evidence to be the personN whose name(S) is /are subscribed to the within instrument and acknowledged to me that he / ^heA4ey- e xecuted the same in his /herAhei- authorized capacity(4n), and that by his / hef4veir signaturef4on the instrument the person(4 or the entity upon behalf of which the 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 nd official seal. JULIE ATWOOD Commission #r 2126290 a =: Notary Public - California i Z Santa Clara County $ Signatur Mv Comm. Expires Oct 8, 2019 ignature o Not ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc menit ' Fe- , ­4v rn Cqa cz p Title or Type of Document: tuba ,Vts»r, 5 Document Date: Number of Pages: Signer(s) Other Than Named Above: , 54 in C Z fYI e/ Capacity(ies) Claimed by Signer(s) Signer's Name: L, o P( �4 Corporate Officer — Title(s): t^ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rtl C ! a5 C Name: ❑ Partner — El Individual ❑ Trustee ❑ Other: _ Signer Is Representing: r — Title(s): *ad_ ❑ General ❑ Attorne ac ❑ Guardian or Cc 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 t.n 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 Calif rnia ) County of s� Gr'1kG i � / a-C p '� II ii On �US(AS� 2�(b before me, Jull� I� dO4 (VO ar(, ) il , Date c ,�� ` Here Insert Name and Title of thedfficer personally appeared GCS zu who proved to me on the basis of satisfactory evidence to be the person(,i( whose name( is /are subscribed to the within instrument and acknowledged to me that he /shaAhey executed the same in his /her4lae4 authorized capacity(0e), and that by his /he Wytheir signature* on the instrument the personm, or the entity upon behalf of which the 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. JULIE ATW000 Commission # 2126290 9 - .=: Notary Public - California > Signature = Santa Clara County Signature of Notary Public My Comm. EM 0141 Oct 8 2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . \t Title or Type of Document: 3I0gjV SiutiL Gary (nG 4 p o Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Cl � a < im , ed y Signer(s Signer's Name: IJU S r\ L �� R�2 61 Officer — Title(s): CE g ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PAY) "SyYne Signer's Name: r orate Officer — Title(s): El Limited ❑General ❑ Individual ney in Fact E] Trustee ❑ Guardian nservator ❑ Other: Signer Is Representing: L4� d4'✓Q " ✓Q'.v L«'d..'e 'v eiQ'e�'m YQu,'e� -v O 1 • • • • • r,.y v • • :11 �•• :11 r: J•1 PAYMENT BOND Bond No. SUI 143015 KNOW ALL MEN BY THESE PRESENTS: THAT WE, BMC Rosemead, LLC 99 Almaden Boulevard, Suite 400, San Jose, CA 95113 , as Principal, and Arch Insurance Company incorporated under the laws of the State of Missouri as Surety, are bound to the City of Rosemead 8838 E. Valley Boulevard, Rosemead, Ca 91770, herein called Obligee, in the sum of Forty Nine Thousand Three Hundred Two and 00 /100 DOLLARS ($ 49,302.00 ) for the payment of which we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee for Improvements within Public Right -of -Way for Elements Subdivision in City of Rosemead, a copy of which contract is by reference made a part hereof. Said contract renews annually after the initial term. NOW, THEREFORE, if the above bounden Principal shall, in