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CC - Item 6H - Release of Bond - Tract Map No. 72871 (9048 Garvey Ave)ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER J�,�A , DATE: DECEMBER 11, 2018, SUBJECT: RELEASE OF BOND — TRACT MAP NO. 72871 (9048 GARVEY AVENUE) SUMMARY A Faithful Performance Bond and a Labor and Material Bond were included as Conditions of Approval for Tract Map No. 72871 located at 9048 Garvey Avenue to ensure the completion of required public works improvements. The public works improvements consisted of the construction of sewer laterals, sidewalk, curb and gutter, and driveway; planting of a parkway tree; relocation of a water meter; and installation of curb drains and survey monuments. The developer provided the required bonds in the amount of $49,302 for each bond. Since the work has been completed to the satisfaction of the Public Works Department, it is recommended that the bonds be released to the developer. STAFF RECOMMENDATION It is recommended that the City Council: 1. Accept the completed public improvements, and; 2. Authorize the release of the Faithful Performance and Labor and Material Bonds, in the amount of $49,302 for each bond. ANALYSIS In accordance with the Conditions of Approval for Tentative Tract Map No. 72871, approved by the Rosemead Planning Commission, the developer was required to construct sewer laterals, sidewalk, driveway, curb and gutter; plant a parkway tree; relocate a water meter; and install curb drains and survey monuments, subsequent to recordation of the final tract map. On December 13, 2016, the developer executed an Undertaking Agreement (Attachment A) to guarantee the completion of the public improvements at 9048 Garvey Avenue. BMC Rosemead, LLC provided a Faithful Performance and Labor and Materials Bonds in the amount of $49, 302 for each bond. The required public works improvements have been completed to the satisfaction of the Public Works Department. Therefore, the bonds may be released to the developer. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. AGENDA ITEM NO. 6.H City Council Meeting December 11, 2018 Page 2 of 2 Submitted By: Rafael M. Fajardo, P.E. City Engineer Attachment A: Undertaking Agreement Attachment B: Bond Attachment C: Recorded Map Attachment A Undertaking Agreement 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 Recorder's 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 l Z , 2016, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY` and F M C'R ase. mea d, L, L- C - (NAME) (NAME) 27 2 Do ToLLf- '�, ck .44t o , 1/cJt nc,'La.� ., Cao G113S� _ (ADDRESS) hereinafter called the "SUBDIVIDER." RECITALS: A.: The CITY approved Tentative Map 72871 on 09/14/14 ("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 SUBDIVIDER'S, 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. Fina[ 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. Severabilit . 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. Governin 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. 16. 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 Gban� &DLAchad (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Mayor of the City of Attested of the Gity of Rosemead H 00 its 0 h 00u7 0ONrl-or- 0 U-) 64to!.*b461l6-IvfA6Idv OC)OOOL�OLOOOOOC70 obmmm4t — CO NO00O io Om000OOQ OOOOi17MMO N Lt?0000000NCV V-� N t- 69,6%640>6969vi"W3 Cri NCO= mIrm a � Lf300CaOt�OCVO00O00 0 I` 0 Lf) CO d T- 00 N 0 00000 .L d 0r O O Lo to co 0 C 6� 64 fo E}# : 6pt Vl> Q% 6c* 6g 69} U!),]EA- V�, C LL Q LE_ LL U- LL„ LL LL LL Q Q 0 e- lCi f�- LO 0 0 0 0 0N NC)dON Oo C1 J H O v z C7 y �U C a� o�S ni � :3U m _ a)"a a 4- 12L C mcmn,�E aooqq o0 C y37 co C a) C5 U QQ C '- C .0 C U c 41 � �� p CD E D N S5 C) E .