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HomeMy WebLinkAboutAgenda Packet - June 2, 2014 - CCAPPROVED COUNCIL MEETING Date, CONSENT ITEM D-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR /ASSISTANT CITY MANAGER VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: - JUNE 2, 2014 SUBJECT: FINAL TRACT MAPS NO. 54057-15 AND NO. 54057-17, CAMELLIA RECOMMENDED ACTION It is recommended that the City Council acts and finds as follows: 1. The City Council hereby finds that this project complies with the General Plan and is consistent with the approved tentative map and any amendments thereto. 2. The City Council hereby finds that this project will not violate any of the provisions of Sections 66473.5, 66474. 1, and 66474.6 of the Subdivision Map Act. 3. Final Tract Maps No. 54057-15 and 17 are hereby approved and the dedications as offered on the map are hereby accepted. 4. The City Council approves and authorizes the Mayor to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-15 to construct the required public improvements and also accept the attached Faithful Performance Bond No. PB03010401336 in the amount of $578,535, the attached Labor and Materials Bond for $578,535, and a Monument Bond in the amount of $13,800 all 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 division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development and Irrigation Company, Hilton B. Munns and Lu Ann B. Munns, Monrovia Nursery Company, PLC Edgemont LLC, a Delaware Limited Liability Company, Southern California Gas Co., and Covina Irrigation Co., and accepts the map without the signatures of said easement holders. 6. The City Council approves and authorizes the Mayor to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-17 to construct the required public improvements and also accept the attached Faithful Performance Bond No. PB03010401338 in the amount of $363,529, the attached Labor and Materials Bond for $363,529, and a Monument Bond in the amount of $7,000, all as guaranteed by Philadelphia Indemnity Insurance Company. 7. The City Clerk is hereby authorized to endorse on the face of the map the certificate that embodies the approval of said map and acceptance of dedications. BACKGROUND These Final Maps are necessary for the construction of one of Rosedale's newest neighborhoods known as Camellia, which will be located adjacent to the Glendora border and also generally north of the Rainbow Angling Club development. To be built by Brookfield Homes, the design review has been approved by the Planning Commission. These final subdivision maps are designated as Tract 54057-15 and 54057-17 and are in the 5000 block Parks neighborhood of Rosedale. The Maps are being processed by the master developer, Rosedale Land Partners II, LLC, a Delaware limited liability company, and the Civil Engineer is Walden and Associates. The Applicant has submitted the checked Final Maps, the Public Improvement agreement, posted necessary bonds, and paid the applicable fees. Tracts 54057-15 and 17 have been checked by the Designated City Engineer for mathematical accuracy, survey analysis, title information, compliance with the State Subdivision Map Act, compliance with the City's Subdivision Ordinance, and compliance with the applicable conditions of approval. Attached are Agreements for the Completion of Public Improvements to construct the required public improvements, Faithful Performance Bonds, and Monument Bonds for Tracts 54057-15 and 54057-17 as follows: 1.) Tract 54057-15: Performance Bond No. PB03010401336 in the amount of $578,535, Labor and Materials Bond for $578,535, and a Monument Bond in the amount of $13,800, all as guaranteed by Philadelphia Indemnity Insurance Company. 2.) Tract 54057-17: Performance Bond No. PB03010401338 in the amount of $363,529, Labor and Materials Bond for $363,529, and a Monument Bond in the amount of $7,000, all as guaranteed by Philadelphia Indemnity Insurance Company. With the technical review having been completed, and the maps meeting State and City requirements, the Council's approval would be a ministerial action. FISCAL IMPACT The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study approved as part of the original Rosedale entitlements in 2003. 0) The Canyon City—Gateway to the American Dream June 3, 2014 Los Angeles County Recorder Attn: Property Recording Division 12400 E. Imperial Hwy Norwalk, CA 90650 Gentlepersons: Please record the following documents for the City of Azusa: Certified Return Receipt Re uest LTD bW'7__ E3 tO 1. Agreement for Completion of Public Improvements, Tract No. 54057-15 between the City of Azusa and Rosedale Land Partners II, LLC 2. Agreement for Completion of Public Improvements, Tract No. 54057-17 between the City of Azusa and Rosedale Land Partners II, LLC 3. Agreement for Completion of Public Improvements, Tract No. 54057-21 between the City of Azusa and Rosedale Land Partners II, LLC 4. Agreement for Completion of Public Improvements, Tract No. 54057-22 between the City of Azusa and Rosedale Land Partners II, LLC Attached you will find both, the original Agreements and a copy. Please stamp and return the copy to our office using the self-addressed stamped envelope provided. Note that The City of Azusa is exempt from fees per Government Code Section 6103. Thank you for your continued cooperation. Sincerely, Annette Juarez Administrative Technician Enclosures as noted. Office of the City Clerk 213 E. Foothill Boulevard, Azusa, California, 91702 (626)812-5233 ♦ Fax (626)812-5155 ♦ ajuarez@ci.azusa.ca.us This page is part of your document - DO NOT DISCARD 20140599145 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 06/10/14 AT 11:28AM P0040 FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 I�IIIIIIIIIIIIIIIIIII�INII�dII�IIIIII�IIIIIIIINIIIGIIlll�911111111111111 II LEADSHEET 111111111111111111111111111111111111111111111111111111111111 201406102880099 00009261013 IBIVIIIBIII�IN�I�IIN 006228614 SEQ: 01 mniio�DAR Mail i(Hard niuuouCopy) iMia A im��ii�imo�miui�iuNnnn�uNmm � RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 i1Elit�l��1�• t �i ti 1 ll� , SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) Agreement for Completion of Public Improvements, Tract No. 54057-15 between the City of Azusa and Rosedale Land Partners II, LLC RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF AZUSA 213 E. Foothill Boulevard PO Box 1395 Azusa, CA 91702-1395 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Fsmnnt fyomTecordr oveinment Cade Section 6103 CITY OF AZUSA, CALIFORNIA City CIC AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 54057-15 between CITY OF AZUSA a California municipal corporation and ROSEDALE LAND PARTNERS II, LLC a Delaware limited liability company ORANGE\MMARTINEZ\33457.1 03-04-14 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 54057-15 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 4th day of March, 2014 by and between the City of Azusa, a California municipal corporation ("City") and Rosedale Land Partners II, LLC, a Delaware limited liability company with its principal office located at 23 Corporate Plaza Drive, Suite 246, Newport Beach, CA 92660 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. Developer has heretofore submitted to City an application for approval of a tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"), and which is identified in City records Tract Map No. 54057-15. B. Developer's application for a tentative tract map for Tentative Tract No. 54057 was conditionally approved by the City Council on February 3, 2003. C. Developer has not completed all of the work or made all of the public improvements required by Chapter 66, Article V of the Azusa Municipal Code, the Subdivision Map Act (Government Code sections 66410 et seg.), the conditions of approval for Tract No. 54057-15 or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section 66-4650) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 54057-15. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 54057-15. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City ("City Council") approves the final map for Tract No. 54057-15 and (d) Developer records the final map for Tract No. 54057-15 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 ORANGEWMARUNEZ03457. ]2 need. of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 54057-15. 2.0 Public Ifnprovements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Parcel/Tract No. 54057-15, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 54057-15 ("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 confonn with all other requirements and standards set forth in this Agreement. 2.4 Ouality of Work,• Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other ORANGE\MMARTINEZ\33457. 0 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 Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts thein. 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\33457. 14 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No. 54057-15. 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 se . 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 tilne 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. 54057- 15 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sec . of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 54057-15 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. ] 5 any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 54057-15. 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: Cit 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 sem. 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. ] 6 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 lm rovements: 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 hnprovements by City, Developer shall file with the Recorder's Office of the County of Los Angeles a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefore. If Tract No. 54057-15 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 hnprovements. 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 perfonnance 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 ORAN GE\MMARUNEZ0 3457. 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 Securit . 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 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 seq. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Five Hundred Seventy -Eight Thousand Five Hundred Thirty Five Dollars ($578,535.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 54057-15, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel/Tract No. 54057-15. 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 Five Hundred Seventy -Eight Thousand Five Hundred Thirty Five Dollars ($578,535.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Re uiremerits. 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 ORANGEWMARTMEZ133457. ] 8 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 Secwxty. Evidence of the Security shall be provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 54057-15 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash, a letter of credit or other reasonably acceptable security with City in the amount of Thirteen Thousand Eight Hundred Dollars ($13,800.00), 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 deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 54057-15. 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 se 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, attorney's fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all' legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the ORANGEWMARTINEZ03457.1 9 negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types: Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with Iimits 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 ORANGENMARTMEZ03457. ] 10 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. 54057-15, 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. ORAN GE\MMARTIN EZ\3 3457. 1 1 1 20.2 Cooperation, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Azusa P.O. Box 1395 213 E. Foothill Blvd. Azusa. Ca. 91702 Attn: City Manager DEVELOPER: Rosedale Land Partners 11 LLC 23 Corporate Plaza Drive Suite 246 Newport Beach. CA 92660 Attn: Dan O'Bannon Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by ]messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such ORANGE\MM ART1N EZ\3 345 7 112 attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. ORANGENMARTNEZU 3457. 113 ,1) CITY OF AZUSA ROSEDALE LAND PARTNERS II, LLC a Delaware limited liability company By: CDG ROSEDALE INVESTMENT, LLC A Delaware limited liability company Its Administrative Member By. ! By. Lam- signature} ig»aturej rI _ Ick @a�i��6 C_e1:5/SS (print name) City Manager City of Azusa ATTEST: By. By: j% iature) , ""�� �,st•r+P.tb. cif; (print name) (print name) -riffs 6rA2V--.J-T' (title) (signature) 1@^w:ty— 600Au� (print name) City Clerk C*. —O City of Azusa (title) 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. ORAN GEWMARUNEZU 3457, 114 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L05..h I,� On 1j" ,e,_ 3 ga l q before me, V • 14 e,/n-c(,vL A e -'L Date I Here Inserthiarrte and Title of the Officer personally appeared CIVIL CODE § 1189 Name(sT o1 Signegsj who proved to me on the basis of satisfactory evidence to be the person(s) whose name*) is/ate subscribed to the within instrument and acknowledged to me that he/sha4hey executed the same in his/h@n4heir authorized capacity(, and that by his/h@rAheifsignaturekst on the instrument the J. V. HERNANDEZ person(s), or the entity upon behalf of which the Commission # 1998874 1� person(a)- acted, executed the instrument. Z Notary Public - Ca;ifornia 4 Z Los Angeles County I certify under PENALTY OF PERJURY under the My Comm. Expires Nov 22, 2016 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: - Place Notary Seal Above Signature of Nnlary Public ®PTI®119AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rC f fee& OtTiprdoymbet ' nr '1110 D� r Document Date: _�40_rclk 3. IOIL/ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: -36 �61&jdDA�� Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L�Other: .[ AV Signer Is Representing: ❑ Corporate Officer — Title(s). ❑ Individual ❑ Partner — ❑ Limited ❑ Gen ❑ Attorney in F/rvator 1:1 Trustee 11 Guardian or C ❑ Other: Signer Is,kepresenting: © 2010 National Notary Association • NationalNotary,org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: -- Individual(s) Corporate Officer(s) Partner(s) — Attorney -in -Fact — Trustee(s) Subscribing Witness — Guardian/Conservator nrher SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTM(IES) STATE OF CALIFORNIA } } COUNTY OF } On OR — proved to me on the basis of satis subscribed to the within instrument and in his/her/their authorized capacity(ies the person(s), or the entity upon bei a f WITNESS my hand and officjaf seal. Signature of ORAN GMM MARTMEZ03457. 115 2014, before me, the undersr"=lie,! notary public, personally appeared personally known to me factory -evidence to be the person(s) whose name(s) is/are acobwledged to me that he/she/they executed the same nd that by his/her/their signature(s) on the instrument of which the person(s) acted, executed the instrument. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE CIVIL CODE § 1189 On �- S before me, PATRICIA AIMIS HANSON, NOTARY PUBLIC, , Date Here Insert Name and Title of the Officer personally appeared Namp{s} pf S"syner{sl PATRICIA Al EXiS HANSON Commission # 1888030 Z4-T-o Notary Public - California Orange County n My Comm. Expires May 2, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose namely) is/are subscribed to the within instrument and acknowledged to me that he/sFey executed the same in hisfherftheir authorized capacity(i m), and that by hisfher heir- signature(c) on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above $ignmure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �p Title or Type of Document: ,41 Document Date: �I G� I� _, Del Number of Pages: O�'5 jq-a—, Signer,-tC-V_ n dj ! e d� Signer(s) Other Than Named Above: � Capacity(les) Claimed by Signer(s) . Signer's Name: C .I�Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: . ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Re r sntin p� b �� Signer Is Representing: 9 A 9� J�—fit --- _ 9 p 9 c� © 2012 National Notary Association • NalionalNatarv.ora • 1 -800 -US NOTARY (1-800-876-6R. 71 Item #.5307 CAPACITY CLAIMED BY SIGNER: — Individual(s) — Corporate Officer(s) Partner(s) Attorney -in -Fact -- Trustee(s) Subscribing Witness — Guardian/Conseryator Other SIGNER IS REPRESENTING: NAME OF PERSON (S) OR ENTITY(IES) STATE OF CALIFORNIA } } COUNTY OF } On r 201 before me, t Undersigned notary public, personally appeared personally known to me OR — proved to me on the basis of lsfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrui t and acknowledged to me that he/she/they executed the same in his/her/their authorized c acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en r upon behalf of which the person(s) acted, executed the instrument. WITNESS my ijArd and official seal. ignat* of Notary ORANGE\M MARTINEZ\33457. 116 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE CIVIL CODE § 1189 On ' t L- S before me, PATRICIA ALEXIS HANSON,, NOTARY PUBLIC, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) PATRICIA Ai ExlS HA SON f Commission # 1888030 a .r� �w. y�. Notary Public -California r Z ` Orange County b My Comm. Expires May 2, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name*) is/aFe subscribed to the within instrument and acknowledged to me that he/aheAhep executed the same in hisftr/their authorized capacity(iIim), and that by hisftterftht-ir signature*) on the instrument the person, or the entity upon behalf of which the person" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature' rae_1 � Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ACS9&-:7Z-Afen.1; 12) a��>U� G�- U r+✓ �'r'-y ral = xficr sw 5ya -1.5 Document Date: 1(mer-? lk- f� AC)/- umber of Pages: S- JZ �__ Signer(s) Other Than Named Above: Ae & /I rm e? f -_S Capacity(ies) Claimed by Signer(s) Signer's Name: L 4y i� • 7, �" i- Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: - ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Repro enting: Signer Is Representing. 0 2012 National Notary Association • NationalNotary-org 0 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 54057-15 A PORTION OF LOT 27 OF TRACT NO. 062150, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1311, PAGES 28 THROUGH 50, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ORANGE\MMARTINEZ\33457. ] 17 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 54057-15 ORANGEWMARUNEZ03457. ] 1 8 I raft 54067.16 Rosedale Total L"l LULS, Bond Svests Ouaafts Prke Ettmo e AC 1074 $ 65.00 Tons $ 517,8]4.00 Base IM $ 40.00 Tang $ 64,OO DID C&G M97 $ 2S.j0 LF $ 67,425.00 Wool UjhAl 12 $1,500,00 EACH $ 1$,000.03 Cocrate Pavwarit 6m $ 5.00 BQ FT $ 31,304 OD Curt)Mirriou 4 $1960tt.t><7 each $ 6,000.00 3.50 ag it S 31,6ti3,00 Mise lams 6'A $ 13,907-130 blal $278,156.00 $42,005,90 Norm Drakim t8" ROP 176 $ 50.00 f $ 10,$24,W 24"R -CP 532 $ 02.QA S 43,824,00 30+ RCP 63 $ 110.[T9 i $ B �3!4,0fk 69' RCP $ 14000 II $ 42" RCP $ 156,00 0 $ r4" RCP $ 2:9c uu If $ 90` RCP $ 30t'.00 R $ - Otw RCP $ 320.00 If $ _ Mantok's 3 $3;00014 eeoh 3 9,0 .00 jumt&)31 km 4 $1,000,00 ogth 3 4,aca.00 COCA 988ft 7 $3,500.00 each S 24„4,00 Catch BeRWWgratex $4,000.00 each $ Mlgt Items 5 , $ 4,918.90 3 �;37e.ola $143.!65,90 Sows rs 8" VCP 1240 $ 57.00 If $ 71,193.06 10" VCP $ 61,00 a 3 }9(iUN 36 $1,003,00 each $ 36,000,00 12" VCP $ 70.00 E $ - Manholes 9 $3,040.00 each $ 27,000.00 misc rramx 596 $ 6,709.65 $134,793,00 $140,902.96 Water V' DIP 13155 $ 43000 If $ 58.545.00 12' DIP $ 60.00 0 $ 16' DIP $ 70.00 6 S 12'valm $3,000-00 each $ - 8, Vavea 6 $ 3.000.00 each $ 10.0?7.00 Thruut Blot*, 6 31,000.07 each 3 6,0iN01,04 Fire 14y0.rtnl$ 4 $ 2,000,00 each $ 6,000,00 Mix Gams 590 $ 4,427.25 $ 66,545,40 S 94972.25 Greed Total e41 $ 525,94080 Conliwey S 52,594.08 Bondernount $ 978,536 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 54057-15 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: $ 578,535.00 Surety: Attorney-in-fact: Address: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 578,535.00 Surety: Attorney-in-fact: Address: CASH MONUMENT SECURITY: $ 13 800.00 Amount deposited per Cash Receipt No. Date: ORANGEWMARTINEZ03457. ] 20 BOND NO. PB03010401336 INITIAL PREMIUM: _$11.571 1 TwaQ Years SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP NO. 54057-15 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Rosedale Land Partners II, LLC WHEREAS the City of Azusa, California ("City") and ("Principal'), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, stone drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-15 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , 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 ($578.535.00-------------- ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. ***Five Hundred Seventy -Eight Thousand Five Hundred Thirty -Five and no/100 Dollars*** THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement 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, 0RANGE%Vv1ARnNEZ\33457. 121 Performance Bond No. P1303010401336 Page Two (2) employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount 17 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 seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California this 13th day of May , 2014 Rosedale Land Partners .I1,, LLC Philadelphia Indemnity jnsur ce Company Principal M1►i�L+lrf !�- suety r By. LLliy`�6O B . President Attorney -in- act _4k0 11rVT P�r.t�5 d ina Monroe (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGEWMARTINEZ\33457. 122 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of . (_),ew" C,,�' .................. . On lq(�y before me,' — gjg � �,T1 � Y I OAA C-- , Dae le / Here Insert Name and Title of the Officer personally appeared _ l cs 12 44 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name.( is/arc, subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hislherltheir authorized capacity(jes), and that by his/hsrAh 'r signature(4 on the instrument the persoror the entity upon behalf of which the person(s)�acteci, executed the instrument. PATRICIA ALEXIS HANSON I certify under PENALTY OF PERJURY under the Commission # 2063319 laws of the State of California that the foregoing Notary Public - California n g g Orap County paragraph is true and correct. Com. E ires May 2, 2018 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): _..._ ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Q 2012 National Notary Association • NationalNotary.org • 1 -860 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County 04 Orange On MAY 13 1 14 babe me Brianne Davis, Notary Public Nia k,va invert d i&A (,:um persr.-rialtyrappeared Janina Monroe __ BRIANNE ®AVIS Commission No. 2017152 z Z =� G � �= NOTARY PUBLIC -CALIFORNIA r ORANGE COUNTY My Comm Expires APRIL 1. 2017 ri W w S " I A ;#oa who proved to me on the basis Df satisfactory evidence tr be the person(X., whose narneN: isi>x Gubscribed to ttie within inatfurnerst and acknuMat ed to ma thatx*) iiia=Xw executed Che same in er, ,3utholizedcapacityM- -. and that by XX nerfx0x signature(X l on the instrumerii life ptlman�X ). or Me erg tityr upon behaIr of whleh the pumonN) acied, executed the instfument, t ceirtity under PENALTY OF PEFIJURY urvJer the laws of the State of Cal fvfnia that the foregoing paragraph is vue and correct Witness mfr hand and cfficiaf sal: Signature spa ei�rw �° rry rusk Brianne Davis OP77ONA L Though the Wort adon be0w is not reguked by h w, if may prove vol-yiWo rap>rrsoos retying on the dournew anon couldprewnf fraudul'eraf removal PRd rea.1Whme,nt ;?f rWs ,Form to ano ter Mcumen t, Descripitio'n cit Attached Document Tithe or Type of Documen Document Date; Signer(s) Other Than Named Above: Oapacltyjies) Claimed by Signcr(3) Signers Name, ❑ fndividiial ❑ Corporate Officer — Title(s). ❑ PBriner— -❑Limited❑General ❑ Attorney in FaO ❑ Truatse ❑ Guardian or Ionwrvatolr �7�,pof�htra ❑ Other! Signer Is Hepreiaentingl Nu mbl, r of Mages: Signer'"s Nlrame- ❑ Individual ❑ CorporateL1 Partner Partner -- ❑ Limited ❑ Genera ❑ Aftfney in Fac` ❑ TruSle-:* ❑ Guardian nr Conservator ❑ Other_ Signer Is Representing Top of tl;armb Dere D 2'�G'F N.73L'hFi p�dU F ��l/}�7a �� Q% a:lD Rir,„ P.i� 3Uk �+ r�o':;nxN Iii. ra.�t313 2AR2 • uwN.s�7faarelFda',a�.as� -rpm ��tk❑ T215strtrs ��r t-�Ftrr 1 Fllfl•7'TFiRAT� 1237 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 Attomey(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 $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T1 DAY OF FEBRUARY 2013. a• "rNr, (Seal) •ir•ya.� �����u�Na��� e,4__, o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'h 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. CIDORQriIRMIM51ILVANIA IVDTARIAL5EAL DA4 aLE POFATH, klawy Pu ft Lawes MedoaTvi., lknlgv Cdr Cvaattleaion I,Iarch 201 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA March 22- 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power ofAttorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ll V y ry p In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day ofNA 1 1 :] kJ � . 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary ;° r•'• +? PHILADELPHIA INDEMNITY INSURANCE COMPANY .may, �}•. _� �"i�` �,' BOND NO. PB03010401336 INITIAL PREMIUM: Premium is included in Performance Bond SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and Wisteria Rosedale, LP ("Principal"), have executed an agreement for work consisting of, but not limited to, the funlishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-15 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. Philadelphia Indemnity Insurance Company NOW, THEREFORE, Principal and (`Surety"), a corporation organized and existing under the laws of the State of Pennsylvania and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of *** _ DOLLARS, ORANGE\MMARTTNEZl33457. 123 ***Five Hundred Seventy -Eight Thousand Five Hundred Thirty -Five and no/100*** Payment Bond No. PB03010401336 Page Two (2) �. ($ 578,535.00----- ], said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF 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 kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et sec . of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 0RANGEVWViARTTNEZ\33457. 124 Payment Bond No. PB03010401336 Page Three (3) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California this 13th day of May , 2014 Rosedale Land Partners II, LLC Philadelphia Indemnity Insurance Company Principal By: _ �_ !`fit-� Bv: Presi ent (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGEWRAARTTNED33457. 125 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 On I 04 before me, - �S cl� hft4 'I /,�j!a.� , Da 2 were Insert Namd and Title orthe Officer personally appeared Name(s) of Signer(s) PATRICIA ALEXIS NSON is Commission #t 2063319 Z Notary Public - California a Orange County Comm LxWes Ma 2.201 who proved to me on the basis of satisfactory evidence to be the personKwhose name(s) Ware - subscribed to the within instrument and acknowledged to me that he/she, -hay executed the same in his/hef4heir authorized capacity#es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person,W acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: _. ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name- _ ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2012 National Notary Association • NationalNotarvoro • 1 -800 -OS NOTARY (1-800-87(3-(3827) Itam #.,i..gn7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA aunty of Orange _ On MAY 13 2014 L-cftVe me Brianne Davis, Notary Public [lain H 1APArtraasrmAftd'i'iiry&rlIkmi,mow F.�ers," 0y aWeared Janina Monroe Fteir'C.;3J 0! Asa;' ter. HeBRIANNE DAMS Z; a t Commission No. 2017152 z NOTARY PUBLIC -CALIFORNIA ' ORANGE COUNTY My Comm. Expires APRIL 1, 2017 »<.�...<......o..�.e.�..A...,., r13K* WiVJfty S66! Atm who Proved to me on the basic, of satisfalctrrry evidence h-, be the person{9; whose narne(x) isfxxx!subscribed to tie witlalr► in t+utrre It and aeltriuwle3Ci ed to trte thattZai� l wXW executed the same in ice,#,, e,rakc .W authorized capaaityb and that by W ierik� signatures'p on the instrument the parson i. or tie entity upon bahair of whictl Me perscrn(w,i acled, executed ,he =nstrurnent. I certify under PENALTY OF PERJURY under the laves of the State of California ;hat the foregoing paragraph is true and cofrect Witness eery I nd artd off idat seat, Signature �lriG1J�.�i�V1I1� SiTvAufi 01P)M&*1 rutatc: Brianne Davis Thaugh d -e in#brmadon Mow rs not requj' "by law, if may prove valuabte to per^soas re.'yinrg on the doerrm&;f ancf =0 pr:yi.xont fraudufenf rarrlovaf e.r?cfreaPe-64 ent of this form to arro,{f?er doe:ziment, aoseripflon of Attach*d Document Title or Type of Dwumient, Document Date, Signer(s) O t ter Than Named CapaciWiles) Claimed by Signoils) Signers Marne:. ❑ Individiial ❑ Corporate CAlicer — Title(s). ❑ Partner —• ❑ Limited ❑ Genera ❑ Attorney to Fac3 ❑ Truvtae ❑ [guardian ❑r Gon&ewator T�^� of If u; r,b h o r o ❑ Offier! Signer Is Rvpresendriff Nu mber of Pages. Signer's Name, ❑ Individual ❑nrarr�tetMer—Tt#G�v' ❑ Parinei — ❑ Limited ❑ Genera' ❑ Attorney in Fac4 ❑ Trust, ❑ GuaTdian or Censer ator Top �rnnb PON S-6ner Is Representing �d 2C,7 riair "S7' aiSir�� F? n1:+ErS�� LZS iII}:M4. P.C. �Y/� { f CA1 N�IC4 se_ �t131� 3#��[=wr �.p sl2rt]�r�ra�.r >'i±m 3�An Peng CAN r-t,Frrw� l Wi ttafr77 1238 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 $25,000,000.00 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seat shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. I'llr7H'7r Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary Y L PHILADELPHIA INDEMNITY INSURANCE COMPANY 6 i . ....... (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7°i 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 lie 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, EKMV NOTAMAL SEAL DANIPRLEPORATH, Notary PulAr L0wer>le1wTw ., WRt9W Caf sial 6'lN%h2420 Notary Public: residing at: (Notary Seal) My commission expires: BaIA C'VIt,,Vvd_PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power ofAttorney as President, was on the date of execution of the attached Power ofAttorney 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 this day of WA ` 13 2014 .20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary Y L PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No. P1303010401337 Premium $276 / Two (2) Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Rosedale Land Partners II. LLC, Subdivider, as Principal, and Philadelphia Indemnity insurance Company, a Corporation, as Surety, are hereby jointly and severally bound to pay to the City of Azusa_ California in the sum of Thirteen Thousand Eight Hundred and no/100 Dollars ($13.800.00). The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of Qy of Azusa Tract No. 054057-15, entered into an agreement with said City, to set Survey Monuments in said tract and to pay the engineer or surveyor performing the work, in full within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or any extension of said term that may be granted by the Council of the Cily of Azusa, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. SIGNED and SEALED this 13th day of May, 2014. Rosedale Land Partners II, LLC., PN1adqra Ind emni . Insurance Company BY: Ow- 414,ow--• Monroe, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of�. On J. / �-� D( before me, Ofd y GL F Date I Here Insert Name and Title of the Officer personally appearedf/5� Name(s) of Signer(s) PATIMClA ALE/ OS "/illi ld lLea Corrguission # 2063319 x Darr Pubk - CalillOff" m 018098 County yj Conlrn. E res MIX 2.20189 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persor)k<whose name,( is/amr subscribed to the within instrument and acknowledged to me that he/sbeA-hey executed the same in his/herftheir authorized capacity(4c*, and that by his/her-Aheir signatures} on the instrument the person.