HomeMy WebLinkAboutD- 6 Agrmt for completion of Public Impr 54057-8CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS
VIA: F.M. DELACH, CITY MANAGER;';I
BY: ROY BRUCKNER, PROJECT MANAGER
DATE: OCTOBER 16, 2006
SUBJECT: FINAL TRACT MAP NO. 54057-8, ROSEDALE
RECOMMENDED ACTION
It is recommended that the City Council acts and finds as follows:
1. That this project complies with the General Plan and is consistent with the approved tentative map
and any amendments thereto.
2. 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 dedications as offered on the Map are hereby accepted.
4. The City Council approves and authorizes the City Manager to execute the attached AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-08 to construct the required
public improvements and also accept the attached Faithful Performance Bond in the amount of
$1,486,000 and the attached Labor and Materials Bond for $743,000 as guaranteed by Arch
Insurance Company.
5. That pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the City Council hereby
finds that the development of the property, in the manner set forth on the subject division of land,
will not unreasonably interfere with the free and complete exercise of the easements held by Azusa
Light & Water, Southern California Edison Company, Monrovia Nursery Company and Azusa Land
Partners, LLC and accepts the map without the signatures of said easement holders.
6. Approve Final Tract Map No. 54057-08, and
7. The City Cleric is hereby authorized to endorse on the face of the maps the certificates, which
embodies the approval of said maps and acceptance of dedications.
BACKGROUND
This Final Map involves the approval of the final subdivision map designated 54057-08, located in the
central portion of the Rosedale project site, just south of Sierra Madre Ave. This subdivision will
accommodate the residential project known as Greenbriar by Fieldstone Communities, and represents a
portion of the Park 4000 Neighborhood. The developer is Starfield Azusa Greenbriar, LLC, a Delawar
Limited Liability Company, and the Civil Engineer is Walden &Associates.
Approval of Final Tract Map No. 54057-08, Rosedale
City Council Meeting of October 16, 2006
t'
�1P
The designated City Engineer has completed final checking procedures for the final map and has found
that it is in substantial conformance with the State Subdivision Map Act, City of Azusa requirements,
Vesting Tentative Map 54057, Tentative Map 62150, and related conditions of approval. The Applicant
has submitted the checked Final Map, the subdivision agreement, posted necessary bonds, and paid the
applicable fees.
Attached is an Agreement for Completion of Public Improvements for Tract No. 54057-08 to construct
the required public improvements, as well as a Faithful Performance Bond in the amount of $1,486,000,
and a Labor and Materials Bond in the amounts of $743,000 as guaranteed by Arch Insurance Company.
The street improvements are expected to be completed in the near future, and will be offered to the City
for acceptance as they are completed.
With the technical review having been completed, and the map meeting State and City requirements, the
Council's approval would be a ministerial action.
FISCAL IMPACT
The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study. This approval is another
step in the implementation of the Rosedale project.
Approval of Final Tract Map No. 54057-08, Rosedale 2
City Council Meeting of October 16, 2006
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
NAME Vera Mendoza
City Clerk
City of Azusa
ADDRESS 213 E. Foothill Blvd.
CITY, STATE Azusa, CA
ZIP CODE 91702
06 268930{
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLES)
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS: Parcel/Tract No.
054057-8 between the City of Azusa and Starfields Azusa Greenbriar, LLC, dated October
16, 2006.
A& This page is part of your document - DO NOT DISCARD
TITLE(S) :
F-1
FEE
CODE
20
CODE
19
CODE
06 2689300
RECORDEDIFILED IN OFFICIAL
RECO"DER'S OFFICE
LOS ANGEL
NGE ES COUNW
CALIFORNIA
8:01 AM DEC 04 2006
III III 111111111;111111111
Code 00 - 00.00
Grand Total = $0.00
Code A007 - 001
D.T.T.
Page Count = 49
A j
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
THIS FORM IS NOT TO BE DUPLICATED
3
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF AZUSA
213 E. Foothill Blyd.
Azusa CA 91702
ATTN: Vera Me>ndpza,,_ City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exern 1 Frnm recordin g feever Government Code
Section 6103
CITY O;ity
SA, CALIF IA
By: : L
Clerk A'—
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 54057-8
between
CITY OF AZUSA
a California municipal corporation
and
STARFIELDS AZUSA GREENBRIAR, LLC
a Delaware limited liability company
06 2680300
ORANGENXM\21759.1
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 54057-08
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements ("Agreement") is entered
into as of this 16th day ,of October, 2006 by and between the City of Azusa, a California
municipal corporation ("City") and STARFIELD AZUSA GREENBRIAR, LLC a Delaware
limited liability company with its principal office located at 2 Ada, Irvine, CA. 92614
("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party"
and hereinafter collectively referred to as the "Parties."
II. RECITALS.
A. On August 12, 2005, Developer submitted to City an application for approval of a
tentative tract map for real property located within City, a legal description of which is attached
hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer
by RBF Consulting, and is identified in City records as Tract Map No. 54057-08.