� M r — CL as©�aiod °;t wpp CD 'I) a w °� U U v 0 a= fO/J d. 0 E of C 0 C 0 C 0 C 0 L C fl C "M C 0 y co p �" p -ow E C b ,� Ca coC Cl0 JCUUv30(D0 a-M < M w 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 ' �kroa no On personally who prove on the basis of satisfactory ev name Isere subscribed to the within itrument and acknowledged to me that hels1. ey executed the same in his/ lal✓rrr authorized capacity(and that by hist rlNt 71rir signature(<o'-n the instrument the person or the entity upon behalf of which the personated, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. Nota Public signature (Notary Public Seal) M. T. GARCIA ,, COMM. #2072225 � t -)W _ Notary Public - California -1 SAN BERNARDINO COUNTY -A, .-,My Comm. Exp. Jul.,t92018 ff�C C' A ITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Tlris form eontpfles with current California statutes regardnag notary wording and, QESC PTION OF THE ATTACHED DOCUMENT ffneeded, should be completed and attached to the doennient, Acknowledgments djfr onr other states may be completerl_for documents being sent to that state so long (Title or description of (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -ins -Fact ❑ Trustee(s) ❑ Other 2015 Version wvolv.NotaryClasses. corn 800-873-9865 as the wording does trot require the California xotar7 to violate California notary Mate and County information must be the State and County where the document signer(s) personally appeared before the notary public for aclurowledgment. • 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 signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/shc1*ey, is /are ) 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 litres. if seal impression smudges, re -seal if a sufficientarea 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. hrdicate the capacity claimed by the signer. If the claimed capacity is a corporate officerjadicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Attachment B f PAYMENT BOND Bond No. SU1143015 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 Compmy ncorporated 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 001100 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 2nd day of December, 2016, BMC R em LLC PRINMAL Y� B ."0-- Arch Insurance Cozrapany SU TY B— _ Kelly A. dner, Attorney -in -Fact _ PG �� � �l hli�. �1101 AIC 0000165740 � OftlS POWER OF. AT ID UNLtss 1is CKGROUND. =L mpq==Weg wmwn elm IIII wwormtorilev limits thus &Whereip, andthe ism 0 -bind the Co dm� bnff= ' - - , , manner and to the extent Herein itaied. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank. Deposit, Currency Rate, Interest Rate or Retidential Value Guarantee& gill I b lull OF Kno"I[Personls By These Presentsi That thei Arch Insurance Company, a corporation _organized and existing under the laws of the. S. tate of Missouri, having its prindpal administrikEggqkin Jersey City, New LJe%fty th y appoint: 0 QM" I ®r. a ill I'lardor, Mary _(heE fe Morgan, �Flvloqr�e, Jenni TdWa of W�strno t, IL iIIIIV SjRR,ipdt, Steph�.Qn T. azmerpnd n FAC its true and lawful Att6rney(s)ln-FqGt,- to make, execute seal, and ,deliv6rfroffi -m adat& of issuance of . this power for and on its behaN as n&M%i and deed:' Mwkfg,� tj e 6k 9 n obligations TU et-'Mlilion'b 11 9 O� Nin 000 a ar This authority ddes no,t'permit the same obligation to be split 10400 at more bonds In order to. bring each.such. bond within the dollar autft �jp —g�qtforth ecr�uch bonds, dhdffitW���—SII �and oth r u r — __ q'e of theca prsae �and oth cise me had been d —ffF- ex—R—M-6d apd bi!l�.Ing-,.upon.. the said Compony-.1MIly �and. amply, to. all intent..:and ­.. .. '.. . ..,. .... 1- . City - t acknowledge by its i9golpily'elocted o,4jcer8 at i s principal adm[njotrative a jn:Je ew..Jers.ey. d This Powe" py s execiJt6d b'y adth dopted by unanimous consan qLLk Bo6rd.of Dire6tors of the Company .01 ns a true. M—aftm are here. j certmed.to�kj twfret -giffiliftn"g— It aqj� c full ibrcb NO .. tED. -f h�at t6e� C h y 86nior Vice President, of the Sumt.y .�q!rrrlaq of the. Boardj, the President,,& t a Executive Vice Presid.ent, or an Business.. ivision; --, . p el- beS(icretary;.,orth'e,,.866retary.-S a- qve the power an D r . th 'r appo..n.ees with t d .--t Otn. su �ec to sp q powe of authorit f an� to b., t ei� ; ti�' .y: a appoint agents and attoeneys-in- act ....