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HomeMy WebLinkAboutAgenda Packet - April 1, 2013 - CC APPROVED Date Lt / ► 1a-o/ 3 o� ,9r� 1 jr M 1 »r..er.. • 5� C wiis1 CONSENT ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: APRIL 1, 2013 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On March 26,2013 the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action request. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE ` BASE MO SALARY PD Frank Chavez Captain Merit Increase 3482/4 03/02/2013 $12,086.50 PD Tamara Patlogar Police Communication Regular 9195/2 Supervisor Appointment $6,018.60 03/12/2013 PD Rosa Sok Police Records Specialist II Regular 9150/5 Appointment $3,984.53 03/15/2013 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO.SALARY PW Felix Zarate Water Distribution Worker I TBD 5167/1 $3,813.60 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. APPROVED CONSENT ITEM D-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: APRIL 1, 2013 SUBJECT: FINAL TRACT MAP NO. 54057-16, WISTERIA RECOMMENDED ACTION It is recommended that the City Council acts and finds as follows: 1. The City Council hereby finds that this project complies with the General Plan and is consistent with the approved tentative map and any amendments thereto. 2. Final Tract Map No. 54057-16 is hereby approved and the street, storm drain, sewer and public utility dedications as offered on the map are hereby accepted. 3. The City Council approves and authorizes the Mayor to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-16 to construct the required public improvements and also accept the attached Faithful Performance Bond No. PB 03010400629 in the amount of $710,584, the attached Labor and Materials Bond for $710,584, as guaranteed by Philadelphia Indemnity Insurance Company, as well as a Monumentation Bond in the amount of $10,600 also as guaranteed by Philadelphia Indemnity Insurance Company. 4. That pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the City Council hereby finds that the development of the property, in the manner set forth on the subject division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development Company, Monrovia Nursery Company and Rosedale Land Partners II, LLC and accepts the map without the signatures of said easement holders. 5. The City Clerk is hereby authorized to endorse on the face of the map the certificate, that embodies the approval of said map and acceptance of street, storm drain, sewer and public utility dedications. BACKGROUND This Final Map involves the approval of the final subdivision map designated Tract 54057-16, located just northeast of the Dhammakaya Meditation Center in the Parks neighborhood of Rosedale, adjoining the Glendora city boundary. The developer is Wisteria Rosedale LP, a Delaware limited partnership, and the Civil Engineer is Walden and Associates. The Applicant has submitted the checked Final Map, the Public Improvement agreement, posted necessary bonds, and paid the applicable fees. Tract No. 54057-16 has been checked by the Designated City Engineer for mathematical accuracy, survey analysis, title information, compliance with the State Subdivision Map Act, compliance with the City's Subdivision Ordinance, and compli- ance with the applicable conditions of approval. Attached are the agreement for Completion of Public Improvements for Tract No. 54057-16 to construct the required public improvements, a Faithful Performance Bond in the amount of $710,584, a Labor and Materials Bond for $710,584 as guaranteed by Philadelphia Indemnity Insurance Company, and a Monumentation Bond in the amount of $10,600 as guaranteed by Philadelphia Indemnity Insurance Company. With the technical review having been completed, and the map meeting State and City requirements, the Council's approval would be a ministerial action. FISCAL IMPACT The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study approved as part of the original Rosedale entitlements in 2003. 2 - This page is part of your document - DO NOT DISCARD 20130634341 I IIID ILII II II VIII IIIII��III �I �� VIII III�I VIII IIIA IIII IIII Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 04/26/13 AT 04:01PM P0036: FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 111111111111111111111119111111111111111111111111�IIIIIIII&nllllllllllllllllll9�ll LEADSHEET 111111111111111111111111111111111111111111111111111111 201304260010079 00007583411 @RIIIIIIIIIIIIIINI 004805960 SEQ: 01 DAR i�umm�nunieiimdiinsi�m�iu� - IIUIl011�II�IIIIIRIANIIfl�lI�BII - -RECORDING REQUESTED BY Q4�2612013; WHEN RECORDED MAIL TO *20130534341* Jeffrey Lawrence Cornejo City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) Agreement for Completion of Public Improvements, Tract No. 54057-16, between City of Azusa and Wisteria Rosedale, LP. RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF AZUSA 213 E. Foothill Blvd. Azusa, CA 91702 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt tram, rerarcling_Iee,;.