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HomeMy WebLinkAboutAgenda Packet - February 3, 2014 - CCAPPROVED nr%i wnu uCC71kl/= CONSENT ITEM D-8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, DIRECTOR OF PUBLIC WORKS VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: FEBRUARY 3, 2014 SUBJECT: FINAL TRACT MAPS NO. 63336-3 AND 63336-4; ROSEDALE RECOMMENDED ACTION It is recommended that the City Council acts and finds as follows: 1. That this project complies with the General Plan and is consistent with the approved tentative map and any amendments thereto. 2. The dedications as offered on the maps are hereby approved and accepted. 3. The City Council approves and authorizes the Mayor to execute the attached Agreement for Completion of Public Improvements for Tract No. 63336-3 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $257,251.32 and the attached Labor and Materials Bond for $257,251.32 as guaranteed by Philadelphia Indemnity Insurance Company. 4. The City Council approves and authorizes the Mayor to execute the attached Agreement for Completion of Public Improvements for Tract No. 63336-4 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $246,914.25 and the attached Labor and Materials Bond for $246,914.25 as guaranteed by Philadelphia Indemnity Insurance Company. 5. 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 divisions of land, will not unreasonably interfere with the free and complete exercise of the easements held by Monrovia Nursery Company and Azusa Land Partners, LLC Southern California Gas Company, Southern California Edison Company, Azusa Water Development and Irrigation Company and Rosedale Land Partners II and accepts the map without the signatures of said easement holders. 6. Approve Final Tract Map No. 63336-3 and Final Tract Map No. 63336-4, and 7. The City Clerk is hereby authorized to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedications. BACKGROUND These Final Subdivision Maps, designated Tract No. 63336-3 and Tract No. 63336-4, pertain to property located along the north side of Sierra Madre Ave near the intersection with Azusa Veterans Way. This subdivision will accommodate the residential neighborhood known as Tamarind Lane II, which is an extension of a project being completed adjacent to Arborview at Ninth Street, named Tamarind Lane. The developer is TRI Pointe Homes, Inc., a Delaware Corporation, and the Civil Engineer is RBF Consulting. The designated City Engineer has completed final checking procedures for the final maps and has found that it is in substantial conformance with the State Subdivision Map Act, City of Azusa requirements, Vesting Tentative Map 54057, Tentative Map 62150, and related conditions of approval. The Applicant has submitted the checked Final Map, the subdivision agreement, posted necessary bonds, and paid the applicable fees. Attached are Agreements for Completion of Public Improvements for Tracts No. 63336-3 and 63336-4 to construct the required public improvements, as well as Faithful Performance Bonds in the amounts of $257,251.32 and $246,914.25, and Labor and Materials Bonds in the amounts of $257,251.32 and $246,914.25 as guaranteed by Philadelphia Indemnity Insurance Company. Cash monument bonds of $5,000 for each tract have also been posted. 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. This approval is another step in the implementation of the Rosedale project. Prepared by Roy Bruckner, Project Manager 2 - This page is part of your document - DO NOT DISCARD A A EY00245 20140143858 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California LEADSHEET 02/10/14 AT 12:50PM 111111111111111111111111111111111111111111111111111111111111111 201402102840097 00008846304 i�oirmumiNWNiim 006027724 SEQ: 02 uuur��i�uu�M�miui�m��iWine1�� 111i 11111111111111111111111111111111111 IN 1111111111111111 � 111E 1I 1111111111111111111 THIS FORM IS NOT TO BE DUPLICATED FEES: TAXES: OTHER: P002: 0.00 0.00 0.00 0.00 Fri A RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) Agreement between City of Azusa and Tri Pointe Homes, Inc., for Completion of Public Improvements Tract No. 63336-3 RECORDING REQUESTED BY: WIN RECORDED RETURN TO: CITY OF AZUSA 213 E. Foothill Blvd Azusa CA 91702 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Fxempt from recording Frye. per Government Code Section 6103 CITY OF AZUSA, CALIFORNIA P.. AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 63336-3 between CITY OF AZUSA a California municipal corporation and TRI POINTE HOMES, INC. a Delaware Corporation ORANGE\MMARTINEZ\33457.1 3 F1 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 63336-3 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 63336-3 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this day of 2014 by and between the City of Azusa, a California municipal corporation ("City") and TRI Pointe Homes, INC., a Delaware Corporation with its principal office located at 19520 Jamboree Road, Suite 200, Irvine CA 92612 ("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. 63336-3 B. Developer's application for a tentative tract map for Tentative Tract No. 63336-3 was conditionally approved by the Planning Commission on June 12, 2013. 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. 63336-3 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 therefore, acceptable to the City Engineer and City Attorney, for Tract No. 63336-3. 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. 63336-3. 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. 63336-3 and (d) Developer records the final map ORANGEWMARTINEZ03457. 12 for Tract No. 63336-3 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 need. of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 63336-3. 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 Tract No. 63336-3, 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. 63336- 3 ("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 -a caval 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,• Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all ORANGE\MMARTMEZ\33457. 13 applicable federal, state and local laws, ordinances, regulations, codes, standards, and other 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 I move nents and Landscaping. 