�authonze. h the llmjt�tlohs'se a in air re e6tiv r� underta jhgs re on behalf of th -pnjV 04�ie seal. of r k ARM WEROM a Q zmoa eisr a6poi-nt =MrWftqWgWPbns obligatory�=-- MhMwaff any such agen 0.7 This Power of Attorney. is signeci, sealed and obirfified by facsimile under and by authority of the following resolution adopted by the . c unanimous onsehto heBo6rdofDIrectors e. ompany.oh-Soptember 15, 20:... 1: .. -4 H t, 'or an'� Sft' P.Tesident, dMell� - n ature al. al d. ttrirf n- -d.I e in wri, s Divic io jrM ary. an es. m ry" a—YM,OW��slmlle on any po'W& a ftoMeM bm sj—d­rmry `Tije seal of the Co a d ffie Sebreta ny U. ted, n rt Surety S. 0 to, �teliiti� )a! if the Jersey office r, N M executed pursuant to the resolution adopted by the.Bokird bf, Dif6&tors on September 15j 2011, and a such power so executed, aled and certified with respect to any bond or undertak' "-to w ich it is- attached, shall continue to be valid and binding upon the Company OOMLOO13 QQ=M 03101 Page 1 of 2 Printed in U.S.A. ' ljj, =-RIF lj luu AIC 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 Arch Insurance Company sa�r Patrick K. Nails, Secretary -� David M. MnReTstein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, 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. N. s �Fl�lh�da#Sk�'�t� amu. As2 afran,taryfubli My commission expires 10103/2017 CERTIFICATION 1, 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? _day of December , 20 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 3 Parkway, Suite 15001f Philadelphia, PA 19102 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 anX 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 Alexandra Sartori, Notary Public Commission No. 840142 OFFICIAL SEAL ALEXANDRA SARTORI NOTARY PUBLIC, STATE OF ILLINOIS My COM Expires JUI 5, 2020 MAINTENANCE BOND Bond No. SUI 143016 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 401100 ($9,860 4_0) 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 this2 nd day of December , 2016 In the presence of: BMC Ro ea LLC Princi By: Title Arch Insurance Com -pan Surety b�.r- Keliy)A. Gardner, Attorney -in -Fact 1, Hon.dNo. SU1141025 Premium $493.00 SUBDIvI5ION PERFORMANCE BOND - CALIFORNIA WHEREAS. City of Rosemead State of California, and SMC Rosemead LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated �G�_ ___.__.._... , _f°i�, and identified as projeci, far Elements at Rosemead- Street Improvements• for tract map recordation. and is hereby referred to and .made a part hereof; and WHEREAS, saidPrincipal 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 asSurety, are held and firmly bound unto cit of Rosemead hereinafter called"Obligee" in the penal sunt of Forty Nine Thousand Three Hundred Two Dollars and 001100 ,Dollars ( $49,302.00 lawful money of the United. States, for the payment of which sum -well and hi* to be made, we bind ourselves, aur 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 assiM 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 Dept 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 ex penws and fees, incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be tasted as casts and to be included in the judgm ent rendered. The Surety hereby stipulates and agrees that no change, axter4ion of time, alteration or addition to the term 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 terms 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: Arch Ins c Company Stta`ety By: S ephen . Kazmer Attorney -b -Fact aoxPOenre RM 197' 311 South Wacker Dri e Suite 3700 Address Bond No. S U 1141025 Premium: Included in Performance Bond SUBDIVISION LABOR AND MATERIAL BOND - CALIFORNIA WHEREAS: City of Rosemead State of California, and (hereinafter designated as "Principal's have entered into an agreement whereb principal agrees to install and complete certain designated public improvements, which said agreement, dated �' 1b and identified as project for, Elements at Rosemead- Street Improvements: for tract map recordation. and is hereby referred to and made a part