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17 - Corporate Plaza West - Resubdivision 1006
CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Keely 949 - 644 -3349 or dkeely @city.newport- beach.ca.us SUBJECT: Release of Surety For Corporate Plaza West (Resubdivision No 1006) - 1800 East Coast Highway Recommendation: 1. Accept the on -site roadway improvements constructed as conditioned by the Modification Permit issued on August 16, 1994, for Resubdivision 1006. 2. Authorize the City Clerk to release Faithful Subdivision Performance Bond No. 24 -15- 11 in the amount of $62,000.00 for the on -site and off -site improvements constructed as required by Subdivision Agreement for Corporate Plaza West, Resubdivision No. 1006. 3. Authorize the City Clerk to release Faithful Subdivision Performance Bond No. 24 -15- 12 in the amount of $16,000.00 for the on -site and off -site improvements constructed as required by Subdivision Agreement for Corporate Plaza West, Resubdivision No. 1006. Discussion: On August 16, 1994, the Modification Committee unanimously approved the request to resubdivide five existing parcels of land at Newport Centerinto three parcels involving property located in the U District and the P -C District subject to conditions. Condition 6, indicated, "That with the development of Corporate Plaza West, a private street be constructed between Farallon Drive and Club House Drive in order to provide vehicular access for the proposed parcels. That design of the private streets and drives shall conform with the City's Private Street Policy (L -4), except as approved by the Public Works Department. The location, width, configuration, and concept of the private street and drive system shall be subject to further review and approval by the Public Works Department." On May 23, 2000, The City Council approved a subdivision agreement guaranteeing completion of improvements, which includes the construction of a private street from Release of Surety 1800 East Coast Highway September 9, 2008 Page 2 Farallon Drive to Club House Drive (Bond No's. 12 -15 -11 and 24- 15 -12). The improvements required of the Owner have been inspected and are satisfactory for acceptance. The Owner has requested the release of the bonds. Environmental Review: Provisions of CEQA are not applicable. Prepared by: AX4V - avid Keely, P.E. Senior Civil Engine r Submitted by: J /A �, (Stephen G. Bad6m Public Works Director Attachments: Exhibit A - Surety Release Request By Owner Exhibit B - Modification Permit, date August 18, 1994 Exhibit C - Subdivision Agreement Staff Report, dated May 23, 2000 Exhibit D - Executed Faithful Subdivision Performance Bond No's. 24 -15 -11 and 24 -15 -12 i1i:' EXHIBIT A THE IRVINE COMPANY August 19, 2008. Mr. David Keely City of Newport Beach Senior Civil lingincer 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Subject: Bond release request Parcel Map 94 -102 - Corporate "Plaza West. Dear Mr. Keely: Back in March 2000, the livine Company posted two bonds with the City.of Newport Beach to guarantee ingress/egress improvements for PM 94 -102, The two bonds posted with the city are Bond #24 -15 -11 ($62, 000) and Bond #24 -15 =12 ($16;000). The improvements for the associated bonds are complete and final inspections have been issued by City staff. Please release/exonerate the above mentioned bonds at your earliest convenience. If you need additional information,.please do not hesitate to, contact me at (949) 720- 2000. Sincerely, Dan Dickinson Senior Director, Project Management Commercial Property Development Cc: Dan Miller lTilcol\use scricks \MYWC5iUickiilmo CityorNewpoit©eKWwd l:.xot ion letter CPW.dw 550 Newport Center Drive, Newport Beach, Celfforn(a.92660.7011 • (949) 720 -2000 i`�s�,4 / U. a6 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PLANNING DEPARTMENT 614= August 18, 1994 EXHIBIT B Application No: Resubudivision 1006 Applicant: The Irvine Company Address of Property Involved: 1800 East Coast I Iighway Legal Description: Parcel 1, 2, of 3 of Parcel Map 92/13 R- 14 and Lot A of Parcel Map 10/20 together with a potion of Block 93 of Irvine's Subdivision Modification Requested: Request to resubdivide five existing parcels of land into three parcels involving property located in the U District and the P -C District. The Modifications Committee on August 16. 1994, unanimously approved the application subject to [lie following conditions: 1. That the existing structure located across the northerly lot line of Parcel 2 be relocated so that it is within only one parcel or that a Lot Line Adjustment be processed and recorded to adjust the property boundary prior to the recordation of the proposed parcel map. 2. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be proected in place if installed prior to completion of construction project. 4)That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building pe n'iit prior to completion of the public improvements. S. That the on -site parking, vehicular circulation and pede.tuian circulation systems be subject to fuilhe.r review by the City Trallic Engineer. 6. That with the development of Corporate Plaza West, a private street be constructed between Fauallon Drive and Club llouse Drive in order to provide vehicular access for the proposed parcels. That the design of the private streets and drives shall conform with the City's Private Street Policy (L4), except as approved by the Public Works Department. The location, width, configuration, and concept of the private street and drive systems shall be subject to further 3300 Newlx)rt Boulevard, Ncvport Leach August 18, 1994 Page 2 review and approval by the Public Works Department. 