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. ORAN GE\MMARTINEZ\3345 7. 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. 63336-3. 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 seq. 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 Grading. 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. 63336-3 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. 63336-3 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. 63336-3. 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 seq. 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 Casts. 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 Drawings. 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. 63336-3 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 ORANGE\MMARTINEZ\33457. 17 U 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 Securi • Sqjety 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 seq.) 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 sec . 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 Two Hundred Fifty Seven Thousand Two Hundred Fifty One Dollars and Thirty Two Cents ($257,251.32), 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. 63336-3, 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 Tract No. 63336-3. 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 Two Hundred Fifty Seven Thousand and Two Hundred Fifty One Dollars and Thirty Two Cents ($257,251.32), 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:VIII, 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 ORANGE\MMARTINEZ\33457. 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. 63336-3 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 Five Thousand Dollars ($5,000.00), 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 63336-3. 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 seq. 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 negligence or willful misconduct of Agency as determined by a court or administrative body of ORANGE\MMARTINEZ\33457. 19 PON 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. 17.1.4 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 ORANGE\MMARTINEZ\33457: 110 13 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 Insurer 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. 63336-3, 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 Agreement. 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. ORANGE\MMARTINEZ\33457. 111 �I 20.2 Cooperation; Furffier 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. DEVELOPER: TRI Pointe Homes, INC 19520 Jamboree Road, Suite 200 Irvine CA 92612 Attn: City Manager Attn: Tom Grable 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 ORANGEWMARTINEZ\33457. 112 15' 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 PgAy 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 Attome s' 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 Counter arts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. ORANGEWIMARTINEZU 3457. 113 I � CITY OF AZUSAj By: ?/ (signature) (print name) City Manager City of Azusa ATTEST: By: - lgnature) (print name) ^ City Clerk City of Azusa TRI POINTE(OMES, INC By: Douglas F. Bauer CEO By: Thomas G. Grable Vice President 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. ORANGENMARTMEZ\33457. 114 State of California County of Orange On January 9, 2014 ACKNOWLEDGMENT before me, Kelly T Willis, a Notary Public (insert name and title of the officer) personally appeared Douglas F. Bauer and Thomas G. Grable who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)1S/are subscribed to the within instrument and acknowledged to me that hide/they executed the same in his r/their authorized capacity(ies), and that by M6-Fber/their signature(s) 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. KELLY J. WILLIS Commission # 1986732 ry c� WITNESS my hand and official seal. . �' Notary Public - California orange County A My Comm. expires Jul 30. 2016 Signature (Seal) CAPACITY CLAIMED BY SIGNER: Individual(s) -- Corporate Officer(s) Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness — Guardian/Conservator /Other ft ILj P1Lt'.xo+a-✓ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA COUNTY OF LOS On Fe4 (u a clS . , 2014, before me, e-rK u -Z , the undersigned notary public, personally appeared AIS — proved to me on the basis of satisfactory evidence to be the personal whose name( is/aFe subscribed to the within instrument and acknowledged to me that he/sho4ho), executed the same in his/lr authorized capacity(iQ-s4, and that by his/hop4heir signature(sa 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. Sig#m of Notary ORANGE\MMARTINEZ\33457. 116 J. V. HERNANDEZ Commission # 1998874 Notary Public - California Los Angeles County My Comm. Expires Nov 22, 2016+ 2 19 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 63336-3 C'HF, LAND RI-'1`1TtRED TO 11-C,21?IN HI_+]_(Ak' I'� S.I'II_rA'TED IN 711F WNIINC;C)1WORA'IED A.RFA 0 tf)!i ANGFJ,U,s, C 0UN'1'Y IAF 1-0S AN0F1- 4S, STA't F OF CAL,II=4) tMA, AND IS XSI tiC I2:I�lii_�,1ti Ft7L1.C��4'S' LOT 13 Of TRACT NO. 62150, IN THE CITY OF AZUSA, C'OU'NTY OF LOS ANGELES, STATE Of' CALIFORNIA. AS PER NIAP RECORDED IN FM30K 1311 PACES -2N 'FILROUGl3 50 INCL USIVI� Of MAPS. IN THE OFFICE_ OFTJIF COUNTY RECORDER OFSAID-- 'COUNTY - EXCEPTING AND RESERVING (A) ALL OIL., OIL. RIGI:ITS, MINERALS, MINERAL RLGITTS, NATURAL GAS RIG11'L'S AND OTIIER IIYDROCARRONS BY WFIATSOEV ER NAME KNOWN, GXOTHERMA1. STEAM AND ALL PRODUCTS DERIVED FROM .ANY OF THE FOREGOING, TIIAT MAY BE WITITIN OR uNDFR Tin .LAND, TOGETHER WITH 1-11F PVRPF=I'UAI. RIGHT OF DRILLING, MTNTNG, EXPLORING AND OPERATING T"Clit'FOR AND STORING 17NN, AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING TIIJE; RIGFIT TO WFIIPSTOCK OR DIRECTIONALLYDRILL AND IMINr FROM LANDS OTHER THAN TIIE (,AND, 011.. OR GAS WFFI.LS, TUNNELS AND SHAFT'S INTO, '.THROUGH OR ACROSS TIIF,' SU.BSi1RFACE OF l'LIE LAND, .AND TO BOTTOM SUCH WIILPSTOCK D OR OIRECTIONALLY DRILLED Y4'F:L..LS, TLiNNEL.S AND SHAFTS UNDER AMNO RENEAT14 OR BEYOND I -lip EXTERIOR 1.1MIT.STPIkR.FOK AND TO RE.DRILT, IiETUNNEI., EQUIP, MAINTAIN, REPAIR. DEEPEN AND OPERA'CF: ANY SUCII WF:1_L.S OR MINES WITHOUT, ITOWEVER, THE RICHT TO DRILL, MINE, STORE, EXPLORE: OR OPERATE: THROUGH