(s)'; or the entity upon behalf of which the personcted, 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:�J��+e�C.n� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ......... Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2012 National Notary Association • NationalNotarv_orn • 1-R00-11.4 NOTARY (1-Rnn-R7(3-f3R97) /tam #.59n7 CAL:IFORN]A ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIAN County 0i Orange On MAY 1 3 2014 Win Wore me, Brianne Davis, Notary Public igw-A f nw,r It NAinu wki Iii& a Irw {Ayirsv personafyappeared Janina Monroe 0IS"rT,s; ERIANNE DAVIS PW* Nkiwy S@dlAl wo why proven to me on ifie basis" of satis lm evidence tr. be the persof% whose narne(w! Jslmo4 subscribed to inn within instrument and ackmAvIedged to ma thatkvilea executed the same in X l°erAOW :authorized capacityUx-) i. and that by signature�k';+ on the instrument We parson�A), or the entity upon hehait of whlc,h the parsfino o. acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the Mato of California ;hat the. foregoing paragraph Is true and cofrect Witness my hand and olticiall seal, Signature_ 5i; gRTUP6 b'r4-M.7 P7 jbk°' Brianne Davis Off` T101VA L Though the intofmatiorr be?.ow rs fiat required by faw A may prove valuabfe to peraons relying an the d=meni anor could prewnf fraLedo (ent F1E'riroval rir?rf mkqttachrriar t of lhr s form to a roMer OcumerrL Description of Attached Document Title or Type of Document_ Document Dater, Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner>isj Signers Name, ❑ Individnal ❑ Corporate Officer—T'tle(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Mornay In Fant ❑ Truster ❑ Guardian or onservator �7�6f �hera ❑ Offier: Signer Is Repreaentinrg Number of Pages. Signer's. Narmi ❑ Individual ❑ OpWrate0lricer—Title(s)_ ❑ Partner — ❑ Limited ❑ Generai ❑ Atborney in Fact ❑ Trost, ❑ Guardian or GanEenraGor ❑ Other: Saner Is Representing: Tc•p cd thi,mb Keera 2 Ed.'+ N i�'ti3i• K►e'1 (Yr' A.�{cidr1[S}{ * 9"GO Ck•'o3rD k?AC.� P.CI. �fii 2 � C7Y ''RXiti. G'.e.915a10 CYC `45wk. M�71hre81ri ®L9l�'. Ei� tJ?Ri Qui 7 Ri wTW CAI r-d',Frr r 1 6dIiI.R7�+A:fF ��z r Commission No. 2017152 z NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 ERIANNE DAVIS PW* Nkiwy S@dlAl wo why proven to me on ifie basis" of satis lm evidence tr. be the persof% whose narne(w! Jslmo4 subscribed to inn within instrument and ackmAvIedged to ma thatkvilea executed the same in X l°erAOW :authorized capacityUx-) i. and that by signature�k';+ on the instrument We parson�A), or the entity upon hehait of whlc,h the parsfino o. acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the Mato of California ;hat the. foregoing paragraph Is true and cofrect Witness my hand and olticiall seal, Signature_ 5i; gRTUP6 b'r4-M.7 P7 jbk°' Brianne Davis Off` T101VA L Though the intofmatiorr be?.ow rs fiat required by faw A may prove valuabfe to peraons relying an the d=meni anor could prewnf fraLedo (ent F1E'riroval rir?rf mkqttachrriar t of lhr s form to a roMer OcumerrL Description of Attached Document Title or Type of Document_ Document Dater, Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner>isj Signers Name, ❑ Individnal ❑ Corporate Officer—T'tle(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Mornay In Fant ❑ Truster ❑ Guardian or onservator �7�6f �hera ❑ Offier: Signer Is Repreaentinrg Number of Pages. Signer's. Narmi ❑ Individual ❑ OpWrate0lricer—Title(s)_ ❑ Partner — ❑ Limited ❑ Generai ❑ Atborney in Fact ❑ Trost, ❑ Guardian or GanEenraGor ❑ Other: Saner Is Representing: Tc•p cd thi,mb Keera 2 Ed.'+ N i�'ti3i• K►e'1 (Yr' A.�{cidr1[S}{ * 9"GO Ck•'o3rD k?AC.� P.CI. �fii 2 � C7Y ''RXiti. G'.e.915a10 CYC `45wk. M�71hre81ri ®L9l�'. Ei� tJ?Ri Qui 7 Ri wTW CAI r-d',Frr r 1 6dIiI.R7�+A:fF 1239 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 S25,M,000,110 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, 201 L RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED:. That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T DAY OF FEBRUARY 2013. n• u'ii t r •'•��a . .... 'rrsy7'4 (Seal) "•" Robert D. O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7" day of February 2013, before me carne 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, c mmo:rw�lu. FZNN3VL.v NDTAMALSEAL DANIELLE PORATH, IlotaryPOO LowerllarioRT ..rdardg tau Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd_ PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that 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, 2 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAY 13 2014 _20 ,•'';�tiRE , t4's �� �•�"� sr � � � Craig P. Keller, Executive Vice President, Chief Financial Officer &Secretaryy ; - +.• x = PHILADELPHIA INDEMNITY INSURANCE COMPANY .n 7 9�� • • h= This page is part of your document - DO NOT DISCARD =t� of jos *tics* 20140599146 IIIIIIIII lllllllllllllllllllllllllllllllllllllllllilllllllllllll + } } � Recorded/Filed in Official Records k Recorder's Office, Los Angeles County, _ California X ��ltrFal<�'t" 06/10/14 AT 11:28AM FEES: TAXES: OTHER: PAID: LEADSHEET 1111111111191�IIIVIIII�I�VII�IIII�I�IIVNI�IIIIIVIIInlllllllllllll 201406102880099 00009261014 I�NI@YIIMYIMUMnI 006228614 SEQ: 02 DAR Mail (Hard CopyTHIS FORM IS NOT TO BE DUPLICATED ) E49M7R P0940 0.00 0.00 0.00 0.00 RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 't4�tdc}u�J'�4s�� SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) Agreement for Completion of Public Improvements, Tract No. 54057-17 between the City of Azusa and Rosedale Land Partners II, LLC 6 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF AZUSA 213 E. Foothill Boulevard PO Box 1395 Azusa, CA 91702-1395 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exelnpi_frow_mnw!"R fee per Gvvenimeni Cade Secrion 6103 CITY OF AZUSA, CALIFORNIA 6W P-14--0777-7- AGREEMENT AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 54057-17 between CITY OF AZUSA a California municipal corporation and ROSEDALE LAND PARTNERS II, LLC a Delaware limited liability company ORANGE\MMARTINEZ\33457.1 03-04-14 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 54057-17 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 4t" day of March, 2014 by and between the City of Azusa, a California municipal corporation ("City") and Rosedale Land Partners Il, LLC, a Delaware limited liability company with its principal office located at 23 Corporate Plaza Drive, Suite 246, Newport Beach, CA 92660 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. Developer has heretofore submitted to City an application for approval of a tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"), and which is identified in City records Tract Map No. 54057-17. B. Developer's application for a tentative tract map for Tentative Tract No. 54057 was conditionally approved by the City Council on February 3, 2003. C. Developer has not completed all of the work or made all of the public improvements required by Chapter 66, Article V of the Azusa Municipal Code, the Subdivision Map Act (Government Code sections 66410 et seq.), the conditions of approval for Tract No. 54057-17 or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section 66-4650) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 54057-17. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 54057-17. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City ("City Council") approves the final map for Tract No. 54057-17 and (d) Developer records the final map for Tract No. 54057-17 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 ORAN GE\MMARTINEZ\33457. 12 need. of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 54057-17. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Parcel/Tract No. 54057-17, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 54057-17 ("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 Ouality of Work-, Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other ORANGE\MMARTIN EZ\33457. 13 ;,7 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 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. ORANGEWMARTINEZ03457. 14 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No. 54057-17. 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 sem. 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. 54057- 17 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sec . of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 54057-17 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 Char es. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and ORANGE\MMARTINEZ\33457. 15 any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 54057-17. 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 Remed • 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. ORAN GE\MMARTINEZ\33457. 16 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements, As -Built or Record 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. 54057-17 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. ] 7 under this section shall survive the expiration or termination of this Agreement. In addition, nothing contained herein shall impose upon Developer additional maintenance obligations for any Public Improvements that are repaired, replaced or reconstructed once these are accepted by City. 13.0 Security, Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et 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 se . 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 Three Hundred Sixty -Three Thousand Five Hundred Twenty -Nine Dollars ($363,529.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 54057-17, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel/Tract No. 54057-17. 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 Three Hundred Sixty -Three Thousand Five Hundred Twenty -Nine Dollars ($363,529.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A: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\MMART W EZ\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. 54057-17 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash, a letter of credit or other reasonably acceptable security with City in the amount of Seven Thousand Dollars ($7,000.00), 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 deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 54057-17. 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 sec . 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, attorney's 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 ORANGE\MMARTINEZ\33457.1 9 negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Tunes; 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 ORANGE\MMARTINEZ\33457. 110 contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance, Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates;_ Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term, Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City. 17.7 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. 54057-17, 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. 1 1 1 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References, Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Azusa P.O. Box 1395 213 E. Foothill Blvd, Azusa, Ca. 91702 Attn: City Manager DEVELOPER: Rosedale Land Partners II, LLC 23 Corporate ate Plaza Drive Smite 246 Newport Beach, CA 92660 Attn: Dan O'Bannon Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment,• Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such ORANGE\MMARTINEZ\33457. ] 12 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 party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity. Severability_. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Coun=arts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. ORAN GE\MMARTINEZ\33457. 113 CITY OF AZUSA ROSEDALE LAND PARTNERS II, LLC a Delaware limited liability company By: By:�`� r By: ,—(signature) (print name) City Manager City of Azusa ATTEST: By: n r nature) e vre L i --re KCe-CG f rif r r print name) City Clerk City of Azusa QL�� CDG ROSEDALE INVESTMENT, LLC A Delaware limited liability company Its Administrative Member (signature) (PzCname) (title) By:g 1211---'(s1gnature) ctbetsmf-dw— (print name) PAvS a 0-v-j7— (title) DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. ORANGE\MMARTINEZ\33457. 1 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 1,e. On_�4+4e ;�p l before me, J, eL4,ij •eZ , ateHere Insert Name and Title of the Officer personally appeared -wt e5 lc �.S ktc k_0 Name(a) of Signer(s) J. V. HERNANDEZ Commission # 1996874 z : W Notary Public - Ca;itornia zD Los Angeles County MV Comm. rynitss Nov 22, 2016 J. V. HERNANDEZ l Commission # 1998874 Notary Public - Ca;ifornia z -'► :� Los Angeles County �'- Nly Comm. Frpires Nov 22, 2016 M Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name* is/are subscribed to the within instrument and acknowledged to me that he/sfey executed the same in his/he;t#eir authorized capacity(ies•), and that by his/her Choir signature(e) on the instrument the person(, or the entity upon behalf of which the person(,-,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL S gnalure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ��7] 41111 _ ",,b •�Io Title or Type of Document: IfPI ebd _rIgig T7nyt CFS"S aMi A -i 1+ �� �� 7 Document Date: _ __ ck-rek 3a 0t01 Number of Pages: 3 7 _ci Signer(s) Other Than Named Above Capacity4m) Claimed by Signer(s)— Signer's Name: IL kyte s G). I�+ILz�SIRLc � � Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: t7lu_ L7�'1 j s . Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cd ervator ❑ Other: Signer Is RIGHT THUMBPRINT OF SIGNER of thumb here © 2010 National Notary Association • National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: — Individual(s) Corporate ..... Officer(s) — Partner(s) — Attorney -in -Fact — Trustee(s) — Subscribing Witness — Guardian/Conservator - nth— SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA } } COUNTY OF } On OR -- proved to me on the basis of subscribed to the within instrument in his/her/their authorized capacity( the person(s), or the entity upg"el WITNESS my hand an"fficial seal. Signature of ORANGE\MMARTINEZ\33457. 115 24; before me, thy. ndersigned notary public, personally appeared -�- personally known to me story evidence to be the person(s) whose name(s) is/are ss,e 5 acknowledged to me that he/she/they executed the same ), and that by his/her/their signature(s) on the instrument of which the person(s) acted, executed the instrument. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE OnIfi <,j`f, before me, PATGIA ALEXIS HANSON NOTARY PUBLIC Date H 're Insert Name and Title of the Officer personally appeared 7 i�� ��� �� ��� � Name(s) of Signer(s) PATRICIA Al EXIS HANSON .. Commission # 1888030 Z ;� `_q Notary Public - California Z Orange County v My Comm. Expires Ma 2.2014 N CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/aFe subscribed to the within instrument and acknowledged to me that he/*ie#f ey executed the same in his7berf ,h 6r authorized capacity(i m), and that by hisfhrerflhleir- signature*) on the instrument the person, or the entity upon behalf of which the person" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above $6gnaltore of Notary "Ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document } � Title or Type of Document: G7 1x E�RI�= N Lb9h- =,noy i) is !IMI -1 (_ j Document Date: /('j ,�Lii :�AnNumber of Pages:- o?S IL LK �GULrcl�L to JU Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I Signer's Name: iNrCorporate Officer — Title(s): Oi��c_) ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: . _.., ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U 2012 National Notary Association • NationalNotary-org 0 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate- Officer(s). — Partner(s) Attomey-in-Fact — Trustee(s) — Subscribing Witness — Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA } } COUNTY OF } On OR — proved to me on the basis of sate subscribed to the within instrument an in his/her/their authorized capacity(i the person(s), or the entity upon def alf WITNESS my hand and affkcial seal. Signature of ORANGE\MMARTINEZ\33457. 