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CC - Item 5G - Approval of Tract Map No. 74095 and Undertaking Agreement - 1151 San Gabriel Boulevard ili < ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGERS J. DATE: MARCH 27, 2018 SUBJECT: APPROVAL OF TRACT MAP NO. 74095 AND UNDERTAKING AGREEMENT- 1151 SAN GABRIEL BOULEVARD SUMMARY Tract Map No. 74095 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. Tentative Tract Map 74095 is a condominium subdivision to create 21 legal condo parcels for the development of 21 single-family dwelling units at 1151 San Gabriel Boulevard. STAFF RECOMMENDATION It is recommended that the City Council take the following actions: I. Approve Tract Map No. 74095 along with the Undertaking Agreement. 2. Direct the City Clerk to record Tract Map No. 74095. ANALYSIS On March 6, 2017, the Rosemead Planning Commission approved 'Tentative Tract Map No. 74095 subject to Conditions of Approval for the development of 21 single-family dwelling units at 1151 San Gabriel Boulevard. Tentative Tract Map No. 74095 requires the sub-divider to construct new offsite improvements, which includes a sewer line, storm drain system, landscaping, and survey monuments within 24 months of the recordation of the final Tract Map. To ensure that the public improvements are constructed within the 24-month time period, the sub-divider must execute an Undertaking Agreement and provide a Faithful Performance Bond/Labor and Materials Bond (Bond) in an amount estimated by the City Engineer. If the public improvements are not completed within the stated time period, then the sub-divider forfeits the Bond and all improvements would be completed by the City. The sub-divider has provided a Bond in the amount of$1,225.273. ITEM NEMRER: City Council Meeting March 27,2018 Page 2 of 2 FISCAL IMPACT—None STRATEGIC PLAN IMPACT—None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Submitted 46111 1 m1,ittted By:. Rafael M. Fajardo. P.E., City Engineer Michelle G. Ramirez, Dire or of Public Works Attachment A: Tract Map No. 74095 Attachment B: Undertaking Agreement/Bond E M O Q- I Ca,: rvlc FRIDL 7 . �RPoRRED 199 h9 Attachment A Tract Map No. 74095 O O" A2RF5 TRACT MAP NO. 74095 IN THE CITY OF ROSEMEAD. COUNTY OF LOS AN(aLES, STATE OF CALIFORNIA BEING A SL DW soN OF PARCEL I OF FAtEL MOB ND. 7]496.AS'CT MBE YwRDLE .N FON ie:. BALES s ANL e- BB PANC.MA°}. 1k THE omcE JE THE BOUNTY RECORDER OF SAID CO11NN DANE P. MCDOUGALL. L.S 9297 SATE OF SURVEY MARCH. 20'6 FOP COYDOMN,UM PUPrCSES OWNER'S STATEMENT 4r HERB.,STATE mi AT NE ARE THE LANE* NnaerzD sIB THEI IN,MCuD_. M LLEiciNZON MOW al ass HAP TURIN DIE iN MI85159 UNES.AN, OF CONSENT TO THE NEPA-RAIN.AND FILTNO OF OFT MAP AN MONSON 5 HEREBY COPAN TO THE or or ROSEMEAD An cefill no'1.mlxJWR "NM AS SIM"MT SAD MAP rSfuuu..lN�sAw Eassz. SURVEYORS STATEMENT . UNDER iSUIONMBASED WAT '4aax 6C Nmax.,INC.,A cruW BE wwl om,c...ER; 1 F uPlMAP K4 CIO ¢ ME PENES!Cf ITE5TERN PASFiC KuSING.INC.O./mini IT.2016 I THAT ALL THE MONUMMIA ARE 01 ME CHARACTER MO DCOMY PIE PINIONS INDICATES OR THAT THEY Al SET ✓ �p ._((T 0 JIE INT+LL "9F SET NE LLB,'To RE wiz Affr Ev/� �\��1-` 0 I ru Y RPROAEI flTAC OF yYORu KG TS CII .N. u u . S TO MA MN: SMm( IC6 P_At£IR WT NAME • cs.'01"3"C--- 1/1f/le ?#ia Re JM14m4HIro BASS OF BEARINGS NOTARY ACKNOWLEDGMENT If FORMIC 0101*TtMEON ARE BOO C•T OF LAMIENTI MENTTE SHO" M MAP No I xe/SO I CIENTEREIIE NECw6S Of w monis edNr, IS ATTAI4LL.M.NCI ME AND alOw u nu Arsi ON THIS uAr. u11.LNI_e.iv.._r.>»r,uL� a mel COMMENT . CITY ENGINFFR'S CERTII ICATF TEAT IT FONFORMS SESTSTANPAEL"TO THE COON .na:MICR" /hyoJa• ItFTTATIL&`MAAPn€Al APPROVED AL©RAnwS"ior ct, rt 051901AN 5 ME TENTATIVE OF eta.I.X16 torr lc J orale MarshHAN SEP EU ATTHE ME OF n RNN K.Iha Oat *0 PROAEW TO Mf JIMIED MAT :non m `. BAPS 5 wl MCENT I6 BE THE�NJMA1*TOM HAMA CNN SJBSIRO rf ME'MNf. M'0,o,HOF BEEN.W M[[YAM MAT t//a[/RC ItNrtD M SMAC N Ye/lR/TI AxmgRN +� �. M BrRarvq/W ME On THE FsIRJUENr TIE��1I(t OW Pt poor us [SET IL Yinh ADM%LAIC OF TIE STATE 6 CMIONMA M.I.THE NBE.516 c +j4 re I` PARATTPAN IS 1151 AND CORRECT I MT6' Tl Ae HEEB.an Cr OBENE4r, DATEAV C. / um!�/ S.wr AE 04."