•.per Goyermnent Code Section 6103 CITY OF AZUSA, CALIFORNIA City C cif AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 54057-16 between CITY OF AZUSA a California municipal corporation and WISTERIA ROSEDALE, LP, a Delaware limited partnership ORANGE\MMARTINEZ\33457.1 0 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 54057-16 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this _ day of January, 2013 by and between the City of Azusa, a California municipal corporation ("City") and Wisteria Rosedale, LP, a Delaware limited partnership with its principal office located at 23 Corporate Plaza Drive, Suite 246, Newport Beach, CA 92660 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. Developer has heretofore submitted to City an application for approval of a tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"), and which is identified in City records Tract Map No. 54057-16. B. Developer's application for a tentative tract map for Tentative Tract No. 54057 was conditionally approved by the City Council on February 3, 2003. C. Developer has not completed all of the work or made all of the public improvements required by Chapter 66, Article V of the Azusa Municipal Code, the Subdivision Map Act (Government Code sections 66410 et seq.), the conditions of approval for Tract No. 54057-16 or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section 66-4650) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 54057-16. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 54057-16. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City ("City Council") approves the final map for Tract No. 54057-16 and (d) Developer records the final map for Tract No. 54057-16 in the Recorder's Office of the County of Los Angeles. If the above described conditions are not satisfied, this Agreement shall automatically terminate without ORANGEWMARTINEW 3457. 12 need. of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 54057-16. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Parcel/Tract No.54057-16, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 54057-16 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Quality of Work, Cornoliance With Laws ,and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other ORANGEWMARTINEZ\33457. 13 I requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit `B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public improvements and Landsca in City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. 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 Developer'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 Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer 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 Public Improvements or their condition prior to acceptance. ORANGE\MM ARTINEZ\33457. 14 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No. 54057-16. 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et sec . of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grp. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 54057- 16 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sec . of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 54057-16 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and ORANGE\MMARTINEZ\33457. 15 any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 54057-16. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy, City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et sec . of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. ORANGE\MMARTINEZ\33457. 16 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements: As -Built or Record Drawin s. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Los Angeles a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefore. If Tract No. 54057-16 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including a warranty and guarantee that all trees, shrubs and irrigation within the Property shall survive, with reasonable maintenance, in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty period, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, including irrigation, shrubs, trees and/or transplanted trees that have died despite reasonable maintenance, in accordance with the current ordinances, resolutions, regulations, codes, standards, tree preservation plans or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty periods shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty period, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation ORANGEW MARTINEW 3457. 17 N. under this section shall survive the expiration or termination of this Agreement. In addition, nothing contained herein shall impose upon Developer additional maintenance obligations for any Public Improvements that are repaired, replaced or reconstructed once these are accepted by City. 13.0 Security: Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et sec .