1 16 2014, belts me, the untl gigned notary public, personally appeared personally known to me sfact evidence to be the person(s) whose name(s) is/are sd nowledged to me that he/she/they executed the same and that by his/her/their signature(s) on the instrument of which the person(s) acted, executed the instrument. 110 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE CAVIL CODE § 1188 On .!,_'I,I-_ ,..:;.,:!,/ before me, PATRICIA ALEXIS HANSON,_-NOTARY PUBLIC, L) at, %% Here Insert Name and Title of the Officer personally appeared T Namets) of Signer(s) — PATRICIAcomms commission SKIS HANSO888030 1 Commissiaa # 18$8034 Notary Public • California z Orange County r My Comm. Expires May 2, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(c) is/ar-e subscribed to the within instrument and acknowledged to me that he/*i&*t@y executed the same in hisfiterfte'ir authorized capacity(i m), and that by hisftterf heir- signatures) on the instrument the person, or the entity upon behalf of which the persor>M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:AC Aj!}�- =4�_ AU i . rl �y�; ti D; e1164-1 L%' A4G Document Date: Number f Pa es: c�5� Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) x' Signer's Name:�S A' Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signers Representing: �� a c � r_ L4^12) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2012 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 54057-17 LOT 36 OF TRACT NO. 062150, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1311, PAGES 28 THROUGH 50, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ORANGE\MMAR TINEZ\33457. 117 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 54057-17 ORANGE\MMARTINEZ\33457. 118 m JAN -D&-2007 MON 1t,106 M W,Ider.. a Assaclaias FAX K0, 4l� 800 WO P, 03 ORANGE\MMARTINEZ\33457. 1 19 7 re e194[th7� Revr�:lal e -row tdnll unas 61*0 Stmets Ouelllltas Pace 651JO l# AC 751 $ fs ou Tcna 6 ab,30S,00 Etre 113$ $ 40.00 Tonr, $ 45,9,80.9D C&O 171A 5 25.0:1 tf $ 42,00.00 5lraet UghL3 7 3 1,600.00 EACH $ 1Dg0.00 CO.W61.0 Pavement -%03 S 3.011 SO rT $ ig�m.00 Curt: Romps 2 S 1,13DOX0 aach 3,0iJ0,r Sidewalk 4t 5 S.9A rrq it 16,443.00 Mlsc h ms 1 fYh $ 19,B59.22 tDW $ -199,56222 $term tbnalria If 113" ROP 1 6 68,01 If 6 WOO 24"RCP 234 0 52m H 6 19095.00 39" np 5 110.00 14 36' RGP S 944.00 # $ 42' RCF" $ 158.00 it $ W ACM S 250.00 if $ 80` RCP F 3D0.00 if 9 Q1hsr RCP 5 32.0.00 If $ MWOK lei 1 5 3,O00A0 each i 3.000,00 JLWH t'lon Wkl4llim 5 1,000.00 ancn each aeons 2 3 3.6=00 emich $ 7,000X Calrh Ws*algrabers $ 4,QM.00 each S fdlee Helms 5% $ 1,`1-'2,28 $ 30,705,29 Sewers Rotas taGemals 489 5 30.04 N 4 13,60040 S" VC,P 415 $ 67.00 IN $ 23,655-0D 1W Vcp 61.00 9 $ 12' VCP $ 70100 if $ Manholen 3 $ 3ADD.00 each $ V,cmou Lilw ite®na $ 4,165AQ — Walur r D1P ban 43,00 11 $ 35,9;BA0 11" DIP 3 60,00 9 $ 16, DIP $ 70.00 0 $ 12" VeWss $ 3.0m.00 0,77, $ _ 6'valwes a 6 3-[140,00 each $ 0,000im Thrusl Docks 6 b 1.044,00 BMW $ 6,0=00 Fka Hydrants 2 9 2,900.00 Mach $ 4,W D.OD mu Ibsms 10% $ 5,404= $ 54,w -an Ot-mi Total 004 6 SSo,4e4.40 ConUngamn S 33.048411 Bund ■mount S 363A28.93 ORANGE\MMARTINEZ\33457. 1 19 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 54057-17 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: $_363,529.00 Surety: Attorney-in-fact: Address: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $_ 363.529.00 Surety: Attorney-in-fact: Address: CASH MONUMENT SECURITY: $ 7,000.00 Amount deposited per Cash Receipt No. Date: ORANGE MMARTINEW3457. 120 BOND NO. PB03010401338 INITIAL PREMIUM: $7,271 / Two (2) Years SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP NO. 54057-17 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Rosedale Land Partners II, LLC WHEREAS the City of Azusa, California ("City") and �1+ ("Principal'), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-17 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of *** dollars ($ 363,529.00 — ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. ***Three Hundred Sixty -Three Thousand Five Hundred Twenty -Nine and no/100*** THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement 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, ORANGEW MARTINEZ33457. 121 Performance Bond No. PB03010401338 Page Two (2) employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seg. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California this 13th day of May , 2014 - Rosedale Land Partners II, LLC Philadelphia Indemnity Insurance Company Principal urety Ity. CDG U2 By: Pres ent ttorne}+-in-Fact C-HP-1511IPtid; 0.(665 anina Monroe (print name) J (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGE%WARUNEZ\33457. 122 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CAVIL CODE § 1189 County 0 �A,04X On ololq before me, --Ad iCl_�u=Y�s Gate Here InsbrfName and M 1hB 01flcst personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(B) whose name(s)'iWs/arm subscribed to the within instrument and acknowledged to me that he/sbeAhey executed the same in his eir authorized capacity(4&,+, and that by his/heritheir signaturg.() on the instrument the persooK, or the entity upon behalf of which the personWacted, executed the instrument. li MYICGIAALIFICSIIfANIMsw I certify under PENALTY OF PERJURY under the # X18 laws of the State of California that the fore oin %DWV mm - Catlilarni>f 9 g 0" cow" a paragraph is true and correct. COelln'I. as 2.2018 WITNESS my hand and official seal. r Signature: Place Notary Seal Above ftmjure of Notary Put* OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02012 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STAYS OF C,LtF41114IA C,Dun�e 01 Orange On MAY 13 2014 win bfte .me, Brianne Davis, Notary Public Harp f Heart e�m� un:i 7� r�r �t� CsIYi Chi persorivillyappeaied Janina Monroe BRIANNE ®AVIS >,.. Commission No. 2017152 z Z w. m^ NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY "• My Comm Expires APRIL 1, 2017 ...,.,.a.a �u�... rix W_"ry 9,6611W.a-,i who proved to me on the basi,5 of setisfntory evidme to be the persorwtx) whose name(k iwimsubscribed to the wvilhIn inst(urnent and ackncv1*ed to me thalticx±'silar70�x executed the same'in �Qr1•erXX* authorized capacityOft.. and that by W --,+,term signature(m, on the i nstrumertf the parsorr{x), or the entity upon beha¢f of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stat: of California that the foregoing paragraph is true and correct Fitness my hand ani off iciat seal. Signature�,�G-it�vtn� $id Y31uriY oo� hs'foy rubit Brianne Davis OPTIONAL AL Though the hitormation belaw is not required by fyw, if may prove vakrniVe to oer: oris rcJyfog cm the docament arrdcautd premnf iretrdvient rem-PYM err[t raeg4actiiment of tfirr� (orm to �,'totfiz�r t7L7curnergt Nscription of Attached Document Title orType of D' ocument: Doc+ume.nt Cate, Signer(s) Other Than named .hove: Capacity(les) Claimed by Signers) Signet's klame° ❑ IndiVidiial ❑ Cwpomie Office r—Titles) ❑ Pariner — ❑ Limited ❑ Cenerw ❑ .Attorney in Fac: ❑ Troy ❑ Cuardisn or ConEeraator ❑ Other., S4ner Is f rasendrigt ,co of tfs ;rrb horn Number of pages: Signei"s game; ❑ Indhdidual ❑rp€�retltrr — Title(s: ❑ Partner — ❑LimitedElGenerai ❑ Atbxneyr in Far-, ❑ TTUskm ❑ Guardian or Conse waker TOS] of b Dere ❑ Other_ Signer Is Representingr, �32rA7PfilA6"e7;Fi,1r���W7ii.''iS+2'!�s.'YL�oo9rDh'A➢.,P.QdLfi:�t7.'+1'1A�'MP°1R GSA''Ji�1�.'i4S1'C°k�M.��11.�9TF7PfUd!ytrFr� iY!m��il7 i�rNrrArT•1Fr�r1•Fdln•rr73�iR:r� 1240 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 S25,600-000.0 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the 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 signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. (Seal) ..4 ...O:�''�i� eo Robert D_ O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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. coMNONWEALTH OF PENNSYLMANIA HOTARIALSfAI• DANELLE PORATH, HtrtaryPiMc I.mrerl edwTw -,"0* hii�UMWAM MwMU2010-1 Notary Public: residing at: (Notary Seal) My commission expires: ala Qymjyd. PA March 22, 2016 I, Craig P, Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr„ who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, MAY 13 2014 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of -20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY :W BOND NO. PB03010401338 INITIAL PREMIUM: is included in Performance Bond SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: Rosedale Land Partners I1, LLC WHEREAS the City of Azusa, California ("City") and XVPsYeXXVXK2QQCU ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-17 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. Philadelphia Indemnity Insurance Company NOW, THEREFORE, Principal and. ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of *** DOLLARS, ORANGE%WARIINED 3 3457. 123 ***Three Hundred Sixty -Three Thousand Five Hundred Twenty -Nine and no/100** Payment Bond No. PB03010401338 Page Two (2) ($ 363,529.00---), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF 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 kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et sec . of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. ORANGE\Mv TTNEZ\33457. 124 Payment Bond No. PB03010401338 Page Three (3) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Irvine, California this 13th day of Ma , 2014 Rosedale Land Partners II, LLC rmc>� ?al c4f:'o.t✓-y,�-cam, By: n By: Pr dent IV cli-K t SAwwowt 4.tO505 (print name) Philadelphia Indemnity Insurance Company ez'rety f Aos ey-in-Fact J Ana Monroe (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGEWM,kRT WEZ\3 3 45 7. 125 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of ___ j On._ PA- IS , before me, A�mIUr�! �G�s IT��f151),t.) IV.61-l� .r 6a1e Here f arf Name and T1 Ile of the btficer personally appeared PAIR= AllEW HAtI!<0!1 CIDf;lMelaiOw 0 2063319 x mm" pubve - Camemia Z prang CwAvy my COMM. E rn MIN 212018 Name(s) who proved to me on the basis of satisfactory evidence to be the persons) whose nameK is/aye subscribed to the within instrument and acknowledged to me that he/sbeAhey executed the same in his/her4ftir authorized capacity(4@9), and that by his/hp_Mhsir signatune.K on the instrument the persol�(s`f, or the entity upon behalf of which the personWacted, 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. /1 Signature:[ _ L� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __. Document Date: _.. _ _ _..__ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s). _...... _ ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s):.....__.._ ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2012 National Notary Association • NationalNPotary.org • 1 -866 -US NOTARY (1-800-876 6827) _.._- - - . _ - Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County int Orange On MAY 13 2014 before >7,e, Brianne Davis, Notary Public miw HovA inPAKNa-ns ar iTrik,d"Mirsm perri'OnaltyappmFed Janina Monroe 01 5i^�16ai% • °: BRIANNE DAVIS u q,� Commission No. 2017152 z NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 PVAM NMPI Sol AIXYve who proved to me Dr1 the basil of satisfactory evidence tc be the personN.', whose name(x) i"?m,,;ubscrlti&d to to within insUtu mart and ackriuwledged to me that 7t7(I r liOr QC7[ executed the same in >i XJ-arE [ authorized cagacityWM. and that by XK.rierboft signatuae4g''+ on the IriytrumeM the patsan(6), or Iha entity upon bohalr or We hia Iho parson(X) acted, eB eauted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California ,hat ft foregoing paragraph is true and cofrect Witness my Mnd and off iciaf sial. Signature sijjWofe VWA" pubfo Brianne Davis Though ftw information below is not required by taw,, it may prove valuable to -persons relying an ft doumeni and catrfia prevent Irraudo?eor removar arch eakntrr eW of this form to armtraer document, Descriptlan tai' Attached Document Title or Type of Document - Document Dae: Signer(s) CMerThan Famed Capacity(les) Claimed by Signos) Signers Narne: ❑ Inlrlluirilrsl ❑ Sorparate Odfice r— Tide(s): ❑ PartrleT — ❑ Limited ❑ Genere' ❑ Attoriigy in Fact ❑ TTusbae ❑ Guardian or Ganwrrator ❑ Other: Sinner Is RepmEjentingc i cp of th,-17,6 hors Number of Pages: Signer's Name, ❑ lndi idual ❑ Gorpornas- Olticmr ❑ Partner — ❑ Limited ❑ Genera ❑ Atbarney in Fact ❑ Tirustc„ ❑ Guardien or. w ronservatcr ❑ Other_ Signer Is Representing. Top of 9-.umb Imre � 200i rrrliG'+» "boir�}+rrst�urs.'+�+ �:� [k 3+�In dry,, P.� �u,� :4ve � {riti::'Mp'ih Gn yi813 :44t � awa.r�ii�ruTiva>ytrx� rnm 5eR7T r>rs�swr �-�r Ti-i•Fa� 1 •FfIfI.R7i1�A?a 1241 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 S25,00D.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the. Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2011 :�,�' •f Aryl 'r �4r 4•r•r�E Ir4 . mi twn .. ii (Seal) ^,., .... Rb -J ,. 19 Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7°i day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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. weAL FENN9vLVAK[A NOTAMALSUL DANfELLE POPATH, Notary P[Mc LowarMeimTw AhnV COTMaTg6pa {+firatdl 201y Notary Public: residing at: (Notary Seal) My commission expires: A&I'A fL, Bala jmwvd, PA March 22, 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that 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, MAY 13 2014 O14 In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day of20 rG, , Craig P. Keller, Executive Vice President, Chief Financial Officer &Secretary G r.'• '='L PHILADELPHIA INDEMNITY INSURANCE COMPANY LF rf• - - -.l ,•� i Bond No. PB03010401339 Premium $1401 Two (2) Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Rosedale Land Partners II, LLC, Subdivider, as Principal, and Philadelphia Indemnity Imuranoe Company, a Corporation, as Surety, are hereby jointly and severally bound to pay to the Citv of Azusa, California in the sum of Seven Thousand and no/100 Dollars ($7.000.0.0). The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of City of Azusa Traci N.o. 054057-17, entered into an agreement with said City, to set Survey Monuments in said tract and to pay the engineer or surveyor performing the work, in full within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or any extension of said term that may be granted by the Council of the Qfty of Azusa, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. SIGNED and SEALED this 13th day of May, 2014. Rosedale Land Partners II, LLC Phi gdel Indemnity Insurance Company Monroe, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of _&1.jf-z_ On i 7,before me, �' rC /C�r� ��� flat /11� ere Insert Name and Tdlifol the olllcer personally appeared PATRiClA ALt xIS HANSON Canlrtslssion # 2063319 NoWry Pubk - Calibrnii v or"e County C,anlm. cn 2.2019 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personhose name, 4 is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/heo4heir authorized capacity(+es), and that by his/herAheir signature;(K on the instrument the persons , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:...` Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited []General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2012 National Notary Association • NationalNotarv.ora • 1 -800 -US NGTARY (1-800-876-6827) Itpm #.,i9O7 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IXWV STATE OF CALIFORNIA, County 1d Orange On MAY 13 2014 bei a tie; Brianne Davis, rotary Public r.kiie HVA 1n"rit•&M;1Mii'0iwuar f¢4ii persmvJllyappealred Janina Monroe �. SRIANNE DAMS } Commission No. 2017152 .�NOTARY PUBLIC -CALIFORNIA A�� r ORANGE COUNTY My Comm. Expires APRIL 1, 2017 rr orf &MIALP:r�,N who pmved to me on 1he basic of satisfaftry evidences tc be ihle person(x' wbose nameW Is1xwiubscribed to tyre wilhin instrument and acknowkl kd to me thratx sly xx executed the same in &i &X)W authorized capacity". and that by ft,,Ied: signature((x on the Instrument the pars3anNl, or trio entity upori behait of which the parsan�x acted, 6iec0ed ih a nstrurnent. certify under PENALTY OF PERJURY und'ef the laws of the Slate of Cal,fornia that the foregoing paragraph Is true and owrecl Witness my hand airs off idai seal. Signature `ai9wui40Nmfy rubie Brianne Davis Though Oe rrrformarion betbw is not required by faun q may prove va,luabde to pe sons relirirg on t't►te dx nene anon uld fare-maf fiteofenf removal andf reattac hment vFthis form to another Ocurnerri, Doscripti.on of Attached Document Title or Type of Dwument: Document Signer(s) 01herThan named CapaciWies) Claimed by Signer(e) finers Name, ❑ Individual ❑ Garpwata CAker ❑ Partner — ❑ Limited ❑ Genera ❑ Attorneys an Faci ❑ Twsic-e ❑ GuaTdisn or Conservator 7 ,ref ih1 r"o hors ❑ other: $finer Is Representing Number of Barges:. Signer's Fame_ ❑ Individuni ❑ Corp;m9teN-Pr—ittleis;1' ❑ Partner — ❑ Limited ❑ Genera ❑ Atfiarney in Faw^ ❑ Twstee ❑ Guardian or C nservatorr�th Isere ❑ Other -- Signer Is Representing,, 0 2€1,'7 Nrd3o'i6, CM RID AS..; F0 3ox 24CC 4 C1.7"'wiillyTi. Ca,91312 24112 ° MWN,r`b31iorafiireSly.xg rorty iFeln7 r3rnuNr C*nl Ti'i•Frr# i .glrf,Aifi-FA?7 1242 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 i 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 Attomey(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 525,000,000.00 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the 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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7r" DAY OF FEBRUARY 2013. E e (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. 0MN-9HLVAHIA NOTARI&ML pA ELLF Me6mT%pjk,idort�yPub��lu±cR��' �r�TwoMcY(3122.�J1q r� ►p Urt/""`r Notary Public: I (Notary Seal) residing at: Bala Cynwyd, PA My commission expires: March 22. 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, MAY 1 3 201]{ .6 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of . 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY X927 r APPROVED COUNCIL MEETING Date, (0 12 I 1 4- i4°F';' ._ I . i4101110- - t� cn a AZU CONSENT ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THERESA ST. PETER, INTERIM DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JUNE 2, 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 May 13, 2014 and May 27, 2014, the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF DATE RANGE/STEP BASE MO SALARY UTL Manuel Sencion Customer Service Merit Increase 5164/5 Representative II 4-15-2014 $4,564.09 UTL Melissa Barbosa Engineering Associate Merit Increase 4222/4 03-26-2014 $7,395.06 PD Steven Rodriguez Property, Evidence and Crime Merit Increase 9191/4 Scene Technician 04-11-14 $5,540.95 UTL Talika M. Graham Utilities Administrative& Merit Increase/Reg 3213/4 Financial Services Manager Appt $7,928.90 04-15-14 UTL George Rodriguez Line Mechanic Merit Increase/Reg 5218/5 Appt $8,011.23 05-18-14 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO. SALARY CD John Georgino Building Inspector 6-9-2014 4199/1 $5,147.32 PD Rubia Rivas Police Officer(Lateral) Pending 6101/5 $7,030.77 C. PROMOTION—The following promotion has 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 UTL Steven Gonzalez From: Water Distribution Worker I 04-05-2014 5178/4 To: Water Distribution Worker II $4,983.27 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. • 44. #77111W 447 -- 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,JUNE 2, 2014 213 EAST FOOTHILL BOULEVARD 6:30 Ceremonial/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 COUNCILMEMBER MAYOR PRO-TEM 6:30 P.M. 1. Call to Order 2. Roll Call CEREMONIAL: 1. No Items. CLOSED SESSION 1. Reporting of Past Closed Session Actions—Pursuant to California Government Code, Section 54957.1 06/02/2014 - 1 - • 2. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to California Go er r went Cod: Section 54957.6 City Negotiators: City Manager Makshanoff and Interim Human Resources Director St. Peters. Organizations: ACEA (Azusa City Employees Association), AMNIA (Azusa Middle Management Association), CAPP (Civilian Association of Police Personnel),Executive Management Group and Unrepresented and Part-time Employees. 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 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 on 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 THE SUCCESSOR AGENCY AND THE PUBLIC FINANCING AUTHORITY. 1. Call to Order 2. Roll Call 3. Pledge to the Flag 4. Invocation—Reverend Jesse Aramburo, from Canyon Christian Fellowship. 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. 06/02/2014 - 2 - • B. REPORTS UPDATES AND A'7:0 '"'CEMr-NTS FROM ST FF!COUYCr - 1. Designation of voting delegate and alternate to attend the League of California Cities Annual Conference, September 3-5, 2014, in Los Angeles. 2. Mayor Rocha: Request for a Proclamation for Ms. Rose Barajas for her retirement from the Azusa Unified School District, to be presented June 28, 2014. 3. Los Angeles County Fire Department "Fill the Boot" campaign. C. SCHEDULED ITEMS 1. PUBLIC HEARING — AN APPLICATION TO CONDUCT A MARATHON AND A HALF- MARATHON FOOTRACE (REVEL CANYON CITY 2014 MARATHON) THROUGH THE CITY OF AZUSA. APPLICANT: BROOKSEE, LLC. RECOMMENDED ACTION: Open the Public Hearing, receive testimony, close the Public Hearing, waive further reading, and adopt Resolution No. 14-C29 approving the REVEL Canyon City 2014 Marathon. (Environmental Assessment: The project is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) general rule that CEQA applies to only to projects which have the potential for causing a significant effect on the environment. The proposed project marathon will be conducted on existing public streets during the day without the expectation of that it will have a significant effect on the environment.) 2. PUBLIC HEARING-2014 JUSTICE ASSISTANCE GRANT APPLICATION. RECOMMENDED ACTION: Open the Public Hearing, receive testimony, close the Public Hearing and approve moving forward with the 2014 Justice Assistance Grant(JAG) application and utilize such funds to purchase a network clock,mobile radio, and radio accessories. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wishes to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 14-C30 allowing certain claims and demands and specifying the funds out of which the same are to be paid. 06/02/2014 - 3 - 2. HUMAN RESOURCES ACTIO ITi MS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules znd applicable Memorandum of Understanding(s). 3. POLICE DEPARTMENT TO TEMPORARILY EXCEED BUDGETED POSITIONS BY TWO (2) SWORN OFFICERS. RECOMMENDED ACTION: Approve the proposal to permit the Police Chief to temporarily exceed budgeted staffing in the Police Department by two (2) sworn officers, due to injuries/illness, FMLA leave, and pending retirements. 4. PROPOSAL BY SYSTEMS & SOFTWARE FOR INTEGRATION OF CUSTOMER INFORMATION SYSTEM (CIS) WITH INTERACTIVE VOICE RECORDER (IVR) SYSTEM/INCONTACT PHONE SYSTEM. RECOMMENDED ACTION: Approve the proposal by Systems & Software for services necessary to integrate Azusa Light & Water's CIS with new IVR/Phone system being deployed by inContact. 5. AZUSA UNIFIED SCHOOL DISTRICT & AZUSA POLICE DEPARTMENT SCHOOL RESOURCE OFFICER CONTRACT; JULY 1, 2014—JUNE 30, 2015. RECOMMENDED ACTION: Approve the agreement between the Azusa Unified School District, and the Azusa Police Department, for the provision of law enforcement services at a shared cost. This agreement will result in the assigning of one full-time Azusa Police Officer to the Azusa High School campus. 6. FINAL TRACT MAPS NO. 54057-15 AND NO. 54057-17, CAMELLIA. RECOMMENDED ACTIONS: 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; this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; approve Final Tract Maps Nos. 54057-15 and 54057-17 and accept the dedications as offered on the map; approve and authorize the Mayor to execute the Agreement for Completion of Public Improvements for Tract No. 54057-15 to construct the required public improvements and also accept the Faithful Performance Bond No. PB03010401336 in the amount of$578,535, the Labor and Materials Bond for $578,535, and a Monument Bond in the amount of $13,800 all 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 division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development and Irrigation Company, Hilton B. Munns and Lu Ann B. Munns, Monrovia Nursery Company, PLC Edgemont LLC, a Delaware Limited Liability Company, Southern California Gas Co., 06/02/2014 -4- • and Covina irrigation Co., and accept the map without the signatures of said easement beide:_: approve and authorize the Mayor to execute the Agreement for Completion of Public Improvements for Tract No. 54057-17 to construct the required public improvements and also accept the Faithful Performance Bond No. PB03010401338 in the amount of$363,529, the Labor and Materials Bond for $363,529, and a Monument Bond in the amount of $7,000, all as guaranteed by Philadelphia Indemnity Insurance Company; authorize the City Clerk to endorse on the face of the map the certificate that embodies the approval of said map and acceptance of dedications. 7. GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES. RECOMMENDED ACTION: Approve the General Services Agreement (GSA) between the City of Azusa and the County of Los Angeles for a five-year period, commencing July 1, 2014 through June 30, 2019. 8. FINAL TRACT MAPS NO. 54057-21 AND NO. 54057-22,AZALEA. RECOMMENDED ACTIONS: 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; this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act; approve Final Tract Maps Nos. 54057-21 and 54057-22 and accept the dedications as offered on the maps; approve and authorize the Mayor to accept the Monument Bond for Tract 54057-21 in the amount of$4,300 as guaranteed by Philadelphia Indemnity Insurance Company, to ensure the placement of monuments on the Tract Boundary; approve and authorize the Mayor to execute the Agreement for Completion of Public Improvements for Tract No. 54057-22 to construct the required public improvements and also accept the Faithful Performance Bond No. PB03010401341 in the amount of$380,168, the Labor and Materials Bond for $380,168, and the Monument Bond in the amount of$8,000, all 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 division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development and Irrigation Company, Monrovia Nursery Company, Azusa Valley Water company, and North Rosedale Community Association, a California Nonprofit Mutual Benefit Corporation, and accepts the maps without the signatures of said easement holders; authorize the City Clerk to endorse on the face of the map the certificate that embodies the approval of said map and acceptance of dedications. 9. LEGISLATIVE UPDATE. RECOMMENDED ACTION: Approve the positions recommended on the legislative update. 06/02/2014 - 5 - 10. RESOLUTION APPROVING SIDE LETTER AGREEMENT WITH THEALUS A CIVILIAN ASSOCIATION OF POLICE PERSONNEL REGARDING MODIFICATION OF THE WORT WEEK AND WORK SCHEDULE FOR POLICE DISPATCHERS. RECOMMENDED ACTION: Adopt Resolution No. 14-C31 approving a side letter agreement to the Azusa Civilian Association of Police Personnel (CAPP) Memorandum of Understanding (MOU) regarding modification of the work week and work schedule for Police Dispatchers. E. SUCCESSOR AGENCY RELATED BUSINESS. 1. No Items. F. AZUSA PUBLIC FINANCING AUTHORITY 1. No Items. G. ADJOURNMENT 1. Adjourn in memory of Mrs. Estela Contreras, life long Azusa resident. UPCOMING MEETINGS: June 16, 2014, City Council Meeting, 6:30 p.m. Closed Session/Ceremonial, 7:30 p.m. Regular Meeting; June 23, 2014, Utility Board Meeting, 6:30 p.m. Azusa Light&Water Conference Room; July 8, 2014, Tuesday, City Council Meeting, 6:30 p.m. Closed Session/Ceremonial, 7:30 p.m. Regular Meeting. 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. 06/02/2014 - 6 - •••••?4* - �' "`"'dr `'"fi xi, mo v '€ tr tiFOU ilAZUSAI DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA I c j(Ll. eti,,d :,Z1, ) ef-.TL__, declare that: I am an employee of the City of Azusa. On SI 2.'j I I I posted copies of the Agenda, as stated above for the meeting of Ca(211 4 , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the 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 on the date of posting. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. 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 forgoing is true and correct. EXECUTED 5/2/ I/ `L , at Azusa, California. —02 STAFF EMBER CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEETING Date, AZUSA CONSENT ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SAMUEL G. GONZALEZ, CHIEF OF POLICE VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JUNE 2, 2014 SUBJECT: APPROVE THE POLICE DEPARTMENT TO TEMPORARILY EXCEED BUDGETED POSITIONS BY TWO (2) SWORN OFFICERS RECOMMENDATION Due to injuries/illness, FMLA leave, and pending retirements it is recommended that the City Council approve the proposal to permit the Police Chief to temporarily exceed budgeted staffing in the Police Department by two (2) sworn officers. BACKGROUND As a result of police officer injuries/illness, FMLA leave, and two currently unfilled vacancies, the Police Department is down five (5) positions in field operations. Moreover, there are two tenured police officers retiring at the end of the year. Therefore, the Police Department wants to be proactive at ensuring that adequate staffing levels are maintained. Due to the time involved in recruitment and training, staff is requesting Council consideration to permit us to exceed our current budgeted position count by two (2) police officers. By approving staff to temporarily exceed budgeted staffing, we can get a "head start" on recruitment and hiring in order to maintain field deployment levels. FISCAL IMPACT Due to attrition of tenured personnel, there are no anticipated additional costs exceeding that provided for the fiscal year 2014-2015 budget. Prepared by: Sam Gonzalez, Chief of Police Information _ - INTEROFFICE MEMO DATE: JUNE 4, 2014 41,7 '1311.94 TO: CITY OF AZUSA /XI - MAYOR AND CITY COUNCIL MEMBERS \\t VIA: JAMES MAKSI-IANOFF, CITY MANAGER - SUSAN PARAGAS,FINANCE DIRECTOR ¶ FROM: SAM GONZALEZ, CHIEF OF POLICE --I101:1Ct RE: SCHEDULE OF FEES AND CHARGES *N. Recommendation It is respectfully recommended that the City Council approve the Police Department's proposed increase to the Driving Under the Influence (DUD impound/release fee to the median among a survey of seven (7) local police departments including the Azusa Police Department—$400. Background In reviewing the Fees and Charges Schedule for Fiscal Year 2014-2015, the Azusa Police Department compared our current Driving Under the Influence (DUI) impound/release fee with other local police departments that had such a specific fee. The chart below depicts the results of that comparison. $600 ="_-1 E Air7;t:14, "OA !Tr $500 dwIn Park - _ 111111 riddle $40011_1, --,- • 1 es Verne t25 1IIIIIIIII!1 $300 $200 IIIIIttItIII • -assissaa $100 $0 Driving Under the Influence This survey revealed five (6) other local police departments had a DUI specific impound/release fee, with the Azusa Police Department charging the least amount at $205. The Police Department has not increased the DUI impound/release fee in several years. Staff believes an increase is justified based upon these survey results and the special handling and additional processing steps required of these impounds. The median fee based on all seven (7) agencies including Azusa P.D. is $400 (95% increase) and $450 (120% increase) excluding Azusa P.D. Staff recommends increasing the DUI impound/release fee to $400. For reference, the Police Department conducts approximately 60 DUI impounds annually. Gina Miller, Administrative Services Manager Sam Gonzalez, Chief of Police • 3/30/2009 Confidential 3 INTEROFFICE MEMO DATE: JUNE 4, 2014 /0s..