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Home My WebLink AboutD- 7 Agrmt for completion of Public Impr 54057-7 WesteriaAPPROVED COUNCIL UFFrInir. CONSENT ITEM D-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, DIRECTOR OF PUBLIC WORKS VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: MARCH 3, 2014 SUBJECT: FINAL TRACT MAP NO. 54057-7, WISTERIA RECOMMENDED ACTION It is recommended that the City Council acts and finds as follows: 1. The City Council hereby finds that this project complies with the General Plan and is consistent with the approved tentative snap 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. The City Council approves and authorizes the Mayor to execute the attached Agreement for Completion of Public Improvements for Tract No. 54057-7 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $307,564.24, the attached Labor and Materials Bond for $307,564.24, as well as the attached Monumentation Bond in the amount of $10,000 all as guaranteed by Philadelphia Indemnity Insurance Company. 4. That pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the City Council hereby finds that the development of the property, in the manner set forth on the subject division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development and Irrigation Company and Monrovia Nursery Company and accepts the map without the signatures of said easement holders. 5. Final Tract Map No. 54057-7 is hereby approved and the dedications as offered on the map are hereby accepted. 6. The City Council accepts the deed for Juniper Ridge to provide temporary access to the subdivision until the adjacent subdivision is filed. 7. The City Council authorizes the City Clerk to endorse on the acknowledgement that the City has accepted the easement for Juniper Ridge subject to the City Council acceptance of the street improvements for Juniper Ridge. 8. The City Clerk is hereby authorized to endorse on the face of the map the certificate that embodies the approval of said snap and acceptance of dedications. ACKGROUND This Final Map involves the approval of the final subdivision map designated Tract 54057-7, located just northwest of the easterly roundabout and the proposed fire station north of Sierra Madre Ave. The developer is Wisteria Rosedale LP, a Delaware limited partnership, and the Civil Engineer is RBF Consulting. The Applicant has submitted the checked Final Map, the Public Improvement Agreement, posted necessary bonds, and paid the applicable fees. Tract No. 54057-7 has been checked by the Designated City Engineer for mathematical accuracy, survey analysis, title information, compliance with the State Subdivision Map Act, compliance with the City's Subdivision Ordinance, and compliance with the applicable conditions of approval. Attached are the agreement for Completion of Public hnprovements for TractNo. 54057-7 to construct the required public improvements, a Faithful Performance Bond in the amount of $307,564.24, a Labor and Materials Bond for $307,564.24 as guaranteed by Philadelphia Indemnity Insurance Company, and a Monumentation Bond in the amount of $10,000 as guaranteed by Philadelphia Indemnity Insurance Company. Juniper Ridge would provide the main access point to Tract 54057-7, which is actually part of the adjacent Tract 54057-6 and which is not yet recorded. Consequently a road easement is necessary that would provide access to Tract 54057-7 until Tract 54057-6 is recorded. The roadway easement is attached for Council approval. With the technical review having been completed, and the map meeting State and City requirements, the Council's approval would be a ministerial action. FISCAL IMPACT The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study approved as part of the original Rosedale entitlements in 2003. 4 - This page is part of your document - DO NOT DISCARD 20149298147 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 03/25/14 AT 09:34AM P0g 8 0 FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 I�III�VIIIIIIIIIII�IIIIIIIIIIONIIN610111n�llllllllllllVIIIII�CIIIIlIIIYBII LEADSHEET 1111111111111111111111111111111111111111111111111111111111111 201403253010025 00008988329 tlllllllllllll�lllll� 006096281 SEQ: 01 DAR Mail (Hard iCopy) ini�ii - IIRI�11@I�IIII�IIIII�A11111111N911111�11 - RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 0312�r1�014 'I i iIIjE 'i jj II *20140298147 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) ROAD EASEMENT, dated February 5, 2014, executed by Daniel O'Bannon, Authorized Representative, Rosedale Land Partners II, LLC, for the purpose of public street, highway and utility services. RECORDING REQUESTED BY y AND WHEN RECORDED MAIL TO: } ] City of Azusa ] 213 East Foothill Boulevard } Azusa, California 91702 ] Attn.: City Clerk } APN 8625-001-036 (Space Above for Recorder's Use) Exempt from Recording Fees Pursuant to Government Code Sections 6103 and 27383 Exempt from Documentary Transfer Tax per California Rev. & Tax Code § 11922 ROAD EASEMENT ROSEDALE LAND PARTNERS, II, LLC, a Delaware limited liability company ("Grantor"), does hereby grant to the CITY OF AZUSA, a California municipal Corporation ("Grantee"), a non-exclusive easement (the "Road Easement") over and upon that portion of the real property more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Property"), for public street, highways and utility purposes, including the operation, maintenance, repair and replacement of any such public street and/or utility improvements located on, over or under and across the Property and servicing the Property or any other real property situated within 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, of Maps, in the Office of the County Recorder of said county. This conveyance is made SUBJECT TO all covenants, conditions, restrictions, reservations, rights, right of way and easements of record or apparent, each and every one of which is hereby expressly incorporated herein by reference as though set forth herein in full. (signatures on next page) 1 t.