hereof; and Wf1EREAS, 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 Fart 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 "Olaligee") and all contradars, 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 001100 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 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, ilneurred 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 theta 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 fall 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 can this bond, and it does hereby waive notice of may such change, extension, alteration or addition. IN WITNESS WEEREOF, this instrument has been duly executed by Principal and Surety named, on July 28, 2016_ BMC Rosemead, LLC Principal By: Arch Insurance Company _ Surety " Vi By. to tfen iCa2mer P ,Attorney-fnla act mlttI;nra 311 South Wacker Drive cite 3700 _ SM ,art Address Chita o IL 60606 Mid SURPATH 2014 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 fho 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 taws 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 Attorney(s)ln-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 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 Senlor 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. OOM1.001.3 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 Jul , 2016 Attested and Certified Arch Insurance Company � �fiEi'M1Y,'LtiTE Srit6 .4&d Patrick K. Nails, Secretary Mie aura David M. Finkelstein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Helen Szafran, a Notary Public, do hereby certify that Patrick IC. Nails and David M. Finkelstein personally known to me to be the some persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing underthe laws of the state of Missouri, subscribed tothe foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seat 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. INQ ," v lA ... �ity�liFhltr�fe��ita}� ILI Helen 5zafran, Notary Public My commission expires 10103/2017 CERTIFICATION IP ' kKN ifs ,Secretary of the Arch Insurance Company, do hereby certify thatthe attached PowerofAttorney dated .July ��, 201 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the dafe thereof and is in full force and effect on the date of this certificate; and t 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=STIMONY 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 nee, 3 Parkway, Suite 4500 Philadelphia, PA 19102 ,fig �yTE stu 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 l� _ M. • • ' • • Commission No. 840142 00FFJ01AL,.SEAL NIMIKAM PVVBWPSMkTr09UMYPis CALIFORNIA P. ,. vk AC..A ..caC�C.s? .A4�i�:�i_A�/.'\.' as _A.:..a...�i .a w ..A .: a .".�..A _s�C.s� .e4•.z� cat.s� .aa ,.A .a .w...a�...s��.va� ,�e_aivAC��.A .e�C_sai'!a ..ti. _A .sa .. 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 Calif rr''CAarr,_ } On! R LI�s _��t b before me, �J Cho d r " ?L"_Lbj1 G Date Here Insert Name and Title of th-elOfficer personally appeared U S rv\- L, 13 C� u-e— Name(s) of S ner(s) who proved to me on the basis of satisfactory evidence to be the person} whose namekg is/are- subscribed to the within instrument and acknowledged to me that he/sWthey-executed the same in his/hen'theiF authorized capacity(i ), and that by his/he~ signature on the instrument the person}, or the entity upon behalf of which the person acted, executed the instrument. JULIE ATWOQD Commission # 2126290 a Notary Public - California z z Santa Clara County D Mx Comm. Expires Oct 8, 2019 Icertify 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. Sig 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 went 'F24- -V !'n Cir\ ce- _ Title or Type of Document: C �b�l �%s s �� h J�n �- Document Date: g �� Number of Pages: Signer(s) Other Than Named Above: p l7� Pira �Z� Capacity(ies) Claimed by Signer(s) Signer's Name: 7DU 5-\i v-, L Eb PI -Corporate Officer — Title(s): L' � ❑ Partner ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C d as dY� G Signer's Name: 0 -CST Oifficer — Title(s): LlPartner— ❑ Im ❑ General ❑ Individual ❑ Attorne 'n - act ❑ Trustee ❑ Guardian or Coh-serva-tor ❑ Other: Signer Is Representing: •rr6v.'