TILE SURFACE OR THE UPPER 51111 F'EE_TOF TIIF; SUBSURFACE OF IIIE LAND, ANIS (B) ANY AND ALL. WATER, WATER RIGHTS OR INTERESTS TIIFR.EIN APPURTVNANT OR RELATING TO THE LAND OR OWNED OR USED BY GRANTOR IN CONN W.LT"ll OR WTTFL RESPECT TO TIDE LAND (NO MATTER HOW ACQUIRED BY GRANTOR), WHE'TI1kR SUCII %VATFR RIGIIIS SIAAIA, BE RIPARIAN, OVERLYING APPROPRLATIVF., LITTORAL, PERCOLATING, PRFSCRIP'I'IVE, ADJUDICATED, STA'T'UTORY OR CONTRACTUAL, TOGETI ER WITI'I THF RIGHT AND POWER I'O EXPLORE:, DRILL., RF'DRIIJ, REMOVE AND STORY TFIE SAME FROM OR 1N TETE LAND OR TO DIVERT OR OTILF_RWISF UTILIZE SUCH WATER, RIGLITS OR .INTE,RFSTS ON ANY OTHER PROPERTY OWNED OR LEANED BY GRANTOR, OUT WITHOUT, HOWFv'LR ,ANY 111041 -TO ENTER UPON THE SURFACE: OF TIi1 LAND IN T11F: EXERCISE OF SUCII RIGHTS. AS EXCEPTED AND RI--SVRV'ED BY ROSEDALE LAND PARTNERS 11 LLC, A DELAWARE LIMITF:T7 LIABILITY COMPANY, IN DrFD RECORDED OF:CCM)WR 24, 211L2 A5 INST'RUMFNT NO., 21112-1995577 OF OFFICIAL RECORDS. .= PN. $6-15-001-046 ORANGE\MMARTIN EZ\3 3 45 7. 116 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 63336-3 ORANGEWMARTMEZ03457. 117 a 0 Tract 63336-03 Rosedale Sewers 8" VCP Total Unit 57.00 Units Bond Streets Quantites Price $ Estimate AC 358.88 $ 75.00 Tons $ 26,915.63 Base 742.5 $ 40.00 Tons $ 29,700.00 C&G 1100 $ 25.00 LF $ 27,500.00 Street Lights $ $ 1,500.00 EACH $ - Concrete Pavement 5% $ $ 5.00 SQ FT $ - Curb Ramps 3 $ 1,500.00 each $ 4,500.00 Sidewalk 2240 $ 3.50 sq ft $ 7,840.00 Misc items 6" DIP 10% $ 9,645.56 total $ 12,000.00 12" DIP $ 96,455.63 If $ - 16" DIP $ 106,101.19 Storm Drains $ - 12" Valves If $ 3,000.00 18" HDPE Private 375 $ 23.00 If $ 8,625.00 12" HDPE Private 295 $ 18.00 If $ 5,310.00 30' RCP $ $ 110.00 If $ - 36' RCP $ $ 140.00 If $ 42" RCP 5% $ $ 156.00 If $ 54" RCP $ $ 250.00 If $ - 60" RCP $ $ 300.00 If $ Other RCP $ $ 320.00 If $ - Manholes 4 $ 3,000.00 each $ 12,000.00 Junction Structures $ 1,000.00 each $ - Catch Basins 2 $ 3,500.00 each $ 7,000.00 Catch Basins/grates $ 4,000.00 each $ - Misc items $ 32,935.00 Sewers 8" VCP 409 $ 57.00 If $ 23,313.00 10" VCP $ 61.00 If $ - House laterals 13 $ 1,000.00 each $ 13,000.00 12" VCP $ 70.00 If $ - Manholes 3 $ 3,000.00 each $ 9,000.00 Misc items 5% $ 2,265.65 $ 45,313.00 $ 47, 578.65 Water 6" DIP 400 $ 30.00 If $ 12,000.00 12" DIP $ 60.00 If $ - 16" DIP $ 70.00 If $ - 12" Valves 6 $ 3,000.00 each $ 18,000.00 6" Valves 2 $ 3,000.00 each $ 6,000.00 Thrust Blocks 5 $ 1,000.00 each $ 5,000.00 Fire Hydrants 2 $ 2,000.00 each $ 4,000.00 Misc items 5% $ 2,250.00 $ 45,000.00 $ 47,250.00 Grand Total est $ 233,864.84 Contingency $ 23,386.48 Bond amount $ 257,251.32 a�1 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 63336-3 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: $ 257,251.32 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: 231 St. Asaph's Rd., Suite 100 Bala Cynwyd PA 19004 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 257,251.32 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: 231 St. Asaph's Rd., Suite 100 Bala Cynwyd PA 19004 CASH MONUMENT SECURITY: $ 5,000.00 Amount deposited per Cash Receipt No. CR -2--L7339 Date: 1/14-/2.0 14 ORANGE\MMARTMEZ\33457. 120 ` This page is part of your document - DO NOT DISCARD 20140143657 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 02/10/14 AT 12:60PM P0033: FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IIIIVIIIIIIIIAIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111 LEADSHEET 1111111111111111111111111111111111111111111111111111111111111 201402102840097 00008846303 f�IIIIIIIIIIIF'�'III�Y� 006027724 SEQ: 01 DAR irmiWwmimiMail im(Hard uCopy) THIS FORM IS NOT TO BE DUPLICATED m�n - IIIIIINIYINRtlIAN11111111�1k11111 - e RECORDING REQUESTED BY QYI19 2014 WHEN RECORDED MAIL TO i��ilt i,�, lel 1{ ti�y 1 Jeffrey Lawrence Cornejo, Jr. s 140143657' City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) 32, Agreement between City of Azusa and Tri Pointe Homes, Inc., for Completion of Public Improvements Tract No. 63336-4 t % RECORDING REQUESTED BY: WIEN RECORDED RETURN TO: CITY OF AZUSA 213 E. Foothill Blvd Azusa CA 91702 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE F.xeW front rcoar i.. per Government Code Section 6103 CITY OF AZUSA, CALIFORNIA AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 63336-4 between CITY OF AZUSA a California municipal corporation and TRI POINTE HOMES, INC. a Delaware Corporation ORANGEVAMARTINEZW457.1 N AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 63336-4 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 63336-4 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this day of} , 2014 by and between the City of Azusa, a California municipal corporation ("City"and Pointe Homes, INC., a Delaware Corporation with its principal office located at 19520 Jamboree Road, Suite 200, Irvine CA 92612 ("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. 63336-4. B. Developer's application for a tentative tract map for Tentative Tract No. 63336-4 was conditionally approved by the Planning Commission on June 12, 2013. 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. 63336-4 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 therefore, acceptable to the City Engineer and City Attorney, for Tract No. 63336-4 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. 63336-4. 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. 63336-4 and (d) Developer records the final map ORANGE\MMARUNEZ\33457, 12 0 for Tract No. 63336-4 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 need. of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 63336-4. 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 Tract No. 63336-4, 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. 63336- 4 ("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, Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all ORANGE\MMARTINEZ\33457. 13 applicable federal, state and local laws, ordinances, regulations, codes, standards, and other 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. ORANGEWMARTINEZ\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. 63336-4. 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 SeMc . 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 Gradin. 