accordance with the term of said contract, promptly make payment to Obligee as provided for in said contract, then this obligation to be void; otherwise to remain in full force and effect. In no event, however, shall the liability under this bond exceed the penal sum stated above. Signed, sealed and dated this 2 " day of December, 2016, BMC Rps6ffiead. LLC PRIM PAL ^ Arch Insurance Company STY B' Kelly A. drdner, Attorney -in -Fact Sd t, Stephen T. Kazmer and Tama NN�solotto of Westmont IL (EACH 1111:1 IV' 11111 1111 mid - its true and la wful A ttorney(s)in - Fact; to make, execute seal, and deliver from the date of issua o f this power for and on its behalf as �Hffibs!Waa and deed: he dollar.: uno , � o I ano ocner sure 1j gM o ps Iq jpuiFjyanuu m LnUbe any Gully and ;amply to all intents and p Moses, as if the same had beep dutpez and acted officers at its principal administrative office in Jersey City, New Jersey. ded ov authoritv of resolutions'.adooted bv- unanimous consent o f the Board of Directors of the Companv! -- mil. VIII' 1 ..,...L.d —A —. C,.d 6., W*Mnature of then ill � l�lll president, dMe fA� ee nt, or any S d o Ma Ness Division, IIhhI ..II Hated in wriur�elbretary, and ttir�f the seal of the Compan l t1 L' i cat) l s by the Secretary, maw a 3EMyIdcsimile on any power oTalloffiW r bond pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, I. d. certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the O 0 03 03 Page 1 of 2 Printed In U.S.A IIII IIII �IIIIIIIII IIIII III Al 0000165740 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 16 day of September 2015. Attested and Certified P - - - -- k K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company a cXiOUVATE SU4.J - � L _ David M. in a stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. e.QMM0NWEAJ2V4 OF PENNSYLVANIA NDT,4RW. - HELEN StA FRAM. Milo C#y ofPflltadelph.*o M n t61i , �--� yu IV - elen Szaf ran, N tary ub My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 16. 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this of - ___December , 20 16_, W ---------- Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 VY Philadelphia, PA 19102 svrn�lrxra srµ 14n NP�3�tll� OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. State of Illinois} } ss. County of DuPage } On December 2, 2016 before me, Alexandra Sartori, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Gardner known to me to be Attorney -in -Fact of Arch Insurance Comp anv the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires July 5, 2020 OFFICIAL SEAL ALEXANDRA SARTORI Alexandra Sartori, Notary ublic NOTARY PUBLIC, STATE OF ILLINOIS r1 I MY Commission Expires Jul 5, 2020 Commission No. 840142 MAINTENANCE BOND Bond No. SU1143016 KNOW ALL MEN BY THESE PRESENTS: That BMC Rosemead, LLC , as Principal, hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto the City of Rosemead as Obligee, hereinafter called Owner, in the penal sum of Nine Thousand Eight Hundred Sixty and 40/100 ($9,860 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: Street Improvements in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting there from, which shall appear within a period of 1 year(s) from the acceptance of the improvements by the Obligee, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 2 " day of _December_, 2016 In the presence of: BMC Rown= LLC Prince By: Title Arch Insurance Company Surety By Kelly A. G deer, Attorney -in -Fact Ilglllll!