.:r -,:r 'yam '✓ '✓.'u.'� '-'f -ems '� '� •ar G' 'sy.'v'zv.v�'�' 'r� 'y y 'rte, •er "`�6 .-er . ' ..... .� '.v -ivSv MAIReMOAiE4gLeM • • •• :11 • "' :11 • .: •i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a _.yvA¢ sa�� -a .�L.�. S..�S�¢,s� .x� _c..a�.`.s,¢� _a �¢.ss• .ca..ca , s. _s�..s� _c�¢,A .za _a ..aS.m _� _v,¢, ..ci _sti _c�vc��¢_a�..m ,.�• .�. _ _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 California ) County of �_) af A Cc a_ ( 1 , On J�Q Srt1sS �-�� � before me, Date Here Insert Name and Title of th fficer personally appeared L who proved to me on the basis of satisfactory evidence to be the person(k whose name{, is/are subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/heW4h& authorized capacity([6), and that by his/fir signatureo on the instrument the personal, or the entity upon behalf of which the person* acted, executed the instrument. 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 ATWOOD Commission # 2126290 a •-r' Notary Public - California z Signature Z Santa Clara County r Signature of Notary Public My Comm. Ex fres 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 Documecurve Title or Type of Document: ,�(.� qj,\;, nt Da e; � ,�, Number of Pages: . Signer(s) Other Than Named Above:G.Zrm_zr— Capacity(ies) Claimed by Signers Signer's Name:. -2- 6LCorporate Officer -- Title(s): 6 42 ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: QSQ M-11 Signer's Name: r orate Officer— Title(s): ❑ Partne Limited ❑ General ❑ Individual CtAttorney in Fact ❑ Trustee ❑ Guardian r nservator ❑ Other: Signer Is Representing: •ry.'r�S�: ri 'd •,.ri•er,•✓.'�' _ G'ri •,v'JvL: -y v. ar •r✓ •.rar -.r4vri�v,G"r� •.a: er " a'rr •.rte -.v4v "m' '�"J�.9�. 'ar •ar ar -sr: a�4 •e� •�4 02014•nal Notary Association - www.Nationa[N• • • :ii • +'Y (1-800-876-6827) ltem#591 Attachment C Recorded Map I 2 LOTS ,R -F, 2.627 ACRES T i PI,� T NO. 72 871 IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES STATE OF CALIFORNIA �I��I II„N��II NUNSAKER AND ASSOCIATES IRVINE, INC. la9iiB2o u11 ROBERT L WHEELER IV, L.S. 8639 DATE OF SURVEY: JANUARY, 20"6 BEING A BUEEMIMON OF A PORTION OF LOT 4 O TRACT NO. 830, AS PER MAP RECORDED IN BOOK 10 PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. FOR COMMERCIAL AND CONDOMINIUM PURPOSES OWNER'S STATEMENT: SURVEYOR'S STATEMENT: WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION WITHIN THE SUBUINSION SHOWN ON THIS MAP MITRIN THE DISTINCTIVE BORDER LINES, AND WE AND IS EASED UPON A FIELD SURVEY IN CONFORMANCE WTH CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF BMC ROSEMEAD, LLC, A THE REAL PROP Ty DESCRIBED BELOW i5 HEREBY DEDICATED TO THE CI PE OF ROSEMEAD A5 AN DELAWARE JJMI1ED LIABILITY COMPANY, V FEBRUARY, 2015. 1 EASEMENT FOR PUBLIC PURPOSES: THE EASEMENTS FOR PUBLIC UTILITY, INGRESS AND EGRESS AND HEREBY STATE THAT ALL MONUMENTS ARE OF THE EMERGENCY PURPOSES AS SHOWN ON THIS MAP. CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS ON OR BEFORE MARCH 2017; AND THAT SAID MONUMENTS ARE OR WALL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE. MAP. BMC ROSEMEAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY EY: EY. - NAME: Y. -NAME: Lai'E nj"'"'T NAME: TITLE; DWIS,�M1 F`E} k�`�' TITLE NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER 1191 011PLETINC 1115 CERTIFICATE VERIFIES ONLY THE IDENTITY OF FEE INOMOUAL IMIO SIGNED THE OOOIMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT INE TRUTHFULNESS, ACCURACY, DR VADNM Of THAT DOCUMENT. STATE OF CALIFORNIA �-_I' COUNTY OF SS !'F/Ta'a�ti ON AM """"' . BEFORE ME, lLt4jamR.ERW_j6 . A NOTARY PUBUC, PERSONALLY APPEARED LNMSI me PROVED To ME ON THE BASS of SATISFACTORY EVIDENCE TO BE THE PERSOd(S) WHOSE NAMI IS/LIFE' SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HES/W" EXECUTED THE SAME ;N HIS/MEITJAHBR AUTHORIZED CAPACITY(IES). AND THAT BY HI5A0, tlWR SIGNATURE(5) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF vmICN THE PERSONS) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUF AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL• SIGNATURE-mI,2-1L�3f�11� MY pRIINCIpAT PUCE DF aUSTNESS 15 NOTARY FOOD IN AND �R SA1G STATE IN L6S /4Y FI.6S COUNTY. LEMS MY COMMISSION EXPiRESS (NAME PRIM D} �.. MY COMMISSION NO: 201023.0 ROBERT L WHEELER IV, L.S. 6639 DATE CITY ENGINEERS STATEMENT: .r,^w 130Is tmna 6X SHEET 1 OF 2 SHEETS FILED AY411vMOFCMFR 31 1- I I Afi IN INSCIR I?