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. 63336-4 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. 63336-4 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\MMART W EZ\33457. 15 A. any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 63336-4. 8.0 Qi1y Inspection of Public Im rovements. 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 seq. 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 0 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 Drawings. 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. 63336-4 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 ORANGEWMARTI114EZ03457. 17 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 Securi . 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 SeMc .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Perforinance Boats. 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 sec . 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 Two Hundred Forty Six Thousand Nine Hundred Fourteen Dollars and Twenty Five cents ($246,914.25), 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. 63336-4, 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 Tract No. 63336-4. 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 Two Hundred Forty Six Thousand Nine Hundred Fourteen Dollars and Twenty Five cents ($246,914.25), 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:VIII, 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 ORANGEWMARTMEZ03457. 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. 63336-4 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 Five Thousand ($5,000.00), 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 63336-4. 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 sem. 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 seq. 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 negligence or willful misconduct of Agency as determined by a court or administrative body of ORANGENMARTINED33457. 19 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. 17.1.4 Professional Liability. 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 ORAN GMMMARTINEZU 345 7. 110 13 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 Subro ate. 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 Insurer 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. 63336-4, 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 Agreement. 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. ORANGE\MMARTINEZ\33457. 111 f `( 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: DEVELOPER: Cily of Azusa TRI Pointe Homes, INC P.O. Box 1395 19520 Jamboree Road, Suite 200 213 E. Foothill Blvd. Irvine CA 92612 Attn: Cily Manager Attn: Tom Grable 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 ORANGE\MMARTINEZ\33457. 112 8 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 Party Beneficiaries. There are no intended third parry beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidi • Severabifily. 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 parry, 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;F;�%Zz By: (signature) (print name) City Manager City of Azusa ATTEST: By:ch ature) UC4fCE� FwGuftrltt 1�ar�! S2�.t if_ print name) City Clerk City of Azusa TRI POINTEMES, IN By: Doup-las F. Bauer By: CEO Thomas G. Grable Vice President 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. ORANGEWMARTMEZ03457. 114 State of California County of Orange On January 9, 2014 ACKNOWLEDGMENT before me, Kelly J. Willis, a Notary Public (insert name and title of the officer) ►7 personally appeared Douglas F. Bauer and Thomas G. Grable who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he7*ie/they executed the same in hisfwz/their authorized capacity(ies), and that byV3ker/their signature(s) 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. _ KELLY J. WILLIS - .- Commission # 1986732 WITNESS my hand n official seal. @ = • '� Notary Public -California � -��Orange County My Comm. Expires Jul 30. 2016 Signature (Seal) ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officers) Partner(s) Attorney -in -Fact — Trustee(s) Subscribing Witness Guardian/Conservator SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA COUNTY OF L pS A N 6 = LCS On Fe -1 ato_ rU 5. , 201 _� before me, T. 11 r [a d , the undersigned notary public, personally appeared Gi. we es LJ a -Aker _ K a --A . Kb ge W" , — paM0na i Lk-Z1,Wn4Q4ne OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/a-e subscribed to the within instrument and acknowledged to me that he/shay executed the same in his/Meir authorized capacity(-ies), and that by his/heir signature(g) on the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Sign F e of Notary IQJ. V. HERNANDEZ Commission # 1998874 -+� a Notary Public - California a z Los Angeles County My Comm. Ex lies Nov 22, 2016 ORANGMMMARTINEZ\33457. 05 iu fa EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 63336-4 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF LOS ANGELES, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS; LOT 8 OF TRACT NO, 62150, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1311 PACZE5 28 T11ROUGIE 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING AND RESERVING (A) ALL OH, OIL, RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVLNG THE SAME FROM SAID LAND OR ANY OTHER LAND, .INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER $00 FEET OF THE SUBSURFACE OF THE LAND, AND (B) ANY AND ALL NATER, WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE LAND OR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND (NO MATTER HOW ACQULRED BY GRANTOR), WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM OR IN THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, BUT WITHOUT, HOWEVER ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS EXCEPTED AND RESERVED BY ROSEDALE LAND PARTNERS II LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN DEED RECORDED DECEMBER 2A, 20[2 A5 NS R I'MENT NO 0l Z-1995577 OF OFFICIAL RECORDS. APN: 8625-001-034 ORANGEWMARTINEZ03457. 116 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 63336-4 ORANGE\MMARTINEZ\33457. 