�gII I��9iIlllulll��l1IIIIIIiIIIIIIIIIIIIIIi� ;IiIIV� AIC 0000165 7 41. VIII III 111 VIII IIVIIII' I Il I'91 III° 1 III III 911 9 I l II y _ �pIIIII � e 11' Y. p x _ :- Tv�o�ttorne limits thus se�tamed herein, and the v II I d'I uth �i ' 0 bind theCom e n manner and to the extent herein stated. Not valid for Mortgage, .Note, Loan, :Letter of Credit, Bank. Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. °1 OF ATT IIIIII III °II ` I I V h� omm�n' � V ill VIII u "" Know All Persons By These Present IV That the Arch Insurance Company, a corporation organized and existing under the laws of the (State of Missouri, having its principal --D dmims trativ e � ] �E`q in Jersey City New J ersiev (h eEe i rsaftel r eferred to as the "Go ) $I l r by appoint l n (r e awn L. Morgan f l are Moore, Joni e t l l l plc Illf'�I I I V'�I ' � iI III1 I ardner, Mary # lim Sc rM , Stephen T. Kazmer and Tatra M�scofto of Westmont, IL (EAC III its true and la wful A ttorney(s)in -Fact, to make, execute, sill al, and deliver from the date of issua o f this power for and on its behalf as � rffb and deed: I and nzW undertakings, r� i �t I �tWYsurety obligationa epWsUR roPexceeding Ninety Million Dollars;($g0.000.000:00. This authority does not permit the same obligation to be split, into two or more bonds In order to bring each such bond within the dollar: fi mitofa Ll at forth herein. II j�ke bonds, undue �os and other sur P I� 1 ti of these m�g b upon the said Company as� and ully amply to all intents and Y l ose I � ISI if the same had been di -eze�d and acknowledged by its regularly elected officers at Its principal administrative office In Jersey City, New Jersey. Th P owee" fA—ttor ney is executed by authority of I;e f adopted by unanimou co nsent ofAhe Board of Directors of th C ompany e e ms - X 011 true anc) are hereinafter- s e y certified toly tl re full force an( �II� "IIIIU IIIIIII llll�lu� 'llllllllllllllllllll'Id� ' — VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice': President, of the Surety., Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and 'authority to appoi agents and attorneys -in- fact,' -and to a uthorize them subject to the limitations set forth in their respective powers of milattey _ illiffESto on behalf of theC-osraa seal of the o pp n r undertakin s rec izahce r� - r� obligatoryt�u such o i � Is r° pg l� I o��e l lappolnt agenp Mi ll Ir1I I Vlli� Ild g. I �I This Power of Attorney, is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company; on September 15, 2011: ''' at� nature of the9 a � 1� 6 t III 11 ,President, oeeent, or any S�rT d � o€ ht u mesa Division, IIIIIIIfIf� e IIII II,�n I , 1 �1'i Hated in wrltiry c3 e_ii 3F�- and tth�r reef Se ry, - fhe seal of the Compal ;a'dd Mflbatfiduris by the Secretary, marm affRM byTacsimlle on any power o mieyl bon executed to the resolution adopted by the Board of Directors on September 15, 2011; and any such power so executed, sealed and certified with respect to any bond or undertaking- to which it is attached, shall continue to be valid and binding upon the Company III Ii III 111 VI I ' I dll�Il II II 1 II I ��Vh VIII � IIIIOI 1, 11 ll 1 11111 11 1 V IIV I 0 0 03 Page 1 of 2 Printed In U.S.A -- III ulll, illllp 1 it - — AIC 0000165741 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 16' day of September 2015. Attested and Certified .