B. Developer's application for a Final Tract map for Tract No. 54057-08 was
deemed complete on April 10, 2006. On October 16, 2006, the Azusa City Council conditionally
approved Developer's application for a Final Tract map for Tract No. 54057-08.
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 sed.) ("Map Act"), the conditions of approval for
Tract No. 54057, or other ordinances, resolutions, or policies of City requiring construction of
improvements in conjunction with the subdivision of land.
D. Pursuant to Section 66-300 of the Azusa Municipal Code 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. 54057-08.
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. 54057-08.
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
ORANGE\MXM\21759. 12
06 2689366
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 54057-08
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements ("Agreement") is entered
into as of this 16th day of October, 2006 by and between the City of Azusa, a California
municipal corporation ("City") and STARFIELD AZUSA GREENBRIAR, LLC a Delaware
limited liability company with its principal office located at 2 Ada, Irvine, CA. 92614
("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party"
and hereinafter collectively referred to as the "Parties."
IL RECITALS.
A. On August 12, 2005, Developer submitted to City an application for approval of a
tentative tract snap for real property located within City, a legal description of which is attached
hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer
by RBF Consulting, and is identified in City records as Tract Map No. 54057-08.
B. Developer's application for a Final Tract map for Tract No. 54057-08 was
deemed complete on April 10, 2006. On October 16, 2006, the Azusa City Council conditionally
approved Developer's application for a Final Tract map for Tract No. 54057-08.
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 sed.) ("Map Act"), the conditions of approval for
Tract No. 54057, or other ordinances, resolutions, or policies of City requiring construction of
improvements in conjunction with the subdivision of land.
D. Pursuant to Section 66-300 of the Azusa Municipal Code 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. 54057-08.
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. 54057-08.
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
0RANGE\MXM\21759. 12
06 2639300
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 Parcel/Tract No.54057-8 and (d) Developer records the
final map for Parcel/Tract No.54057-8 in the Recorder's Office of the County of Los Angeles. If
the above described conditions are not satisfied, this Agreement shall automatically terminate
without need of further action by either City or Developer, and Developer may not thereafter
record the final map for Parcel/Tract No.54057-8.
2.0 Public Improvements. Developer shall construct or have constructed at its own
cost, expense, and liability all improvements required by City as part of the approval of
Parcel/Tract No.54057-8, 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
Parcel/Tract Map No. 54057-8 ("Public Improvements"). The Public Improvements are more
specifically described in Exhibit "B," which is attached hereto and incorporated herein by this
reference. Construction of the Public Improvements shall include any transitions and/or other
incidental work deemed necessary for drainage or public safety. The Developer shall be
responsible for the replacement, relocation, or removal of any component of any irrigation water
system in conflict with the construction or installation of the Public Improvements. Such
replacement, relocation, or removal shall be performed to the complete satisfaction of the City
Engineer and the owner of such water system. Developer further promises and agrees to provide
all equipment, tools, materials, labor, tests, design work, and engineering services necessary or
required by City to fully and adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where construction of
any Public Improvements has been partially completed prior to this Agreement, Developer
agrees to complete such Public Improvements or assure their completion in accordance with this
Agreement.
2.2 Permits; Notices; Utility 'Statements. Prior to commencing any work,
Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses
and give all necessary and incidental notices required for the lawful construction of the Public
Improvements and performance of Developer's obligations under this Agreement. Developer
shall conduct the work in full compliance with the regulations, rules, and other requirements
contained in any permit or license issued to Developer. Prior to commencing any work,
Developer shall file a written statement with the City Clerk and the City Engineer, signed by
Developer and each utility which will provide utility service to the Property, attesting that
Developer has made all deposits legally required by the utility for the extension and provision of
utility service to the Property.
2.3 Pre -approval of Plans and Specifications. Developer is prohibited from
commencing work on any Public Improvement until all plans and specifications for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her designee.
0RANGE\MXM\21759. 13 06 2689300
1
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
requirements. The Public Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with City,
as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a
skillful and workmanlike manner, and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. Developer
represents and maintains that it or its contractors shall be skilled in the professional calling
necessary to perform the work. Developer warrants that all of its employees and contractors
shall have sufficient skill and experience to perform the work assigned to them, and that they
shall have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work, and that such licenses, permits, qualifications and approvals shall
be maintained throughout the term of this Agreement.
2.6 Alterations to Improvements. The Public Improvements in Exhibit `B"
are understood to be only a general designation of the work and improvements to be done, and
not a binding description thereof. All work shall be done and improvements made and
completed as shown on approved plans and specifications, and any subsequent alterations
thereto. If during the course of construction and installation of the Public Improvements it is
determined that the public interest requires alterations in the Public Improvements, Developer
shall undertake such design and construction changes as may be reasonably required by City.