- 1 IN WITNESS THEREOF, the parties hereto have executed this Road Easement as of the - day of 2014. Grantor: ROSEDALE LAND PARTNERS II, LLC A Delaware limited liability company By: CDG Rosedale Investment, LLC a Delaware limited liability company its Administrative Member By: Name: Title: �a STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE } On : !'. 2014, before me, r_k 4;� Notary Public, personally appeared ,J, , .,•,�Iq who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/s*e executed the same in his/ -hex -authorized capacity, and that by his/4er 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. [SEAL] Signature IsPATRICIA Al EXIS HANSON Commission # 1888030 Notary Public - California z zz Orange County My Comm. Expires May 2. 2014 2 RBF Consulting 14725 Alton Parkway Irvine, California 92618 February 3, 2014 EXHIBIT "A" JN 130094/10-107768 Page 1 of 2 LEGAL DESCRIPTION PUBLIC ACCESS EASEMENT TRACT NO. 054057-7 Those certain parcels of land situated in the City of Azusa, County of Los Angeles, State of California, being those portions of Lot 9 and Lot 11 of Tract No. 062150 as shown on a map fled in Book 1311, Pages 28 through 50 of Maps, including those portions of said Lot 9 and Lot 11 lying within Sierra Madre Avenue vacated by City of Azusa Resolution No. 06-059 recorded January 23, 2007 as Instrument No. 20070134292 of Official Records, all in the Office of the County Recorder of said Los Angeles County, described as follows: PARCEL 1 BEGINNING at the southwesterly terminus of that certain course shown as "North 23°58'23" North 45.00 feet" in the general easterly line of said Lot 9, said point of beginning being on a non -tangent curve concave southerly and having a radius of 173.00 feet, a radial line of said curve from said point bears South 23°58'23" West; thence along the southerly line of said Lot 9 through the following courses: along said curve westerly 75.96 feet through a central angle of 25°09'23"; thence tangent from said curve South 88°49'00" West 190.45 feet to the beginning of a tangent curve concave northerly and having a radius of 277.00 feet; thence along said curve westerly 3.38 feet through a central angle of 00°41'58"; thence non -tangent from said curve South 53°41'38" West 18.40 feet; thence South 85°56'55" West 50.35 feet; thence North 62°50'56" West 7.00 feet; thence leaving said southerly line of Lot 9 North 23°10'42" West 24.63 feet to the westerly prolongation of the hereinabove described curve having a radius of 277.00 feet; thence radial from said curve North 16°29'32" East 45.00 feet to a point on a non -tangent curve concave northerly and having a radius of 232.00 feet, said curve being concentric with and 45.00 feet northerly from said last curve having a radius of 277.00 feet, a radial line of said curve from said point bears North 16°29'32" East; thence along said concentric curve easterly 71.57 feet through a central angle of 17°40'32" to a tangent line parallel with and 45.00 feet northerly from the hereinabove described course of South 88°49'00" West 190.45 feet; thence along said parallel line North 88°49'00" East 190.45 feet to the beginning of a tangent curve concave southerly and having a radius of 218.00 feet, said curve being concentric with and 45.00 feet northerly from the hereinabove described curve having a radius of 173.00 feet; thence along said concentric curve easterly 95.72 feet through a central angle of 25°09'23" RBF Consulting Public Access Easement Tract No. 054057-7 Exhibit "A" February 3, 2014 JN 130094/10-107768 Page 2 of 2 to an angle point in said general easterly line of Lot 9; thence radially from said curve, along said general easterly line of Lot 9 South 23°58'23" West 45.00 feet to the POINT OF BEGINNING. CONTAINING: 0.392 Acres, more or less. PARCEL 2 A strip of land 5.00 feet wide, the northeasterly line of which is described as follows: BEGINNING at the northwesterly corner of Lot 11 of said Tract No. 062150; thence along the northeasterly line of said Lot 11 through the following courses: North 88°49'00" East 47.47 feet to the beginning of a tangent curve concave southwesterly and having a radius of 173.00 feet; thence along said curve easterly 75.96 feet through a central angle of 25009'23" to the beginning of a non -tangent curve concave southwesterly and having a radius of 207.00 feet, a radial line of said curve from said intersection bears South 25°50'46" West; thence along said curve southeasterly 66.44 feet through a central angle of 18°23'23" to the general westerly right-of-way of Sierra Madre Avenue as shown on that certain document recorded October 9, 2013 as Instrument No. 20131458106 of Official Records in said Office of the County Recorder of said Los Angeles County. Said strip of land shall be lengthened or shortened so as to terminate westerly in the westerly line of said Lot l I and southeasterly in said general westerly right-of-way of Sierra Madre Avenue. CONTAINING: 0.022 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. J A ��9V_ YF KidRi R. .