� f - - - -- -- --- - - -- - -- - --- Patrick K. Nails, Secretary - STATE OF PENNSYLVANIA ilo COUNTY OF PHILADELPHIA SS Arch Insurance Company David M. in a stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. wrtwtramx A NOTARKILS� HUN STAFFIAK NOt2lyftI� GII of F1 padelphfe, Rita, ta, nt Couyy P Gtam wssnM1 Cres( aber3 2917 — — - -- - - - - - -- elen Szafran, N tary ubli My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 16. 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ___L--- day of — December 16 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division a � 3 Parkway, Suite 1500 y d (�+ Philadelphia, PA 19102 � ssrxnrrcarc sUE aR )an OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. State of Illinois} } ss. County of DuPage } On December 2, 2016 before me, Alexandra Sartori, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Gardner known to me to be Attorney -in -Fact of Arch Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires July 5, 2020 10FFJ61AL,SRAL AALKXMlRh;M'gj NBOAARI�BUBk/CS $AAT�7 P�fLk,�altlPJs M1ArC*"%A 1E>0 F #@dP SPA 0 Commission No. 840142 Attachment B Tract Map No. 72871 SHEET 1 OF 2 SHEETS 2 LOTS TRACT 2b27 ACRES N O. 72871 IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. ROBERT L WHEELER N, La 8039 DATE OF SURVEY: JANUARY. 2015 BEING A SUBDIVISION OF A PORTION OF LOT 40F TRACT NO. BSG AS PER MAP RECORDED IN BOOK 10 PAGE W OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. FOR C OMMERCIAL AND CONDOMINIUM PURPO OWNERS STATEMENE SURVEYORS STATEMENT: NE HEREBY SIAIE THAT ME ARE ME ONNERS OF OR APE INTERESTED IN ELBE !ANDS IN.-- THIS MAP RAS PREPARED BY ME OR UNDER MY C RESTON W DIN TIE MARDINSUY SHUGH ON THIS MAP MIND THE DISTNCTK BORDER THE ME WE AND IS SASED UPON A REIB SLRVEY IN CONFORMANCE SCH CONSENT TO THE RESTORATION AND RUNG OF SAID MAP AND RUSUNU ON. ME REWIREYENTS OR TIE SUSO:NSON MAP ACT AND LOCAL ORDINANCES AT ME REQUEST O BUY ROSEMEAD, UM, A ME REAL PROPERTY DEGREE BETAW IS HEREBY DEDICATED TO ME CITY OF CONAMEAD AS AN DECORUM FACES IIACULTY COMPANY, IN FOUGUARY, 2015. 1 FOR PUBLIC PURPOSES: ME EASEMENTS SM PUBLIC UTNTY, INGRESS AND EGRESS AND HEREBY STATE MAT ALL MONUMENTS ARE OF ME E ASEMENT FRGFNCY PURPOSE AN FROM PV MIS MAP, MASTER AND OCCUPY ME ECOTONE INUMATED OR MAT THEY WIT BE SET IN SUCH POSTURBAS OV OR ARMS' MARCH 17: AND MAT SAID MONUMENS ARE M WLL BE SUEACIMT TO ENABLE ME MRYEY TO BE REERAGET. AND MAT HIS THAT MAP SVSSTANTIALLY CONFO9MS TO ME LOYOITONALLY AFPR TENTATME MAP. No. SAM BMC ROSEMEAD, 11 . A DEUWARE LIMITED LIA&IITY COMPANY / OETQD O I HEREBY CERTIFY THAT A CERTFlCATES NAVE BEEN FILED LL Zi V ARC /Y S iCA ,{ ANO DEPOSITS HAVE BEEN MADE AT ARE REQUIRED UNDER ftDSERi L W!EiLER IV, LS. 6639 DAE B Y. BY MAP ACT. MDR INTEREST IS SUM MAT IT CANNOT RIPER INTO A ME TI AND SAID SWAIM Is Or NAME; n r—:TC NAME, CITY ENGINEERS STATEMENT. L.