117 ORA R, Tract 63336-04 Rosedale Total Unit Units Bond Streets Quantites Price Estimate AC 360 $ 55.00 Tons $ 19,800.00 Base 745 $ 40.00 Tons $ 29,800.00 C&G 1100 $ 25.00 LF $ 27,500.00 Street Lights $ 1,500.00 EACH $ - Concrete Pavement $ 5.00 SQ FT $ - Curb Ramps 5 $ 1,500.00 each $ 7,500.00 Sidewalk 3300 $ 3.50 sq ft $ 11,550.00 Misc items 10% $ 9,615.00 total $ 96,150.00 $ 105,765.00 Storm Drains If 18" HDPE Private 400 $ 23.00 If $ 9,200.00 6" HDPE Private 120 $ 12.00 If $ 1,440.00 30' RCP $ 110.00 If $ - 36' RCP $ 140.00 If $ 42" RCP $ 156.00 If $ - 54" RCP $ 250.00 If $ - 60" RCP $ 300.00 If $ - Other RCP $ 320.00 If $ - Manholes 3 $ 3,000.00 each $ 9,000.00 Junction Structures $ 1,000.00 each $ - Catch Basins 1 $ 3,500.00 each $ 3,500.00 Catch Basins/grates $ 4,000.00 each $ - Misc items 5% $ 1,157.00 $ 24,297.00 Sewers 8" VCP 630 $ 57.00 If $ 35,910.00 10" VCP $ 61.00 If $ - House laterals 13 $ 1,000.00 each $ 13,000.00 12" VCP $ 70.00 If $ Manholes 5 $ 3,000.00 each $ 15,000.00 Misc items 5% $ 3,195.50 $ 63,910.00 $ 67,105.50 Water 6" DIP 400 $ 30.00 If $ 12,000.00 12" DIP $ 60.00 If $ - 16" DIP $ 70.00 If $ - 12" Valves $ 3,000.00 each $ - 6" Valves 2 $ 3,000.00 each $ 6,000.00 Thrust Blocks 4 $ 1,000.00 each $ 4,000.00 Fire Hydrants 2 $ 2,000.00 each $ 4,000.00 Misc items 5% $ 1,300.00 $ 26,000.00 $ 27,300.00 Grand Total est $ 224,467.50 Contingency $ 22,446.75 Bond amount $ 246,914.25 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 63336-4 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: $246,914.25 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: 231 St. Asaph's Rd., Suite 100 Bala Cynwyd PA 19004 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $246,914.25 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: 231 St. Asaph's Rd., Suite 100 Bala Cynwyd PA 19004 CASH MONUMENT SECURITY: $5,000.00 Amount deposited per Cash Receipt No. CP -22-7340 Date:y14ZZo l4 ORANGE\MMARTINEZ\33457. 120 BOND NO. PB03010401160 IlqITIAL PREMIUM: $1,235 /One (1) Year SUBJECT TO RENEWAL CITY OF AZUSA PARCUUTRACT MAP NO. 63336-4 RAPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the Citv of Azusa, California ("Cit)r") and TRI Pointe Homes_ Inc �T a Delaware corporation (Principal"), have executed an agreement for wort: consisting of, but not limited tn, the furnishing all labor, materials, tools, equipment, sea -vices, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, sheet lights, and all other required facilities for Parcel/Tract Map No. 63336-4 ("Public Improvements='); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public Improvements dated ("lnnprovement Agreement"); WHEREAS, the Improvement Agmernent is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warrants, the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation of bg-anized and existing under the laves of the State of and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ** dollars t$ 246,914.25-----, said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Impro-vement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, fru-dy by these presents. **Two Hundred Forty -Six Thousand Nine Hundred Fourteen and 25/100 Dollars** THE CONDITION OF T` US 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 perfartn the covenants, conditions, agreements, guarantem, and warranties in the Improvement Agreement 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, nRANGb'w ARTINF-\\33457. 120 Performance Bond No. PB03010401160 Page Two (2) (91 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 �iN. of the Government Code of California as security for perfonnance of the Improvement Agreement and security for the one-year guarantee and wamnty of the Public Improvements. IN WITNESS VVHEREOF; 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 Sth day of January 2014 TRI PointeHomes- ice,. a Del w..aLe, oorporatjQn Principal BY: _ �) 4� President `J bot+o�La.s f- 8cuce F (Priv name) ame) NOTE: APPROPRIATE NOTARLAT ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, ANIS A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST RE ATTACHED TO THIS BOND. QRANGt;,wm,kRT &---3457.120 State of California County of Orange On January 9, 2014 ACKNOWLEDGMENT before me, Kelly J. Willis, a Notary Public (insert name and title of the officer) a§ personally appeared Douglas F. Bauer who proved to me on the basis of satisfactory evidence to be the person -(8,) whose name) istafe subscribed to the within instrument and acknowledged to me that helsTtel#wy executed the same in his/dyer t4eir authorized capacity -(h *, and that by hist -Re- •r signature) on the instrument the personN, or the entity upon behalf of which the persorrfs) 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 (Seal) KELLY J. WILLIS Commission # 1986732 Notary :• `' y Public -California Orange County v M Comm. Expires Jul 30, 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On JAN 0 8 2014 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) who proved to me on the basis of satisfactory evidence to be the persons whose named is/W- subscribed to the within instrument and acknowledged to me that)Wlshelth)4o executed the same in ft1herltI)G(r authorized capacity(iU), MICHELLE HAASE and that by WherlMr signatureM on the instrument the Commission # 1986148 person, or the entity upon behalf of which the person(o acted, executed the instrument. Notary Public - California Orange County I certify under PENALTY OF PERJURY under the laws of My Comm. Expires Aug22, 2016 the State of California that the foregoing paragraph is true and correct. Witness my hand and offici I seal. Signature ��, & �,_) Place Notary Seal Above Signatars , Notary Publi-, OPTIONAL Though the information below is not required by iaw it may prove valuable to persons reiyinp 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Tltle(s). ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Tltle(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �a 932 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 Attomev(s) in Fact and authorize the Attomey(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 simatures of such officers and the seal of the Company may be affixed to anv such Power of Attornev 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. a� 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 7Tx DAY OF FEBRUARY 2013. (Seal) e,4,- - o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7's day of February 2013; before me came the individual who executed the preceding instnnnent, 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. Fec. FF�p1.41r4YAN1R NDTARiAL SEE41. f7 , tk LE POi?ATwp.. Ii. t9OM Pablo Lower pfarina Twp.. MontgnmM CW* iA Camtrtssm F 6March 22 2018 Notary Public: residing at: Bala vnwvd_'PA (Notary Seal.) My commission expires: March 22. 