\\ TO: CITY OF AZUSA 1t,! MAYOR AND CITY COUNCIL MEMBERS VIA: JAMES MAKSHANOFF, CITY MANAGER SUSAN PARAGAS, FINANCE DIRECTOR FROM: SAM GONZALEZ, CHIEF OF POLICE LICS s RE: SCHEDULE OF FEES AND CHARGES RECOMMENDATION It is respectfully recommended that the City Council approve the proposed increase in bail amounts for various parking violations, to the median among a survey of nine (9) cities within the region; that approval given for a $3 Department of Motor Vehciles (DMV) fee be placed against parking citations placed on hold at the DMV; and, that the City's current delinquent charge of$13 be increased to an amount equal to the original fine amount per citation. BACKGROUND In I978, the California Municipal Courts advised they would no longer set penalty schedules for violations of municipal code parking regulations. The court placed this authority with the local governing body. On January 1, 1993, state law AB408 became effective. It decriminalized parking violations and shifted the responsibility for processing and adjudicating parking violations from the courts to municipalities. Consequently, the parking violations have been removed from the Uniform Bail and Penalty Schedules. Parking violations essentially became an administrative action managed by local governments. Currently, the Azusa Police Department is vested with the responsibility of enforcing parking laws. Between July 1, 2011, and June 30, 2013 (two previous fiscal years), the City issued and processed approximately 13,803 parking citations. Approximately $793,088.50 in fines was assessed to the violators, and approximately$562,236.00 in net fines was collected. A third party vendor, Turbo Data Systems, is responsible for the processing and collection of the fines. Staff recently conducted an assessment of nine (9) Cities located within the Area D region of Los Angeles County, in an effort to identify violations that match those typically cited by the Azusa Police Department, along with their corresponding fines. Pursuant to California Vehicle Code 40203.5 (a), this section of the Code permits local government to set the bail schedule, to the extent possible, based upon a county-wide standard. We are confident that the nine city sampling conducted as a precursor to this recommendation, is sufficient to comply with 40203.5(a). In fact, our research found that some cities increased fine amounts without having done similar comparative research. Proposed New Bail Schedule Given that the cost of law enforcement services has escalated, the proposed parking fine increases are intended to bring the City of Azusa into alignment with cities within the region. Staff has determined that the majority of the City of Azusa's current parking violation penalties surveyed are substantially below those of the cities surveyed (Exhibit A). Moreover, the City of Azusa has not increased the penalties for parking violations in many years. In fact, the most recent effort toward that end dates back to June 1, 2004, subsequent to which fines were not increased. Beyond the fact that the City's parking penalties are not up to scale with regard to comparison agencies, the increase is primarily needed to deter scofflaws as the current penalties are insufficient in motivating many drivers to obey parking regulations. Staff is recommending this increase to deter offenders, and by doing so, will capture City costs in enforcing and performing citation processing. Ultimately, these citation costs no longer reflect the costs reasonably borne by the City in enforcing parking regulations. City staff views this proposal as an opportunity to fairly and conservatively raise parking fines in an effort to pursue a higher compliance rate from violators as well as to achieve better cost recovery. The proposed Parking Violation Bail Schedule is attached and includes the current fees and the comparative fees with other jurisdictions (referenced in aforementioned Exhibit A). The proposed levies will also bring Azusa into conformity with the Vehicle Code requirement that parking bail amounts, to the extent possible, be uniform in the County in which the City is situated. Of the 60 parking violations examined (Municipal Codes and California Vehicle Codes), fifteen (15) were identified as most frequently cited by Azusa Police personnel. These fifteen (15) violations represent approximately 99% of the parking violations issued by our personnel. Among the nine cities surveyed, and isolating the most frequently cited 15 violations, Azusa's current bail amounts are less than the median in thirteen (13) of the fifteen (15). In one (1) case, Azusa's current bail amount is modestly above the median, while in the remaining violation; Azusa's bail difference is inconsequentially higher. The two violations Azusa's fine is higher than the median are as follows: • CVC 5204(a), Improper Display of tabs ($73 vs. the median of$55) • CVC 22507.8(c) (2). Parking on Crosshatch Markings (S338 vs. the median of $336) Given that the cost of law enforcement services has increased, the proposed increases are minimal and are less than the accumulated increase in the Consumer Price Index since the last time parking fines were increased. The proposed changes would maintain Azusa at or in one case, slightly above the median bail amount as compared to other cities. Since these fees are rarely adjusted, being at or slightly above the comparative median will help ensure that Azusa's parking fines align with other cities' as staff anticipates that many of these other jurisdictions will also he adjusting their parking bail schedules. DMV and Delinquent Charges The Department of Motor Vehicles charges $3 for every citation placed on hold against the vehicle's registration. Turbo Data System can apply a $3 DMV fee against citations placed on hold at the DMV, if requested. The current delinquent fee for the City of Azusa is $13 per parking citation. The delinquent fee is usually intended to encourage the violator to pay in a timely manner (within 21 days). If the fine is low (as it is for Azusa), the violator has no motivation to pay before the citation becomes delinquent. It is recommended that the violation be a higher amount. Many cities, such as Culver City, have the delinquent amount equal to the original fine amount, thus encouraging the violator to pay before the citation is delinquent. In the case of multiple violations issued on one parking citation, the delinquent fee would default to an amount equal to the highest fine issued on the citation EXHIBITS Exhibit A (attached): Surveyed Cities; Percentage Difference Comparison; Proposed Parking Violation Bail Schedule; and Percentage Increase 3 EXHIBIT A .. . . Azusa Arcadia Baldwin Claremont Covina El Monte Glendoraliwitidale '':La Verne • Wese:7 ''-:".•••••• Park Covina Section ii461''•'-;-;f7.-'-f".,,;''':- i-YZ''s':''-",;",I":'';''''":"4'"'"; l'•-•;"•:',.'""%41-..:2,:`,:.t"'";-:'•`!",:i : ''" -Ge"--"••'"1-1,-,-.:'_""'"',;:•,"4-,,•;•4'-''Z"..... .::',;,,,,:',,::::,:, Parking $38 $53 $63 $35 $45 $55 $51 $50 $48 $60 limited/restricted AMC 74--453 Improper display ,raN"rA.',•;:";'."'',;i1.,;:1,.. 1'',"q'-i'.•;'-'"I'',.'''';',':id" 7:'1,':::-4.:7:.:;3':;-,71:,:L7n',-.7,7:7l'7'',.7, 1IL S,,,,,;,:, ,175',';, 4$ 5, 51; CI . 7607-7777--fi08 Month/year tabs ' ------ [ i CVC5204 a "';',."';'-'71"11'"...7,(";.'0'":"'"',",'' li,4,""--y",,,4:1,,,,: .',' -,1 -.,,,T,,,,,w"•,..:• "--',i i' '1" ' ,,,"."". .,.Irw.,:",•:,--;""..".",""",, , , Idv,,,,,,,,,,,,,44,,,:,,,, r:Ipitwi',,,„;,:,,,.11';',1,,:„,,, ,o',,,',111,.,.*,:,,,,,,,,„;,?-.,,,,,, ,',,,,.,,'„,,,',-,;,,,, ,1:1,,, 1,,,- ' , , , , Handicap pkg $338 $353 $343 $325 $345 $290 $336 $350 $333 $400 CVC 22507.8 a 15'of fire hydrant 111 ","- ..,4,-.4,",'"•,,,ra77.--'-,.2...J,"/T-,711•7$74-,,r.„7,77:77:711$3,5 ,,:,gi,,-,,,,V1.;":1.1.-",L;t„, ","i-i.,q1,,,•.,.::$55 ,.,,',,,,,ii„,,,,,,:",ci ,, 1;',.;:tz•ijyg'''rj p.,.1$:$,,,„,,,,,!,,,.:' ,,,,,74.1140 '.,7';14.:', 'il:Ti&o,,, ,, ,-,.:_,?;',...,,_-- 77,,71,,;;,,,,,,,,,,,,,, „,,7r.,,,,•,;; ,,,,t,:k.,,,,,,, , ,,,,,; 1 9„,,, - CVC22514 '..'-'1"-""--""-4. "--1"....-' 1.,..."-,"..",r`j-,f--;`,'•."-.-"i"......",---•---,1"' - -"-, .' "„I!, :;•-• :::---_-":--",,, -,!..a''. '1,:'...,,,--i ......,..t,F:,i.''.7::::::::':.:'4,,,,:-:',:‘,'-'2:,',-..i,l,"‘ --I: ,.,' , - ,- -..,',, No front plate $38 $53 $43 $35 $45 $55 $51 $40 $48 $62 CVC 5200 Red Curb • 4‘;::.:.-.,-.":"..-;,,50.3"„:;.4";"•" '''11,7-$4,37,1",7"""," _, ,"!rjs ' .."-„g•-r-i.--,•'",i 44,),,,,,,,442.i., ,.:,::$ 7.,:il.'..i.,,,T,,,,,01,,,,,, $k:14--),,,;,,,,,:.,:,-;,-:,.,,..:,,,-$:pi,',:,,-,,-;' ' ;1141ii-r,j ''';', "I;$66:- --- AMC 74.449 1 1,;i;--•"!,"i,,,',,i,-,;,;•-","-:,,;' ,37.4',7".i?;„:"!".:04-",...„„-,'",',ir."'.:.,-,74-' ..',':" -'I I:,-." "'--311.;' ' t,,';c6-:.,--'R.-'-' .,..--...' ;;;;:T-';;',t-,';;:fili;;;,- ;;;J:1‘t;;;,1;:.',..';',;,;'..;;:;;11;, 'Fire access pkg. $63 $258 $68 $35 $70 $60 $255 $55 $63 $85 CVC 22500.1 .. Pkg.in alley :"4.7-.1.4,:i.,-",-!--"f1,-; 1 r,.;%,',:-•;,',-;:"..,'"',"."",-4".S3S •-;::',.Z.::::,:ii.:$3.5,1-f::::,-:,'',P'..:,i, -3:-',?..,".-.:`,.1-4,444.-ri-,-:, -:,-,-'gitl*41:4, ,:-,,,,..........:„. iti_-'*413,,„,- , , 1; $60 AMC74-450 11":,,,,r;MV,'"6,•,,:i•,;;"-1,":".,,""fil,":"1"1,,,,t,'"..•',"`L'""ip,",",,"'!":„'„-.."...'",'.4--,"""1:':,, A. '---'''- '',':-.-'0: -If,';';;;;;;;;;*;;;;;;;;;;;. 1;;;;'':;;;;;;P;;;,;,;;;;;:,„,.;;,,.1.,;„;;;;;:;;;;;;;;;;„,?;;,,;;',;;;;41 r 18"from curb or $38 $53 $63 $35 $45 $55 $51 $35 $48 $60 facing wrong way -AMC 74-441 No pkg.privatef7F.....:e,',..-;•",*ii- 4,4"-•::1 -7-'"-- -;i117,P6- ..,-i'i":1-;::7"J"•$Il :4.-.,,,',4::i-,...".$-- 1:,4-11 -:',"4.(..:-..:'";1 ',.--SX:. 5-',',:i:-.•'-i:.. „4"4"-,".-'''4'.":::'-'';',".,'":'1r$48-777:7"17'-i-6-- .'— '----- driveway ,:'1.-c',•,1;i4},".;.il Lt-'tqk7tft',')ARI-i CVC225,00 e _,",:-"-"-"--,'".":2' -4-r,,..-"".1',741,..,,,."'•4":""4'':""--_,..15,","•,-,- - "_1,-,:l.,r"-- ''•"-.-"J-,4.:".., d!'it...d?., Prohibited by t 38 $53 $63 $35 $45 $55 - $51 $50 $48 $60 signs/markings AMC 74-446 . ,, .:,..,,,,i,:,,,i,,,:„0,14, 4,:,.',,,,,t,-:!::,,i4,-,',,,,:,,:,:;17:4,:11!m:[::,:',,,,iii..;tlitFill. .,,,,„eit.„.,,Aii.14.:*ii;i,,,,,„,„,,,,, ,,,:,:iiii:1,,..,-,A,--,,,,:lq.4,-,k.„;',.:„:;-:,,,::,,,,,,i 4,---w;-- Over 10,000 lbs. *V14, _;.?..-',434..i,;,',1',A.;4,.•?:ki f.[11:-,,,t4g-,,i,g,,::,,,'.:-.1 '-g,gi,',:t:-' i':.,;:::,!1,:, !'''-!t'',AT7:4::'4:41.(0 d.:::','171t4'-',„Y-1'..0...40??:),,''''',;',1.1'..:,:=-').1'..!:::!' '.;:;,4:.;i4i."#'''''.i'PJ-'1?2,:li':"411:11' 1 AMC 74466 :it:ii..f., .‘1..1"-, ,.W,k3=f.‘,:,"-:" .;,';',4/;;;',4-,„:•;‘,,,,,,,i----:,.., ,,,w,',IL..-.0,-; :1rt.*004„ 1';,;.,-.-iiiPt;,,,,L,.:.0:;,'.4-41,6„,,V0,,,0 a,:,.-,.:.,Friill:iiierri"-;44.-': 4,,,.,,,,,1-,Al. ,,v,,,16,,,i ,,,,,4,....-t: '44'.:v.Y.'14'1'''A, , ''''"1 V''''-,',' '.-''"'-',' .1'1'gUI''''' ;''''''l4".',1 l'o.s;:,:egl' '1,44,,,,."-',''''Z'":4''' Pkg.on sidewalk $38 $53 $43 $35 $45 $55 $51 $50 $48 $65 CVC 22500 Pkg on crosshatch i,.•,,...,.:,,y.:,:,)...;.•*:',,,,P. '--,..., '1,"'""-,,,'").d'ol'.'7,,. ',',,W-‘7,,"4",,,,;:',1'.'"7„,-.:-,:•.S"4"-t.„„7.f.'4:•-•:'7;,A1,.'„,-ril':',',',/9p5'.7.':„L-::-.4, ..--;1_,"...?!;;A::,,,',?_-::I-.''..v,°:7;,-'isi',;,r,r,,r.r7';'' '-,' ,.,''-,:,':','.i'fr',-'iil:19s, _' cvc ;rtilf,,;'',.fi; 11104-:;;,-,,,lf,,,,-';';:,..,4;':L,',$:',e,;4:7C-:',4;701',,,,',,:', ',.1.0,1';',1,';,./rviiiir r4.,:,!,,,,,noz4,-,..:i„,,,,,,„,„..,,,w„...,,..,,,,!),,,,,I.,:izoiliilvssilm:,.,,,,.,,,,,,,,410,,,,,,,,.1.,..1,,,,,„•,:_1,,,,,,,,,k,,,,,,41,1.,,,,::„.„! :,,r,,,p,:,11,..0,10,,,,iii,,..,,,..,,,,,,,,t,,i ;i,,,,,,,,:,,,,,,„:,,,,,,,,,, ,,,:,.,,,,,, ...,4'.'..1:-.,--a",1/4.- .-."74..ilre,'Vai.,..kv.,f,"';"-•?,.v.",----,-;"':','A''''.:.-''-',":":.'.--,-.'"...-...'"'-',.-"''.•.-zft".1""•_.' ----",': *i.-31:.•,9,..?••414."'-4;-".4-.-,'-':-.-__::-:"..70,,,-;4*-_c;-;,..:;T::',::-':-.;) 'Nr'r,',-;-.:';,-'.'','F.,,,;,.c,'-,4or,)t;'':,-r!,:'-':-,;‘,4:.,,,'4,',x1.-,-'1.-7,;'-t-: ' ' '..--;; 22,507.8 c 2 ;1"-,i-,:t1.".,,,;:tillft,,,,,-,;;:pg,A,,,,,,,,,j,..;j1,,,,,,,,,,,,,,,,.::„."0..!",- ",,,.,-„,,..,,,,,,,,,„,1 ..,„"::-:::,"; .,;"-,:z.",,,lp,,.!••1,-,,,-:,qt,Zi',),,,,,,'•-. -',7,,,:,,h,g-,,,,f,,n;',,,,,;,,,,-... ..;„,,,,,;;:t!,,,r-,:1-.:;;:-. ,i,,,,,,i-,;,,lystoMa,,,;'-'i.:.,..,..--;;;;,,,kfl:„4-,::',:-:,:::;,,--1'..t,'.. .. Detached trailer $38 $103 $65 N/A $70 $100 N/A N/A $48 $65 on street AMC 74-466 B • Aiusa Parking Violation Azusa Fihes 5'' Median Fine of Median Fine oI ' Percentage ' '„Perr„e ti Cities Surveyed Cities`Surveyed Difference Higher DiD'erflce`Lt el* Excluding Azusa Including Azusa ` rf47 ,.Ii .,,,.!',.±'''''i-• ExclutdesAzr u�sa, �: 2Ex%cluMdes°Azt4 $51j� `7 " d:i iIn , d , *- ` i � ."y ?', 4 a`jfgl .rtm li fp .i, , ,? .C 2` Improper displ.Month/year $73 $55 $58 28% a4 ° � . r �2 %� U.$34' �a 9ax, !r Ri i 1 tl� .;j �i�kM� iii wv i ,n ��, +" .taCVbCs 5204(a) a a a y� i y 4 + �k '"i �ti � ..« „ 3'' ip „�a uu , ., .� $ 7.., . '',77,$',.4,,,,,,-111.,,,',-,',INr ar $48, $38 4 15'of hre hydrant CVC 22514 MI�,., � �„�„' ^"�k ��D�7 fin'• s jP y 1 t."�""'1 ! '�P �, w I tl 4 r t 6 Red Curb $38 $51' $51 AMC74 449(1) 7 // C 4 E f °� �I�iti iP a' t i r �h ,,,,„n, t i�E ,. «.,`, .”1tom; i 6 yw''y ii I',i i ,l'11 yip 4� i w w. �XiG:. 9 Lu'�a�i �..v �t,:,,,.C". — 1 R'L._,:, ! L?'r11. ki u",�.0�. 8 Pkg.in alley $28 $52* $S 1* 60% �nq.:. ,:..AMC 74-450 :, - - - 7 1 '''''''-'11 tl '0 ..�.v �y�'!v,,g �,.(R y,„,,,,,,..3,4,,,„,:,,iss } a '---''1'1!,,i.,,:,-,,,,.2.4.-,f:-..;,,`',1,:,,,,-:,-,1,-' sh'7m^` vl 1111 X 111 "t� ,�;t'�, i4 '' q'�.(w7'7U ri ' a Mi °i." roi;+' ",n 1" y i'''','1.'1. A. r� E ,,111 ',41: ,',:,..,;-%%.I. „r's� .jj !i s2 a' 1 fi r 1, ;s, -a 7 P t' , 4 l Irl ,1 TI orf ! l l 'p I i fs r t s 1 1 °a.” .i' t, tI a+ p �' jFF 4}. t' �i« E" ,:.,';',1'-,i'1,' n ',",-,_''',.;";11,''',,,,,,4^1,1;:,,,t5'1,.";-' Jas- rMr t �, 4 10 Ko./1-617P-kg-private private drivevway $38 $48 $47 23% CVC 22500(e)` 1111 p aG N r ., .r -0� I giii i IL.., � +da Iid w # • _f 6 a R tl _;F:.+ R' , 1. a"'5 1$5 zP'''Sj i .. t !f ,.r g(�i 29 dt!'„ t $6 d i� s � ,'" t P' !"' ;"$'0 i 10',„W ° $ 'r til 1 h i�0d ii i E Itl,,,.t1ai„*, p a" '"'-'. d va ' ' jel 12 Commercial If,eh,Over 10,000 $48 $85. 85 $70* 56%* lbs. AMG 74-466 13 II271Yo . a + ' 'r•tlS + 1 1 � "` ,' "' ;.-: ,yt AV.,....Ai p :�. 1 r r "1 ' 1mit,, '" 7. P.'i r >n ,, (4 r w ', tR4 t. .A "'r u II t i4tt a.� -,:4- 1., 'ro ... . 1 1 s r � { k v Yr ,f ::,:,,,,4,;,...f.:.' „n'�'.'$'t i,..,-,,,,,,,,, Y. ,t , ,x �r€R'. ��ut'..,,! ��."�"^". f„,„`-,1,,;.',',,,,,,,,'''S� �avt w $,,,,3,,„i6,. .ua;. , _, <� se'u. ..tl.�,., w�., '.e 14 Pkg on crosshatch $338 $337 .60 CVC 22507 8(c)(2) __ 15 r��uu ® N f h 0 'V y� tl�lti'S P V iEikk,dl�t?Ii, ''a,��y.! iiw a,4i Mtl,� i' k'' . >" , ;,:;,0'.Fki'f" R � a�i� tr ,, ' wp$7,8',0,i7'. A ,,. sc .3E,, ti,1i „.. 1 ,'VA rte"'.