•^0-Month, INNSNA* -TOGena Mnlaf. N Lo.4r4d0 COM CITY SURVEYORS OERTIFICATC I ar tV)E/COMFY CITY STATE uw CENT" AT TET NEMAT I ON OrAPwor:L OF TT TE iINN115 MS AP. ND THAT lx019015 5 AM:Ancor. MT CONASSION NO A. .P2$ M. N. CORRECT. M.OMMISSMIETPIN5 &#w Rp1TNT ae/f 9. y NOTARY ACKNOWLEDGMENTtpit, (��/f�� .< M yc`J 'art,nT r ,To 0-S" 3-LOMB ) III rz HA ert0 x /x0¢xnru.P.Lx DATE ' ML JE 1LCY w.0 JMn. EArt :MCC" ab<44irk CITY CLERKS CERTIFICATEI 1-111031 THE 0•Y COMO-5 MG SISir r+ ROSEMEAD Er MOON ADCPTED AT FAT ANmM�J. v,Anne C marsA� c_CN TIE _APPROVED ME ATTA.ZHED HAF C.fnv+ mrc W t� n�ylL% t 1w rc MIAu NOM ME croCAION F5 xR�C1 IMS wl EmLu aE'O+:AAC.A 0#SENT U m Ft, e/M M NFe)C/%E AN HIV o DIE YIMI As CMN w T5 MAP m,svccC i 11€m WE NT TIN His/nlrvan AL m4E.111.A* IL+IEF SSTawm TMAAEcJTr M 111EM<MNTAT M xR=w»CR THE NIT` MON CICU R reiw IS PPsmrq Ana.DErNIM THE E AUMMT Cr CLERK BTI M nucvEw BATE uwx TIE un OP'HE STATE V Cuemxle MAT ME NRmxc r.BAaPx(IwE ANE w1E. SPECIAL AS$ESSMENTR CERTIFICATE mom cAILREJ Eckw 'EV 110 MAOI MAY BE ruOM NEL HAW BEEN Pu.ix.Ju muY PAR,THEREOF IC uafu euSiKss 15 IN PANED NNE HO not Mand. .Aller vwrn CITE LEERS w1 a ROSEMEAD arz MI COMMITPON O 2/0/JSd M. COIM5SCN ONES Apr, al (7 SIGNATURE OMISSION NOTFS M Br TRRl THAI¢CownwMANwxrr THE MANURES PANED ANON THE PROMUM'S 6 IK 93101MYN AIM �IHAN AS REE/!1LFO win ME E¢^.nK OT.CG. AN MICOMIT OF 'A):EA- 'A TNTERESM ARE Sin'MAS Mn CANNOT R1En INN A r¢ - AN_ES AS SEDLETY TUT AND CIL aa. Nor POP IV THE LOCA.ACOICV SSSryprs CLUED%c AS yAks a,THE opo AN!HYMEN!PDP TEC YEMEN a A PATER SYSTEM. Iewms BT u.. On ax MAP PAF NATE HAFT NO LIw.. OF CEMENT RECORDED IN X 5x. ASE ED OFFAL RECORDS 3MR EASISFT IS NOT BCC.PBLE TIP RECONS. @ VTI60.BOARS 6 SPIXN 6 The COUNT Or LOS C LILL E UNDER AN Cr AC CFS LEASE AN In OXNIAL MYCOSES.MIT D JMEN ACCENT STATE R[wlftlMlA 3'CIRTEO NOKMEER '.A TNS AS INSmU MT NO ETAS ANT'3ICIC RECMJ5. ME B6w TMES Cr PK FOu]MVC HALE TEEN MINED C'SEA ROMBPf or ME 91BEi NSON MN BY DEBUT, u+TE MST CSC°CAC"a p$^TOR THESES'15.d THAT IT CANNOT RIPEN MN A FEE THU.AND SAIM SCNATJR S AC NP FEYJITa Cl?ME Itt4 A6NCY I HEREBY ONntt THAI U'.v.MISATTES NAM�M MET]ANS CErefi HAW ea^NWEE THAT ARE ME PAOn9S15 OF MOTIONS 66e2 AND ON MAP AC' TIM s. M01501.5 5 N ERAS E APCN_CLF�IA AMIE LDER 6%OR TO. Ma < w SeTEM ES Ercc BwL AME._ AUF . A IP" .INCA COLORADO CORPORATOR.CYBER BCE.'ERER IN B.-Ms.6.1 NEPAL 9575. NATuRAL R-RCARBM ceMmI COTHSSHAL PM ANCAm LwMENI RECBREwn „ . wswEEr RC e :FPJtt ,41,E SONSTEC 0JuRECORDS RECOOB TRACT MAP NO. 74095 IN THE CITY OF ROSEMEA], COUNTY OF LOS ANGELES STATE OF iNSE-RITA FOR coNcn,UR I/.V =_ ?-VS NORTH LEGEND: GRAPHIC SCAT SP. SEAPOd MIX neer• .harts ax �1iI doh-we e er 4 2 r.x i SAN GABRIEL BOULEVARD421 `" ..2.2\ ARa• 22,89 - a cu =K '. I r i4= 1 i I_ — — Ig v Lei . ps ma I NOT A PART OF CO • MONUMENT NOTES Ir m THIS SUBDIVISION I MIR ms z ,2. - STA WPC ,alraPI.„ .=WETS/ - 1 �Q ORANCE o „<�, _�a�1222 P30 STREET - xASS`M r.Y:,x II.x r S .BOULEVARD AND no„WISUE LOTp o SPIKE arxr- aA ACCEPTED As W &. rz ACRES - V TA wnYsmr,r u.XX- MaJLn a:e.Rost ANN a, v .x rwcr Lac NH AP � vf Q FOUND;r«.Papan«mABBE.mausaa ND RNA€reP a oNO w.ON CC POUT v - — ]r PARCEL Y ,z IC) 9 ¢ ,... .waIFw .25/90 '. or 3 , s'L:XPYSW,:,56PUB S a' RAZ-184r 1 0,„,,A,„ w aOF Pus. 31 a"I I -&, • r Im. x� c.r.Pxrce el T TI } NOT aµPART OF X,Xm . TA FOJNU ROL h 7314 21.5 2475 POR ROFP 1,26-95, ALGA Firs TIN THIS SUBUM5101. v ,, wrtrux[ xrzsscnon Cr 01416)5"DEW no u vm.c+rcn�EP el I aWA�'.r`..2.2 14X2 NOP r /z. s I O >.E JK Fs fl ✓ � I w_ if r J ANT s >G --- PpAGYO DWTiE• w '• OTO n£2P SIP F n r el"XX Ps .I mrRoc u 1271 27 dII- Q �. rwxF,,A., u�aec Pm FC , . SSW Rd 9 �Id 25SX X Ind cc� euusF2.a „ ESI< — e' v SOUND F. .Pia x� µ/-w as v� PER F.ui LJ'C m`mkp 92 F vanOK TABLE 1 &C 20 15/17 Txce CURVE TABLE . 