`Is .—. M.,,,EE 87-811 t61W A@GIRI�1, a,X6,rpem�dETA7euNqu., . L F 11. o0 TB w6d1 iR *$" qpu HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS 7HEFI THAT ALL PRONSONS OF LOCAL ORDINANCES OF THE CITY OF ROSEMEAD APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPUFD VRT*_ANO THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT -SECTION 66442 (A)(1),(21. AND (3) YE B�EEp�)ODMPLIEO WITH. fe RAIEAEL M. FAJARDO CITY ENGINEER OF CITY OF ROSEVEAD R.C.E. NO. 82470 MY REGISTRATION EXPIRES; 9 /3 0 /2 0115 CITY SURVEYORS STATEMENT: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLIES VAIN ALL PROVISIONS OF THE STATE LAW APPIJCABLE AT THE TME OF APPROVAL OF THE TENTATIVE MAP, AND THAT I AM SATPED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CIM ENGINEER. 1JrF.4X QI CLliC� `i�Z3'?rol5 �` DAVID 0. KNELL (xM,y p NBi1 CITY SURVEYOR 1E CITY OF ROSEMEAC, LS. NO. 5301 13, 1954 AS INSTRUMENT NO. 4107, BOO( 45558, PAGE 182, OF OFFICIAL RECORDS, RECORDS OF THE COUNTY OF THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE CITY CLERICS STATEMENT: Las ANGELES, HAS BEEN OMITTED UNDER THE PROMSIOIS OF SECTION 68436 (A) 3A (1-v1R} OF THE SEIBOTASINTN I HERESY STATE THAT THIS MAP WAS PRESENTED FOR APPROVAL To THE CITY COUNCIL of THE CITY OF ROSEMEAD AT A REGULAR MEETING THEREOF HELD ON THE _ of __ . 2015 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND OTD APPROVE THE ATTACHED MAP. SAID COUNCIL DID ACCEPT, ON BEHALF OF THE PUBLIC, IMPROVEMENTS: SUBJECT TO AND CID AL5O ACCEPT ON BEHALF OY THE CITY OF ROSEMEAD; THE EASEMENTS FOR PUBLIC UTILITY, INGRESS AND EGRESS AND EMERGrJNC�Y PORP � AS DmfCATEB. // 211311/6 NAME 9A CITY CLERK -CITY of ROSFMEAD SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF ROSEMEAD, To WHICH THE LAND INCLUDED IN THE WITT{IN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL I x1131 f lO NAME ATE J CITY CLLRK-CIM OF ROSEMEAD BASIS OF BEARINGS THE BASIS OF BEARING FOR THIS SURVEY IS THE STATE PLANE COORDINATE SYSTEM, ZONE 5, NORTH AMERICAN DATUM 1863, AS DETERMINED LOCALLY BY THE LINE BETWEEN NGS COOS STATIONS 'WHCI" AND "LONG", BOTH AS PUBLISHED ON NGS DATA Y.�SHHNEEA7NS BEING X49'58'1 'E 2011.00 EPOCH). g SIGNATURE OMISSIONSr �E S�lWrl '[RM3E61WAbA MfNiT DRwD S. Dw BFR9ti'1,1 THE SICHATURE OF OBNER OF CLL GAEL PETROLEUM AND OTHER MINERALS AND HYDROCARBON SUBSTANCES PFA DEED RECORDED NOVEMBER H, 2014 AS INSTRUMENT NO. 2Ow2viiaa, OF OFFICIAL REOO1o5, RECORDS OF THE COUNTY OF LOS ANGELES, HAS BEEN OMITTED UNDER THE PROMSIONS of SECTION 66435(A){3)(C) OF THE SUBONSIOV MAP ACT. TINESIGNATURE OF HOMES OF MERIT INC, A CALIFORNIA CORPORATION, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES, AS DISCLOSED BY DEED RECOHOFD W MARCH 11, 1953 AS ROOK 4TIB1, PAGE 247, OF OFFICIAL RECORDS, RECORDS OF THE COUNTY OF LOS ANGELES WAS BEEN OL87TED UNDER THE PROVISIONS OF SECTION 664M (Al 3A (1 -an) OF THE SUBOIN SCH DN MAP ACT, THEIR INTEREST IS SUTHAT IT CANNOT RIPEN INTO A FEE TITLE AND SAD SIGNATURE IS NOT REOUIRFD BY THE LOCAL AGENCY. SAID EASEMENT IS INDETERMINATE IN NATURE, THE SIGNATURE OF SOUTHERN CALIFORNIA 1615114 COMPANY, A CALIFO[NIA CORPORATION, HOLDER OF AM FIL I HEREBY CERTIFY ITMAT ALL C£H7IFECAIES HAVE BEEN FILED EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, AS DISCLOSED BY DEED RECORDED ON SEPTEMBER AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED ER 13, 1954 AS INSTRUMENT NO. 4107, BOO( 45558, PAGE 182, OF OFFICIAL RECORDS, RECORDS OF THE COUNTY OF THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE �y. Las ANGELES, HAS BEEN OMITTED UNDER THE PROMSIOIS