2016 L 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 cen& that Robert D. O'Leary Jr., 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. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company thisiday oO _ 4 8 2M Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY We BOND NO. PB03010401160 D\TITIAL PREMIUM: Included in Performance Bond SUBJECT TO RENEWAL CITY OF AZUSA PARCEL/TRACT MAP IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: 1611EREAS the City of Azusa, California ("City") and TRI Pointe Homes, Inc., a Delaware corporation C Principal"), have executed an a -Dement 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, pathway=s, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 63336-4 -- ("Public Improvements'); WHEREAS, the Public Irnprovements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated ("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 Impro)7ements, 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 allomry's fee in case suit is brought on the bond. Philadelphia Indemnity Insurance Company NO)V, THEREFORE, Principal and ("Surety"), a corporation organized and existing under the laws of the State of Philadelphia 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 woric and materials as aforesaid excepting the Principal, the sum of ** DOLLARS, oRANGa-MMARTIN X33457.120 **Two Hundred Forty -Six Thousand Nine Hundred Fourteen and 25/100** Payment Bond No. PB03010401160 Page Two (2) 9 9 ($24b.414.2.s ], 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 THIS 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 Idnd, 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 mill 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 obligations, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 at seg. of the California Goveznmeni 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. Su req, for value received, he=Vy stipulates and agrees that no change, extension of tine, 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. QRANCrF,WMtART-1N6L13345?. 120 Payment Bond No. PB03010401160 Page Three (3) 1 TN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the dame of the Surety is hereto affixed and attested by its duly authorized Mtorney-in-Fact at Irvine, California , this 8th day of January . 2014 TRI Pointe Homes, Inc., a Delaware corporation Principal n By. u President (p;int name) pany 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. OM14GEMVLARTiNEM33457. 120 ACKNOWLEDGMENT State of California County of Orange On January 9, 2014 before me, Kelly J. Willis, a Notary Public (insert name and title of the officer) personally appeared Douglas F. Bauer who proved to me on the basis of satisfactory evidence to be the person(N whose name() is/are subscribed to the within instrument and acknowledged to me that he/she/thQy executed the same in his/her4heir authorized capacity0esj, and that by his/hedtbeir signature(t�on the instrument the person(s),,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 (Seal) KELLY J. WILLIS' Commission # 1986732 des Notary Public - California z Orange County ' a My Comm. Expires Jul 3.0,_2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 113, STATE OF CALIFORNIA County of Orange } On JAN 0 8 2014 before me, Date personally appeared Janina Monroe rAC MIC LLE HAASE Commission #t 1986148 Notary Public - California Orange County My Comm. Expires Aug 22, 2016 W Michelle Haase Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, who proved to me on the basis of satisfactory evidence to be the persons whose named is/W- subscribed to the within instrument and acknowledged to me that>(*1shelth)25; executed the same in it /herltftr authorized capacity(i V, and that by kg/herlth)ffi- signatureW on the instrument the persbnM,, or the entity upon behalf of which the person(XX 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 Signator 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 aoo#her 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 933 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 INDEMNIT17 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 fill] 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 X5,000,000.00 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, y 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 Attomey(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, an`, 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. 33 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 7"" DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr.,. President & CEO Philadelphia Indemnity Insurance Company On this 7" day of February 2013, 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. com PE7t}18YLILAff1A HOTARIALSAL OAMIBIE PORATR Ntftry Pubs c Wrgt�hesionTwp. A4onEgomaty Ctta�' 44,kNotary Public: �/(f,ra, [;Amrnraseon f�pkeaid"drG11�2, �tt4 residing at: Bala Cvnwvd._PA (Notary Seal) My commission expires: March 22. 3016 1, -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 Robert D. O'Lean- Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomev the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY_ In Testimony Whereof I have subscribed my name and affixed the facsimile seal ofeach Company this; kfay of J AN 0 8 2014 Craig R Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY • (OF 4;111 ::'f4.''-:-- - n '� pit: — i a ., .fir '_ a T :' �' ; ai *� � * i AGENDA REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY AND THE PUBLIC FINANCING AUTHORITY OF THE CITY OF AZUSA AZUSA AUDITORIUM MONDAY,FEBRUARY 3, 2014 213 EAST FOOTHILL BOULEVARD 6:30 P.M. Closed Session 7:30 P.M.Regular Meeting AZUSA CITY COUNCIL JOSEPH R.ROCHA MAYOR EDWARD J. ALVAREZ ANGEL CARRILLO COUNCILMEMBER COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES MAYOR PRO-TEM COUNCILMEMBER 6:30 P.M. CEREMONIAL 1. Presentation of Certificates to Victor Santa Cruz, Head Football Coach for Azusa Pacific University (APU), for leading the team to the National Christian College Athletic Association (NCAA) Division II Great Northwest Athletic Conference (GNAC) Championship, his selection as GNAC Coach of the Year, and leading his team to victory in the NCCAA Victory Bowl; and to the Team for their achievement. 