HomeMy WebLinkAbout10 - Agreement for Parcel Map NP2001-010June 11, 2002
CITY COUNCIL AGENDA
ITEM NO. 10
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR PARCEL MAP NP2001 -010
(COUNTY PARCEL MAP NO. 2001 -140)
LOCATION: NORTHEASTERLY CORNER OF BISON AVENUE AND MACARTHUR
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.
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 $8,750 with the City to cover the cost of inspection and plan check fees.
Respectfully SubrrPed i
Stephen'G: Badum
PubliccWWoorks Director
By:
Richard . I offstadt, P.E.
Development Engineer
Attachment: Site Plan
Subdivision Agreement and Bonds
BaIdauf Canon Von Eckambug Archiu=s
The Bluffs Commercial Center
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PROPOSED SUE PLAN
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PROPOSED SUE PLAN
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 rVw, rcc! , W", by
and between Iffy. TRVTNT?.. rompANY , 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
snaps, 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 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
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 ) to guarantee the
performance of this Agreement. The SUBDIVIDER shall provide security in the amount of
ane 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 ($ NIA ) to guarantee
installation of Subdivision monuments required by law. Said security shall be in the form of
(Bond Nos. /C-ertificate-- -of --- Deposit-- -Nos
Faithful Performance & L &M "birdWg- 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.
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
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/&92
CITY OF NEWPORT BEACH,
a municipal corporation
By:
Mayor
SUBDIVIDER
THE IRVINE COMPANY, a Delaware corporation
By: e�G of �4st-�
Keith yric
P si ent, Retail Properties
By-
David M Fields
Vice President, General Counsel and
Assistant Secretary, Retail Properties
EXECUTED IN TRIPLICATE Bond No. 28 -59 -96
CITY OF NEWPORT BEACH Premium: $725.00
SUBDIVISION FAITHFUL PERFORMANCE BOND The Irvine Company,
a Delaware corporation
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and //
, hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the
State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install
and complete certain designated public improvements which said agreement, dated , 200_, and identified
as Agreement for Construction of Improvements (Resubdivision/Tract No. _AL), is hereby referred to and made a
part hereof (the "Agreement ") ; and Parcel Map No. 2001 -140
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful
performance of the Agreement,
American Home 777 S. Figueroa, 18th Fl, L
NOW, THEREFORE, We the Principal and Assurance Companyas surety whose place of business is /
Angeles, CA 9001icorporation organized and doing business under and by virtue of the laws of the State. of New
York , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole
surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly
bound unto the City of Newport Beach and all contractors, subcontractors laborer, materi�en, and other persons
employed in the performance of the Agreement in the penal sum of �$a„Ha° ra dF �i�/ O== 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, 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
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BY �1
y As n, Att rney -iTct
and
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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
Cc
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Commissic
Los Anc 5les Ccuny
My Ccmm. &zp:ras Apr 18.2W3 Maria Pena
Y
,CALIF.ORNIA. P►L• L- PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On Q�-k,ar��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.
Iy„♦ 1[
American Home Assurance Company 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
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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 17th day of Se tember, 2001.
Michael C. Fay, Vic President
DOROTHYL.PARKER
Notary ppPublic. State of New York
Oualfied iO RA6069d jounry
Commission Expires June 25. 0_
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
We 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
jEliz4abeth M. Tuck, Secretary
�.vsr'� 9j+EUxcx. °'
65166 (4196)
Bond No. 28 -59 -96
EXECUTED IN TRIPLICATE Premium charged is included in
CITY OF NEWPORT BEACH charge for performance bond
SUBDIVISION LABOR AND MATERIALS BOND
V�H S, (fie City Council of the City of Newport Beach, County of Orange, State of California, and
The Irvine o , fi
Dela -- -�'- —n ereinafter 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 Nox ),
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 W&cipal and Assurance CompanWs 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 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, materialm n, 2nd o er pper� ons employed in the performance of the aforesaid Agreement in the
penal sum of
One NO�/iOBive- 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 shall 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 2 The Irvine Company, a Delaware corporation
Approved as to Sufficiency:
Public Works Director
Approved as to Form:
City Attorney
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"David M. Fields, Vice President, General Counsel and
Assistant Secretary, Retail Properties
American Home Assurance Company
By— JW4;
Tracy A on, Attorney -in -Fact
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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.
MAF.iA PENA
° Commission m 1216°83 z
i '® Notary Public— Coliforrla Maria Pena
x - Los Angeiles County
My Comm. Expires Ap! 18, 2093
American Home Assurance Company 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
STATE OF NEW YORK }
COUNTY OF NEW YORK )ss.
C-a ONE �S4Yy -_A �f �
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 Se tember, 2001.
Michael C. Fay, Vic President
rP�Slate oNotay bI yo
No. m hOualilie A i cnitin CouNy
Commssion bpiresJune25.A.�—
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, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 19th day of March 2002
- e
Nyx iRF 'dy
Elizabeth M. Tuck, Secretary
P �nYSBVVC�N. a�
65166 (4196)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On rc\c, �a j;, 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.
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