227. oxa �m.. allOST CORNER r Pins nDU IN RHE CITY OF ROSEMEAD, COUNTY OF LOS ANGELS. STATE OF CALIFORNIA ECR CONDS AINIJNI PLIR?OSES /) y 1. LEGEND: €A SEMENT NOTES: NORTH GRAPHIC SCALE sm•mr nsuu Et LEAD mu C 4IDc, P EaNCen wain ma Ecnss - Ix NE R L f C}, LAWRENCE AVENUE xis• ]v. — - _ 1 a9F sb_ ft / 30 f .S -M .' P_fS, NOT A PART OF cc < THIS SuBBMSICN o Ly I 30 1 N2E41911'4 a" �T � 1_ - • • • • PNTTN, • • • L 9n 191 .. so Ir ]•__ 1 EINE TABU kl EA = UNE DIN I�GTAI 4131 1E 82 HI 1L1 maa.lw z27 • T • ��Ii ,I U 44 .i 73 i LOT I �� L4 N26 4413E 24s0 . ELII ACRES I r C IR I EE 1,195L\ FEEL -1 S_ 9CC0'00 m9ViL Ri rl 1 £1 NE I91 � / �� • f-RG .PDI e-9P][LC N-9>0E 00 I • • IS - T T\l HE.4— I N nD J t_S_E T • i_'Qsa1 91 N244191, PEC • • • • qCH I91 27387 E M E $ 0 lit 9 4- i ;Co CIVIC PRtE N oR,,,,„0 0 Attachment B Undertaking Agreement/Bond RECORDING REQUESTED BY ) AND WHEN RECORDED MAI.To: ) CITY OF ROSEMEAD ) 8838 E. Valley Blvd. Rosemead. ) CA 91770 ) Attention: City Clerk 1 ) (Space Above This Line/i,r Recorder's Use (NO Exempt from recording fee per Gov. Code 27383. CITY OF ROSEMEAD SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 74095 THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is effective as of day of . 2018, by and between the CITY OF ROSEMEAD. State of California. acting by and through its CITY Council. hereinafter referred to as "CITY" and WESTERN PACIFIC HOUSING, INC. (NAME) 535 N. Brand Blvd,Suite 900,Glendale, CA 91203 (ADDRESS) Hereinafter called the "SUBDIVIDER." RECITALS: A.: The CITY approved Tentative Map No. 73095 on March 28, 2017 ("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 of Rosemead (the "CITY Engineer-) for presentation to the CITY Council of the CITY of Rosemead (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)(I). 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: I. 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 No. 74095 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 Engineer. All required Improvements have an estimated cost of construction of One Million Two Hundred Twenty Five Thousands Two Hundred Seventy Three Dollars (51.225,273.00)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 h. To secure payment to any contractor, sub-contractor. persons renting equipment or furnishing labor and materials for the improvement required to he constructed or installed pursuant to this agreement in the additional amount of 50%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(I) 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 (I)year following acceptance of thereof by the City. The securities required by this agreement shall he 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 guarantee performance. can be release upon acceptance of the improvements by the City Council. The security which guarantee payment to contractor. sub-contractors and persons furnishing labor, materials or equipment can he released six (6) months after acceptance of the improvements by the City Council. 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. h. 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:VI I 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 $2.000,000 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 I), or if SUBDIVIDER has no owned autos. hired (Code 8), and non-owned autos (Code 9). with limit no less than $1.000.000 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." 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 1185 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 maintains higher limits than the minimums shown above. the City requires and shall he 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. SUBDIVIDER shall have the necessary property rights for the installation of said work, and the streets in which they are to be placed. 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 Council. 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 Council 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 determina- tion 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 he in addition to all other rights and remedies available to the CITY under law. S. 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 Council. 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-builtdrawings. 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. I I. 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 he used in interpreting or construing the terms. covenants or conditions contained in this Agreement. 14. Severability. 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. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall he recorded in the Official Records of Los Angeles County. IN WITNESS THEREOF, the parties hereto lir 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 pL,a r '( By (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 Date: A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certilicate is attached. and not the truthfulness. accuracy. or validity of that document. STATE OF California ) SS COUNIY OF Los Angeles ) On •-\\aPc V �9 , -Qi i? , betbre me. Joanne Marsh,Notary Public. personally appeared '�{ctn / rrl i ya<Ai;J . who proved to me on the basis of satisfactory evidence to he the person whose name is subscribed to the within instrument and acknowledged to me that he/;ht' executed the same in his-/bef authorized capacityrtesf. and that by hist signature on the instrument the personfar or the entity upon behalf of which the person.(aj'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. JOANNE MARSH E 11011:f Commission x 2108434 L <•• s Notary Public-California z z Seto, Los Angeles County Ary Comm.Expires Apr 24,2019 t Signature My Commission Expires: April 24, 2019 This area ibr official notarial seal Notary Name: Joanne Marsh Notary Phone: 818-334-1924 Notary Registration Number: 2108434 County of Principal Place of Business: Los Angeles EXHIBIT "A" ii'auiii 3i i � 7 1 i • ' :1;i1,01.,10 e,i ' iii Sl g 1 ; I 0°I ilii!!, i 7 e !e I 7 7, 1' Iii ti ' i->` et . .. ue i - L I eie i,iiil ill 1ei-Aildi. iii? 1 • �-at ` �i ' e ' "y�_ ��ex- ) °ilii 7-7'i ii in i' 0 s i7 , i til !Ii'iNisiiiiviiiil !t Q p ..//. �-i, liii I. oe ' ei1C!' lfifi° !e1 ... n-. „deo, !_. � ,! ,, W L -' ii: i!'lli7 ,ll: iiilliih ;III i 'l III 71 Lti - ; !, .li-l., , tip iiiiiil,�iiiiifiiisii 1$1 y 2 e,=ni•I + ? e seat!' = .i. °Ilii + Iv i isI •i ,'-I'�iii i I 94i 21W! ii t 3e III 7i. 'mull ' loll ii i I 7 7 . i i f i1 7 I i IN: , i y �'e",�� : i :,„. 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A lift l � - ia flhhe I 0 siY« ,rla / ilarm ii ii Wks ON 11 -- — 8 _ Em. o • Y St" 43:,,, { 4 i Ea a. �:� g —_fazr _I in.s_ Li ilia 3 i i III i:, a1 .ft,tptvt r 'Tif f T '' ' ' i g ape{®4Yg^��gi� ara Hp ` pg�,, :'ll II� II 1 4 11 4":111. �A 1A f 11 1i1 ysi 144 P u 14iW1 Ila 1ct li I - o�€ m.5 a' g$ a°a ' 4 e 1 n 4 I�1dn ° I NI'Il; ? jI��II ' I' 1 'B 51. Z { -a a a a ea I i � v I �,- t It 1, . 11"-11 EE [' 333 313'3 c . a I Y ID 33 _ 3381.'� 13 �133 ��I33�k It i . lc' I ;L . . e'I 5I eefi G P GF , t,EE &EEEEf EEE.“,.! III" t 'Z� R 1 3;1' ; 3533:3,i )3.3 t 11-3. . 1 pP 1L.e fiiiili 3s333331 1 ' EXHIBIT "B" Engineer's Cost Estimate -rra. Project:tioTract : a San Gabriel Blvd., Rosemead, CA 91770 Location: 74095 Offsite Improvements °"0°r Prepared by: Gerardo Garduno CONSULTING, INC. Checked by: Ryan Bittner, P.E. 4#9,0g ,.'qi CIVIL ENGINEERING Prepared for: DR Horton s LAND PLANNING & SURVEYING Date:January 3,2018 t • Project Area:2.01 AC No. of Units: 21 `>4 �3' 44OFCM6d Note: a. Estimate does not Include On-site improvements. 1. Public Works-Street Improvements Quantity Unit Unit Price Total 1 Grind &Overlay Full Street Width 4741 SF $ 3.50 $ 16593.50 2 Construct 8'PCC Curb&Gutter 0 LF 5 30.00 $ - 3 Construct 6"PCC Curb&Gutter 38 LF S 30.00 $ 1,140.00 4 Construct PCC sidewalk 620 SF $ 5.80 $ 3,596.00 5 Construct Driveway Approach 1 FA $ 2,500.00 $ 2,500.00 6 Construct full depth AC Pavement 720 SF $ 2.50 $ 1,800.00 7 Construct Curb Ramp 2 EA $ 2,000.00 $ 4,000.00 8 Construct Cross&Longitudinal Gutter 0 EA $ 1,200.00 $ - 9 Adjust existing to grade 3 EA $ 500.00 $ 1,500.00 10 Remove existing Water Meter 1 EA $ 1,500.00 $ 1,500.00 11 Remove/Relocate Utility Pull Box 2 EA $ 1,500.00 $ 3,000.00 12 Construct Local Depression 0 EA $ 1,300.00 $ - 13 Sawcut exist. pavement&remove 423 SF $ 1.80 $ 761.40 14 Utilit Trench Repair 180 SF $ 3.50 $ 630.00 15 Demolition of existing improvements 1 EA $ 5,000.00 $ 5,000.00 16 Traffic Control 1 EA $ 1,500.00 $ 1,500.00 17 Monumentation 2 EA $ 500.00 $ 1000.00 18 Landscaping/Irrigation 250 SF $ 5.50 $ 1,375.00 19 Moblization 1 EA $ 2,500.00 $ 2,500.00 Subtotal $ 48,396 Notes: 2.Signing and Striping Quantity Unit Unit Price Total 1 Install 6 inch raised circular pavement markers 10 EA $ 25.00 $ 25000 2 Install 25 mph Speed Limit sign 2 EA $ 250.00 $ 500.00 3 Install Stop Sign 3 EA $ 25000 $ 750.00 4 Standard Street Name Sign 1 EA $ 250.00 $ 250.00 5 Paint Curb- Fire Lane 203 LF $ 500 $ 1,015.00 6 Install Traffic