„..,. s. k �'�„ � E h�PI`j,� dor ii' t ..i „fit?ia u n „, iN ntth .,�^..' G' ".. ' mrd IR la I. ,i , * Items marked with an asterisk (*), indicate fewer cities included in the calculation. This was the case because some cities had no comparable parking regulation and fine. Items not calculated appear as '"N/A" in the previous chart. Azusa Parking Violation Azusa Fines Proposed Fines To Bring Azusa tot e 11111 Median Among Surveyed Cities , . „&�- a a' : I rt', Nd- , 9 `'Iig " n '"' ti { t N ' i ..,--,4,42 4 i ---T-'''.--,,'''''' % '& ' Y T +•v'�.,...8. i(..fid ta.�w.,Y .,Y�tP i # .�.�� .. Ai ...� .r 2 Improper displ.Month/year tabs $73 No change CVC 5204(a) 3 A S 6u1 . ,,,t :a „,;dyr-, s'. i wP*'�.3Y'; 4 A n i� � ` 4t1 � ,e _ ,..._..-- t 4 15''offire'hydrant $38 $48 CVC 22514 °ate �2 rc1 �.�y4, d� � .•„ �- - ,,. '�1 i h N,r. GaL w61,0ai n k i, ! . h3s ry .,� n 5 0 lce `C to 'bL i 9 ''''':_::::',„7-77.71;,1,-4 .a ti !,',,:,',4``T'''''',7,,'''''.!- ' � - , ,� : a � , n ',',,,,,,,,„,,,7:-,,,',',,,,:,11,.:31:,',01,,,,,,',;- i 6 Red Curb, $38 $51 AMC 74-449(1) �f °� n i l a"'O nprg�xi kg 'm ry h 1:- F�Pi a L, $.,64,:,,,'r y n p n,, ,,, l',',,,,, � i," 8 Pkg.in alley $28 $52 AMC 74-450 9b•, iduvia!Ur fi�x r. :dogways .''� rt38 ��_, , kn ',,T.;','„,,,4 n�a '$�a'� #,, d4.4+ 4i;1 �dii i"in r,, ti r�' ,t ni k a aY y � � '''''''''1:'''' R M1 10 No pkg.private driveway $38 $48 CVC 22500(e) 11 P u y sites/�nilar.an$s .-;;It,'-$38:'�' -,,--!"-'f..':,',,',1.--.-':,,'Ig$51i * M ,4-;;;;'..!!!'1:,''j"4 �9a * i111 H1,, 1,. Pn t - "la4, Nwi nd iF °`4, ° ,,, ° .war�,> dm ,� 12 ,,, Commercial veh.Over 10,000 lbs. $48 $85 AMC 74-466 13 h ail:A,, � 2 d, 4° �$ 1,..' ‘!,,,i,7,'''''.rt t m i ,�i a f 14 Pkg on crosshatch $338 No,change CVC 22507.8(c)(2) 15 tltn�ste , ,`,� $381 iia � �� ,„8.,i19� ', ' 4 1.8)' iJi 9, iq ,..,':',,,,,,,A., ,42 1 61 1 o@tr off . V c t�` n e Z ar, tri Z3 °� p�t zs ate+ ca s _ G ' I '9 k+ " i# to iXi N r! C1D Li" N,;g:d.toy .. is. ,` co a a co M p. M P. a a M COL,', �-[� Cil M .66 y db`N°G ,ba�xrya.M��" .ot�.'L rN.�'cti-a. CatEL.Nv-. wt`-+i" Osv c� xC,d,.,.,,¢��„; .im6,s�x.";;;"o.7W' y��O�C .�Do-+ ri Csi vOt'el�,,, •vaeF,t�"".`�t ii 60 4. 1:14) ,13 ra: �v .74!s eV?y trAm,a> o� a A,O °L i 'te> u QG+ t� � Ci.�-; m cm ebaos ro C4 ues>r�cpvr? 4' t4 u i*o � aQ t` atV UC N ^E~ > t¢ u u APPROVED COUNCIL MEETING Date, (Di Z1 \4 ,. AZU5A�� US CONSENT ITEM D-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JUNE 2, 2014 SUBJECT: LEGISLATIVE UPDATE RECOMMENDATION It is recommended that the City Council approve the positions recommended on the legislative update. BACKGROUND During the federal and state legislative sessions, bills are considered that may impact Azusa or cities in general. In order to keep the City Council informed of these bills, staff has developed the attached legislative update to track these important bills, including recommended positions. Following Council approval, staff will draft letters including the recommended positions and send them to Sacramento or Washington D.C. As bills are introduced, amended or there is a change in position from the League of California Cities, staff will provide the Council with updated position recommendations. The Legislative Update Log is attached with previously approved and newly recommended positions. Although not a legislative bill, support of the following funding request impacts local and regional projects: Rivers & Mountains Conservancy Direct Funding (Support) - Since the RMC's establishment in 1999, the conservancy has helped local governments and non-profits fund over 188 watershed improvement projects with benefits that are distributed throughout the RMC territory ranging from the mountain foothills to the dense urban areas within their jurisdiction. Examples of local RMC funded projects include the Azusa River Wilderness Park and Azusa Geology Park. Land acquisition, environmental and preliminary conceptual work has been completed for the Azusa River Wilderness Park; which is to be used as parkland and watershed protection. The project site is along Highway 39 in the San Gabriel Canyon near the northern boundary of the City of Azusa. Continued RMC funding for this project is required to complete the multiple phases of this regionally significant project. The legislature must provide for a direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) in the bond measure. There are several water bond bills being discussed that could potentially distribute funding inequitably to other regions, directly impacting Azusa and the RMC. Furthermore, it is requested funding be proportionate to the amount received under the 2009 water bond. FISCAL IMPACT There is no fiscal impact associated with approving the legislative update. Attachment: Legislative Update Log City of Azusa 2014 Legislative Bill Report June — Update New Legislative Positions BILL DESCRIPTION AB 1513 Author: Fox, D. Title: Residential Property: Possession by Declaration Position: Support Location: Senate Committee on Rules Summary: Under California law it can take 30-60 days, or even longer, to evict a squatter. Unlawful detainer procedures are geared toward situations in which a tenant is evicted for failure to pay rent or committing a violation of the rental agreement. There are currently no statutes designed to assist homeowners and law enforcement officials with removing unauthorized residents (squatters) from vacant properties. This bill is a pilot program designed to deal with "squatters" by allowing the owner of a vacant property to register that property with the local police department attesting that the property is vacant and is not authorized to be occupied. It requires the owner to retain a licensed private security service to inspect the property and notify the police if an unauthorized person is on the property. The police are then to respond to the property as soon as practicable and verify that the property was inspected at least 3 days prior and found to be vacant, ascertain the identity of any persons found on the property, and request the written authorization to be on the property. Any person found on a vacant property not less than 48 hours after receiving the warning notification is guilty of trespass. AB 1894 Author: Ammiano, D. Title: Medical Cabanis Position: Oppose Location: Assembly Second Reading Summary: This bill would enact the Medical Cannabis Regulation and Control Act and would create the Division of Medical Cannabis Regulation and Enforcement within the Department of Alcoholic Beverage Control. It would would grant the department the power to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state provided that the authority of a city or county to adopt ordinances inconsistent with the requirements of the act that ban, regulate, or tax medical cannabis activities, and to enforce those ordinances, would not be affected by the act. The possibility of granting ABC the authority to set the maximum number of dispensaries can only be interpreted as a challenge to local zoning approval and business licensing in connection with the granting of commercial registration to dispensaries or the siting of related facilities in local jurisdictions. Cities are best equipped to perform this function for themselves based on local values and priorities —as evidenced by the City of Riverside's complete ban on dispensaries. While it is clear that we must have a meaningful regulatory structure for medical marijuana in California, it would be divisive and ultimately counterproductive to implement a scheme that overtly, or, through various subtle means, seeks to undermine local control. AB 2126 Author: Bonta, D. Title: Meyers-Mlias-Brown Act: Mediation Position: Oppose Location: Assembly Second Reading Summary: This measure changes the mediation process by enabling either party to independently request mediation. If a mediator is not agreed to within five days, either party may request the Public Employee Relations Board (PERB) appoint a mediator. Under existing collective bargaining laws, employee organizations are required to mutually agree to a mediator. The requirement for mutual agreement to select a mediator is a fundamental aspect of any mediation process because it is the best way to ensure affected parties view the mediator as a true neutral. AB 2577 Author: Cooley, D. Title: Medi-Cal: Ground Emergency Medical Transportation Services Position: Support Location: Assembly Second Reading Summary: Local agencies are in the position of absorbing an increasing amount of the cost of providing Ground Emergency Medical Transport (GEMT) to Medi-Cal beneficiaries. This bill will remedy this problem by allowing local entities providing GEMT to recapture the lost reimbursements through the use of an intergovernmental transfer. This authorization permits public agency ambulance providers to seek partial reimbursement for their share of ground transportation expenses via funding provided by the federal government. This will amount to an additional $300 to $400 million in federal reimbursements for local agencies statewide. Without this legislation, our taxpayers will increasingly have to foot the cost of providing such services. SB 69 Author: Roth, D. Title: Local Gov.: Property Tax Revenue Allocations: VLF Adjustments Position: Support Location: Committee on Rules Summary: Existing property tax law requires the county auditor, in each fiscal year,to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures. This bill would modify allocation provisions for a city incorporating after January 1, 2004 by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation. This measure would restore funding stability to recently incorporated cities and cities that annexed inhabited territory, and establish a foundation to support sustainable and compact growth policies. SB 962 Author: Leno, D. Title: Advanced Mobile Communications Devices Position: Support Location: Committee on Business, Processions & Consumer Services Summary: This bill would require that any advanced mobile communications device, commonly known as a smartphone, that is manufactured and sold in California on or after July 1, 2015, include a technological solution that can render inoperable the essential features of the device, as defined,to an unauthorized user when the device is not in the possession of the rightful owner. The bill would require that the technological solution be able to withstand a hard reset. It will enhance public safety by removing an incentive for smartphone or electronic device theft, which in at least some instances is accomplished through violent means. Previously Approved Legislative Positions — April 21, 2014 BILL I DESCRIPTION AB 1521 Author: Fox, D. Title: Local Gov.: Property Tax Revenue Allocations: VLF Adjustments Position: Support Location: Assembly Committee on Local Government Summary: Beginning with the 2004-05 fiscal year, current law requires that each city, county, and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as defined, from a vehicle license fee property tax compensation fund that exists in each county treasury. Current law requires that these additional allocations be funded from ad valorem property tax revenues otherwise required to be allocated to educational entities. This bill would modify these reduction and transfer provisions, for the 2014-15 fiscal year and for each fiscal year thereafter, by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation. While the VLF-property tax swap solved one problem, it created another in that it contained no provisions recognizing that cities would annex inhabited areas (an activity supported by various state policies) or that future incorporations would occur in a state with continued population growth. As a result, newly incorporated cities or areas annexed by cities after the 2004 tax swap received no backfill property tax dollars in order to compensate for lower VLF revenues. AB 1582 Author: Mullin, D. Title: Redevelopment: Successor Agencies: ROPS Position: Support Location: Assembly Committee on Appropriations Summary: Current law requires a successor agency to, among other things, prepare a Recognized Obligation Payment Schedule for payments on enforceable obligations for each 6-month fiscal period. This bill would revise the timeline for the preparation of the required Recognized Obligation Payment Schedule to provide that the successor agency prepare a schedule for an annual fiscal period. Shifting the ROPS process from every six months to once per year will save staff time by avoiding repetitive processing of non- controversial items; an annual cycle will also improve predictability especially since many former RDA debts will need to be repaid over several decades. AB 1963 Author: Atkins, D. Title: Redevelopment Position: Support Location: Assembly Committee on Appropriations Summary: Upon approval of a long-range property management plan, the plan governs and supersedes, all other provisions relating to the disposition and use of the real property assets of the former redevelopment agency. If the Department of Finance has not approved a long-range property management plan by January 1, 2015, existing law requires the property of a former redevelopment agency to be disposed of according to law. This bill would eliminate this latter requirement that would apply the earlier provisions to the disposal of the assets and properties of a former redevelopment agency. AB 1970 Author: Gordon, D. Title: Global Warning Solutions Act of 2006: Community Investment and Innovation Program Position: Support Location: Assembly Committee on Local Government Summary: Would create the Community Investment and Innovation Program and would require moneys to be available from the Greenhouse Gas Reduction Fund, upon appropriation by the Legislature, for purposes of awarding grants and other financial assistance to eligible applicants, as defined, who submit plans to develop and implement integrated community-level greenhouse gas emissions reduction projects in their region. The bill would require the Strategic Growth Council, in consultation with the state board, to administer the program, as specified. Furthermore, it creates a program to support local governments as they work to deliver greenhouse gas reducing, energy efficiency improving projects that will create jobs and improve the economy. AB 1980 Author: Hernandez, R. Title: Public Safety Services Position: Oppose Location: Assembly Committee on Local Government Summary: Current law specifies the powers of the legislative bodies of cities. This bill would prohibit the legislative body of a general law city from eliminating its entire police or fire protection department except by an ordinance that is approved by a majority of the voters voting on the issue at a local election. This measure is a classic example of inappropriate and unjustified legislative interference in the sovereign decision making power of local governing bodies. If a city council decides whether, for fiscal, quality of service delivery, improved efficiency, regional collaboration or other reasons, that it is necessary or beneficial to provide for alternate police or fire protection through alternate means,there is no compelling reason for the state to impinge upon these decisions. AB 2170 Author: Mullin, D. Title: Joint Powers Authorities: Common Powers Position: Support Location: Third Reading Summary: Current law provides that 2 or more public agencies, by agreement, may form a joint powers authority to exercise any power common to the contracting parties, as specified. This bill would provide that the parties to the agreement may exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee or tax, as specified. AB 2280 Author: Alejo, D. Title: Community Revitalizations and Investment Authorities Position: Support Location: Assembly Committee on Appropriations Summary: Would authorize certain local agencies, to form a community revitalization authority (authority) within a community revitalization and investment area, as defined to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. The