2. Presentation of Certificates to Azusa Pacific University Women's Soccer Team, for winning the 2013 National Christian College Athletic Association(NCCAA)National Championship. 02/03/2014 - 1 - • CLOSED SESSION NOTICE TO THE PUBLIC FOR CLOSED SESSION Prior to going into closed session the City Council will convene in the Auditorium serving as Council Chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. 54956.9(d)(1). Case Name: M.R., a minor by and through his Guardian Ad Litem, Vanessa Solano, et al. v. City of Azusa, et al., [Case No.: 2:13-cv-01510-DMG(VBKx)]. NOTICE TO THE PUBLIC FOR REGULAR MEETING In compliance with Government code Section 54957.5, copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are in file in the Office of the City Clerk - 213 E. Foothill Blvd.; copies for public view are in the Azusa City Library - 729 N. Dalton Ave., Azusa Police Department Lobby - 725 N. Alameda Ave., and the City of Azusa Web Page www.ci.azusa.ca.us. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. Cards submitted after 7:30 P.M will not be accepted. 7:30 P.M. -REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY. 1. Call to Order 2. Pledge to the Flag 3. Invocation—Pastor Dale Winslow of Foothill Community Church. A. PUBLIC PARTICIPATION This time has been set aside for persons in the audience to make public comments on items within the subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed on this agenda as an item other than a public hearing item. Members of the audience will have the opportunity to address the city council/agency board about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the council/agency board is prohibited from taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. The council/agency board will respond after public comment has been received. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes. B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Request from the Foothill Federal Credit Union, to waive the fees for the rental of the Civic Auditorium on February 6, 2014,to hold an Azusa City Employees Appreciation Day. 02/03/2014 - 2 - • 2. City of Azusa Letter Requesting Financial Assistance Under the Emergency Watershed Protection Program Due to the Colby Fire. 3. Update on the status of the Garcia Trail. C. SCHEDULED ITEMS 1. No Items. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 21, 2014. RECOMMENDED ACTION: Approve Minutes as written. 2. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 14-C6 allowing certain claims and demands and specifying the fund out of which the same are to be paid. 3. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 4. ACCEPTANCE OF LANDSCAPING IMPROVEMENTS FOR THE EASTERLY REMAINING PORTION OF THE PROMENADE MEDIAN AND ROUNDABOUT. RECOMMENDED ACTION: Accept that portion of the landscaped median of The Promenade extending from Palm Drive to the extension of Citrus Ave. including the roundabout, and approve and amend an increase in the existing Landscape and Irrigation Maintenance contract between the City and ValleyCrest Landscape Maintenance from$208,440.00 to $213,540.00. 02/03/2014 - 3 - 5. EXONERATION OF LANDSCAPING BOND FOR ARROYO IMPROVEMENTS FOR FINAL TRACT MAP 63336-2,MAPLETON AT ROSEDALE,BY KB HOME COASTAL,INC. RECOMMENDED ACTION: Exonerate the Faithful Performance Bond posted by KB Home Coastal, Inc. in the amount of $500,000 for landscaping improvements of a portion of the Arroyo adjacent to Tract 63336-2, Bond #K07947811 as guaranteed by Westchester Fire Insurance Company. 6. INCREASE RETAINER AGREEMENT. RECOMMENDED ACTION: Approve an increase to Retainer Agreement for legal services with Manning & Kass, Ellrod, Ramirez, Trester LLP for the lawsuit related to an "officer involved shooting" that occurred on September 3, 2012, in an amount not to exceed$250,000 without written approval of the City Council. 7. RESOLUTION PARTIALLY DELEGATING THE POWER TO CONDUCT WEED ABATEMENT TO THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY. RECOMMENDED ACTION: Adopt Resolution No. 14-C7 authorizing the Fire Protection District of Los Angeles County to conduct parcel-by-parcel weed abatement, including cost recovery, in the City of Azusa. 8. FINAL TRACT MAPS NO. 63336-3 AND 63336-4; ROSEDALE. RECOMMENDED ACTION: Council acts and finds as follows: That this project complies with the General Plan and is consistent with the approved tentative map and any amendments thereto; the dedications as offered on the maps are hereby approved and accepted; approves and authorize the Mayor to execute the Agreement for Completion of Public Improvements for Tract No. 63336-3 to construct the required public improvements and also accept the Faithful Performance Bond in the amount of$257,251.32 and the Labor and Materials Bond for $257,251.32 as guaranteed by Philadelphia Indemnity Insurance Company; approve and authorize the Mayor to execute the Agreement for Completion of Public Improvements for Tract No. 63336-4 to construct the required public improvements and also accept the Faithful Performance Bond in the amount of $246,914.25 and the Labor and Materials Bond for $246,914.25 as guaranteed by Philadelphia Indemnity Insurance Company; pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, find that the development of the property, in the manner set forth on the subject divisions of land, will not unreasonably interfere with the free and complete exercise of the easements held by Monrovia Nursery Company and Azusa Land Partners, LLC Southern California Gas Company, Southern California Edison Company, Azusa Water Development and Irrigation Company and Rosedale Land Partners II and accept the map without the signatures of said easement holders; approve Final Tract Map No. 63336-3 and Final Tract Map No. 63336-4, and authorize the City Clerk to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedications. 