Speed Signage 2 EA $ 100.00 $ 200.00 7 Install Stop Bar Traffic Signage 3 EA $ 100.00 $ 300.00 8 Install No-Parking Fire Lane Sign 2 EA $ 100.00 $ 200.00 9 Install No Parking Sign 1 EA S 25000 $ 250.00 Subtotal $ 3,715.00 Notes: Subtotal: $ 52,111 Contingency 20% $ 10,422 Total Off-Site Improvements $ 62,533 Page 1 Engineer's Cost Estimate __Y__ ca 74 Gabriel Blvd., Rosemead, CA 91770 • Location: Tract 74095 Onsite Improvements Prepared by: Gerardo Garduno CONSULTING , INC. Checked by: Ryan Bittner, P.E. CIVIL ENGINEERING Prepared for: DR Horton LAND PLANNING & SURVEYING Date:January 4,2018 Project Area:2.01 AC No. of Units: 21 Note: a. Estimate does not include Off-site improvements. 1. Precise Grading Quantity Unit Unit Price Total 1 Construct(6"CF) PCC curb&gutter 680 LF $ 14.00 $ 9,520 2 Construct 4"rolled curb 0 LF $ 15.00 $ - 3 Construct(6"CF) PCC curb 779 LF $ 12.00 $ 9,348 4 Construct(0"CF) PCC header 0 LF $ 10.00 S - 5 Construct 4" PCC driveway 3283 SF $ 12.00 $ 39,396 6 Construct concrete cross gutter 150 LF $ 6.00 $ 900 7 Construct 4" PCC sidewalk 4517 SF $ 4.00 $ 18068 8 Construct 4"AC over 10"AB 20000 SF $ 3.50 $ 70000 9 Construct 3"AC over 10"AB 0 SF $ 2.50 $ - 10 Construct 6"PCC decorative pavement 400 SF $ 6.00 $ 2,400 11 Construct ADAArress Ramp 4 EA $ 750.00 $ 3,000 12 Construct 4"PVC SDR35 area drain pipe 1800 LF $ 8.00 $ 14,400 13 Construct 0"to 4"curb transition 0 LF $ 12.00 $ - 14 Construct Plantable Gravity Wall 400 LF $ 55.00 $ 22,000 15 Construct Retaining Wall 525 LF $ 45.00 $ 23,625 16 Construct Screen Wall 1200 LF $ 35.00 $ 42,000 17 Construct Curb Cuts 0 EA $ 300.00 $ - 18 Construct 6"x 6"grate inlet 60 EA $ 150.00 $ 9,000 19 Construct 12"x 12'grate inlet 20 EA $ 500.00 $ 10,000 20 Construct 0"PVC SDR35 area drain pipe 200 LF $ 20.00 $ 4,000 21 Construct 6"PVC SDR35 area drain pipe 300 LF $ 16.00 $ 4,800 22 Construct Bio-Retention Area EA $ 1,500.00 $ - Subtotal $ 282,457 Notes: 2.0n-site Sanitary Sewer Improvements Quantity Unit Unit Price Total 1 Construct sewer manhole 11 EA $ 3000.00 $ 33,000.00 2 Construct 8"PVC SDR-35 pipe and bedding 1626 LF $ 50.00 $ 81,300.00 3 Construct sewer cleanout 3 EA $ 1,200.00 $ 3,600.00 4 Construct 4"PVC SDR-35 lateral 280 LF $ 50.00 $ 14,000.00 5 Install 4" PVC lateral connection 21 EA $ 200.00 $ 4,200.00 Subtotal $ 136,100 Notes: Ap81:11. • 41 :tr., ♦ t Page 1 044,, CNN cod- Engineers Cost Estimate Project 1151 San Gabriel Blvd., Rosemead, CA 91770 [Slain Location: Tract 74095 Onsite Improvements Prepared by: Gerardo Garduno CONSULTING , INC. Checked by: Ryan Bdtner, P.E. CIVIL ENGINEERING Prepared for DR Horton LAND PLANNING & SURVEYING Date: January 4,2018 Project Area:2.01 AC No. of Units: 21 3.On-slte Water Improvements Quantity Unit Unit Price Total 1 4" PVC(0900) 665 LF $ 50.00 $ 33,250.00 2 8"PVC (C-900) 313 LF $ 80.00 $ 25,040.00 3 1"Dual Domestic/Fire Service 22 EA $ 800.00 $ 17,600.00 4 1"AirNacuum Valve Release 0 EA $ 1,500.00 $ - 5 6" Fire Hydrant Assembly 1 EA $ 4,000.00 $ 4,000.00 6 4"gate valve 0 EA $ 1,250.00 $ - 7 8"gate valve 7 EA $ 1,650.00 $ 11,550.00 8 4"x4"x4"-DI Tee 0 EA $ 250.00 $ - 9 8"x8"x8"-DI Tee 2 EA $ 300.00 $ 600.00 10 8"x6" Reducer 0 EA $ 400.00 $ - 11 8"-45 degree Bend 2 EA $ 500.00 $ 1,000.00 12 4"-45 degree Bend 4 EA $ 500.00 $ 2,000.00 13 B"-90 degree Bend 1 EA $ 500.00 $ 500.00 14 1"Meter 22 EA $ 2,800.00 $ 61,600.00 15 1"Service Line 22 EA $ 4,500.00 $ 99,000.00 16 2"Irrigate Meter 0 EA $ 10,000.00 $ - 17 Water service Connection 0 EA $ 8,500.00 $ - 18 1-12" Irrigation Meter 1 EA $ 4,000.00 $ 4,000.00 19 Thrust Block 11 EA $ 500.00 $ 5,500.00 20 Hot tap with 4"or 8"stainless steel tapping sleeve 2 EA $10,000.00 $ 20,000 21 End cap with thrust block 3 EA $500.00 $ 1,500 Subtotal $ 285,640 Notes: 4. On-site Erosion Control Quantity Unit Unit Price Total 1 Move-In&Site Preparation 1 LS $ 20,000.00 $ 20,000 2 Overexcavation (assume 4 ft. over entire site) 13443 CY $ 1.00 $ 13,443 3 Raw Cut 3177 CV $ 1.00 $ 3,177 4 Raw Fill 2214 CY $ - $ - 5 Raw Import 1054 CY $ 6.00 $ 6,324 6 Finish Grade Pads 21 EA $ 2,000.00 $ 42,000 7 Finish Grade Streets 19550 SF $ 0.20 $ 3,910 8 Lot Spoil Handling (per building) 21 EA $ 2,000.00 $ 42,000 9 E.C. During Rough Grade(per building, 1 season) 1 EA $ 1,000.00 $ 1,000 10 E.C. During Finish Grade(per building, 1 season) 1 EA $ 1,000.00 $ 1,000 Subtotal 5 132,854 Notes: Page 2 Engineers Cost Estimate Project : 7n Gabriel Blvd., Rosemead, CA 91770 Tract Location: 74095 Onsite Improvements Prepared by: Gerardo Garduno CONSULTING, INC. Checked by: Ryan Bittner, P.E. CIVIL ENGINEERING Prepared for DR Horton LAND PLANNING 8 SURVEYING Date: January 4, 2018 Project Area: 2.01 AC No. of Units: 21 5. Signing and Striping Quantity Unit Unit Price Total 1 Paint Handicap Stall Stripe 8 Markings 0 EA $ 225.00 $ - 2 Paint Parking Stall Stripe 7 LS $ 3,000.00 $ 21,000 3 Install Stop Sign 1 FA $ 250.00 $ 250 4 Standard Street Name Sign 4 EA $ 250.00 $ 1,000 5 Paint Curb-Fire Lane 300 LF $ 5.00 $ 1,500 6 Visitor Parking Sign and Paint Curb 0 EA $ 300.00 $ - 7 ADA Van Accessibility Sign 0 EA $ 250.00 $ - 8 Install No-Parking Sign 2 EA $ 100.00 $ 200.00 9 Install Fire Lane Entrance Sign 2 EA $ 250.00 $ 500.00 Subtotal $ 24,450.00 Notes: 6. Precise Plan Storm Drainage Quantity Unit Unit Price Total 1 nstall 48"HOPE pipe 195 EA $100.00 $19,500 2 nstall 12"HDPE pipe 125 LF $ 20.00 $ 2,500.00 3 nstall 18"HDPE pipe 463 LF $ 35.00 $ 16,205.00 4 nstall Storm Junction Structure 5 FA $ 3,000.00 $ 15,000.00 5 nstall 4 ft catch basin 1 EA $ 1,020.00 $ 1,020.00 6 nstall Nyoplast Injection Mold Reducer 6 EA $ 100.00 $ 600.00 7 nstall 2x2 ft Drain Inlet 2 EA $ 1,000.00 $ 2,000.00 8 nstall biofiltration catch basin 2 EA $ 20,000.00 $ 40,000.00 9 nstall HDPE Wye 1 EA $ 120.00 $ 120.00 10 nstall HDPE Tee 1 EA $ 120.00 $ 120.00 11 nstall 18"RCP pipe 154 LF $ 90.00 $ 13,860.00 12 natal) 18"RCP-Forterra Bend 4 EA $ 90.00 $ 360.00 13 nstall 48"RCP pipe 335 LF $ 250.00 $ 83,750.00 14 nstall 48"RCP-Forterra Bend 2 FA $ 250.00 $ 500.00 Subtotal $195,535 Notes: Total-Private $ 1,057,036 10%Contingency $ 105,703.60 Final Total $ 1,162,740 Page 3 FAITHFUL PERFORMANCE BOND Bond No. SW 149173 "Bella Rosa" CITY OF ROSEMEAD FAITHFUL PERFORMANCE BOND TRACT MAP 74095 WHEREAS,the City Council of the City of Rosemead, State of California. and Western Pacific Housing, Inc. (hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement whereby PRINCIPAL agrees to install and complete certain designated improvements,which said agreement, dated .20 ,and identified as Tract Map No.74095.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 the undersigned as surety,are held and firmly bound unto the City of Rosemead.hereinafter called("CITY"),in the penal sum of One Afillion Two Hundred Twenty Fire Thousand Tun hundred Seventy Three Dollars(51.225.273.00)lawful money of the United States. which is 100 percent of the estimated cost for the above-referenced improvements, for the payment of which sum well and truly to he made. we bind ourselves, our heirs, successors, executors, and administrators.jointly and severally. finnly by these presents. The condition of this obligation is such that if the above bonded 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 there 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 CITY,its officers,agents.and employees,as therein stipulat- ed,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 therefor, there shall be included costs and reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change. extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications PERFORMANCE BOND- I accompanying the same shall in anyway affect its obligations on this bond.and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the agreement or to the work or to the specifications. The surety hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any of the remedies the City of Rosemead may have. IN WITNESS WI I ERFOF,we have hereto set our hands and seals this 16th day on March , 2015 . Western Pacific I lousing, Inc. Principaln / a Principal Arch Insurance Company Surety. 