— TWUXELL Kurt R. Troxell, L.S. 7854 Date * 7854 H Apdata\10103800\ADMIN\legals\54057-7_Access_Esmt_1 &2.docx u � TRACT NO, 062150 LOT 9 GENERAL E' LY Q, LINE LOT 9 CD C4 N88°49'00"E 190.45' C5 Z o PARCEL 1 17058 S . F . CIL JUNIPER RIDGE FUTURE) 107 ] O (S88 -49'00"W 190.45') 'RCL S'LY LINE LOT 9 L1 C 1 a cn �� L,, r1 142.98' — C3 Ln NE LY LINE �. L I P.O.B. PARCEL 2 LOT 11 �l NW' LY CORNER PARCEL 2 l ,C) LOT 11 0 945 S. F. >� 14 I� �vQ'1�v N23°58'23"E (RAD)R=173'/ Gxx N25°50'46"E (RAD)R=207' N�4 eti LOT I I LOT 120 CD /23-50 UL) J co Q NOTE: �►. ( ) DENOTES RECORD DATA PER TRACT N0, 062150, M.B. 1311/28-50 .r CURVE TABLE EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIP710N FOR PUBLIC ACCESS EASEMENT TRACT N0.054057-7 SHEET 10F 1 SHEET PLANNING N OrSIGN ■ CUN&TRl1 MT 14725 ALTON PARKWAY 0 0 A IRVINE, CALJFORNIA 92618-2027 CONSULTING 949.4723505 • FAX 949.472 8373 • www RBF.com FEBRUARY 3, 2014 J.N. 134094/10-107768 H: %FDA TA \1 01 03800\CADD\MAPPING\EXHIBIT2\54057-7-ACCESS-ESMT.DWG CATHY.SCHMERSAL 2/3/14 10:41 am LINE TABLE NO. NO. DELTA RADIUS LENGTH (Cl) 18°23'23" 207.00' 66.44' (C2) 25°09'23" 173.00' 75.96' (C3) 00°41'58" 277.00' 3.38' C4 17°40'32" 232.00' 71.57' C5 25°09'23" 218.00' 95.72' SHEET 10F 1 SHEET PLANNING N OrSIGN ■ CUN&TRl1 MT 14725 ALTON PARKWAY 0 0 A IRVINE, CALJFORNIA 92618-2027 CONSULTING 949.4723505 • FAX 949.472 8373 • www RBF.com FEBRUARY 3, 2014 J.N. 134094/10-107768 H: %FDA TA \1 01 03800\CADD\MAPPING\EXHIBIT2\54057-7-ACCESS-ESMT.DWG CATHY.SCHMERSAL 2/3/14 10:41 am LINE TABLE NO. BEARING LENGTH (L1) N88°49'00"E 47.47' (L2) S53°41'38"W 18.40' (1-3) S85°56'55"W 50.35' (1-4) N62°50'56"W 7.00' L5 N23°10'42"W 24.63' L6 N16°29'32"E 45.00' (L7) S23058'23"W 45.00' L8 S45°30'24"W 5.00' SHEET 10F 1 SHEET PLANNING N OrSIGN ■ CUN&TRl1 MT 14725 ALTON PARKWAY 0 0 A IRVINE, CALJFORNIA 92618-2027 CONSULTING 949.4723505 • FAX 949.472 8373 • www RBF.com FEBRUARY 3, 2014 J.N. 134094/10-107768 H: %FDA TA \1 01 03800\CADD\MAPPING\EXHIBIT2\54057-7-ACCESS-ESMT.DWG CATHY.SCHMERSAL 2/3/14 10:41 am CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Road Easement dated February 5, 2014, from Rosedale Land Partners, TI, _LLCLOwner (-Grantor ), to the City of Azusa ("Grantee"'), a California municipal corporation, is hereby accepted by order of the City Council of the City of Azusa on March 3, 2014, and the Grantee hereby consents to the recordation thereof by its duly authorized officer. Date: By. 1 f � e ace Cornejo r, `^ City Clerk, City of Azusa STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) On P a rcl, & "e q , before me, I V. 1~1 e, OA4,,LAe 7, , Notary Public in and for the State of California, personally appeared, je elb City Clerk of the City of Azusa, who proved to me on the basis of satisfactory evidence, to be the person(,a whose nameW is/ate subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hex4hoir authorized capacity(ies), and that by his/fir signature(s) on the instrument, the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J. V. HERNANDEZ Commission # 1998874 SiSignature SEAL `H Notary Public - California g (SEAL) Los Angeles County n My Comm. Expires Nov 22. 2016 - This page is part of your document - DO NOT DISCARD 20140240312 III II IIIII II II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 03/10/14 AT 08:44AM /' FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IIIIIIIIIIIIII�IIIIIII�IIIIIIIIIVIIIIIIInIIIIIVflIIIIIIIIII�InVflIIIII�III�VII LEADSHEET 1111111111111111111111111111111111111111111111111111111111111111111 201403102850024 00008931804 006069174 SEQ: 01 inrnMail �(Hard iunMCopy) nuiii A iuu�umni�airiiu�u��u�Wnidu � RECORDING REQUESTED BY 03118/2024 E l WHEN RECORDED MAIL TO Ad '20140 40312` Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) Agreement between City of Azusa and Wisteria Rosedale, LP, for Completion of Public Improvements Tract No. 54057-7 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 Fxg,n ip;Frani jVSordj goNemill n e Section 6103 CITY OF AZUSA, CALIFORNIA By:_. -_— City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 54057-7 between CITY OF AZUSA a California municipal corporation and WISTERIA ROSEDALE, LP, a Delaware limited partnership ORANGE\MMARTINEZ\33457.1 01-28-14 r AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 54057-7 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 18th day of February, 2014 by and between the City of Azusa, a California municipal corporation ("City") and Wisteria Rosedale, LP, 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. 54057-7. 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. 54057-7 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. 54057-7. 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. 54057-7. 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. 54057-7 and (d) Developer records the final map for Tract No. 54057-7 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 ORANGEWMARTINEZU 3457. 12 N need. of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 54057-7. 2.0 Public Inr rovements. 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.54057-7, 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. 54057-7 ("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 Ing royements. 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-4pproval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Quality of Work, Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other ORANGE\MMARTIN EZ\33457. 13 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 t❑ I-n z yements. 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. ORANGE\MMARTINEZ\33457. 4 001 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. 54057-7. 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 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. 54057-7 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. 54057-7in 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. 54057-7. 8.0 City Inspection of Public Irn rovements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default, Notice-, Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy-, OU Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. ORANGE\MMARTINEZ\33457. 16 10.0 Administrative 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. 54057-7 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 ORANGE\MMARTIN EZ\33457. 17 following expiration of the Warranty or any extension thereof. Developer's warranty obligation 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 Seven Thousand Five Hundred Sixty- four Dollars and twenty-four cents ($307,564.24), 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. 54057-7, 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. 54057-7. 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 Seven Thousand Five Hundred Sixty-four Dollars and twenty four cents ($307,564.24), 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 ORANGEWMARTINEZ03457. 18 1� 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 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. 54057-7 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall post a bond with City in the amount of Ten Thousand Dollars ($10,000.00), 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 bond 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. 54057-7. - 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 SeMc . 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 sic . and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such ORANGE MMARTMEZ03457. 19 ■V portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types, Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liabilit. 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. ORAN G E\MMARTIN EZ\33457. 110 at 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 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. 54057-7, 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. ORANGE\M MARTIN EZ\33457. I I I 20.1 Authority to Enter A reement. 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. 20.2 Cooperation, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Azusa P.O. Box 1395 213 E. Foothill Blvd. Azusa Ca. 91702 Attn: City Manager DEVELOPER: Wisteria Rosedale, LP 23 Corporate_ Plaza Drive,, Suite 246 Newport Beach, CA 92660 : 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. ORANGE\MMARTIN EZ\33457. 112 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 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. ORAN GE\MMARTINEZ\33457. 113 CITY OF AZUUSA By: ?' IT(signs ure (print name) City Manager City of Azusa ATTEST: By: r gnature) -� JifflrtK-Lawreel[e C- T. 13 (print name) City Clerk City of Azusa WISTERXA O .I]ALE, LP. By: j (signature) (print name) cnenegald?aWTer- By: ��r�tuo (print name) (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. ORANGE\MMARTINEZ\33457. 114 ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF On . 2014, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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 of Notary [SEAL] ORANGE\MMARTINEZ\33457. 115 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (5je-411i k�__ CIVIL CODE § 1189 On l y before me, 7%F (-I Y x"6)6 -IC.._,, Date Here Insert Name and T#; at the Officer ) personally appeared,�"H!' �1�� %f' �r�t°i�6lZ)rIJrJ�)� Name(s) of Signer(s) PATRICIA At EXIS HANSON ?. Commission # 1888030 a Notary Public -California H Z 4•�• `a Z Orange County My Comm. Expires May 2, 2014! who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),4s/are subscribed to the within instrument and acknowledged to me that he4he/they executed the same in his/her/their authorized capacity(ies), and that by hiMie4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary PubtlC 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: _ 2,,� ! y;r�IL Z Number of Pages: rl`� Signer(s) Other Than Named Above:` Capacity(les) Claimed by Signer(s) Signer's Name: + fc Signer's Name _LkAJ i cZ_ L ($% AJI_Jf J ,< Corporate Officer — Title(s): MCorporate Officer — Title(s): 0 3 ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G 4 �.� 1�.—� Signer Is Representing;4)t -c- 2012 G2012 National Notary Association • NationalNotarv.nrn • 1-Rnn-i i8 NnTARY /1-Rnn-R7(3-FR97) Itam *.gcfm EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 54057-7 LOT 12 OF TRACT NO. 62150, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1311, PAGES 28 THROUGH 50, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ORANGEWMARTINEZU3457. 117 EXHIBIT `B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 54057-7 ORAN GEW MARTINEZ03457. 