02/03/2014 -4- E. SUCCESSOR AGENCY RELATED BUSINESS 1. No Items. F. AZUSA PUBLIC FINANCING AUTHORITY 1. No Items. H. ADJOURNMENT 1. UPCOMING MEETINGS: February 18, 2014 (Tuesday), City Council Meeting—6:30 p.m. Azusa Auditorium; February 24,2014,Utility Board Meeting—6:30 p.m. Azusa Light&Water Conference Room; March 3, 2014, City Council Meeting—6:30 p.m. Azusa Auditorium. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 02/03/2014 - 5 - �3 v UTt ` ,rte,, ti" r r , ay �S-A -4"- gt C'9t/FOR ` DECLARATION OF POSTING CITY COUNCIL, REDEVELOPMENT AGENCY, PUBLIC FINANCING AUTHORITY AND INDUSTRIAL DEVELOPMENT AUTHORITY AGENDA I, 1)(AW, f\iY( ,Z declare that: I am an employee of the City of Azusa. On' (\ /0 ik I posted copies of the Agenda, as stated above for the meeting of elf A : , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Des ment, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the City's Web Page www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached hereto. I completed posting of the agendas as described in Paragraph two, at 4'.Di'h1 on the date of posting. The lobby of the Police Department and access to the agenda posted therein is available to members of the public 24 hours per day and 7 days per week, including all weekends and holidays, and at the Azusa City Library reference desk during their normal business ours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED �n�� 'nj 1+— , at Azusa, California. I , AFF MEMBER CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEETING Cif Date. Fe.b. 3, d-ol clittoRtg- AZUSA REPORTS UPDATES B-2 February 3, 2014 Hudson Minshew District Conservationist USDA Natural Resources Conservation Service 44811 N. Date Ave., Suite G Lancaster, CA 93534-3152 RE: EMERGENCY WATERSHED PROTECTION RECOVERY Dear Mr. Hinshew: On behalf of the City of Azusa, I am writing to request federal assistance under the provisions of Section 216 of the Flood Control Act of 1950, Public Law 81-516 or Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334, to restore damages sustained in the City of Azusa in Los Angeles County by the Colby Fire which started on January 16, 2014. This work is needed to safeguard lives and property from an imminent hazard of debris flows. We understand, as sponsors of an Emergency Watershed Protection project, that our responsibilities may include acquiring land rights and any permits needed to construct, and if required, to operate and maintain the proposed measures. We are prepared to provide local funding as our match towards the cost of construction work in dollars or in-kind services. Please feel free to contact James Makshanoff, City Manager, at (626) 812-5238, for any additional information that you might need in assessing our request. Sincerely, Joseph R. Rocha Mayor February 3, 2014 Hudson Minshew District Conservationist USDA Natural Resources Conservation Service 44811 N. Date Ave., Suite G Lancaster, CA 93534-3152 RE: EMERGENCY WATERSHED PROTECTION RECOVERY Dear Mr. Hinshew: On behalf of the City of Azusa, I am writing to request federal assistance under the provisions of Section 216 of the Flood Control Act of 1950, Public Law 81-516 or Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334, to restore damages sustained in the City of Azusa in Los Angeles County by the Colby Fire which started on January 16, 2014. This work is needed to safeguard lives and property from an imminent hazard of debris flows. We understand, as sponsors of an Emergency Watershed Protection project, that our responsibilities may include acquiring land rights and any permits needed to construct, and if required, to operate and maintain the proposed measures. We are prepared to provide local funding as our match towards the cost of construction work in dollars or in-kind services. Please feel free to contact James Makshanoff, City Manager, at (626) 812-5238, for any additional information that you might need in assessing our request. Sincerely, Joseph R. Rocha Mayor APPROVED COUNCIL MEETING . Date, 2 1 3 1 14- ' �� • " </FR � ZUS CONSENT ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: FEBRUARY 3, 2014 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 January 28,2014,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT` NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY LB Reed Strege City Librarian Merit Increase 3348/4 12/31/2013 $6,824.02 UTL Vince Perkins Electric Crew Supervisor Merit Increase/ 5228/5 Regular Appt $8,834.21 1/2/14 PD Erin Coulter Police Officer Merit Increase 6101/4 12/17/13 $6,691.85 B. PROMOTION—The following promotion(s)have been requested by the department head pursuant to the Rules of the Civil Service System. DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY PW Daniel Bobadilla From: Principal Civil Engineer 2/4/2014 3531/3 To: Assistant Director of Public $9,023.61 Works/City Engineer FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. Revved copy 3/4/2014 APPROVED COUNCIL MEETING r� Date, Id q' ��or 4;G ._«,..._ e.,..._.. .�._.....�,...., _u ..a s _hum. ,00 .>a, ZUS , // CONSENT ITEM D-3 TO: HONORAB.E MAYOR AND MEMBERS OF THE CITY COU CIL �/ FROM: ROBERT NEI t ER, DIRECTOR OF HUMAN RESOURCVS VIA: JAMES MAKSHA OFF, CITY MANAGER DATE: FEBRUARY 3, 2014 SUBJECT: HUMAN RESOURCES AL ION ITEMS RECOMMENDATION It is recommended that the City Council approve t'-;following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable : orandum of Understanding(s). BACKGROUND On January 28, 2014,the Personnel Board confirmed the foils ing Department Head recommendation regarding the following Personnel Action requests. ` A. MERIT INCREASE AND/OR'REGULAR APPOINTMEN . DEPARTMENT NAME ,VCLASSIFICATION A.TION/EFF RANGE/STEP DA BASE MO SALARY LB Reed Strege City Librarian Merit •crease 3348/4 12/31/20 $6,824.02 UTL Vince Perkins Electric Crew Supervisor Merit Incre. e 5228/5 1/2/14 $8,834.21 PD Erin Coulter Police Officer Merit Increase 6101/4 12/17/13 $6,691.85 B. PROMOTIp — The following promotion(s) have been requested by the department head pursuant to the Rules of the Civil Service System. DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY PW Daniel Bobadilla From: Principal Civil Engineer 2/4/2014 3531/3 To:Assistant Director of Public $9,023.61 Works/City Engineer FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets.