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HomeMy WebLinkAboutC-3536 - Subdivision Agreement guaranteeing completion of the public improvements required with Parcel Map NP2001-010AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS (COUNTY PARCEL MAP NO. 2001440) (CITY PARCEL MAP NO. NP2001 -010) THIS AGREEMENT, made and entered into this ��day of Yv-<� c'c,t -N , at 99 by and between THP. TRVTNp r ompANV , a Delaware corporation whose business address is 550 Newport Center Drive, Newport Beach, CA and if an individual, whose residence address is hereinafter referred to as "SUBDIVIDER" and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY'; WITNESSETH: WHEREAS, SUBDIVIDER proposes to subdivide land within the City of Newport Beach to be known as County Parcel Map No. 2001 -140 .(hereinafter the "Subdivision ") pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision :slaps, collectively referred to in this Agreement as the "Subdivision Laws.'; and WHEREAS, Subdivision has been approved, subject to the Subdivision Laws and to certain requirements_ and conditions of approval, which are incorporated into this Agreement by reference ( "Conditions of Approval "); and WHEREAS, in consideration of approval of the Subdivision by the CITY, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, street and other public improvement work required by the conditions of approval in connection with the proposed subdivision, (the "improvements ") which Improvements, without limitation by enumeration consists of: The above description of items is understood to be only a general description of the_ Improvements, and not a binding description. WHEREAS, complete plans for the construction, installation and completion of the Improvements shall be prepared by SUBDIVIDER and approved by the City Engineer, (the "Improvement Plans "). All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer, and 1 WHEREAS, SUBDIVIDER recognizes that by approval of the reap for the ' Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the Improvements by SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to commence construction of the Improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law. It is specifically recognized that the determination of whether a reversion to acreage or recision of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of the CITY; and WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal Code provide for an Agreement containing certain provisions as hereinafter set out. NOW, THEREFORE, in consideration of their mutual promises, the Parties hereto agree as follows: 1. SUBDIVIDER agrees to comply with all requirements of the Conditions of Approval and with the provisions of the Subdivision Laws. 2. SUBDIVIDER agrees to complete all Improvements in accordance with Improvement Plans approved by the City Engineer, including all improvements required by the Municipal Code which were not specifically waived by the Planning Commission or City Council approving the subdivision, plus any additional improvements required by the Planning Commission or City Council as a condition of approving the subdivision. SUBDIVIDER shall acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -of -way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of offsite rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision. SUBDIVIDER agrees to complete the Improvements within a period of 24 months from the date hereof, unless the time is extended by the CITY upon written application of the SUBDIVIDER. The making of an application for an extension of time by the SUBDIVIDER shall, upon the granting of the application by the CITY, constitute a waiver by the SUBDIVIDER of all defenses of [aches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the CITY within the period of four (4) years immediately following the date to which the time of performance was extended. 3. The Improvements shall be completed to the satisfaction of the City Engineer of CITY, and SUBDIVIDER shall pay the costs of inspection of the work in accordance with the established schedule of charges for inspection heretofore adopted and on file in the office of the Public Works Director. 4. If SUBDIVIDER shall fail to complete the Improvements within the period set out above, or fails to reimburse the CITY for the cost of inspection, CITY may resorl to any security deposited by SUBDIVIDER in accordance with Section 19.16.170 of • the Newport Beach Municipal Code or call upon the surety for SUBDIVIDER to pay for the Improvements or to supply the money for the completion of the Improvements in accordance with this Agreement and the provisions of the Newport Beach Municipal Code. SUBDIVIDER shall also be responsible for the Improvements and the cost thereof. 5. It is further understood and agreed that upon default of any obligation hereunder, and at any time any such default, the CITY may make written demand upon the SUBDIVIDER or surety or both to immediately remedy the default or complete the work. If the remedial activities or completion of work are not commenced within seven (7) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the making of such demand (or such other time as may be contained in said demand), the CITY may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of the CITY may be required, all at the full expense and obligation of the SUBDIVIDER and SUBDIVIDER's surety and all without the necessity of giving any further notice to the SUBDIVIDER or surety before the CITY performs or arranges for performance of any remaining work to complete the Improvements, and whether the SUBDIVIDER or surety have constructed any of the required Improvements at the time. In the event the CITY elects to complete or arrange for completion of remaining work and improvements the City Engineer, upon such election, may require all work by the SUBDIVIDER or surety to cease in order to permit adequate coordination by the CITY for completing any remaining work and improvements not yet completed. 6. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this agreement by furnishing to CITY security in the amount of one hundred forty five thousand dollars ($ 145.000 1 to guarantee the performance of this Agreement. The SUBDIVIDER shall provide security in the amount of one hundred forty five thousand dollars ($ 145.000 ) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. In addition, the SUBDIVIDER shall provide security in the amount of N/A dollars ($ N/A ) to guarantee installation of Subdivision monuments required by law. Said security shall be in the form of (Bond Nos. /GeRifieate- -bf- -- Deposit - -Nos Faithful Performance & L &M X ad_`4k f1- 59 -96). 7. The SUBDIVIDER promises and agrees to maintain all of the Improvements to be constructed under this Agreement in a state of good repair, until all of the work and Improvements are completed and accepted by or on behalf of the CITY and until the security for the perfomtance of this Agreement is released. Maintenance of the Improvements shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; and - shall also include, but not be limited to by this enumeration, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. Upon failure of the SUBDIVIDER to properly maintain, the CITY may do all necessary work required by this paragraph, the cost thereof being chargeable to the SUBDIVIDER and his surety under this Agreement. 3 8. The securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work. b. Security given to secure payment to the contractors, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. 9. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of the CITY in connection with the performance of SUBDIVIDER's obligations under this Agreement. 10. Subdivider guarantees and warranties the Improvements for a period of one year following completion and acceptance of the Improvements, against any defective work or labor done to construct the Improvements or defective materials furnished. 11. Indemnity /Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the negligent or intentional acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. 12. CITY shall not be responsible for the design or construction of the subdivision or the Improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or- map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance and malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 13. If the SUBDIVIDER and the surety fail to install all or any part of the Improvements required by this Agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the CITY for any administrative expenses and attorney's fees and costs incurred in obtaining compliance with this Agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. IN WITNESS WHEREOF, SUBDIVIDER has executed this Agreement and the CITY OF NEWPORT BEACH has caused its corporate name and seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and year first above written. ATTEST: �0M -/ � City Clerk APPROVED AS TO FORM: 310 IMPROVE.AGT 10/8/92 CITY OF NEWPORT BEACH, a municipal corporation By: Mayor SUBDIVIDER THE IRVINE COMPANY, a Delaware corporation By: e. z e; �4Z4.' Keith yric P si ent, Retail Properties By David M Melds Vice President, General Counsel and Assistant Secretary, Retail Properties EXECUTED IN TRIPLICATE • • Bond No. 28 -59 -96 CITY OF NEWPORT BEACH Premium: $725.00 SUBDIVISION_ FAITHFUL PERFORMANCE BOND The Irvine Company, a Delaware corporation WHEREAS, the City Council of the City of Newport Beach. County of Orange, State of California, and // , hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public improvements which said agreement, dated , 20Q_, and identified as Agreement for Construction of Improvements (Resubdivision/Tract No. ), is hereby referred to and made a part hereof (the "Agreement") ; and Parcel Map No. 2001 -140 WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, American Home 777 S. Figueroa, 18th Fl, Los NOW, THEREFORE, We the Principal and Assurance Companyas surety whose place of business is / Angeles, CA 90OWcerporation organized and doing business under and by virtue of the laws of the Stale of New York , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors tat rer , tateng en, and other persons employed in the performance of the Agreement in the penal sum or ��R, rand ��i��0 °- eDollars ($145,000.Op lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly be these presents. The condition of this obligation is that if the above bound Principal, his, her or its heirs, executors, administrators, successors, or assigns, shalt in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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, included reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The Surety and Principal further agree in the event the work and improvements are not completed with the time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. 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 some shall in anywise affect its obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on March 19,2002, The Irvine Company, a Delaware corporation Approved as to Form: F:tUserslPB W %DHoffstadNIGSUBO•PER.BND BY Tra—cy As,06n, Atterr n ey- n- ac and i. 0 State of California County of Los Angeles 0 On March 19, 2002 before me, Maria Pena, Notary Public personally appeared Tracy Aston 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 acknowledged 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. MARIA PENA Commission k 1216383 z z`"'m No1Gy PVai�— California a Los Angsies County My Comm. &po fes Apr 18. 2003 Maria Pena i Y State of California County of Orange On zn aa,� before me, Cristo Jo Fischbeck, Notary Public, personally appeared Keith C. Eyrich and David M. Fields personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the with instrument and acknowledged 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. 1 ' o. • n �. My 1 ` AA'merican Home Assurance ComMW POWER OF ATTORNEY National Union Fire Insurance CMany of Pittsburgh, Pa. t , Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B -01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa, a Pennsylvania corporation, does each hereby appoint -- -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California— 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 respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa, have each executed these nresents N,pN ilRf ,4 1 p �RHVRLN°O STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 17th day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personalty known to he the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 17th day of September, 2001. A-d,� L�Z- -- Michael C. Fay, Vic President Vjj ,-� ,4, DOROT14Y I. PARKER Notary Public. Stale of Nets Yak Owld� in Richmond County Comn6ssion Expires June 25,P=,;- CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, suid date to be not later than the date of delivery thereof by such Attorney -in- Fact." 1, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attomey issued pursuant thereto, are tme and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 19th day of March 2002 e! b i F m Vi— iabeth M. Tuck, Secretary rtv.`a 65166 (4196) EXECUTED IN TRIPLICATE I • 0 Bond No Premium CITY OF NEWPORT BEACH charge SUBDIVISION LABOR AND MATERIALS BOND 28 -59 -96 charged is included in for performance bond VtHgPR�S, the City Council of the City of Newport Beach, County of Orange, State of Califomia, and The Irvine o , Dela�W an hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the Newport Beach Municipal Cade whereby Principal agrees to install and complete certain designated public improvements which said agreement, dated 200_, and identified as Agreement for Construction or Improvements (Resubdivision/rract No,," ) is hereby referred to and made a part hereof (the "Agreement "); and Parcel Map No. 2001 -140 WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the performance of the Agreement. American Home NOW, THEREFORE, We Wfipcipal and Assurance Comparft surety whose place of business is _ 777 S. Figueroa, 18th Fl, Los Angeles, CA, a corporation organized and doing business under and by virtue of the laws of the State of New York , and duly licensed by the State of Califomia for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, nd othere ons employed in the performance of the aforesaid Agreement in the penal sum of _IM, An�ran tFU0 0 ?O ve- Dollars $145,D00. ( 10or equipment and materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount hereinbefore set forth, and also if suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. 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 Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shalt be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on March 19 .200? The Irvine Company, a Delaware corporation Approved as to Director App rov s to Form: City Attomey F.1Users%P8 W0Hof}stadMQSU80 -LBM. 13 ND David M. Fields, Vice President, Gene. Assistant Secretary, Retail Propertie. American Home Assurance Company S ty By Tracy Aston, Attorney- in -Fae.t and u State of California County of Los Angeles on March 19, 2002 before me, Maria Pena, Notary Public , personally appeared Tracy Aston 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 acknowledged 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. MARIA PENA , _ Commission # 1216383 z "® Notory Pubic — California > Maria Pena Los Angeles County My Comm. Expires Apr 18, 2003 AT rican Home Assurance Com POWER OF ATTORNEY National Union Fire Insurance Many of Pittsburgh, Pa. ,. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B -01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint -- -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California - -- 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 respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these oresents H flRf ,Y a,E ,ssue.,� '• p�� r j £ �'• ��EauncH. °r STATE OF NEW YORK I COUNTY OF NEW YORK Iss. On this 17th day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 17th day of September, 2001. A,�j Michael C. Fay, Vi i President DOROTHY L. PARKER Nola ry Public. State of New Yak Qualifieeddin Richrtnd County Commission Expires dune 25.gJ�- Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 19, 1976: 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction oFits surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact." I, Elizabeth M. Tuck, Secretary of .American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are we and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of each corporation this 19th ®day of March 2002 .. a E R L490..� Q� Q fRE Elisabeth M. Tuck, Secretary •,m ,3n 65166 (4/96) State of California County of Orange On mc, «ti :1 I before me, Cristy Jo Fischbeck, Notary Public, personally appeared Keith C. Eyrich and David M. Fields personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the with instrument and acknowledged 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. M'1• • �.I - �F C33/yLt) C -353 June 11, 2002 CITY COUNCIL AGENDA ITEM NO. io TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT� SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR PARCEL (COUNTY PARCEL MAP NO. 2001-140) LOCATION: NORTHEASTERLY CORNER OF BISON AVENUE BOULEVARD (1300 BISON AVENUE) DEVELOPER: The Irvine Company RECOMMENDATIONS: Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Parcel Map NP2001 -010. 2. Authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Parcel NP2001 -010 is located on the northeasterly corner of Bison Avenue and MacArthur Boulevard in the Bonita Village area. The conditions of approval required the construction of street improvements along the Bison Avenue frontage. The developer desires to record the parcel map prior to completion of the public improvements. In order to guarantee completion of the public improvements, the developer executed an appropriate Agreement and provided the accompanying security in the form of bonds. The Agreement establishes the developer's obligation to complete the public improvement construction. A Faithful Performance Surety and a Labor and Materials Surety in the amount of $145,000 each will cover the estimated cost of the improvements. The developer deposited a check in the amount of $$,750 with the City to cover the cost of inspection and plan check fees. Respectfully Submitted Stephen "G. Badum� Publics oorrks Director By:1 Richard CKoffstadt, P.E. Development Engineer Attachment: Site Plan Subdivision Agreement and Bonds T- iou=: Ralftuf The Bluffs Commercial Center wco — — - — — - — — - — — - — '8Z /a r"V/ - elew PROPOSED SITE PLAN / t q. al T- iou=: Ralftuf The Bluffs Commercial Center wco — — - — — - — — - — — - — '8Z /a r"V/ - elew PROPOSED SITE PLAN 0 0 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS (COUNTY PARCEL MAP NO. 2001 -140) (CITY PARCEL MAP NO. NP2001 -010) THIS AGREEMENT, made and entered into this �day of r-w rc,K ,at4f by and between THE TRVTNp enMPANY a Dplaware corporation whose business address is 550 Newport Center Drive, Newport Beach, CA and if an individual, whose residence address is hereinafter referred to as "SUBDIVIDER" and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY"; WFTNESSETH: WHEREAS, SUBDIVIDER proposes to subdivide land within the City of Newport Beach to be known as County Parcel Map No. 2001 -140 ,(hereinafter the "Subdivision ") ;pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps, collectively referred to in this Agreement as the "Subdivision Laws.'; and WHEREAS, Subdivision has been approved, subject to the Subdivision Laws and to certain requirements and conditions of approval, which are incorporated into this Agreement by reference ( "Conditions of Approval "); and WHEREAS, in consideration of approval of the Subdivision by the CITY, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, street and other public improvement work required by the conditions of approval in connection with the proposed subdivision, (the "Improvements ") which Improvements, without limitation by enumeration consists of: The above description of items is understood to be only a general description of the_ Improvements, and not a binding description. WHEREAS, complete plans for the construction, installation and completion of the Improvements shall be prepared by SUBDIVIDER and approved by the City Engineer, (the "Improvement Plans "). All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer, and 1 0 0 WHEREAS, SUBDIVIDER recognizes that by approval of the map for the Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the Improvements by SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to commence construction of the Improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law. It is specifically recognized that the determination of whether a reversion to acreage or recision of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of the CITY; and WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal Code provide for an Agreement containing certain provisions as hereinafter set out. NOW, THEREFORE, in consideration of their mutual promises, the Parties hereto agree as follows: 1. SUBDIVIDER agrees to comply with all requirements of the Conditions of Approval and with the provisions of the Subdivision Laws. 2. SUBDIVIDER agrees to complete all Improvements in accordance With Improvement Plans approved by the City Engineer, including all improvements required by the Municipal Code which were not specifically waived by the Planning Commission or City Council approving the subdivision, plus any additional improvements required by the Planning Commission or City Council as a condition of approving the subdivision. SUBDIVIDER shall acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -of -way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of offsite rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision. SUBDIVIDER agrees to complete the Improvements within a period of 24 months from the date hereof, unless the time is extended by the CITY upon written application of the SUBDIVIDER. The making of an application for an extension of time by the SUBDIVIDER shall, upon the granting of the application by the CITY, constitute a waiver by the SUBDIVIDER of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the CITY within the period of four (4) years immediately following the date to which the time of performance was extended. 3. The Improvements shall be completed to the satisfaction of the City Engineer of CITY, and SUBDIVIDER shall pay the costs of inspection of the work in accordance with the established schedule of charges for inspection heretofore adopted and on file in the office of the Public Works Director. 4. If SUBDIVIDER shall fail to complete the Improvements within the period set out above, or fails to reimburse the CITY for the cost of inspection, CITY may resort to any security deposited by SUBDIVIDER in accordance with Section 19.16.170 of 2 0 0 the Newport Beach Municipal Code or call upon the surety for SUBDIVIDER to pay for the Improvements or to supply the money for the completion of the Improvements in accordance with this Agreement and the provisions of the Newport Beach Municipal Code. SUBDIVIDER shall also be responsible for the Improvements and the cost thereof. 5. It is further understood and agreed that upon default of any obligation hereunder, and at any time any such default, the CITY may make written demand upon the SUBDIVIDER or surety or both to immediately remedy the default or complete the work. If the remedial activities or completion of work are not commenced within seven (7) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the making of such demand (or such other time as may be contained in said demand), the CITY may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of the CITY may be required, all at the full expense and obligation of the SUBDIVIDER and SUBDIVIDER's surety and all without the necessity of giving any further notice to the SUBDIVIDER or surety before the CITY performs or arranges for performance of any remaining work to complete the Improvements, and whether the SUBDIVIDER or surety have constructed any of the required Improvements at the time. In the event the CITY elects to complete or arrange for completion of remaining work and improvements the City Engineer, upon such election, may require all work by the SUBDIVIDER or surety to cease in order to permit adequate coordination by the CITY for completing any remaining work and improvements not yet completed. 6. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this agreement by furnishing to CITY security in the amount of one hundred foray five thousand dollars ($ 145.000 ) to guarantee the performance of this Agreement. The SUBDIVIDER shall provide security in the amount of nne hundred forty five thousand dollars ($ 145.000 _ ) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment'to them for the performance of the work herein described. In addition, the SUBDIVIDER shall provide security in the amount of NIA dollars ($ _NIA ) to guarantee installation of Subdivision monuments required by law. Said security shall be in the form of (Bond NcsXerti#'ieate - --of- -- Deposit - --Nos Faithful Performance & L&M 1iohd" #M- 59 -96). 7. The SUBDIVIDER promises and agrees to maintain all of the Improvements to be constructed under this Agreement in a state of good repair, until all of the work and Improvements are completed and accepted by or on behalf of the CITY and until the security for the performance of this Agreement is released. Maintenance of the Improvements shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; and - shall also include, but not be limited to by this enumeration, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. Upon failure of the SUBDIVIDER to properly maintain, the CITY may do all necessary work required by this paragraph, the cost thereof being chargeable to the SUBDIVIDER and his surety under this Agreement. 3 E 8. The securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work. b. Security given to secure payment to the contractors, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. 9. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of the CITY in connection with the performance of SUBDIVIDER's obligations under this Agreement. 10. Subdivider guarantees and warranties the Improvements for a period of one year following completion and acceptance of the Improvements, against any defective work or labor done to construct the Improvements or defective materials fumished. 11. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the negligent or intentional acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. 12. CITY shall not be responsible for the design or construction of the subdivision or the Improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. It is the 4 0 9 intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance and malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 13. If the SUBDIVIDER and the surety fail to install all or any part of the Improvements required by this Agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the CITY for any administrative expenses and attorney's fees and costs incurred in obtaining compliance with this Agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. IN WITNESS WHEREOF, SUBDIVIDER has executed this Agreement and the CITY OF NEWPORT BEACH has caused its corporate name and seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney IMPROVE.AGT 10!8192 CITY OF NEWPORT BEACH, a municipal corporation By: Mayor SUBDIVIDER THE IRVINE COMPANY, a Delaware corporation By: i G ej �2u Kelth C. Eyrich P sident, Retail Properties By- �- David M. elds Vice President, General Counsel and Assistant Secretary, Retail Properties EXECUTED IN TRIPLICATE WBond No. 28 -59 -96 CITY OF NEWPORT BEACH Premium: $725.00 SUBDIVISION FAITHFUL. PERFORMANCE BOND The Irvine Company, a Delaware corporation WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and _ hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public improvements which said agreement, dated , 200_, and identified as Agreement for Construction of Improvements (Resubdivision/Tract No. ), is hereby referred to and made a part hereof (the "Agreement ") ; and Parcel Map No. 2001 -140 E WHEREAS, Principal is required under the terms of the Agreement to fumish a bond for the faithful performance of the Agreement, American Home 777 S. Figueroa, 18th Fl, NOW, THEREFORE, We the Principal and Assurance Companyas surety whose place of business is / Angeles, CA 90OVcorporation organized and doing business under and by virtue of the laws of the State of New York , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontrac(1tors, Iab�rer�s, natenaJ(tmen, and other persons employed in the performance of the Agreement in the penal sum of TR,e.,Hcan rind�lrl0 >v7eOoltars ($145,000.Ojj lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly be these presents. The condition of this obligation is that if the above bound Principal, his, her 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 and provisions in the Agreement and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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, included reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The Surety and Principal further agree in the event the work and improvements are not completed with the . time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. 