Any and all alterations in the plans and specifications and the Public Improvements to be
completed may be accomplished without giving prior notice thereof to Developer's surety for
this Agreement.
3.0 Maintenance of Public Improvements and Landscaping. City shall not be
responsible or liable for the maintenance or care of the Public Improvements until City approves
and accepts them. City shall exercise no control over the Public Improvements until accepted.
Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole
and exclusive risk of the Developer at all times prior to City's acceptance of the Public
Improvements. Developer shall maintain all the Public Improvements in a state of good repair
until they are completed by Developer and approved and accepted by City, and until the security
for the performance of this Agreement is released. Maintenance shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and
sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to
City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining
in good and safe condition all streets and street improvements. It shall be Developer's
responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly
perform such maintenance work when notified to do so by City. If Developer fails to properly
ORANGE\MXM\21759. 14 06 2689300
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.
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.54057-8.
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 M. 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 Parcel/Tract
No.54057-8 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 seg. 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 Parcel/Tract No. 54057-8 in
accordance with all applicable federal, state, and local laws, rules, and regulations, including, but
not limited to, the regulations, schedules and fees of the utilities or agencies providing such
services. Except for commercial or industrial properties, Developer shall also provide cable
television facilities to serve each parcel, lot, or unit of land in accordance with all applicable
federal, state, and local laws, rules, and regulations, including, but not limited to, the
requirements of the cable company possessing a valid franchise with City to provide such service
within City's jurisdictional limits. All utilities shall be installed underground.
ORANGEWW21759. 15 06 2689300
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
any impact or connection fees established by City ordinance, resolution, regulation, or policy, or
as established by City relative to Parcel/Tract No.54057-8.
8.0 City Inspection of Public Improvements. Developer shall, at its sole cost,
expense, and liability, and at all times during construction of the Public Improvements, maintain
reasonable and safe facilities and provide safe access for inspection by City of the Public
Improvements and areas where construction of the Public Improvements is occurring or will
occur.
9.0 Default, Notice;_ Remedies,
9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely
complete any obligation, term, or condition of this Agreement, or if City determines there is a
violation of any federal, state, or local law, ordinance, regulation, code, standard, or other
requirement, City may at any time thereafter declare Developer to be in default or violation of
this Agreement and make written demand upon Developer or its surety, or both, to immediately
remedy the default or violation ("Notice"). Developer shall substantially commence the work
required to remedy the default or violation within ten (10) days of the Notice. If the default or
violation constitutes an immediate threat to the public health, safety, or welfare, City may
provide the Notice verbally, and Developer shall substantially commence the required work
within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice,
Developer and its surety shall be liable to City for all costs of construction and installation of the
Public Improvements and all other administrative costs expenses as provided for in Section 10.0
of this Agreement.
9.2 Failure to Remedy; City Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a completion acceptable to City within
the time frame contained in the Notice, City may complete all remaining work, arrange for the
completion of all remaining work, and/or conduct such remedial activity as in its sole and
absolute discretion it believes is required to remedy the default or violation. All such work or
remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its
surety, without the necessity of giving any further notice to Developer or surety. City's right to
take such actions shall in no way be limited by the fact that Developer or its surety may have
constructed any, or none of the required or agreed upon Public Improvements at the time of
City's demand for performance. In the event City elects to complete or arrange for completion
of the remaining work and improvements, City may require all work by Developer or its surety
to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if
conditions precedent for reversion to acreage can be met and if the interests of City will not be
prejudiced thereby, City may also process a reversion to acreage and thereafter recover from
Developer or its surety the full cost and expense incurred.
9.3 Other Remedies. No action by City pursuant to Section 9.0 et M. 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
ORANGE\MXM\21759. 16 06 2689300
/o
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.
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 therefor. If
Parcel/Tract No. 54057-8 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 the maintenance of all landscaping within the Property
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,
Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion
of the Public Improvements, in accordance with the current ordinances, resolutions, regulations,
codes, standards, or other requirements of City, and to the approval of the City Engineer. All
repairs, replacements, or reconstruction during the Warranty 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, Developer and its surety hereby agree
to extend the Warranty for an additional one (1) year period following City's acceptance of the
repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve
Developer from any other liability it may have under federal, state, or local law to repair, replace,
or reconstruct any Public Improvement following expiration of the Warranty or any extension
ORANGE\MXM\21759. 17 06 2689300
thereof. Developer's warranty obligation under this section shall survive the expiration or
termination of this Agreement.
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 s_q.) shall in no way limit or modify
Developer's indemnification obligation provided in Section 16.0 of this Agreement.
13.1 Performance Bond. To guarantee the faithful performance of the Public
Improvements and all the provisions of this Agreement, to protect City if Developer is in default
as set forth in Section 8.0 et sec . of this Agreement, and to secure Developer's one-year
guarantee and warranty of the Public Improvements, including the maintenance of all
landscaping in a vigorous and thriving condition, Developer shall provide City a faithful
performance bond in the amount of One Million, Four Hunderd and Eighty -Six Thousand
Dollars ($ 1,486,000), 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
Parcel/Tract No. 54057-8, 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. 54057-8.