bill would provide for the financing of these activities by, among other things, the issuance of bonds serviced by tax increment revenues, and would require the authority to adopt a community revitalization plan for the community revitalization and investment area that includes elements describing and governing revitalization activities. AB 2574 Author: Rodriguez, D. Title: Metro Gold Line Foothill Extension Construction Authority Position: Support Location: Assembly Committee on Transportation Summary: Existing law creates the Metro Gold Line Foothill Extension Construction Authority for purposes relating to the development of a light rail project extending from the City of Los Angeles to the Cities of Pasadena and Montclair. This bill provides the necessary authority and approval responsibilities over any future project to protect both SANBAG and Metro's interests; while allowing the Construction Authority to continue moving forward on its planning efforts to improve Southern California public transportation. AB2574 will allow the Construction Authority to continue planning the final extension of the light rail line from the Montclair TransCenter to the LA/Ontario International Airport. AB 2670 Author: Medina, D. Title: Small Business Technical Assistance Act of 2014 Position: Support Location: Assembly Committee on Jobs, Economic Development& the Economy Summary: AB 2670 designates the Governor's Office of Business and Economic Development as the lead state entity for overseeing the state's Small Business Development Centers. In addition, the state identifies the Small Business Development Centers as a federal program, operating in California, in order to promote and encourage California small businesses to take advantage of free counseling and low-to-no cost training and many other services provided by the Small Business Development Centers. AB 2715 Author: Hernandez, R. Title: District-based Municipal Elections Position: Oppose Location: Assembly Committee on Elections &Reapportionment Summary: Would require the members of the legislative body of a city with a population of 100,000 or more, as determined by the most recent federal decennial census, to be elected by district. This bill would require that the boundary lines of each district be adjusted in accordance with specified provisions of law. The California Voting Rights Act already provides enormous legal leverage to any voter who seeks to challenge an at-large election system of a city, school district, community college district or any other district authorized by the state. By imposing, effective July 1, 2015, a district-based election on an estimated 29 cities, which fit the criteria of general law cities with populations at or above 100,000 and at-large election process, this measure would create a costly and chaotic environment costing millions of dollars to the affected agencies. ACA 8 Author: Mullin, D. Title: Local Government Financing: Voter Approval Position: Support Location: Senate Assembly on Governance & Finance Summary: Would create an additional exception to the 1% limit for a rate imposed by a city, county, city and county, or special district, as defined, to service bonded indebtedness incurred to fund specified public improvements and facilities, or buildings used primarily to provide sheriff, police, or fire protection services, that is approved by 55% of the voters of the city, county, city and county, or special district, as applicable. This bill contains other related provisions and other existing laws. AJR 39 Author: Hernandez, R. Title: Cable and Video Service Position: Support Location: Third Reading Summary: This measure would call on the United States Congress to amend a specified federal law to allow states and their municipalities to determine the best use of public, educational, and government(PEG) channel support. SB 1014 Author: Jackson, D. Title: Pharmaceutical Waste: Home Generated Position: Support Location: Senate Committee on Business Professions & Consumer Services Summary: Would enact the Home-Generated Pharmaceutical Waste Collection Disposal Act and would define terms for purposes of the act. The bill would require a producer of covered pharmaceuticals to submit to the Department of Resources Recycling and Recovery, by July 1, 2015, except as specified, a product stewardship plan and would authorize one or more producers to submit a plan or designate a stewardship organization to act as an agent on behalf of the producers to submit a plan. This bill takes an important step in managing home-generated pharmaceutical waste by requiring product producers to address end-of-life issues for their products, thereby keeping them out local waterways or landfills and lowering the amount of waste that must be disposed in California. SB 1077 Author: DeSaulnier,D. Title: Vehicle-Miles-Traveled Charges Position: Support Location: Senate Committee on Transportation & Highways Summary: Would require the Department of Motor Vehicles to develop and implement, by July 1, 2015, a pilot program designed to assess specified issues related to implementing a vehicle-miles-traveled fee in California. The bill would also require the department to prepare and submit a specified report of its findings to the policy and fiscal committees of the Legislature no later than June 30, 2016. California's transportation system is in dire need of a fair, reliable and continuous funding source. The local streets and roads system alone has a 10-year funding shortfall of over $80 billion. Unfortunately, the current gas tax is not a sustainable funding source. In addition, it does not provide an opportunity for all users to contribute to the cost of the system. SB 1129 Author: Steinberg, D. Title: Redevelopment: Successor Agencies to Redevelopment Agencies Position: Support Location: Senate Committee on Appropriations Summary: Current law prohibits a successor agency from entering into contracts with, incur obligations, or make commitments to, any entity, as specified, or to amend or modify existing agreements, obligations, or commitments with any entity, for any purpose. This bill would authorize a successor agency, if the successor agency has received a finding of completion, to enter into, or amend existing, contracts and agreements, or otherwise administer projects in connection with enforceable obligations, if the contract, agreement, or project will not commit new property tax funds or otherwise adversely affect the flow of specified tax revenues or payments to the taxing agencies, as specified. It will provide a solution to the issue of unspent bond proceeds that are currently sitting when they could be put to work to implement important projects and create high-wage construction jobs. SB 1270 Author: Pavley, D. Title: Surface Mining Operation Position: Oppose Location: Senate Assembly on Natural Resources and Waste Summary: Would require an unspecified individual or entity to appoint the State Geologist and would make that individual responsible for the management of the California Geological Survey. The bill would also designate the Office of Mine Reclamation as the Division of Mines, would require an unspecified individual or entity to appoint a State Mine Inspector to be responsible for the management of the Division of Mines, and would prescribe the specific qualifications for that person. SB 1270 represents a major shift in land use responsibility from experienced lead agencies to a state agency, an action that seems unnecessary under current law. The state already has the authority to remove a jurisdiction from their lead agency status if they are not meeting the certain requirements. SB 1270 would erode local lead agency authority to regulate local mining operations, setting a dangerous precedent of the state usurping local land use authority from local governments. Previously Approved Legislative Positions— March 3, 2014 BILL I DESCRIPTION AB 194 Author: Campos, D Title: Open Meetings: Actions for Violations Position: Oppose Unless Amended Location: Senate Committee on Governance & Finance Committee Summary: The Brown Act already authorizes a district attorney or any interested party to seek judicial determination that an actions taken by a legislative body is null and void if the legislative body violated certain provisions of the act. This bill would expand the authorization for a district attorney or interested party to seek a judicial determination that an action taken by a legislative body is null and void if the legislative body violated the requirement that every agenda for a regular meeting or notice for a special meeting provide an opportunity for members of the public to address the legislative body on items being considered, as specified. AB 194 might be necessary if the Brown Act did not already expressly require public comment and criticism on any issue before the board or within its jurisdiction. AB 1147 Author: Gomez, D. Title: Massage Therapy Position: Support Location: Senate Committee on Business, Professions and Consumer Protection Summary: Current law specifies the requirements for the California Massage Therapy Council to issue to an applicant a certificate as a massage practitioner, including, but not limited to, successfully completing curricula in massage and related subjects totaling a minimum of 250 hours or the credit unit equivalent, as specified. This bill would additionally require an applicant for a certificate as a massage practitioner to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the council. HR 29 Author: Gomez, D. Title: Outsourcing Public Services Position: Oppose Location: Assembly Committee on Public Employee Retirement and Social Security Summary: The Assembly opposes outsourcing of public services and assets, which harms transparency, accountability, shared prosperity, and competition, and supports processes that give public service works the opportunity to develop their own plan on how to deliver cost-effective, high-quality services. The Assembly intends to introduce and advocate for responsible outsourcing legislation. This resolution does not have the force of law, but legislators that are asked to vote on this are committing themselves to a pledge to vote on future bills related to the issue. Not only is this resolution harmful in its content but this resolution is designed to frame future votes before legislators know the details of actual legislation and local impacts. It is critical for local governments to maintain maximum flexibility in challenging fiscal times when delivering services and this resolution threatens our ability to do so. SB 199 Author: De Leon, D. Title: BB Devices Position: Support Location: Committee on Rules for Assignment Summary: Would delete the 6 millimeter restriction from the definition of a BB device. By including a device that expels a BB or pellet that exceeds 6 millimeters in caliber within the definition of a BB device, this bill would expand the scope of existing crimes, and impose a state-mandated local program. This bill contains other related provisions and other existing laws. SB 388 Author: Lieu, D. Title: Public Safety Officer and Firefighters: Investigations and Interrogations Position: Oppose Location: Committee on Rules for Assignment Summary: Would provide, under the Public Safety Officers Procedural Bill of Rights Act, that if an interrogation focuses on matters that may result in punitive action against a public safety officer or firefighter who is not formally under investigation, but is interviewed regarding the investigation of another public safety officer or firefighter, the public safety officer or firefighter being interviewed is entitled to representation, as specified. This bill goes beyond providing fair treatment to an officer under investigation and would require formal representation for every officer that is questioned about the investigation of another officer. By creating formal processes for witness officers, this measure would unduly interfere with an agency's duty to supervise the actions of its employees and unnecessarily delay investigations anytime an officer is asked about non- criminal misconduct, which could include acts of dishonesty, sexual harassment, violations of use-of-force policies, or employment discrimination." SB 1262 Author: Correa, L. (Co-sponsored by League of California Cities and Police Chiefs Association) Title: Medical Marijuana Position: Support Location: Introduced Summary: This measure is not an endorsement of the legalization of marijuana or a "gateway" bill to facilitate the legalization of recreational marijuana. This measure is fundamentally about three things: advancing local control, protecting public safety and creating uniform health and safety standards that ensure the lawful distribution of medical marijuana only in those cities and counties in which it is authorized. It carefully safeguards the right of cities and counties to decide whether to regulate and prohibit medical marijuana cultivation and distribution. Attached is a publication from the League of California Cities with additional information. u *111\44 > Ok * , * /FOP The Canyon City—Gateway to the American Dream .AZUSA June 3, 2014 The Honorable Anthony Rendon California State Assembly Water, Parks and Wildlife Committee 1020 N Street, Room 160 Sacramento, California 95814 Re: Water Bond Funding for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Dear Chairman Rendon: On behalf of the City of Azusa, I write to urge direct funding to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) in the State's water bond; and secondly, to request that the funding be proportional with the Rivers and Mountains Conservancy's $75 million allocation in the existing water bond. The City of Azusa is represented by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and values the services that this Conservancy provides directly to our city and region. Direct funding to the RMC is crucial. Over 4.8 million residents live within the RMC's jurisdiction, and 2 out of every 3 residents in this region are disproportionately impacted by environmental pollutants. Since the RMC's establishment in 1999, the conservancy has helped local governments and non-profits fund over 188 watershed improvement projects with benefits that are distributed throughout the RMC territory ranging from the mountain foothills to the dense urban areas within their jurisdiction. Examples of valuable local projects include the Azusa River Wilderness Park (Preliminary Design and Environmental is completed) and Geology Park in Azusa. Direct funding to the RMC will yield watershed and environmental protection benefits that differ from projects that may be implemented in other surrounding conservancies. It is imperative that this conservancy continue to receive direct funding from the State to implement environmental protection projects that can be accessible to the 4.8 million residents who live in RMC's jurisdiction. If the Legislature reduces the existing water bond amount by 20 percent, then we request that our new direct allocation be reduced by a percentage no greater than 20 percent, based on the RMC's $75 million allocation in the existing water bond. It makes sense to maintain a State investment in California's only urban conservancy. Given these reasons, we urge the State water bond to include at least $60 million in direct funding to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and request that the funding be proportional with the RMC's $75 million allocation in the existing water bond. Sincerely, / & i2 Joseph R. Rocha Mayor cc: Assembly Member Roger Hernandez; FAX(916) 319-2148 Senator Ed Hernandez; FAX(916) 445-0485 Jennifer Quan, Regional Public Affairs Manager, FAX(626) 460-8034 Mark Stanley, RMC Executive Director FAX(626) 815-1269