9� � U Ar�nea) Margaret A/ imcm, Attorney-in-Fact The rate of premium on this bond is S3.25 per thousand. The total amount of premium charged. $3,982.00 do Willis of Florida, Inc. PERFORMANCE BOND F 4211 W.Boy Scout Blvd..Ste.1000 Tampa, FL 33607 Inquiries:(813)281-2095 FLORIDA STATE OF f-&H-FORiJFA ) ) SS. COON IY OP IIILLSBOROUGII On this 16th day of March , in the year 2018 , before me. _Marianella Bamola a Notary Public in and for said state,personally appeared Margaret A. Ginem .known to me(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Arch insurance Company (surety)and acknowledged she to me that he subscribed the name of the Arch Insurance Company _ (surety) thereto and his own name as .Attorney-in-Fact. iv/ arianella B'am la//'� 1.Z4 Notiry Public in and for said State (SEAL) I 4 ° ms of FF947 ' df J2 My Commission expires May 5. 2020_.-- PERFORMANCE BOND-3 CERTIFICATE AS TO CORPORATE PRINCIPAL . certify that I am the Secretary of the corporation named as principal to the within bond:that _ _ who signed the said bond on behalf of the principal was then of said corporation: that I know his signature.and his signature thereto is genuine: and that said bond was duly signed. scaled and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERI.ORMUNC@ BOND-4 Senate Bill 1050. amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example,for purposes of illustration. 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 .405O5 bityrezik On f\"Ctfe'. IA r maybefore me. .Toa n no nilisA iJ0I7/'y PUd/C (here insert name and title of officer),personally appeared Randy n7r asl1/r'd who proved to me on the basis of satisfactory evidence to be the person whose names) isare subscribed to the within instrument and acknowledged to me that hef h&tDe' executed the same in hisibePtbeif authorized capacity(ie). and that by hi r signature(5) on the instrument the persons), 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. // Signature u4t�� ti--C (f Aa , (Seal) JOANNE MARSH J4#r>•- Commission R 2108434 ' r'1'7i Notary Public Calllornis Los Angeles County e" My Comm.Expires Apr 24,20191 AIC 0000215665 THIS POWER OF ATTORNEY IS NOT VALID UNLESS lT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind 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: Anett Cardinale,Brandy Baich,David H.Can,Eileen C.Heard and Margaret A.Ginem of Tampa,FL(EACH) 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,in the penal sum hat-exceeding Ninety Million Dollars(690.000.000.0Q). 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 venting 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 surety 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, seared 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. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000215665 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 27th day of Aoril, 2017. Attested and Certified Arch Insurance Company c�. ancef è174 W __ \f' 11 , m1'LlJ Patrick K.Nails,Secretary David M. inxe stein.Executive Vice President STATE OF PENNSYLVANIA SS Il15ff1d COUNTY OF PHILADELPHIA SS 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. COMMONw1AL1110.M.NNPYLVAMA NOTAR EAL IIEIEN87AFRW..S tayLR�ibWWAcy� �J `�y��,'r`�'�� Ny�tramvelOn Fl@4MOO1ber1.2017 le NNP 4 Helen n, Lary 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 Aoril 27 2017 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 WHER OF, I have hereu,7to subscribed my name and affixed the corporate seal of the Arch Insurance Company on this i(#* day of ,20/)' . P clary �� 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 CyO�n�•Co Philadelphia,PA 19102 ®'1 Mfffaud OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. LABOR & MATERIAL BOND Bond No. SUI149173 "Bella Rosa" CITY OF ROSEMEAD LABOR & MATERIAL BOND TRACT MAP 74095 WHEREAS, the City Council of the City of Rosemead, State of California, and Western Pacific Housing, Inc. (hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement whereby PRINCIPAL agrees to install and complete certain designated improvements, which said agreement. dated .20 , and identified as Tract Map No. 74095, 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) of Part 4 of Division 3 of the Civil Code of the Stale of California. NOW, THEREFORE. said PRINCIPAL and the undersigned as corporate surety. are held firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers. materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Six Hundred Twelve Thousand Six Hundred Thirty Six and f fly cents (5612.636 50). which is 50 percent of the estimated cost for the above-referenced improvements, for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof; costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code. so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond 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.it does hereby waive notice of any such change.extension. alteration or addition, and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies the City of Rosemead may have. IN WITNESS WHEREOF,we have hereto set our hands and seals this 16th day on March . 