13.2 Labor & Material Bond. To secure payment to the contractors,
subcontractors, laborers, material men, and other persons furnishing labor, materials, or
equipment for performance of the Public Improvements and this Agreement, Developer shall
provide City a labor and materials bond in the amount of Seven Hundred and Forty -Three
Thousand Dollars ($743,000), which sum shall not be less than one hundred percent (100%) of
the Estimated Costs. The security provided under this section may be released by written
authorization of the City Engineer after six (6) months from the date City accepts the final Public
Improvements. The amount of such security shall be reduced by the total of all stop notice or
mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of
such claims for reimbursement of City's anticipated administrative and legal expenses arising out
of such claims.
13.3 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do
business in California, and shall be satisfactory to City. As part of the obligation secured by the
Security and in addition to the face amount of the Security, the Developer or its surety shall
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
ORANGE\MXM\21759. 18 06 2689300
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 Parcel/Tract No. 54057-8 in compliance with the applicable
provisions of City's Municipal and/or Development Code ("Subdivision Monuments"),
Developer shall deposit cash with City in the amount of Two Thousand and Eight Hundred
Dollars ($2,800.00), which sum shall not be less than one hundred percent (100%) of the costs of
setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may
be released by written authorization of the City Engineer after all required Subdivision
Monuments are accepted by the City Engineer, City has received written acknowledgment of
payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided
Developer is not in default of any provision of this Agreement or condition of approval for
Parcel/Tract No. 54057-8.
15.0 Lien. To secure the timely performance of Developer's obligations under this
Agreement, including those obligations for which security has been provided pursuant to
Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien
against all portions of the Property not dedicated to City or some other governmental agency for
a public purpose. As to Developer's default on those obligations for which security has been
provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to
collect against such security prior to exercising its rights as a contract lienholder under this
section.
16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its
elected officials, officers, employees, and agents from any and all actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury, to property or persons, including
wrongful death, whether imposed by a court of law or by administrative action of any federal,
state, or local governmental body or agency, arising out of or incident to any acts, omissions,
negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors
in connection with or arising out of construction or maintenance of the Public Improvements, or
performance,of this Agreement. This indemnification includes, without limitation, the payment
of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all
legal expenses and costs incurred by each of them. This indemnification excludes only such
portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to
property or persons, including wrongful death, which is caused solely and exclusively by the
negligence or willful misconduct of Agency as determined by a court or administrative body of
competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or
ORANGE\MXM\21759. 19 06 2689300
l3
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. Develcper and its contractors shall
procure and maintain workers' compensation insurance with limits as required by the Labor
Code of the State of California and employers' liability insurance with limits of not less than
$1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional
who will engineer or design the Public Improvements, liability insurance for errors and
omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained
for a period of five (5) years following completion of the Public Improvements. Such insurance
shall be endorsed to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its elected officials, officers,
employees, agents, and -volunteers; or (b) Developer and its contractors shall provide a financial
guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
17.3 Additional Insured,• Separation of Insureds. The Required Insurance shall
name City, its elected officials, officers, employees, agents, and volunteers as additional insureds
with respect to work performed by or on behalf of Developer or its contractors, including
materials, parts, or equipment furnished in connection therewith. The Required Insurance shall
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.
ORANGE\MXM\21759. 1 10 06 2689300
6893f1O
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 Tenn; 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 AX111.
18.0 Signs and Advertisin . 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 Parcel/Tract No. 54057-8, nor any other related entitlement,
permit, or approval issued by City for the Property shall operate to create the relationship of
partnership, joint venture, or agency between City and Developer. Developer's contractors and
subcontractors are exclusively and solely under the control and dominion of Developer. Nothing
herein shall be deemed to make Developer or its contractors an agent or contractor of City.
20.0 General Provisions.
20.1 Authority to Enter Agreement. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority make this Agreement
and bind each respective Party.
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.
ORANGE\MXM\21759. 1 11 06 2689300
20.3 Construction; References,• Ca tions. 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:
CjV of Azusa
213 E. Foothill Blvd., PO Box 1395_
Azusa, CA. 91702
DEVELOPER:
_Starfield Azusa Greenbriar, LLC
2 Ada
Irvine CA 92614
Attn: City Manager Attn: Nicole M
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail
first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
20.5 Amendment, Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
20.6 Waiver. City's failure to insist upon strict compliance with any provision
of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, shall not relieve Developer of any of its obligations under this
Agreement, whether of the same or similar type. The foregoing shall be true whether City's
actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or
set off, any and all defects, irregularities or deficiencies in the authorization, execution or
performance of the Public Improvements or this Agreement, as well as the laws, rules,
regulations, ordinances or resolutions of City with regards to the authorization, execution or
performance of the Public Improvements or this Agreement.