118 Tract 54057-07 Rosedale Sewers House laterals Total Unit Units Bond $ Reduced Streets Quantites Price 542 Estimate Amount Due AC 460 $ 55.00 Tons $ 25,300.00 $ Base 995 $ 40.00 Tons $ 39,800.00 C&G 1203 $ 25.00 LF $ 30,075.00 Manholes Street Lights 5 $ 1,500.00 EACH $ 7,500.00 Concrete Pavement 1020 $ 5.00 SQ FT $ 5,100.00 Curb Ramps $ 1,500.00 each $ - 49,104.00 Sidewalk 2272 $ 3.50 sq ft $ 7,952.00 Misc items 8" DIP 951 10% $ 11,572.70 If total 40,893.00 12" DIP $ 115,727.00 $ 127,299.70 Storm Drains $ - If 16" DIP $ 18" RCP 80 $ 58.00 If $ 4,640.00 24" RCP 3,000.00 $ 82.00 If $ - 8" Valves 30' RCP $ $ 110.00 If $ 36' RCP 4 $ 140.00 If $ 4,000.00 42" RCP Fire Hydrants $ 156.00 If $ $ 8,000.00 54" RCP $ 250.00 If $ 60" RCP $ 300.00 If $ Other RCP 61,893.00 $ 320.00 If $ - Manholes 3 $ 3,000.00 each $ 9,000.00 Junction Structures $ 1,000.00 each $ - Catch Basins 2 $ 3,500.00 each $ 7,000.00 Catch Basins/grates 1 $ 4,000.00 each $ 4,000.00 Misc items 20% $ 4,928.00 $ 24,640.00 $ 29,568.00 Sewers House laterals 307 $ 30.00 If $ 9,210.00 8" VCP 542 $ 57.00 If $ 30,894.00 10" VCP $ 61.00 If $ - 12" VCP $ 70.00 If $ - Manholes 3 $ 3,000.00 each $ 9,000.00 Misc items 5% $ 2,455.20 $ 49,104.00 $ 51,559.20 Water 8" DIP 951 $ 43.00 If $ 40,893.00 12" DIP $ 60.00 If $ - 16" DIP $ 70.00 If $ 12" Valves $ 3,000.00 each $ - 8" Valves 3 $ 3,000.00 each $ 9,000.00 Thrust Blocks 4 $ 1,000.00 each $ 4,000.00 Fire Hydrants 4 $ 2,000.00 each $ 8,000.00 Misc items $ 61,893.00 $ 71,176.95 Grand Total est $ 279,603.85 Contingency $ 27,960.39 Bond amount $ 307,564.24 r�• EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 54057-7 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: $ 307 564.24 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: Lockton Surety Co. 19800 MacArthur Blvd., Suite 1250 Irvine, CA. 92612 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $_307,564.24 Surety: Philadelphia Indemnity Insurance Company Attorney-in-fact: Janina Monroe Address: Lockton Surety Co. 19800 MacArthur Blvd., Suite 1250 Irvine, Ca. 92612 CASH MONUMENT SECURITY: $ 10 000 Amount deposited per Cash Receipt No. Date: ($10,000 bond posted as guaranteed by Philadelphia Indemnity Insurance Co. in lieu of cash) ORANGE\M MARTINEZ\33457. 118 BOND NO. PB03010401211 INITIAL PREMIUM: $6,1511 Two (2) Years SUBJECT TO RENEWAL CITY OF AZUSA TRACT MAP NO. 54057-7 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and Wisteria Rosedale, LP ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-7 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agrecment to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of dollars ($ 307,564.24---------- ), said suns 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 Seven Thousand Five Hundred Sixty -Four and 24/100 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, oRANGEWMARTINEZ03457. 120 Performance Bond No. PB03010401211 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 tirne, alteration, or addition. This bond is executed and filed to comply with Section 66499 et .CA. 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 6th day of February , 2014 Wisteria Rosedaie, LP Principal'`'t: e-4( W;�^'1 �'—``` 1 By: � 6 6/4 President CAtr ca-ITAWC (print name) Surety Insurance Company Attorney -in -Fact _Janina 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. ORANGEWMARTINE7,0345T I21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On! Irl / before me, &1G Dae Here Insert flame and Title of the Micer personally appeared cS �I r --hl � 4 6 6 Fri Name(s) of S` cmer(::) PATRICIA At EXIS HANS0 Commission # i 888030 a , : Notary Public - California p z ' Orange County who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/say executed the same in hisitherbeir authorized capacity(, and that by his/14&FAheir signatures) on the instrument the person(a)s or the entity upon behalf of which the person(Oacted, 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. M .Expire Ma i. 2x14 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 U 2012 National Notary Association • NationafNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On FEB 06NO_ Date before me, Michelle Haase personally appeared Janina Monroe WIR11 LLE HAASE hoCommlaalon # 1986118 Molary Public - California ®range County My Comm. Expires Aug22, 2016 , Notary Public, Insert Name of Notary exactly as it appears on the official seal of who proved to me on the basis of satisfactory evidence to be the personW.. whose narl is/W subscribed to the within instrument and acknowledged to me thatftlshe/th)Y executed the same in )M/her/tftr authorized capacity(itm, and that by �A/her/th)&r signature* on the instrument the personMi, or the entity upon behalf of which the person(o 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. LA Signature 2%, C—& Place Notary Seal Above Sronatu a of Notary Public OPTIONAL Though the information beiow is not required by iaw. it rnpy prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date.