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of SEVEN HUNDRED TEN THOUSAND FIVE . HUNDRED EIGHTY-FOUR DOLLARS ($710,584.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 54057-16, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel/Tract No. 54057-16. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of, SEVEN HUNDRED TEN THOUSAND FIVE HUNDRED EIGHTY-FOUR DOLLARS ($710,584.00)which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIH, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall ORANGEWMARTINEZ03457. 18 secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 54057-16 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of TEN THOUSAND SIX HUNDRED DOLLARS ($10,600.00) which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 54057-16. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13 et SeMc . and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. 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. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the ORANGEWMARTINEZ03457. 19 negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17. L4 Professional Liabil�. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured: Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall OR ANGE\MMARTINEZ\33457. 110 contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance,• Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates: Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City. 17.7 Jnsurer_ Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 54057-16, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 Authority to Enter AMement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. OR AN GENMARTNEZl33457. 1 11 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction: References, Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Azusa P.O. Box 1395 213 E. Foothill Blvd. Azusa Ca. 91702 Attn: City Manager DEVELOPER: Wisteria Rosedale, LP 23 Corporate Plaza Drive, Suite 246 Newport Beach CA 92660 Attn: DanielO'Bannon Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such ORANGEWMARTINEW3457. 112 attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Patty Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. ORANGE\MMARTINEZ\33457. 113 CITY OF AZUSA WISTERIA ROSEDALE, LP, a Delaware limited partnership By: By: CDG Wisteria, LLC, Ignatttre) a Delaware limited liability company its General Partner James Makshanoff City Manager, City of Azusa By: Nameca*V-t5t - ' Title: By: Name: l641mi+ct- Title: Cf:70 ATTEST: �R Cy� By: By: 5i nat (signature) dc-t'rre% Lelirence- `l&tr�i6 r1r. (print n me) City Clerk City of Azusa (print name) NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. ORANGE MMARTINEZ03457. 114 ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: — Individual(s) — Corporase Orr1cerf*e_ 49_(f — Partner(s) — Attorney -in -Fact Trustee(s) — Subscribing Witness — Guardian/Conservator — Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA COUNTY OF Los e4eS On M f } l A0 2013, before me, T,y- the undersigned notary public, personally appeared m eS ��ksd.�LO personally known tome OR -- proved to me on the basis of satisfactory evidence to be the person(sa whose name(s) War,- subscribed smsubscribed to the within instrument and acknowledged to me that he/&he/tle-rexecuted the same in his/berltukr-authorized capacity(i@4), and that by his/beritheir signature( on the instrument the person(ir), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Si nature of Notary or J. V. HEFtNANDEZ Commission # 1998874 z a " Notary Public - California z Los Angeles County My Comm. Expires Nov 22, 2016 ORANGEWIMARTINEZU3457. 115 CAPACITY CLAIMED BY SIGNER: — Individual(s) —Corporate Officer(s) — Partner(s) — Attorney -in -Fact — Trustee(s) — Subscribing Witness — Guardian/Conservator -. Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) } _v STATE OF CALIPORNIA COUNTY OF 611'&(d-� On c , 2013, before me, fili;na,"I&41.1.&_� Z , the undersigned rotary public, personally appeared J �. I•f2'. �;� �'�FY��� ls�r s /���� �l�,J�tiL f�:i"�Llr ��:r'.. , -----p@i'5�$H4WiT•�f3•�C OR— proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) igare subscribed to the within instrument and acknowledged to me thathe/�they executed the same in-hiAer/their authorized capacity(ies), and that by hi-AgrJtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary 1 ORANGE\MMARTINEZ133457. 116 606'1PATRICIA ALEXIS HANSON Commission # 1888030 d Notary Public - California n Orange County My Comm. Expires May 2, 2014 r EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 54057-16 LOT 29 OF TRACT NO. 62150, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 1311, PAGES 28 THROUGH 50, INCLUSIVE, OF MAPS, IN THE OFFRICE OF THE COUNTY RECORDER OF SAID COUNTY. ORANGEWMARTINEZ03457. 