20.7 Assignment or Transfer of Agreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and
any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such
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.
ORANGEWXM1759. 112 06 2689300
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 Invalidit • Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
20.12 Attome s' Fees and Costs. If any arbitration, lawsuit, or other legal action
or proceeding is brought by one Party against the other Party in connection with this Agreement
or the Property, the prevailing party, whether by final judgment or arbitration award, shall be
entitled to and recover from the other party all costs and expenses incurred by the prevailing
party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such
legal action or proceeding shall contain a specific provision providing for the recovery of Costs,
which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred
in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c)
garnishment, levy, and debtor and third party examination, (d) discovery, and. (e) bankruptcy
litigation. This section shall survive the termination or expiration of this Agreement.
20.13 CounteWarts. This Agreement may be executed in counterpart originals,
which taken together, shall constitute one and the same instrument.
CITY OF AZUSA
STARFIELD AZUSA GREENBRIAR, LLC,
a Delaware limited liability company
By: STARFIELD AZUSA INVESTORS, LLC
a Delaware limited liability company,
Managing Member
By: FIELDSTONE HOMES SOUTHERN CALIFORNIA
-CENTRAL COUNTIES, INC.
a California corporation,
Its Administrative Member
ORANGE\MXM\21759. 113 06 2689300
By: l'
(signature
M. jkv{.%.
(print name)
City Manager
City of Azusa
By: ' AA
11 (signature)
NIC -l) l e- 1\ j (A VVCN\/
(print name)
(title)
ATTEST:
By: By:
(signature) (signature)
(print name) (print name)
City Clerk (-ft
City of Azusa (title)
NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
Os 2689300
ORANGEuv W21759. 114
CAPACITY CLAIMED BY SIGNER:
— Individual(s)
Ofiiccr(s)
Partner(s)
— Attorney -in -Fact
Trustee(s)
— Subscribing Witness
— Guardian/Conservator
— Other
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
STATE OF CALIFORNIA
COUNTY OF (nn G'nQ4
On
ACKNOWLEDGMENT
200_6 before me,
the undersigned notary public, personally appeared
'V personally known to me
OR — proved to me on the basis of satisfactory evidence to be the personX whose nameks� is/ai-s
subscribed to the within instrument and acknowledged to me that she/tom executed the same
in •his/herAhwir authorized capacity, and that by-hi-&/her/#heir signature on the instrument
the personX, or the entity upon behalf of which the person,] acted, executed the instrument.
WITNESS my hand and official seal.
?;;Vh y- j
0�C
On ,# 1442844
Signature ❑fNotary
Mge countypires Sep30, 2Q
06 2669300
ORANGE\MXM\21759, 115
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEUTRACT NO. 54057-8
ORANGE\MXM\21759. 117
06 2689309
LEGAL DESCRIPTION
NAME OF LAND Greenbriar —Tract 54057-08
LOCATION Rosedale Master Plan Community
CITY Azusa, California
COUNTY Los Angeles
LEGAL DESCRIPTION Monrovia Nursery Planning Area I -4a-1, Proposed Tract Map 054057-8,
Being a Subdivision of the Following:
Lot 16 Of Tract Map No. 62150, In The City Of Azusa, County Of Los
Angeles, State Of California, Filed In Book 1311, Pages 28 Through 50,
Inclusive, Of Maps, In The Office Of The Recorder Of Said County.
Excepting Therefrom All Of Tract Map 054057-1, In The City Of Azusa,
County Of Los Angeles, State Of California, Filed In Book 1312, Pages
39 Through 47, Inclusive, Of Maps, In The Office Of The Recorder Of
Said County.
Assessor's parcel nos. 8608-003-002, 8608-003-005, and 8608-003-006.
NUMBER OF 47 Lots
LOTS/UNITS
1 of 1
06 2689300
EXHIBIT `B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 54057-8
O RAN GE\M X M \217 5 9. 118
06 2639300
Rosedale Builder/ Master Developer Responsibility Exhibit
Builder Responsibilities:
>� View fencing (Credit from developer)
Masonry fencing (Credit from developer)
Masonry fencing (No credit)
Dry utilities, street lights
Streets improvements (all)
Parkway landscaping & trees
+.�... Water (goes off site, see plan for POC)
Sewer (goes off site, see plan for POC)
.rte Storm drain (goes off site, see plan for POC)
HOA rear yard slope
Tract 54057-8
6-19-06
Master Developer Responsibilities:
® Slope / landscaping
Any retaining walls per
rough grading plan
06 2689300
ROSEDALE
AT P
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL/TRACT NO. S `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: $ see enclosed copy, the
originals submitted to Roy Bruckner, July 14, 2006
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ see enclosed copy
, the originals submitted to Roy Bruckner, July 14, 2006
Surety:
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $_
September 15, 2006
Amount deposited per Cash Receipt No.