- Signer(s) ate: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1009 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 125,000,000.0 This Power ofAttorney 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 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 2013. ss $s fir' i+.5:.,sa �;•, �r , (Seal) +•+ "� Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7v' 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. C0M PENN5VLVAWA NOTARlRi 54L DAPMad T9M-A, NataryirCar Wc LawerM�ioRi .,hkalga Car Comt�slrxt M�d1 7A1 Notary Public: (Notary Seal) residing at: Bala Clwyd, 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 Attomey as President, was on the date of execution ofthe attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, FEB 0 6 2014 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of -20 r zr,r Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary u •` = = PHILADELPHIA INDEMNITY INSURANCE COMPANY N 1927 `As 1?)C6 V BOND NO, PB03010401211 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: WHEREAS the City of Azusa, California ("City") and Wisteria Rosedale, LP ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 54057-7 ("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 20-13 ("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 Cam NOW. THEREFORE, Principal and urety"), 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 sung of DOLLARS, ORANGEWMARTINE:'7_,03457, 12.2 *Three Hundred Seven Thousand Five Hundred Sixty -Four and 24/100 Payment Bond No. PB03010401211 Page Two (2) said surn 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 wort: 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 suns 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 se . 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 richt 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. OItANGEVv MARTINEZ03457. 123 Payment Bond No. PB03010401211 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 6th day of February , 2014 Wisteria Rosedale, LP Principal 441: By: _ G1ys.. P4sident G��Stp PI�Fl.'C C+uf+�S (print name) Philadelphia Indemnitv Insurance 'Attorney -in -Fact , Janina 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. ORANGEWMARTINEZ03457. ]24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _� :�: 4' J On 1 before me, Date Here Insert Name and Title of the Officer personally appeared Cbz<Cfs=� Name(s) of Signer(s) R PATRICIA All EXIS HANSON F Commission # 1888030 ¢{=iu Notary Public - California z Orange County My Comm. Expires May 2. 20114_r Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personkK whose name' is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef4heir authorized capacity(ie*, and that by his/herMIeir signatur*� on the instrument the person(a)s or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:' �•r�s�� Signature of Notary Public 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.- Signer's epresenting: © 2012 National Notary Association • NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On FEB 0 6 2014 before me, Date personally appeared Janina Monroe MICHELLE HAASE LW—MyCommission # 1986198 comm, Notary Public - CalOrange County Ex lre3 Au 22,2016W Michelle Haase Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of S who proved to me on the basis of satisfactory evidence to be the persons whose namemx is/ subscribed to the within instrument and acknowledged to me thatft/she/th)0S executed the same in DCS/her/tW-r authorized capacity(i ), and that by �*/her/tWr signatureW on the instrument the personM, or the entity upon behalf of which the person(o 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 d official seal. Signature ""'_X_(a Place Notary Seal Above Signaturdol 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 fra udulenl removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)-.— El Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: /`V 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 525,000,000.0 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority ofthe 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 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 7Tn DAY OF FEBRUARY 2013. (Seal) ,,..,..,r.. r,�?i , , ID 4 Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7`s day of February 2013, before me came the individual who executed the preceding 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, mmmwwzmmgEn� NIaTARIALSEAL DANIELLE POPAiH, Nairxy Pubic Laweo Mnn=201 Notary Public: residing at: (Notary Seal) My commission expires: ala Cyrind. 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, nn In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of FEB 0 6 2U� 4 20 •; ,. e,. :.` Craig P. Keller, Executive Vice President, Chief Financial Officer &Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY s� Bond No. PB03010401212 Premium `1;200 / Two {2} Years fu[ORLeJ�ltL►r_LOU*- • Us KNOW ALL MEN BY THESE PRESENTS: That Wisteria Rosedale, LP, 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 Ten Thousand and no/100 Dollars ($10.000.00). The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of Qi1y of Azusa Tract No. 054057=07, entered into an agreement with said City, to set Survey Monuments in said tract and to pay the engineer or surveyor performing the work, in full within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or any extension of said term that may be granted by the Council of the City of Azusa, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. SIGNED and SEALED this 6th day of February, 2014. Wisteria Rosedale, LP Philadelph' Indemnity Insurance Company C l nina Monroe, Attorney -in -Fact ?Aid$ t viww-�' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California__ County of n1<1A ' �. On A3 fix'y/ before me, Date / Here Insert Name and Title of the Officer personally appeared 0t� " fS r� �N�= �%� &,-!, Name(s) of Signer(s) PA7CIA At EXIS HANSON Commission # 1888030 -E C Notary Notary Public - California Orange County My Comm. Expires May 2, 2014 Place Notary Seal Above CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personis) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/he;Aheir authorized capacitoes) and that by his/her/their signature(s) on the instrument the person.