117 EXHIBIT `B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 54057-16 Tract 54057-16 Rosedale F 216 S Total Unit units Streets Quw*bes Price 265 S AC 1096 S 55.00 Tons Base 1649 $40.00 Tons CA G 2576 S 26510 LF Sheet Lights 10 S 1.500.00 EACH Conwala Pavement 5457 i 5./m SQ FT Curb Ramps 2 S 1.800.00 each Sidearaak Ilisc darns tonal 9042 S 3.50 sq R Slane Mai 18" RCP 24" RCP 30' RCP 36' RCP 42" RCP 54" RCP 60" RCP Other RCP aunCWn structures Catch Basins Catch Basin Vgrates Mac items servers O" VCP 10" VCP Haase Laterals 12"vCP Morlholas Iduc hal tlllater S DIP 12"04P 16" DIP 12" Valvas or Valves Thrust Blocks Fre Hydrants bisc items Brand Tolal ask CandrtgencV Bond amount ORANGE\MMARTINEZ\33457. 118 1716 S F 216 S 56.00 If 603 S 82.0 F 265 S 110AD F S 140.00 F $ 156.00 F S 250.00 F S 300.00 F S 320.00 F 4 $ 3AW-00 each O S 1.DODAO each 1 S 3.500.00 each 2 $ 4.000A0 each 1716 S 57.00 F S 61.00 F 24 S 1.04.00 each S 70.00 F s s 3.ODO.04 each 1330 S 43R0 F S aDAO F S 7DAD F S 3.000.00 each 3 s 3.000.00 each 6 S 1.000.00 each 4 S 2.000.00 each Bona F.f...NW $ E0.3D0.0D S a5.9a0.00 s a6.9O4.00 i 15AMOD S 27.295.0 S 3.000.00 S 33.747.00 5% $ 13.614.10 S 272.282-00 $ 2415.896.10 S 12.544.00 S 49.446.00 i 31,350.00 S - S - S - s - s 12.000.00 S - $ 3.500.00 S 6.000.00 5% $ 5.647.00 $ 116.940.00 $ 122.787-00 S 97.84244 s - S 24.000.00 S - S 24.400.00 i 7.290-60 i 145.812-00 S 153.102.60 S 57.190.00 3 - s - s - i 9.000.4 S 6.044.44 s 6.444.40 596 S 4.009.50 S 80.190.44 S 94.199.50 S O45A M S 910.504 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 54057-16 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $710,584.00 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: Michelle Haase (Account Manager) Surety Dept. Lockton Newport Gateway Tower I 19800 MacArthur Blvd, Ste 1250 Irvine, CA 92612 (949) 252-4400 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $710,584.00 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: Michelle Haase (Account Manager) Surety Dept. Lockton Newport Gateway Tower I 19800 MacArthur Blvd, Ste 1250 Irvine, CA 92612 (949) 252-4400 MONUMENT SECURITY: $10,600.00 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: Michelle Haase (Account Manager) Surety Dept. Lockton Newport Gateway Tower I 19800 MacArthur Blvd, Ste 1250 Irvine, CA 92612 (949) 252-4400 BOND NO. PB03010400629 INITIAL PREMIUM: X14,212 / Two -(Q Years SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP NO. 54057-16 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and Wisteria Rosedale, LP ("Principal'), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-10 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Pennvlvania , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ** dollars ($ 710,584.00** }, said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. **Seven Hundred Ten Thousand Five Hundred Eighty -Four and no/100 THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreernent and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, ORANG&MMART24F.ZCf3457. 121 Performance Bond No. PB03010400629 Page Two (2) employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seg. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN VMWESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California , this 12th day of March 2013 Wisteria Rosedale, LP Principal 1�7 : C -D& Mg7 L& LLX- , Sur �r By: By: Pr z ent C+h&C11_ H1WZ C_1�6$ (print name) 1 Janina Monroe f� r (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGNENTS BY PRINCIPAL AND SURETY, AND A COPY OF ATTORNEY TO LOCAL REPRESENTATIVES OF COMPANY MUST BE ATTACHED TO THIS BOND. 01PANGEWMARTM033457. 122 OF EXECUTION THE POWER OF THE BONDING CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ! sir J On ? before me, L -:w I Z4s J , Date Hera nsert Name and 7ille of the 0111PO personally appeared rS r Name(s) of Signer(s) 01.0&PATRICIA ALEXIS HANSON Commission # 1888030 Notary Public - California z z + Orange County My Comm. Expires May 2, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personXwhose nam%K is/are-- subscribed to the within ins{rument and acknowledged to me that he/she44ey executed the same in his/teUtbair authorized capacity0es), and that by his/hl signatureeX on the instrument the personas), 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: Q_01_a_�J ' i; Signelure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: .... Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: ....... Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing V 2009 National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6627) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On MAR l 2 2013 before me, Michelle Haase , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Janina Monroe Name(s) of Signer(s) l MICHELLE HAA5E Commission # 19-148 Notary Public - California ` Orange County ir• y r My Cornrn. Expires A22 201G ES who proved to me on the basis of satisfactory evidence to be the personal whose nameYGX, islw:w- subscribed to the within instrument and acknowledged to me thatf/she/thxx1 executed the same in it/her/tWr authorized capacity(iW, and that by bd�/her/thin signature* on the instrument the personM, or the entity upon behalf of which the person(( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signal a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: ElIndividual ❑ Corporate Officer —Title(s):� ElPartner ElLimited ElGeneral El Attorney in Fact ❑ Trustee [-]Guardian or Conservator F-1Other: Signer is Representing Number of Pages: Signer's Name: ElIndividual E]Corporate Officer—Title(s): ElPartner ElLimited ElGeneral El Attorney in Fact r-1Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 68 PHILADELPHIA INDEMNITY INSURANCE COMPANY m 231 St Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC; its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the V day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15"' DAY OF NOVEMBER 2012. • ' F'•41Y (Seal) ,.....•, � President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15" day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. colHldmi IRL OF,Ma4NSYLVAMA NDTAR[n Sat bAtMM' Twp,pORATH, Rotary Pubic towerAtetion Twp, Corn M CunmissW M�, 201 Notary Public: residing at: Bala Cynwyd, (Notary Seal) My commission expires: March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. 1 do further certify that Sean S. Sweeney, who executed the Power of Attorney as President, was on the date of cxccution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, YAR B sp 2013 In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day ofL 20' Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY BOND NO. PB03010400629 INITIAL PREMIUM: is included in Performance Bond SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP MPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and Wisteria Rosedale, LP ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 5405716 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company corporation organized and existing under the Iaws of the State of Pennsylvania and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of ** DOLLARS, ORAMG1lMMARTINFZ133457. 123 **Seven Hundred Ten Thousand Five Hundred Eighty -Four and no/100 Payment Bond No. PB03010400629 Page Two (2) ($ 710,584.00** , said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THUS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et M. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby 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 California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. oRAFicammARTiNEmms7. [24 Payment Bond No. TBD Page Three (3) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California this 12th day of March f 2013 Wisteria Rosedale, LP �P delphie Inde nk nSffance Company Principal 125�1; C.� Wt5t#-, 1-&CI ret By: �&,-? �1 By: �--- Pre'side'nt Attu. ey-in-Fact � flanina Monroe f1�STDPC4ez✓Z Col �+6 S _ (print name) - (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. oRANCBW MARTINEW3457. 125 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,6'InJLn On .lac'FI- 4) before me, AL-,Z,�s l4 n). 1V61--;1ey Dale ' Here Insert Name and Tille of tha Officer personally appeared (�?. Names) of Signer(s) PATRICIA ALEXIS HANSON Commission # 1888030 Notary Public - California n z '� `- Orange County My Comm. Expires May 2, 2014 Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the personXwhose name.wis/af ,- subscribed to the within instrument and acknowledged to me that he/sheAkay- executed the same in hisft?4 4eir--authorized capacity(ies)- and that by his/heN4heir signature(sj' on the instrument the persono, or the entity upon behalf of which the personjsracted, 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. Signature: Signature of Notary Public Document Date: Signer(s) Other Than Named Above: -- Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual - ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages:. ....... - Signer's Name: ❑ Corporate Officer — Title(s). ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing v zuua rvanonai Notary Association • NanonaiNotary.org • 1-Suo-ua NU I AHY (1-600-676-6827) Item #5907 Ls� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On MAR 12 2013 before me, Michelle Haase , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Janina Monroe MICHELLE HAASE Commission 1986148 1" `S;;• �y:,; 3{ Notary Public - California OagAng2 2, 2016ne County mEx s ii ,t Of who proved to me on the basis of satisfactory evidence to be the personal whose nameM is/W- subscribed to the within instrument and acknowledged to me that>lW.fshe/thY,�, executed the same in i4tt iherftftr authorized capacity(ioW, and that by [A/her/this signature( on the instrument the person(, 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 Place Notary Seal Above Signature/of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s). ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 69 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC; its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15TH DAY OF NOVEMBER 2012. .z y, 7- (Sea!) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15" day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CDMNONWEAL OFPEMSVLvaNu N�D1ARiAL SEAL DANIELLE PORATR #5vlery PubIC ttyy I.o �mm Manhs1iatch�t$ Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA March 22 2 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certifi. that Sean S'. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of P-10LADELF-HIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this L day R 12 201 20L J. 927 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No. PB03010400630 Premium 212 / Two 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Wisteria Rosedale LP Subdivider, as Principal, and Philadelphia Indemnity Insurance Comp , a Corporation, as Surety, are hereby jointly and severally bound to pay to the Cily of Azusa, California in the sum of Ten Thousand Six Hundred and no/100 Dollars ($10.600.00). The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of City of Azusa Tract No. 054057-16, entered into an agreement with said City, to set Survey Monuments in said tract and to pay the engineer or surveyor performing the work, in full within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or any extension of said term that may be granted by the Council of the C4 of Azusa, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including 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 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. SIGNED and SEALED this 12th day of March, 2013. Wisteria Rosedale, LP P ' oden ance Company BY: /Y` BY: CkE2 cerT3JPif�� �i3S y -in -Fact �t�a'l 26NT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On j! [q lj,,�W OalB personally appeared before me,A__7re_1A�c�v� ���c�T7 Tri ic� // Flere Insert Name and Title of the Olfkt?ar 7`n.. n n r PATRICIA ALEXIS HANSON Commission # 1888030 Notary Public - California Z Orange County My Comm. Expires May 2, 2014 t who proved to me on the basis of satisfactory evidence to be the person(s)" whose name(s)- is/a�e-- subscribed to the within instrument and acknowledged to me that he/she/Viey executed the same in his/he#their authorized capacity(ies) and that by his/he#4h6r signature()., on the instrument the person(s)-�'or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature:c��f Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: . Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2009 National Notary Association - National Notary. org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On MAR 12 2013 Date personally appeared before me, Michelle Haase Janina Monroe MICHELLE HAASE Commission # 1986148 s Notary Public - California orange County M Comm. i x Ires Au 2'2.2416 M , Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personAA whose nameM is/W subscribed to the within instrument and acknowledged to me that&/she/thX ji executed the same in 3EDt;/her/tftr authorized capacity(iin), and that by �A/her/tfir signature* on the instrument the personM, 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. Signature Place Notary Seal Above Signet re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)'_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):— El Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing, 70 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY). NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC; its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15TH DAY OF NOVEMBER 2012, 0, "SOL i'r .yeys (Seal) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15'h day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMIJON YenL oFP>cr SVLVANIA HOMRtAL SEAL DAlr` aLL PORATH. W" Pd* County Lawry MXMAT4% T+� t � luTarcit� 2010 M Commtss<aj s Notary Public: residing at: Bala Cynnd. PA _- (Notary Seal) My commission expires: March 22.2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Scan S. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, MAR 12 2013 In Testimony Wharcof I have subscribed my name and affixed the facsimile seal of each Company thisday of i —�J 20 t4� 1927 :s Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Rosedale Cash Bonds Posted 1/2/2013 iDevelopment Co. I Bonds Approval Purpose Tract # Amount Status City View Check 11/1/2010 Monumentation 54057-8 10000 Active City View Check 11/1/2010 Monumentation 54057-14 10000 Active City View Check 11/1/2010 Monumentation 64417-1 7500 Active City View Check 3/21/2011 Monumentation 54057-11 7800 Active KB Home Coastal Check 5/25/2011 Monumentation 63336-2 10000 Active TRI Pointe Homes Check 5/21/2012 Monumentation 64417 30000 Active Brookfield Homes Check 10/3/2011 Monumentation 54057-18 5000 Active Brookfield Homes Check 7/5/2011 Monumentation 54057-13 1 11750 Active . aikt at ilk At Aik iik At. Aik At At1441; lk Al'T l'i t : 14" 16°C14'‘1141*46' L, lik 1 > 3 II ik lilt t CA''lk AZUSA '"' (7.4.,'" 6 ,- ER 2013 The City of Azusa's lk . Recreation and Family Services Department tiordially invites you and your family it lk - - to join us for the 1k lkz; ;''''' ' , . ' '114f4,.t.,- 7.