2018 . Western Pacific Housing, Inc. Principal Principal Arch Insurance Company Surety a Fact Margar A. Ginem, Attorney-in-Fact do Willis of Florida, Inc. 4211 W.Boy Scout Blvd.,Ste.1000 Tampa,FL 33607 Inquiries:(813)281-2095 LABOR & MATERIAL BOND - 1 FLORIDA STATE OF f-AL-FFOR#}A COUNTY OF 1!ILLSBOROUGFi ss. On this 16th day of March .in the year 2018 ,before me. Mariancl la Bamola , a Notary Public in and for said state. personally appeared Margaret A._Ginem ,known tome(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Arch Insurance Company (surety) and acknowledged to me that he subscribed the name of the _ Arch Insurance Company (surety)thereto and his own name as Attorney-in-Fac . Notary Public in and for said State (SEAL) Marianclla Bamola My Commission Expires May 5, 2020 >JAR ANELLA?R';ACL. 4 remissoil Fs es.,'4' Expires May 5.:PI LABOR & MATERIAL BOND - 2 CERTIFICATE AS TO CORPORATE PRINCIPAL . certify that I am the Secretary of the corporation named as principal in the attached bond. that who signed the said bond on behalf of the principal was then of said corporation;that I know his signature, and his signature thereto is genuine,and that said bond was duly signed,sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. LABOR & MATERIAL BOND - 3 Senate Bill 1050. amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration. 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 ofjj. e On IAAaial 19 .aCEl' before me.(30 A A the PSn1/re (here insert name and title of officer), personally appeared /{a r1 v inn 1 ya t li e/'O who proved to me on the basis of satisfactory evidence to be the persdn4d) whose naine(a) Wale subscribed to the within instrument and acknowledged to me that he%hE4h SS executed the same in his/¢et)hefr authorized capacity($)), and that by his/fjeti r signaturer) on the instrument the personka r or the entity upon behalf of which the persoisacted,executed the instrument. I certify under PENALTY OF PERJURY under die laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature , f (Seal) (/ JOANNE MARSH E joie.I ComNtIlon•2108454 i ire^,-.i Notary Public-California s los Angeles County 3 Comm.Expires"r 24.2019 f My MC 0000215664 THIS POWER OFATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Loiter 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: Anett Cardinale,Brandy Balch, David H.Carr,Eileen C.Heard and Margaret A. Ginem of Tampa, FL(EACH) 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,in the penal sum not exceeding Ninety Millon Dollars($90 000 000.00). 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 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 wilting 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 surety 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 fled 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 shalt continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000215664 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 27th day of ADM.2017. Attested and Certified Arch InN.surance Company vsaece c eos Patrick K.Nails, Secretary David M. t r stein, Executive Vice President Mitood STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 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. co.Mowwt.LTNor rirafnvxwA NOTARIAL SEAL Ornitgon Cry NRAWpYR ExpIrstPOtcttJ.2017 H N 'c+' H LSSzafran, tarp ubll 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 April 27 2017 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 TE$TI ONY WHER��FFFFOF, have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this /4W day of N'G/u'jA ,20)1 . p p �J II -Pa ck cry✓ ' 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 cant,CQ Philadelphia,PA 19102 ®'1 a 4 Lauri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.