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 change, extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety.above named on March 19,2002. The Irvine Company, a Delaware corporation Approved as to Sufficiency: Public Works Director Approved as to Form: City Attorney F; mUsers\PB WSDHoffstadMGmSUBO- PERANO By Tracy As n, Att rney- in -•ac and 0 CALIFORNIAA LL P[JRPOSE aCICNOWLEDGtuIENTu�ry State of California County of Los Angeles On March appeared the basis 19, 2002 before me, Maria Pena, Notary Public , personally Tracy Aston personally known to me (or proved to me on of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged 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. MARIA PENA CCrt7 mission. $ 1216383 Cc:iiornia � r� Los Angeles Ccuniy My COMM. FJ- ;Cire< A;'r 13, 2W3 Maria Pena 0 0 State of California County of Orange On zn,a,,),before me, Cristy Jo Fischbeck, Notm Public, personally appeared Keith C. Eyrich and David M. Fields personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the with instrument and acknowledged 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. IM-M! American Home Assurance Compo • POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B -01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint - -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California -- 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 respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents sue this l7th day of September, 2001. a � S • ��m,RC ".•' Michael C. Fay, Vic President STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 17th day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. Notary Pu�blicc,, Slam New York No. 01PA608 i commsonExpi sJJuune25.� CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18,1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 19th day of March 2002 0 14 Tuck, Secretary 65 t66 (4196) EXECUTED IN TRIPLICATE Bond No Premium CITY OF NEWPORT BEACH charge SUBDIVISION LABOR AND MATERIALS BOND 28 -59 -96 charged is included ir . or performance bond The Irvine WS, tj�e City Council of the City of Newport Beach, County of Orange, Slate of California, ali and o , Dela ----- -------- :,,n eretnaftei designated as "Principal," are about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public improvements which said agreement, dated .200 and identified as Agreement for Construction of Improvements (Resubdivision/Tract No...� ), is hereby referred to and made a part hereof (the "Agreement"); and Parcel Map No. 2001 -140 WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the performance of the Agreement. American Home NOW, THEREFORE, We t%00 &cipal and Assurance Compaq surety whose place of business is _ 777 S. Figueroa, 18th Fl, Los Angeles, CA, a corporation organized and doing business under and by virtue of the laws of the State of New York , and duly licensed by the Stale of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California. are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, mate alm n, nd otthher a ons employed in the performance of the aforesaid Agreement in the penal sum of She gan�radd G ive_ Dollars ($145,000 -ror equipment and materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount hereinbefore set forth, and also if suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. 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 Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shalt be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on March 19 . 200? . The Irvine Company, a Delaware corporation Approved as to Sufficiency: Public Works Director Approved as to Form: City Attorney F % Users %PBVVZHothiadt'AGtSUBD- LBM.BND h C. Eyrich, President, Retail Properties David M. Pie� sident, General Counsel and Assistant Secretary, Retail Properties American Home Assurance Company /JS By Tracy As on, Attorney-in-Fact CALIF ORNIA.ALL:PURPQSE ACKNOWLEDGMENTy State of California County of Los Angeles On March 19, 2002 before me, Maria Pena, Notary Public , personally appeared Tracy Aston 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 acknowledged 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. MAR!A ^rENA � ° Commision n 121Q83 Noic.y Public — California _ Maria Pena Los kngeles County My Comm. empires ADr 18, 2603 American Home Assurance Cony POWER OF ATTORNEY National Union Fire Insurance Co pany of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B -01233 KNOW ALL MEIN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa,, a Pennsylvania corporation, does each hereby appoint - -Tracy Aston, Peter Arkley, C. K Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, .Marina Tapia, Clarice Lee: of Los Angeles, California— its true and lawful Attorneys) -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 respective company thereby. IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents µ" STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 17th day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this l7th day of Se tember, 2001. Michael C. Fay, Vi i President j ,-/ 1�/, OOAO)Aa AAI(Newym Note Pu l� Qualified to Richmond ft owy Comtnssion Evires June 25.g=�,_ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa, on May 18, 1976: 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are we and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of each corporation this 19th day of March 2002 �k ' — M. Tuck, Secretary • �R �S�W4M. �r . R 65t66 (4196) .. • • •CALI�'ORNIAti � �L` �?�L��tFO�SE ;�4GKNOVtWIIE�DGIINT State of California County of Orange On mc, cc -\c\ z1,' before me, Cristy Jo Fischbeck, Notary Public, personally appeared Keith C. Eyrich and David M. Fields personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the with instrument and acknowledged 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.