---=''''T`t:4.-br -,---, - lk 14 i 144 1414 a lto cir' n IPA( tkt lklkr .� •t Num I 1 I . i-iii.i.i..,tiv' _..1. . _- ' 14 lk lk ik 14 lk ilk 14 14 2013 ARBOR DAY CELEBRATION lk 144 Thursday, April 18, 2013 Azusa City Hall 14 14 213 E. Foothill Blvd. Azusa. CA 91702 lk ilk 5:00 p.m. For more information, please call (626) 812-5280. 14 'Creating a Lifetime of%temorzes for the Entire Tami(y" At this ceremony, a new Oak Tree was also planted to replace the one that was lost Early December 2011 , at a wind storm APPROVED• © 4 Date 4/1 , v.. .4111.17. ts T - - _ AZUS1 CONSENT ITEM D-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: APRIL 1, 2013 SUBJECT: NEW CLASS SPECIFICATION—UTILITIES ADMINISTRATIVE & FINANCIAL SERVICES MANAGER RECOMMENDATION The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.5, that the City Council adopts the new class specifications of Utilities Administrative & Financial Services Manager. BACKGROUND The new class specification of Utilities Administrative & Financial Services Manager will replace the Assistant to the Director of Utilities/Principal Policy and Budget Analyst. A review of the Essential Functions of the Assistant to the Director of Utilities/Principal Policy and Budget Analyst indicate that a number of functions have changed since the position was last updated. In addition, a revision/simplification of the position title is proposed. In general, this position is responsible for developing/managing: the utility's operating and capital budgets, financial plans/analysis, third party financial/bond reporting functions, utility rate tariffs/studies, strategic pans, Utility Board agenda preparation, the City's refuse services, and contract facility maintenance activities. Key changes to better reflect new class specification and current duties are as follows: • Adds supervisory function that this position performs of staff members (2) responsible for office and facility management activities. Notes that additional positions may be added to supervisory role in the future. • Adds representation on various industry legislative and legislative committees and legislative advocacy as appropriate. • Highlights need for good project management and organization skills. The proposed new class specification of Utilities Administrative & Financial Services Manager reflects the broad administrative/business functions provided by this position and simplifies the current cumbersome title. Adoption of the new class specification will reflect the current responsibilities. FISCAL IMPACT No compensation level changes are proposed at this time. CITY OF AZUSA UTILITIES ADMINISTRATIVE& FINANCIAL SERVICES MANAGER DEFINITION Under general direction, supervise utility's administrative support services, coordinate operating and capital budgets preparation/administration; coordinate utility board agenda preparation, distribution and follow-ups; coordinate utility department accounts payable functions; supervise property management and maintenance services; perform legislative analysis, financial forecasting, analysis and reporting; and conduct cost of service studies for water and electric utility services and implement rate changes. This position is also required to administer the City's Exclusive Franchise Agreement for Refuse Collection and Recycling Services, oversee implementation of various environmental programs and perform other administrative and operational duties as assigned. CLASS CHARACTERISTICS The Utilities Administrative & Financial Services Manager classification is a professional level administrative position requiring the ability to act independently consistent with all City budgetary policies and purchasing procedures, as well as the Rules and Regulations of Azusa Light & Water. This position may also be assigned other specific administrative duties within a broad range of departmental operations. This position is FLSA exempt. ESSENTIAL FUNCTIONS Under direction of the Director of Utilities, and working cooperatively with other Division Managers, develop and/or coordinate the preparation of technical and administrative reports on a variety of subjects for presentation to the Director of Utilities, Utility Board, City Manager, City Council or other groups. Has the responsibility for ensuring all reports, including those for the Utility Board Agenda, comply with the appropriate deadlines, regulations, rules, laws,policies and procedures. Prepares, coordinates, and monitors the department operating and capital improvement budgets; supervises and coordinates budget adjustments/changes with the City Finance Department; responsible for monitoring and approving expenditures and payroll; prepares financial reports on division budgets and monitors reserve levels and debt-coverage ratios; responds to inquiries by