�WAIaK MILE: ( \$..L Pttac w t' TTL 1 HEREBY COURT MAT HALL EXAMINED MI5 MAP: MAT IT C SUBSTANTIALLY TO ME COUNTY OF LOS ANGELES, STATE OF CALIFORNIA VE MAP A A F F OTFAATS THAT AT ALL l PRO M9IXVS W LOCAL M LL ME THE CITE OF ORE SE N DN MFAD A AT Ai M M O' E THE OF APPROVAL ME T TORR O AGI UE By 9oH ML➢ ACT SECTOR PROM d' 90H5 ME SUBDIN SEC MAP W BEEN UED�'M MAT T ALL ALL PR MAP HAK DEPUTY CAME ) LW WE m Ml 66062 ( (]I nA\E BEENJAMPUm �/ L Al. � . / I HEREBY LETTER THAT SECURITY IN M E AMOUNT OF F.C. M. FAFAM. $ HAS BEEN FRED 'M1H TIF EXECUTIVE OFflCER, CUP ENGIXETF OF CITY W ROSEMEAO R.GE x6 AIM BOARD OF SUPERN50R5 OF TIE COUNTY OF LOS ANGELES AS MY REgSMATON EXPIRES 8/]0/IDId NOTARY ACKNOWLEDGMENT: INTERIM IS Sd1 MAT IT CANNOT ARM ZING A RM THE AND SAND SCNATURE IS P. REWRED BY ME A HDTARY FOSS OR OMEN gHCER WUall I D11S CuUNIAIE VcRIFlES DI:LY ME CITY SURVEYORS STATEMENT: !!ELSE DF ME IN Q.1 I M. T N WHOM MIS 6RBFlC4IE IS I HEREBY LABOR MAT I HAYS ROUNDUP HIS MAP. MAT IT COUPLE %TV ALL PRONSGNS OF ATIACHRE AND NOT ME TIUMMXESS . OR VAUDNY OF MAi WCIMEM. ME STATE LAW APPUCABI£ AT ME THE DF APPROVAL OF ME 1FNTAT\c MM, AMID MAT I MI STATE I CAMFORNIA BE CWMY OF AMCIES SATEFlED MAT MI5 MAR IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY ME CITY ANSWER. ,L ON TI91lC CREWE ME, NY WENIi ANOTARY PUB. L, ✓ /A�� �I23 /�D(Wj �T / / -� O iUN'NEll pFASONALLY APPEAPEO ,11`e �" I Y DA ✓ O C CT, OF g WA ISSE .T, M RMQIEAD L5. N0. ERN M ME Ox ME BASS OF SATISFACTORY ENOENCE FA DE THE FAMOUS) WOE NAMES) SRAWS (ME BUBSW ED TO THE AMID INSTRUMENT AND ALMONMENT TO ME THAT HEjS'.i!/UIET EARCLUM ME SAME IN HIS/Y )THEIR AUMORIEM CAPACTR EST. AID MAY BY H1Sp1B(' /6138 CITY CLERKS STATEMENT: YGNATIRE(S) ON THE INSTRUMENT VE FORSd1(S), OF ME ENVY UPON BERALF OF MACH ME I HEREBY STATE MAT THIS MAP WAS PRESENTED FOR APPROVa TO ME OTY COURM OF ME PERE.GS) AMP ERRHOU D ME INSTRUMENT. , CITY P ROSWUND AT A REGULAR MEETING THEREOF HEM M ME _ OF _ . BRADY UNDER PENALtt OF PERELRY ORDER ME TAWS OF ME SLATE OF CALIAYMM MAT ME 2015 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND DID APPROVE ME FOREGOING PARAGRAPH IS TRUE ADS CORRECT ATTACHED MAP. SAID COUNCIL CIO ASBU Y. ON BEHALF M ME PUBUG NBFCT TO WINGFMENTS: WERE MY HAND AND EUGAL SEAL AxD Dm use AcaPr ON BEHALF of THE GTr of ROSEMEAO: SIGHT IRE_ MY PRIXdPAL PLAGL CF BUSINEES IS M E. INGRESS E PASTURE FOR PURI UT.T AND CGME NOTARY pUBIJC IH ANO 6G IN L4 COUNT, AND WORGENCY PURPOSES AS BROCADES. A . A"I IA��•L'- MY COMMISSIM EXPIRES: AID (NAME PR�IN EI—D) MY COMMISSON NC: EROD 23,b NAME, DATE MY SERI BE ROSBMFAD SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY MAT HIT SISELIAL ASESSMENTS 1EMED UNDER ME XHIISOICTCN OF ME MY OF ROSEMEAD TO PAGE ME HAND INCLUDED IN THE WAIN SLBOMBIEVR OR ANY PART METEOR IS ANI AMC .1. MAY BE PENH IS MLL, HAW B. PAID IN FULL NAME DATE CITY CERK -CITY OF ROSJAEAD BASIS OF BEARINGS: ME BASIS OF HEARING FOR MRS SURVY IS ME STALE PLANE COORO:NATE RECTED. USE 5. NORM AMERICAN DAMN 11" AS OETERMINFD LOCALLY BY THE LINE S. N. COPY STABOUR --I ADD'LCNC', 00TH AS PUBLICHm ON NOS DATA SLEETS, BEING N09 (2011AD FRESH, SIGNATURE OMISSIONS, THE SCNANBE OF ATTEND CAMPINE COMPANY, A LORPGNTOY. GRAM OF d4 GAS. PETROLEUM AND OVER MINFRAIS AND H19ROCARROM WBSFA . PDT FAM RE .. NOWNSW 11 IB14 AS IN RRHA T N0. 