ORAN GE\M XM\21759. 119
2800.00 Check #1036 dated
Date:
06 2680300
onI
Date: July 14, 2006
To: Roy Bruckner
Shipped via: Fed Ex
Faithful Performance bond of $1,486,00
T -i
i.auui ana materials bond of $743,000
Additional Comments:
Fieldstone Communities, Inc.
2 Ada, Irvine, CA 92618
949.790.5408 FAX 949.453.0422
e-mail:barba fieldstone-omorxi�
TRANSMITTAL
From: Barbara Alexander
Job Name: Greenbriar
Improvement Bond
Tract 54057-8
Job Location: Rosedale Projects
06 2659300
BOND NO. SU 5017504
INITIAL PREMIUM: $14,_860.00
SUBJECT TO RENEWAL
CITY OF AZUSA
PARCEL/TRACT MAP NO.54057-08 IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California ("City") and Starfield
Azusa Greenbriar.. L.L.C._ _____ __ __ ("Principal'), have executed an agreement
for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment,
services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains,
sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all
other required facilities for Parcel/Tract Map No. 54057-08 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more
particularly set forth in that certain Agreement for Completion of Pubic Improvements dated
("Improvement Agreement');
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a
good and sufficient bond for performance of the Improvement Agreement, and to guarantee and
warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Arch Insurance Company
("Surety"), a corporation organized and existing under the laws of the State of
Missouri , and duly authorized to transact business under the laws of the State
of California, are held and firmly bound unto City in the sum ofOne million*dollars
($_ 1;486,000-00 ), said sum being not less than one hundred percent (100%) of the total
cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves,
our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents. *four hundred eighty six thousand and no/100
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, agreements, guarantees, and
warranties in the Improvement Agreement and any alteration thereof made as therein provided,
to be kept and performed at the time and in the manner therein specified and in all respects
according to their intent and meaning, and to indemnify and save harmless City, its officers,
ORANGE\MXM\21759. 120
06 26&9300
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 therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et sed, 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, CA this 13th day of
July ., 2006.
See attached signature page
Principal
By:
President
ARCH INSURANCE COMPANY
Sureta
]
By: � C� � _l'
Attorney -in /Fact
Rhonda C. Abel
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
O RAN G E\M X M\21759. 121
0� 26$9300
STARFIELD AZUSA GREENBRIAR,L.L.C,
a Delaware limited liability company
By: Fieldstone Homes Southern California -Southern Counties, LLC,
Its: Administrative Member
B y : fiG[� 7'ZttM.Cc.�!
Name: NiCpl-e_
Title: AtnLStLn�
06 2689399
State of California ACKNOWLEDGEMENT
County of Orange
On "�� — before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared Rhonda C. Abel
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESSmy hand and official seal. JERI APODACA
- Comm. # 1379729 1A
NS}iAAY PI78iIC r.A{Ir0RNIA !+
Signature ' opanga ccunly
—_ My Comm Npiin On 17, 7006 F
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
L_i INDIVIDUAL
1 CORPORATE OFFICER
❑ PARTNER(S)
TITLE(S)
] LIMITED
i� GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
S-4067/GE 1/06
DESCRIPTION OF ATTACHED DOCUMENT
...............
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
06 2689300
BOND NO. SU 5017504
IN]TIALPREMIUM: included rge for Performance Bond
SUBJECT TO RENEWAL
CITY OF AZUSA
PARCEL/TRACT MAP IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California ("City") and Starfield
Azusa Greenbriar, L.L.C. ("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 Parcel/Tract Map No. 54051-08 ("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
("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required to fumish a bond in connection with the
Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay
for any materials, provisions, or other supplies, or terms used in, upon, for, or about the
performance of the Public Improvements, or for any work or labor done thereon of any kind, or
for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of
Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on
this bond will pay the same together with a reasonable attorney's fee in case suit is brought on
the bond.
NOW, THEREFORE, Principal and Arch Insurance Company("Surety"), a
corporation organized and existing under the laws of the State of Missouri ,
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City and to any and all material men, persons, companies or corporations
furnishing materials, provisions, and other supplies used in, upon, for or about the performance
of the Public Improvements, and all persons, companies or corporations renting or hiring teams,
or implements or machinery, for or contributing to the Public Improvements to be done, and all
persons performing work or- labor upon the same and all persons supplying both work and
materials as aforesaid excepting the Principal, the sum of Seven hundred* DOLLARS,
ORANGE\MXN4\21759.122 *forty three thousand and no/100
06 26893010
($ 743,000.00 ], said sum being not less than 100% of the total cost of the Public
Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for
any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay
any of the persons named in California Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant,
or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the contractor and his subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and
labor, and all other applicable laws of the State of California and rules and regulations of its
agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified
herein.