OF SECTION 68436 (A) 3A (1-v1R} OF THE SEIBOTASINTN SUBDIVISION MAP ACT. 4 F dry'o �, MAP ACT, THBR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TIRE AND SAID SIGNATURE IS NOT REWIRED BY THE LOCAL AGENCY. SAID EASEMENT IS INDETERMINATE IN NATURE t: EXECUTIVE OFFlCER, BOARD OF SUPERVISORS OF THE THE SIGNATURE CF SOUTHERN COUNTIES GAS COMPANY QF CALIFORNIA, A CORPORATION, HOME OF AN C TY OF LC ELLS, STATE OF CALIFORNIA D- SEPTETABER 14, 1954 EASEMENT FOR GAS PIPES AND INCI-0ENTAI PURPOSES, AS DISCLOSED BY DEED RECORDED ON _ AS INSTRUMENT NO 3087,01 45571, PAGE 37 OF OFFICIAL RECORDS, RECORDS OF THE COUNTY Of LOS ANGELES MAP ACT, BY�I'- /L>Y1 Rl4MW J_ DEPUTY DATE HAS BEEN OMITTED UNDER THE PRaNsla45 OF SECTION 654M (A) 3A (1-Y.IQ O` THE SUBOMSION TIER INTEREST 15 SUON THAT IT CANNOT RIPEN INTO A FEE TBE AND SAD 9CHIATURE IS NOT REWIRED BY THE LOCAL AGENCY. SAID EASEMENT i5 INDETERMINATE M NATURE. I HEREBY CERRFY THAT SECURITY IN THE AMOUNT OF THE SIGNATURE CF THE PACIFIC TEiEPHOlE TELEGRAPH COMPANY. HOLM OF AN EASEMENT FOR AERIAL. AND UNIIERGROUND COMMUNICATION STRUCTURES AND INCIDENTAL PURPOSES, AS DISCLOSED BY DEED RECORDED ON HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BD R OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS , OCTOBER 17, 1973 AS INSTRUARENT NO. 2803 OF OFFICIAL RECORDS, RECORDS OE SHE COUNTY OE LOS ANGELES, HAS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS i N! DEET OARITTEO UNDER THE PROVISIONS OF SECTION 66M (A) 3A (I -rail OF THE SUBDiLASION MAP ACT, THBR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID 51GNATIME iS NOT REWIRED BY THE COLLECTED AS TAXES ON THE LAND SHOWN ON MAP OF TRACY N0. TE COLLECTEDTAD 4 LOCAL AG134M SAID EASEMENT IS INDEIERMINATE IN NATURE. flAS BY LAW. . THE SIGNATURE OF HOMES OF MERIT INC., A CALIFORNIA CORPORATION, HUM OF AN EASEMENT FOR INGRESS EXECUT�OFFICEIIA.11,11RVISORS OF THE •. AND EGRESS ANO INGCENTAL PURPO5IS, A5 DISCLOSED BY DEED ftECOROEO ON OCTOBER 10 3951 AS INSTRLINENT C TY CALIFORNIA No. 157 IN BOOK 77445, PAGE 7, of OHDAL REONDS, RECORDS OF THE COUNM OF LOS ANGLES, HAS BEEN TMIETED UNDER THE PROVISIONS OL SECTION 66436 (A) 3A (I-vill) O• THE SIBDIM90N MAP ACT, THBR INTEREST BYV- 35 SULK THAT IT CANNOT RIPEN INTO A FEE TILE AND SAD 9GNhTURE IS NOT REWIRED BY THE LOCAL AGENCY. DATE SAID EASEMENT IS INDETERMINATE IN NATURE. DETAIL'S' ` H.T.S. TRACT NO. 72871 N7 {93.13'] R1 a FOUND MONUMENT AS NOTED, t_ L1 93.19' _ = IN THE CITY OF F108EMEAD, COUNTY OF LOS ANGELES 1,p0 [150.Ix1'] R2R2 STATE OF CALIFORNIA I'D ,07')R7"'0"'1" (6"1" — NB9°52'51^E 680.21' --- HllER 111111 IRVINE, INN1 ROBERT L WHEELER IV, LA 8989 DATE OF BURVEY: JANUARY, 2016 U fSTABLI5HE0 NORTHERLY TINE OF LOT 4 PARALLEL WITH AND 30.00' SOUTHERLY OF GARVEY AVENUE CENTERUNE j O ¢ H69'S2'4B E 1355.03' ( W Me LA r- PLO EASEMENT NOTES: MIO-/ \r ® INDICATES AN EASEMENT FOR PUBLIC UTILITY, INGRESS AND EGRESS AND EMERGENCY PURPOSES DEDICATED HEREON TO THE CITY OF RCSEMEAD. v O INDICATES AN EASEMENT FOR COMMON ACCESS PURPOSES BY A SEPARATE DOCUMENT. G INDICATES AN EASEMENT FOR INGRESS AND EGRESS ANO INCIDENTAL PURPOSES IN FAVOR OF HOMES OF MERIT INC., A CAUFORRIA CORPORATION RECOROSo MARCH Ii, 1853 AS BOOK 41181, PAGE 247, A PARTIAL QUITCLAIM OF SAID EASEMENT RECORDED AUGUST 19, 2D09 AS INSTRUMENT NO, 2OD9127B456, BOTH OF OFFICIAL RECORDS, Op INDICATES AN EASEMENT FOR PUBLIC UTIUTES AND i INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION RECORDED SEPTEMBER 13, 1954 AS INSTRUMENT 3 N0. 