201N3164S1, BY OPTICAL RECCRO£ WOODS OF ME MEAN CF LOS ANCA ES, HAS BEAN OPUTEO LINGER ME PRCM90N5 OF SECTOR 6WRRA)(3)(0) OF ME SENSOR MAP ACT. HE SCVATIPE W HOMER OF MORE INC., A CALMONIA EgRPORATON, IM R Ar AN EAMUS T FOR INGRESS AND EASE AND INCIDENTAL PURPOSES, AS BLAMED BY DEED BEGEDS OX MARd111, I. AS BOOR 01A, PAW 297, OF MR., RECORD£ RERAPH S OF ME DRUM Or WS ANGEIER, HAS BEAR -1-1 UK- THE EST IS SUM AT 11 PRD BE SECTOR 06136 (A) ]A (!I OF ME SONOM9BN MAP ACT. MDR INIU M M' OT RPM INTO A ME TT£ AND SAD ACHANPE IS NOT REWIRED BY MY 1WAL AGENCY. SAID BARNETT IS INW FAMIBAT_ IN NAT TE E 51MATURE P STTE N CALIFORNIA MII. COMPANY, A CALEFFERIA LOiPWATLN. MEN N AN THE W I HEREBY CERTIFY THAT A CERTFlCATES NAVE BEEN FILED LL REMFNi FOR MEMO T TUTES ANT INCDXPL PURPOSES AS DECIDED BY OPEN MODEMS ON SEPTEMBER 13. 1154 AN INSTSJMEx N0. H07, SW% REES, PAW 162, M PTICAL REGIME RECORDS BE ME LGIWE BE ANO DEPOSITS HAVE BEEN MADE AT ARE REQUIRED UNDER LM ARCHES. HAS BEEN OMITTED UNDER ME WRIASNS OF AFGHAN NA$5 (A) ]A D -OU OF NE SBDINSIOX THE PROVISIONS OF SECTIONS 66492 AMC 66483 OF THE MAP ACT. MDR INTEREST IS SUM MAT IT CANNOT RIPER INTO A ME TI AND SAID SWAIM Is Or SUBDMSION MAP ACT. REWIRED BY TAE MR. AGENCY. SAID EASEMENT IS RIETRMINATE IN NATURE EXECUTIVE OFFICER. BOARD OF SUPERNSORS OF THE X CO ERS OF SW VFRN WUNTES GAS HAPANY OF CALMANIA, A CCR OABOI. ASUDEP LE, AN COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SMSAY FOR OAS PROM AND INCIDENTAL PURPW -T AS DECTOPER SY MED SPOWNED OT s3TWRT I4. USA AS INSMBNENT ND. BABE. SOCK IFEW. PAR 17 W LOCI RECRD£ MORRIS GF ME OXWTY V LOU MBI By BEER CM!TRD TRUST ME RMONONS W £STAN 664. (A) ]A III M ME SBBIV.90N MAP ACT. DEPUTY CAME BR INTEREST IS SOW MAi li CVSNOT RIPEN INTO A EEE RRE WE SN9 SLNAMRE IS NOi AWARE BY ME OCTAL AMENI SAID EM MERT IS ME EMIINA E IN NATURE I HEREBY LETTER THAT SECURITY IN M E AMOUNT OF ME &MATURE CF THE PROOF CTRONE TELEGRAPH COMPANY. F. BE AN SWEATY FOR ACHN. AND E UNDERGROUND CWIMUNILATON SMVCVREA AND INCIDENTAL PURPOSE, AS O3CLOSEO BY MET BECAME BN UN $ HAS BEEN FRED 'M1H TIF EXECUTIVE OFflCER, 1E,19Ta AS INCTNMEHi NO EB6] W DIfldAL RELARDB. RaCORDA BF ME COUNTY OF IM ANGELES, HAS BOARD OF SUPERN50R5 OF TIE COUNTY OF LOS ANGELES AS BEEN GOTTEN UNDER ME PRTMONS Or GROU CH AWAS (A) 3A (ELI Q ME SURdN9W MAP ACT, MAR SECURITY FOR ME PAYMENT OF TAXES AND SPECIAL AREESSMENTS INTERIM IS Sd1 MAT IT CANNOT ARM ZING A RM THE AND SAND SCNATURE IS P. REWRED BY ME COLLECTED AS TAXES ON ME LAND SHOWN ON MAP OF TRACT NO. LOCAL AGENCY. SOLO SMAMET IS INDETERMINATE IN RANTER 7E71 AS REQUIRED BY LAM. ME N OF HOMES d' MERIT INC., A CALIFORNIA TON. HOLDER BE AN EASEL ENT INCLUD E XECUTIVE , SORS OF ME OFFICER HOARD OP SUPERN FORE AN N T EnGP POSE ]]4p5 R:CCRBS RE[WDS�OF ME COUNTY MY ME ME ANGELES HAS RT RES Y COUNTY OF LOS ANGELES, STATE OF CALIFORNIA pTTT➢ TINDER ME PRONSIONS OF WOMAN RRI. (A) 3A (I -All) CF ME SBONSAN MA ACT, MDR IXIEAEST IS SUCH MAT IT CANNOT RIPEN INTO A FEE mL AND BAIO 9GNAWRE IS NOT MOUNT BY ME LOCAL ACRES' BY DEPUTY DATE SAS DISSIDENT IS INDETERMINATE IN NATURE m m D