As part of the obligation secured hereby, and in addition to the face amount
specified therefor, 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 sem. of the
California Government Code as security for payment to contractors, subcontractors, and persons
furnishing labor, materials, or equipment for construction of the Public Improvements or
performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
California Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
ORANGE\MXM\21759. 123
06 2689300
�o
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, CA this 13th day of
July , 2006,
See attached signature page
Principal
By:
President
(print name)
ARCH INSURANCE COMPANY
Surety
BY• `� Cr
Attorney -in -Fact
Rhonda C. Abel
(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.
ORAN G G\MXM\21759. 124
06 2689300
31
STARFIELD AZUSA GREENBRIAR,L.L.C,
a Delaware limited liability company
By: Fieldstone Homes Southern California -Southern Counties, LLC,
Its: Administrative Member
By: �-
Name; _ Gold fALAV-V-D.�
Title S M+C' V'y
06 2689300
3�
State of California ACKNOWLEDGEMENT
County of Orange
On — -- p before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared Rhonda C. Abel
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. ocky
JtRI APo[IACe,Colnn. N 137 7?9
Signature so-�ot„rY PUI,I.Ic' CALlFonralA
Comm F.spile, 0,1, 1) 20016 `
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S)LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
S-4067/GE 1/06
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
06 2639300
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, Ashley Ward,
Grace Reza and Rosa E. Rivas of Irvine, CA (EACH)
its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City., Missouri
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
06 2089300
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, tha Co, ,zany has Gaused tNs to be signed and its corporate seal to be affixed by their
authorized officers, this . 9th day of _ May 2006
Arch Insurance Company
Attested and Certified
V,iaf1C8 C
r�
.0 CORPORATE
SEAL
1911 L
Martin J. Nllserlrlecretary Edward M. Ti us ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEQ, ESQ.
Notary Pubite. State of New York
No, 02CA6109336 pe r J. Nota ublic
Lh•:lified In New York County
Comrnlssion Expires nay 3. 2008 My commiss expires 5-03-2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY !".r'.- r-P=^rI have h6rnpimt^ &P�ve-ribed ^; name and affil d the corporat se I of the Arch Insurance
Company on this _ 1?h ay of _ ~� 20.0 i
Martin J. Nils, X', Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
06 2689300
ranee C,o
CORPORATE 'D
SEAL
1971
SII&fOYfl
Page 2 of 2 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On July 14, 2006 , before me, M. Keating, Notary Public, personally appeared
Nicole Murray , Z personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for s j State
M. KFAITNG
(SEAL) Commission # 144944
WIMYComm.
Notary Pub;lc - Callfomla
Orange County
Expires Sep30, 2007
06 26893'9
3�n
r
ru
ria
O
O
w
w
.a
C)
Q
m[Ay�
g@
D
^�
2
r.
o�
� m
a 0
�;n
y
?E
Ill h
boq
N G7
0-n
Xn
W
Do c
co
m
m ? w
CD
P•
O
t'
Z
o
o
W
b
Na
�-
nv
N
n
nO
N
m
X
�,I7G.
06 2689300
v7
D
^�
2
r.
o�
Xn
2
co
X
CD
O
O
Z
o
o
�,I7G.
06 2689300
v7
Or
September 14, 2006
Elroy L. Kiepke
City Engineer
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
Subject: City of Azusa
Tract No. 054057-8
Monument Bond Estimate
Dear Mr. Kiepke:
3i
JN 10-103800
This letter is to inform you that the monument bond amount for City of Azusa Tract No. 054057-
8 has been established at $2,800.
If you should have any questions or need additional information concerning this matter, please
call John Pfeifer at 949/855-5742.
Sincerely,
Gregory A. Helmer, L.S. 5134
Senior Vice President, Mapping and Survey
HApdata\10103800\ADMIN\correspondence\Tr054057-8- Mon -bond.doc
6 268930
BOND NO. SU 5017504
INITIAL PREMIUM: $14,860.00
SUBJECT TO RENEWAL
CITY OF AZUSA
PARCEL/TRACT MAP NO.54057-08 IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California ("City") and Starfield
Azusa Greenbri L.L.G.("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 Parcel/Tract Map No. 54057-08 ("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
("Improvement Agreement');
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a
good and sufficient bond for performance of the Improvement Agreement, and to guarantee and
warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Arch Insurance Company
("Surety"), a corporation organized and existing under the laws of the State of
Missouri and duly authorized to transact business under the laws of the State
of California, are held and firmly bound unto City in the sum ofOne million*dollars
($1,486,000.00 ), said sum being not less than one hundred percent (100%) of the total
cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves,
our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents. *four hundred eighty six thousand and no/100
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, agreements, guarantees, and
warranties in the Improvement Agreement and any alteration thereof made as therein provided,
to be kept and performed at the time and in the manner therein specified and in all respects
according to their intent and meaning, and to indemnify and save harmless City, its officers,
O RANGE\M XM\21759. 12.0
06 2689300
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 therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seq. of the
Government Code of California as security for performance of the Improvement Agreement and
security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto
affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its
duly authorized Attorney -in -Fact at Irvine. CA this 13th day of
.lulu , 2006 -
See attached signature page
ARCH INSURANCE COMPANY
Principal Surety
Attorney -in -Fact
Rhonda C. Abel
(print name)
III
President
(print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS
BY PRINCIPAL AND SURETY, AND A COPY OF
ATTORNEY TO LOCAL REPRESENTATIVES OF
COMPANY MUST BE ATTACHED TO THIS BOND.