(s)-, or the entity upon behalf of which the person�.$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature.�C 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; O 2012 National Notary Association • NationslNotary.org 0 1--800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On FFg f 6 2014 before me, personally appeared Janina Monroe Michelle Haase Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) Notary Public, who proved to me on the basis of satisfactory evidence to be the personal whose nameW, is/W, subscribed to the within instrument and acknowledged to me thatftlshe/th. executed the same in )M/her/tftr authorized capacity(i ), WCiiME HAASE and that by I}*/her/tWr signature* on the instrument the Comrrd�slan #� 19i161�a person, or the entity upon behalf of which the person( Le NvfNryr Public- California acted, executed the instrument. Otago CollNrly A9 Coen, Ex res Au 22.2018 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 seas. Signature Place Notary Seal Above Sipnalu of Notary Public OPT)ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)._ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing 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 $25,0001000.0 This Power ofAttorney 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 ofAttorney 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 2013. ��, ; :.v?tie• r� st :Gy? ! ri 1r7�1m: (Seal) "" Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7's 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. L OTARIAL SEAL E PORATH. Hutery Aub1c Tw .. Pkn lm Md d� 21 211 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cyn3yyd. 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 thee attached Power ofAttorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. F E L7 0 6 2014 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 �Nl..ryryyF . fy Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 19 F.1 RECORDING REQUESTED BY } AND WHEN RECORDED MAIL TO: } } City of Azusa ) 213 East Foothill Boulevard ) Azusa, California 91702 ) Attn.: City Clerk ) APN 8625-001-036 (Space Above for Recorder's Use) Exempt from Recording Fees Pursuant to Government Code Sections 6103 and 27383 Exempt from Documentary Transfer Tax per California Rev. & Tax Code § 11922 ROAD EASEMENT ROSEDALE LAND PARTNERS, II, LLC, a Delaware limited liability company ("Grantor"), does hereby grant to the CITY OF AZUSA, a California municipal Corporation ("Grantee"), a non-exclusive easement (the "Road Easement") over and upon that portion of the real property more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Property"), for public street, highways and utility purposes, including the operation, maintenance, repair and replacement of any such public street and/or utility improvements located on, over or under and across the Property and servicing the Property or any other real property situated within 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, of Maps, in the Office of the County Recorder of said county. This conveyance is made SUBJECT TO all covenants, conditions, restrictions, reservations, rights, right of way and easements of record or apparent, each and every one of which is hereby expressly incorporated herein by reference as though set forth herein in full. (signatures on next page) 1 r —fw IN WITNESS THEREOF, the parties hereto have executed this Road Easement as of the � day of 2014. Grantor: ROSEDALE LAND PARTNERS II, LLC A Delaware limited liability company By: CDG Rosedale Investment, LLC a Delaware limited liability company its Administrative Member By: Name: Title: Cha STATE OF CALIFORNIA } )ss. COUNTY OF ORANGE ) On%f �v%y S 2014, before me, ^� ��c= r7csrh� l Notary Public, personally appeared IPq-,J, _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/s+te executed the same in his/fes-authorized capacity, and that by hisp+er 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. [SEAL] Signature PATRICIA Al EXIS HANSON _ = Commission # 1888030 Q Notary Public - California z a Orange County A My Comm. Expires May 2, 2014 2 RBF Consulting 14725 Alton Parkway Irvine, California 92618 February 3, 2014 EXHIBIT "A" JN 130094/10-107768 Page 1 of 2 LEGAL DESCRIPTION PUBLIC ACCESS EASEMENT TRACT NO. 054057-7 Those certain parcels of land situated in the City of Azusa, County of Los Angeles, State of California, being those portions of Lot 9 and Lot 11 of Tract No. 062150 as shown on a map filed in Book 1311, Pages 28 through 50 of Maps, including those portions of said Lot 9 and Lot 1 1 lying within Sierra Madre Avenue vacated by City of Azusa Resolution No. 06-059 recorded January 23, 2007 as Instrument No. 20070134292 of Official Records, all in the Office of the County Recorder of said Los Angeles County, described as follows: PARCEL 1 BEGINNING at the southwesterly terminus of that certain course shown as "North 23°58'23" North 45.00 feet" in the general easterly line of said Lot 9, said point of beginning being on a non -tangent curve concave southerly and having a radius of 173.00 feet, a