I '^ s O yzpz- x� a y,�NN y v O a N o m�m2 oaf u� m 0 0 D >D- [30.00'] R1 & R2 0 LL I, r i HIT 2 P sm ? o ^ ° u t V ° N�m O O O O O O O vamoD oao, IF -1 o Q � - - R °A o - m Foy�y Ay a m N -n oa oaN 3 - y a z mz -�"�oz ago F�oan oyax >9> nn a� Z A - -y ° i - _si _ AT boy - _ Npza o�T o � N £'cop„ A J2 am >acN ocS p�Hp� ° N N N00 ° "^4'W 660.97' 660.89' 111 & R2 o N (34.64) R2 � RIVER AVENUE `" (, ESTABLSHED THE WLY MAP BOUNDARY LL PARAEL TO ELY BOUNDARY LINE THROUGH M6 PER RI NCO 660.96' (660.89') 4gm� �S smoK I I j.:. 25' sl IN L4 °r =1 oln_wILT o ro O it _ 128'I� _n � IP8 o m�a N_qo ESTABLSHED THE WLY MAP BOUNDARY LL PARAEL TO ELY BOUNDARY LINE THROUGH M6 PER RI NCO 660.96' (660.89') 4gm� �S smoK I I l "r�� U G siose' [610.69'] R1 w 1 N00°0]'5TW 660.98' (660.89') R &R2 o -y 93 ESTABLISHED E'LY MAP BOUNDARY UNE 130 HOLDING FOUND M4 & ME PER RI. u = A AN 41 20J 5�I4 p0� L A ND E IN RELATIONSHIP BETWEEN S .. LINE °- m -m oa > w n ,a a RqQ W , N6Ze IO 2g2 ZZ) S'LY LINE OF R3 AND IERSECiING AT E'LY LINE F R3 AS SHOWN O "W fifi0.98' (6fi0.B9' RI & R2 ) _ 223.3�2232� R1 - 38 7XRB 38].62') R1 I ESTABLISHED E'LY UNE OF R3 PARALLEL AND DISTANT 150.00 FEED [20.00'] R2-= -' FROM THE ELY BOUNDARY OF THIS MAP, AS SHOWN ON RI & R2 ` -- ° NO9 °56'1] "E 48]]3.]]' (BASIS OF BEARINGS) r 2 vm - -ai v, R s' e f� ono °moo N Nz rz �0 Au o�z $, o , - m�o y. Nan °C > �a �� ° o �o° N° ° m ✓, y _ m° y�y = r v,nN _ � � zc u �°= i..�.v m° aZ z z < ° no�NA - �° o �'?° m ycai fzNr °zz a o _ 4� �� =z o m o�a� �O� . °�. y nO F Viz y °y, zro ,am r ��C zaoz m�l� o v,e �u~n-, u 0„I n9 Z'l om4 zR o�aa, a ul Hi m om a I� I k NI ,`za,r sl IN L4 °r =1 oln_wILT o ro O �nj n)c _ 128'I� _n � IP8 o m�a N_qo LI1 -- L10620 Lit uGGm ] 10 20 111 -_ 89.26' T an J - c_ _� -5oo l "r�� U G siose' [610.69'] R1 w 1 N00°0]'5TW 660.98' (660.89') R &R2 o -y 93 ESTABLISHED E'LY MAP BOUNDARY UNE 130 HOLDING FOUND M4 & ME PER RI. u = A AN 41 20J 5�I4 p0� L A ND E IN RELATIONSHIP BETWEEN S .. LINE °- m -m oa > w n ,a a RqQ W , N6Ze IO 2g2 ZZ) S'LY LINE OF R3 AND IERSECiING AT E'LY LINE F R3 AS SHOWN O "W fifi0.98' (6fi0.B9' RI & R2 ) _ 223.3�2232� R1 - 38 7XRB 38].62') R1 I ESTABLISHED E'LY UNE OF R3 PARALLEL AND DISTANT 150.00 FEED [20.00'] R2-= -' FROM THE ELY BOUNDARY OF THIS MAP, AS SHOWN ON RI & R2 ` -- ° NO9 °56'1] "E 48]]3.]]' (BASIS OF BEARINGS) r 2 vm - -ai v, R s' e f� ono °moo N Nz rz �0 Au o�z $, o , - m�o y. Nan °C > �a �� ° o �o° N° ° m ✓, y _ m° y�y = r v,nN _ � � zc u �°= i..�.v m° aZ z z < ° no�NA - �° o �'?° m ycai fzNr °zz a o _ 4� �� =z o m o�a� �O� . °�. y nO F Viz y °y, zro ,am r ��C zaoz m�l� o v,e �u~n-, u 0„I n9 Z'l om4 zR o�aa, a ul Hi m om a I� I k ` ROSEMEAD p PLACE a - A m -30' ip - ouu �yiz {A Cam m z J O = I m C0 y m m J mz O 9 m SULLIVAN v `" AVENUE > s o z a - y O C mN O z 9 a _ v D �m py r 1 V s �O 0 oo 30• rmi' g z Z4 o ro O mz ja m� Dm N mN i ` ROSEMEAD p PLACE a - A m -30' ip - ouu �yiz {A Cam m z J O = I m C0 y m m J mz O 9 m SULLIVAN v `" AVENUE > s o z a - y O C mN O z 9 a _ v D �m py r 1 V s �O 0 oo 30• rmi' g z Z4 o m U 1 ° N y - 1 — 610.98' o u TT — NOVO7'57'W 660.98' (660.89') RI & R2 o ro O mz ja m� Dm N mN �v w o m U 1 ° N y - 1 — 610.98' o u TT — NOVO7'57'W 660.98' (660.89') RI & R2