O RANGE\MX M\21759. 121
OF EXECUTION
THE POWER OF
THE BONDING
06 2689300
STARFIELD AZUSA GREENBRIAR,L.L.C,
a Delaware limited liability company
By: Fieldstone Homes Southern California -Southern Counties, LLC,
Its: Administrative Member
By: It"' P& Lim.
Name: WiWte1\1tAv-v-&,
Title: A8ml5tow\I 5 Yefo�w�
06 2089300
J'.
ACKNOWLEDGEMENT
State of California
County of Orange
On f before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared Rhonda C. Abel
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. ° ' JERIAPOD Ca
rp COMM. 11379729 fp
0'TAM POPLIC CALIFORNIA u{
Signature Ceuajy
fav Camm ixpiias pee. I�, tO06 "k
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
[. CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(s)
❑ PARTNER(S) _� LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
[.] GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
----------------
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
06 2689300
�3
BOND NO. SU 5017504
INITIAL PREMIUM: included in charge for Performance Bond
SUBJECT TO RENEWAL
CITY OF AZUSA
PARCEL/TRACT MAP IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California ("City") and Starfield
Azusa Greenbriar L.L.C. ("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 Parcel/Tract Map No. 54057-08 ("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
("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required to famish a bond in connection with the
Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay
for any materials, provisions, or other supplies, or terms used in, upon, for, or about the
performance of the Public Improvements, or for any work or labor done thereon of any kind, or
for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of
Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on
this bond will pay the same together with a reasonable attorney's fee in case suit is brought on
the bond.
NOW, THEREFORE, Principal and Arch Insurance Company("Surety"), a
corporation organized and existing under the laws of the State of Missouri
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City and to any and all material men, persons, companies or corporations
furnishing materials, provisions, and other supplies used in, upon, for or about the performance
of the Public Improvements, and all persons, companies or corporations renting or hiring teams,
or implements or machinery, for or contributing to the Public Improvements to be done, and all
persons performing work or labor upon the same and all persons supplying both work and
materials as aforesaid excepting the Principal, the sum of Severs hundred* DOLLARS,
ORANGE\MXM\21759.122 *forty three thousand and no/100
06 2080800
($ 7+3,000.00 ], said sum being not less than 100% of the total cost of the Public
Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for
any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay
any of the persons named in California Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant,
or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the contractor and his subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and
labor, and all other applicable laws of the State of California and rules and regulations of its
agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified
herein.
As part of the obligation secured hereby, and in addition to the face amount
specified therefor, 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 seq. of the
California Government Code as security for payment to contractors, subcontractors, and persons
furnishing labor, materials, or equipment for construction of the Public Improvements or
performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
California Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
0RANGE\MXM\21759, 123
06 2689300
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, CA this 13th day of
Jul , 2006 .
See attached signature page
Principal
LN
(print name)
ARCH INSURANCE COMPANY
Surety p-
By: /
Attorney -in -Fact
Rhonda C. Abel
(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.
06 2689300
ORANGENW\2I759. 124
STARFIELD AZUSA GREENBRIAR,L.L.C,
a Delaware limited liability company
By: Fieldstone Homes Southern California -Southern Counties, LLC,
Its: Administrative Member
By:
Name:
Title:iS+pl
06 2689309
State of California
County of Orange
On 7 12
personally appeared Rhonda C. Abel
ACKNOWLEDGEMENT
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
�/
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. JEiAPODACA
---
Conm). d 1375723 in
Signature
1 'tom ifOIARY Pl18Lff C4!iF(1AtliA +
g
r + AY Lamm 40br otiltiAon e''
(Seal)
OPTIONAL
,
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
�.J INDIVIDUAL
I_1 CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S)LIMITED
GENERAL
X ATTORNEY-IN-FACT
TRUSTEE(S)
[, GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
06 2689300
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, Ashley Ward,
Grace Reza and Rosa E. Rivas of Irvine, CA (EACH)
its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00MI_0013 00 03 03
Page 1 of 2 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On TLi1y 14� 2046 , before me, M. Keating, Notary Public, personally appeared
Nicole Murra , G personally known to me to be. the person whose narne is subscribed
to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
M. -I 6LL�nc'-1 --
W,Zary Public in and for s ' State
M. KFArNG
(SEAL)_QMv
Commisslvn # 1442944
NotaryRubiir.. callfomlaOrange cZp
Comm. Expirfas 0,20071•���
06 2689390