4187, BOOK 45558. PACE 162 OF OFFICIAL RECORDS INDICATES AN EASEMENT FOR CAB PIPES AND NCI CENTAL PURPOSES IN FAVOR OF SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION RECORDED SEPTEMBER 14, 1954 AS INSTRUMENT NO. 3887, BOOK 45571, PAGE 37 OF OFFICIAL RECORDS. O INDICATES AN EASEMENT FOR AERIAL AND C UNDERGROUND COMMUNICATOM STRUCTURES AND E INCIDENTAL PURPOSES RECORDED OCTOBER t7, 1973 AS INSTRUMENT ON. 2863, OF OFFICIAL RECORDS ONDICAIES AN EASEMENT FOR INGRESS AND EGRESS AND INCIOENTAL PURPOSES IN FAVOR OF x1MEs OF MERIT INC„ A CALIFORNIA CORPORATC,N RECORDED OCTOBER 1B, 1951 AS INSTKMENT NO, 157, BOOx 37445, PAGE 7, OF OFFICIAL RECORDS, ----F — N— ESTABLISHED NORTERLY MAP BOUNDARY UNE PARALLEL WITH AND 50,01' SOUTHERLY OF GARVEY AVENUE CENTERUNE, BETWEEN M4 k M6. �f • J11, �� M4 I I II I Q15 �' F -I 3�a In GE cx 1 76 s �H- �o DATUM STATEMENT: 30' DETAIL A' I ' " I 2.. COORDINATES SHOWN HEREON ARE CRIG COORDINATES, N•T•S DISTANCES SHOWN VrREDN ARE GROUND OIS7ANCE5. ODBC DISTANCES PER THE CALIFORNIA STATE PLANE of .COORDINATE SYSTEM, PER NGS DATA SHEETS, 2011 GO E EPOCIi DATE, ZONE 5, NADB3 MAY BE OOTAINF` BY MULTIPLYING THE GROUND DISTANCES BY A COMBINATION FACTOR OF 0.99998800. RECORD AND MEASURED DATA NOTES; [ .J [ ] NECORO AND MEASURED DATA AS NOTEB. ( ) MEASURED DATA AS NOTED. R1 INCICAIES RECORD DATA PER R&D. 386-51. R2 INDICATES RECORD DATA PER R.S.B. 145-11. R3 INDICATED RECORD DATA PER LOT 4 TRACT No BIG, N.B. 16-117. w LacJ i rY ESTABLISHED SOUTHERLY LINE LOT 4, TRACT No B3D, L.D. 16-117, BETWEEN M3 k 117 PER R1 M12 _340.07' (SUUI RI299.94' R2 180.14"(180.22') Ri & R2-"( /tr--j ..._. _.... — ..._ _ M+LI� L (3O.D N89°5203'E 1J1.74' N69°52'O.i E 731.7G'_ NSVItDI 03-E 131.74'- A B a L N89'52'D3'E 135.74' A 0 C- LOT 1 GROSS: 2.008 A" �I HET: IAM AD. 1189°5203'E 131.70'; N89'52'S3'E 66021' (661,D7')R7 (660,13 LEGEND: INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. SHEET 2 OF 2 BHF.EYIS "LONG" N 1,863,10355 E 6,56O,63B.28 GRAPHIC SCALL 1 urn w sF -11;� r ((1320,44) Rt (1329401) 124_. M2 4}1.18 A 41 JT60 22] Rl (660.217) R2 u&9 48•E f _ M1a LOMA AVENUE (VACATFR) ry II k R2 MONUMENT NOTES; y O [}50.00'] a FOUND MONUMENT AS NOTED, SEE DETAIL !] A' HEREON ! 2" 1 P TAGGED L5, 8639 OR LEAD, TACK k TAG L.S. 8539 OR 8' SPIKE AND WASHER STAMPED LS. 8639 TD BE SET AT ALL TRACT BOUNDARY r"i E g coRNERS, WITHIN 24 MDNTH9 FROM THE FILING DATUOF THIS MAP, J( N 150.00—� 30 UNLESS OTHERWSE NOTED, I" I,P. FLUSH TAGGED L.S. 8639 OR LEAD, TACK & TAO i.& 8639 OR 8' SW STAMPED L.S. 86390 BE SET AT ALL LOT CORNERS. WITHIN 24 MONTHS FR02N WAIF FILING DATE OF THIS MAP, UNLESS OIHERVWSE NOTE'. M1 FUUND 3' PUNCHED ALUMINUM DISK, STAMPED 'CITY ENGR', IN E F m�I WELT MONUMENT PER PWFB 1326-2704. CON 1.5, ACCEPTED AS CENTERuNE INTERSECTION AVENUE RIVER m] OF GARVEY AND AVENUE. -3Qm i om �j M2 FOUND 4" BRASS DISK STAMPED `TA CO FLOOD CONTROL', DOWN 1,5' IN WELL MONUMENT, NO REFERENCE. ACCEPTED AS E'LY CONTROL o FOR CENTERLINE OF GARVEY AVENUE. M3 WELL � ? d' FOUND I' IRON RIPE, IN MONUMENT, PER RI k 0, DOWN 1,5', ACCEPTED AS SLY CONTROL FOR CENTERUNE OF RIVER AVENUE AND c "w & c } '4 WILY CONTROL OF R3. _ x a n FOUND 1 1/4' IRON PIPE, TAGGED "LS 4453, PER RI k R2, DOAN a ory $ a „ 5, 19M4 • z 0.2', ACCEPTED AS HE CORNER OF MAP BOUNDARY. � MS FOUND LEAD AND TAC LS 7388, NO REFERENCE, ACCEPTED AS B v m POSITION CF LEAD AND TAO LS 3774 PER R1, AND SOUTHEAST 10111 Cl MAP BO1 w,� M6 FOUND LEAD, TACK AND YAG "LS 4453' PER RI AND R2, N SOUTH D'DB' EAST 0.20' FROM NORTHWEST BOUNDARY QDINER, 63 1P z m M7 FOUND 1' IRON PIPE TAGGED "LS 7388' PER RI, FLUSH, ACCEPTED 9 jc AS M69°52'51'E }.00H OFFSET FROM SOUTHEASTERLY CORNER OF �s a PARCEL 5 OF INSTRUMENT NO. 98-1483272 OF OFFICIAL RECORDS F� ry HELD FOR EASTERLY CONTROL OF SOUTHERLY UNE OF R3. 'LS /j M8 FOUND SPINE AND WASHER STAMPED 4¢53°, PER R1 k 134 FLUSH. VE WESTERLY BOUNDARY UNE PRODUCED, 0.08' SOUTHERLY OF GARVEY AVENUE CENTERLINE. I` R i I M9 FOUND 3' PUNCHED ALUMINUM OISK, STAMPED 'CITY ENGR", IN WELL Q� a a ? tl/ S.,ol B w MONUMENT PER CITY OF ROSEMI TIE C -2-I1, DOWN 1.5, ACCEPTED AS POINT ONGARVEY AVENUE CENTEgUNE AT APPARENT tvA. w INTERSECTION OF SUWVAN AVENUE. a MID SFARUHfD NOT FOUND. = I e] MI1 NO ACCESS, IN FLOOD CONTROL CHANNEL, ESTABLISHED BY INTERSfOTDN. 93.13'1 RI MIT L2�� L93_13— 150Ao] Ray M12 SEARCHED NOT FOUND, SOUTHWESTERLY CORNER BOUNDARY CORNER ESTACLIVEOAT INIERSECDON OF SOUTHERLY UNE OF RS WITH UNE W, 3Ug B N REUN PARALLEL TD EASTERLY BOUNDARY LINE, THROUGH M8. N07E8: 1622p N8Z 17y;W (AEW LOT I IS FOR CONDOMINIUM PURPOSES, ?20.90 LCT 2 IS FOR COMV,N'I r pDRPCs£S,