radial line of said curve from said point bears South 23°58'23" West; thence along the southerly line of said Lot 9 through the following courses: along said curve westerly 75.96 feet through a central angle of 25°09'23"; thence tangent from said curve South 88049'00" West 190.45 feet to the beginning of a tangent curve concave northerly and having a radius of 277.00 feet; thence along said curve westerly 3.38 feet through a central angle of 00°41'58"; thence non -tangent from said curve South 53°41'38" West 18.40 feet; thence South 85°56'55" West 50.35 feet; thence North 62°50'56" West 7.00 feet; thence leaving said southerly line of Lot 9 North 23010'42" West 24.63 feet to the westerly prolongation of the hereinabove described -curve having a radius of 277.00 feet; thence radial from said curve North 16°29'32" East 45.00 feet to a point on a non -tangent curve concave northerly and having a radius of 232.00 feet, said curve being concentric with and 45.00 feet northerly from said last curve having a radius of 277.00 feet, a radial line of said curve from said point bears North 16029'32" East; thence along said concentric curve easterly 71.57 feet through a central angle of 17°40'32" to a tangent line parallel with and 45.00 feet northerly from the hereinabove described course of South 88049'00" West 190.45 feet; thence along said parallel line North 88°49'00" East 190.45 feet to the beginning of a tangent curve concave southerly and having a radius of 218.00 feet, said curve being concentric with and 45.00 feet northerly from the hereinabove described curve having a radius of 173.00 feet; thence along said concentric curve easterly 95.72 feet through a central angle of 25°09'23" 0 RBF Consulting Public Access Easement Tract No. 054057-7 Exhibit "A" February 3, 2014 JN 130094/10-107768 Page 2 of 2 to an angle point in said general easterly line of Lot 9; thence radially from said curve, along said general easterly line of Lot 9 South 23°58'23" West 45.00 feet to the POINT OF BEGINNING. CONTAINING: 0.392 Acres, more or less. PARCEL 2 A strip of land 5.00 feet wide, the northeasterly line of which is described as follows: BEGINNING at the northwesterly corner of Lot 11 of said Tract No. 062150; thence along the northeasterly line of said Lot 1 1 through the following courses: North 88°49'00" East 47.47 feet to the beginning of a tangent curve concave southwesterly and having a radius of 173.00 feet; thence along said curve easterly 75.96 feet through a central angle of 25°09'23" to the beginning of a non -tangent curve concave southwesterly and having a radius of 207.00 feet, a radial line of said curve from said intersection bears South 25°50'46" West; thence along said curve southeasterly 66.44 feet through a central angle of 18°23'23" to the general westerly right-of-way of Sierra Madre Avenue as shown on that certain document recorded October 9, 2013 as Instrument No. 20131458106 of Official Records in said Office of the County Recorder of said Los Angeles County. Said strip of land shall be lengthened or shortened so as to terminate westerly in the westerly line of said Lot 1 I and southeasterly in said general westerly right-of-way of Sierra Madre Avenue. CONTAINING: 0.022 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made apart hereof. KURT TROXELL Kurt R. Troxell, L.S. 7854 Date * 7854 0r CAL�� HApdata\10103800\ADMIN\legals\54057-7_Access_Esmt_1 &2.docx 41- TP,ACT ]NO. 062150 Wil C4 �Lo a' LOT 9 GENERAL E' LY NO. DELTA LINE LOT 9 N88°49'00"E 190.45' '- C5 / PARCEL 1 17058 S. F. /— CIL JUNIPER RIDGE (FUTURE) L HJT 10 75.96' (C3) Pp'8•PARCEE 277.00' -� (S88°49'00"W 190,45') 17°40'32" 232.00'1 S' LY LINE LOT 9 1 L1 C2 218.00' 1 142.98' S45°30'24"W NE'LY LINE C3 .r, l o P-0-13. PARCEL 2 LOT 11 Cy NW'LY CORNER PARCEL 2 I LOT 11 a 945 S.F. —1 LOT 12 ti g N23° 58' 23"E (RC)R_173'jI N2 56746i'(RAD)R-207', ��, ory LOT II � r r z� PR20 04�� yp. \0 o_ M. B, 1311 /28-50 w J Ln U Ln NOTE: p+ ( ) DENOTES RECORD DATA PER TRACT NO. 062150, M.B. 1311/28-50 cam. CURVE TABLE EXHIBIT "B"KE SKETCH M ACCOMPANY A LEGAL DESCRIPTION FOR PUBLIC ACCESS EASEMENT TRACT NO. 054057-7 SHEET 10F 1 SHEET PLANNING � DE613N ■ CONSTRUCTION r 14725 ALTON PARKWAY IRNNE, CALIFORNIA 92618-2027 CONSULTING 949.4723505 - FAX 949.472.8373 - w RBFcom FEBRUARY 3. 2014 J.N- 130094/10-107768 •.-- •---- � ....��.�n��r... ��nr �i oi�c �.stv...—.........— i .a 1. A I111.—NMLK�AL L/J/141U:41 aM LINE TABLE NO. NO. DELTA RADIUS LENGTH (Cl) 18°23'23" 207.00' 66.44' (C2) 25°09'23" 173.00' 75.96' (C3) 00°41'58" 277.00' 3.38' C4 17°40'32" 232.00'1 71.57' C5 25°09'23" 218.00' 1 95.72' SHEET 10F 1 SHEET PLANNING � DE613N ■ CONSTRUCTION r 14725 ALTON PARKWAY IRNNE, CALIFORNIA 92618-2027 CONSULTING 949.4723505 - FAX 949.472.8373 - w RBFcom FEBRUARY 3. 2014 J.N- 130094/10-107768 •.-- •---- � ....��.�n��r... ��nr �i oi�c �.stv...—.........— i .a 1. A I111.—NMLK�AL L/J/141U:41 aM LINE TABLE NO. BEARING LENGTH (1-1) N88°49'00"E 47.47' (L2) S53°41'38"W 18.40' (L3) S85°56'55"W 50.35' (L4) N62°50'56"W 7.00' L5 N23°10'42"W 24.63' L6 N16°29'32"E 45.00' (L7) S23°58'23"W 45.00' L8 S45°30'24"W 5.00' SHEET 10F 1 SHEET PLANNING � DE613N ■ CONSTRUCTION r 14725 ALTON PARKWAY IRNNE, CALIFORNIA 92618-2027 CONSULTING 949.4723505 - FAX 949.472.8373 - w RBFcom FEBRUARY 3. 2014 J.N- 130094/10-107768 •.-- •---- � ....��.�n��r... ��nr �i oi�c �.stv...—.........— i .a 1. A I111.—NMLK�AL L/J/141U:41 aM