credit rating agencies on behalf of the utilities department; prepares financial forecasts and oversees the study/development of various new 4nd/or modified utility rate schedules. Prepares bond disclosure reports and helps coordinate debt issuances for capital improvements or debt refinancing. Administers solid waste contract; calculates annual solid waste rate adjustments; presents rate adjustments and other contract changes to the City Council; supervises and coordinates refuse service complaint resolution; formulates and administers policies and programs to comply with the state's recycling mandate, AB 939; supervises staff administering used oil block grant, beverage container recycling grant, household hazardous waste roundup scheduling, and sharps disposal program; ensures that reports required by outside agencies, such as CalRecycle, are submitted on time and demonstrate compliance. As directed, provides research and project management services for implementation of new utility technologies and programs such as Smart Grid functions including the installation of automated metering technologies. Supervises utilities administrative staff responsible for property management, facilities maintenance, equipment maintenance, accounts payables processing, timesheet filing and payroll preparation, office supplies maintenance, meeting room calendars, meeting room accommodations, message board programming, mail distribution, travel arrangements and expense reconciliations, budget reporting, work order payment/billing reconciliations, and general administrative support of utilities department division managers. Other department personnel may be assigned in the future for supervision. As directed, represents the organization on legislative and regulatory committees of affiliate associations and organizations; prepares reports to the Utility Board on legislative or regulatory items; prepares legislative advocacy letters to state and federal representatives; may attend committee or board meetings at the federal, state, regional, county and subregional level, to represent and advocate the City's positions, policies or interests. Assists with strategic planning for the utility. Assists in the development and implementation of goals, objectives, policies and procedures of the Light and Water Department; conducts special studies of policies, procedures and staffing levels in operating divisions of the Department to ensure that operations are efficient and have adequate resources; identifies opportunities for improvement and recommends processes to implement change. MARGINAL FUNCTIONS These are position functions which may be changed, deleted or reassigned to accommodate an individual with a disability. QUALIFICATION GUIDELINES Education and /or Experience Any combination of education and/or experience that has provided the knowledge, skills and abilities necessary for satisfactory job performance; An ideal combination may include a Bachelor's Degree from an accredited college/university in Business, Finance, Public Administration, Accounting or a related field and seven (7) years related experience in a public utility, government or finance/accounting firm of which a minimum of five (5) years must be in a progressively responsible administrative or management position(s). Knowledge, Skills and Abilities Knowledge of the operational characteristics, services and activities of a comprehensive public utility; principles of financial analysis, rate development and forecasting; organizational and management practices as applies to the analysis and evaluation of public utility budgeting, operations, programs, services, policies and procedures; thorough understanding of capital improvement and municipal budget preparation and administration; knowledge of methods used in preparing financial forecast models; understanding of basic principles of contract law, contract development and accounting; principles and practices of supervision,training and performance evaluation; project management and organization experience; skill at using personal computer software and hardware; ability to communicate clearly and concisely, both orally and in writing; ability to research and prepare complex reports on a variety of subjects; ability to establish and maintain effective relationships with the City Council, staff, other departments,the public in general and other entities and agencies; ability to organize and plan work with minimum supervision; represent the City at a variety of meetings; make recommendations regarding operations and contractual issues; understand, explain and apply policies and procedures; analyze unusual situations and resolve them through application of management principles and practices; and develop comprehensive plans to meet future City needs/services. SPECIAL REQUIREMENTS Possession of or ability to obtain a Class C California Drivers License and a satisfactory driving record.