7. That the Corporate Plaza Storm Drain Project (known as El Pasco Storm Drain) shall be constructed between Newport Center and the Bay prior to the occupancy of the first building constructed in the Corporate Plaza West development. This storm drain has been designed by the Irvine Company's Engineer and parallels an existing storm drain from East Coast Highway to lower Newport Bay near the Bahia Corinthian Yacht Club. This storm drain is necessary in order to provide required flood protection for the Corporate Plaza developments and was required with the approval of Resubdivision No. 880. 8. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour with slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. 9. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the parcel maps. ; 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Newport Center Drive be released and relinquished to the City of Newport Beach unless otherwise approved by the City Engineer. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by (lie applicant and approved by the Public Works Department, along with a master plan of water, sewer and stonn drain facilities for the on- site improvements prior to issuance of any Grading or Building permits otherwise approved by the Public Works Department. Any modifications or extensions to the existing stonn drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15; That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department, 16. That County Sanitation District fees be paid prior to issuance of any building permits. 17.,% That the Public Works Department plan check and inspection fee be paid. 18. That any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 19. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with stale and local requirements. There shall be no construction storage or delivery of materials within the East Coast Highway or Newport Center Drive rights-of-way. 20. That buildings must comply with the Uniform Building Code requirements for fire protection of exterior walls and openings, with respect to property line proximity., 21. ) That displaced and August 18, 1994 Page 3 deteriorated sections of sidewalk be reconstructed along the Newport Center Drive and East Coast Highway frontages; that sidewalk be constructed along the easterly frontage of Clubhouse Drive; and that handicap ramps be constructed at the comer of any pedestrian walks and the intersection of any public and/or private streets as approved by the Public Works Department. All work shall be completed under an encroachment permit issued by the Public Works Department, 22. That the approval of the Coastal Commission shall be obtained prior to the recordation of the parcel map. 23. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the folloxving findings: 1. That the design of the subdivision improvements will not conflict with any casements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the development of Corporate Plaza 11 (Resubdivision No. 880) and the subject development will increase the amount of drainage runoff from the sites: that the existing storm drain system is inadequate to handle the increase in drainage runoff, and that Federal Emergency Management Agency (FEMA) and other agencies require that all structures be protected from flooding. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, is consistent with the Local Coastal Program Land Use Plan and the Modifications Committee is satisfied with the plan of subdivision. 5. That the proposed resubdivision presents no problems from a planning standpoint. 6. That the proposed subdivision is mainly for conveyance purposes and all existing easements recorded by previous parcel maps or other instrument will be maintained. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $399_00. MODIFICATIONS COr, MIYFEE PLANNING DEPARTMENT JAMES D. HEWICKER, Director By-q —jo, x ^�_._.._ mierS. Garcia Senior Planner JSG:dk V TO: Mayor and Members of the City Council FROM: Public Works Department EXHIBIT C May 9, 2000 CITY COUNCIL AGENDA ITEM NO. 10 SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE PLAZA WEST (RESUBDIVISION NO. 1006) LOCATION: Northwest Comer of East Coast Highway and Newport Center Drive DEVELOPER: The Irvine Company RECOMMENDATIONS: 1. Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 1006 2. Authorize the Mayor and the City Clerk to execute the agreement DISCUSSION: On August 18, 1994, the City's Modifications Committee conditionally approved Resubdivision No. 1006. The conditions of approval included the construction of water, sewer, and roadway improvements. The developer desires to record the parcel map prior to completion of the public improvements, which includes the construction of a private road from Farallon Drive to Clubhouse Drive. In order to guarantee completion of the public improvements, the developer has executed an appropriate agreement and provided the accompanying security in the form of bonds (Bond No's. 24 -15 -11 and 24- 15 -12). The agreement establishes the developer's obligation to complete the public improvement construction. The faithful performance and the labor and materials sureties are in the amount of $78,000 each, which is 50 percent of the estimated cost of the improvements. The $78,000 was split between the property owners, The Irvine SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE PP. WEST (RESUBDIVISION NO. 1006) May 9, 2000 Page 2 Company, and O'Hill Partnership. The Irvine Company provided bonding in the amount of $62,000 (Bond No. 24- 15 -11) and O'Hill Partnership provided bonding in the amount of $16,000 (24- 15 -12) totaling $78,000. A copy of the subdivision agreement and bonds are attached for reference along with a parcel map showing the location of the development. Respectfully,, Don Webb Public Works Director By: Z C Richard L. Hoffstadt, P.E. Development Engineer Attachments: Subdivision agreement and bonds Parcel Map SHEET 3 OF r SHEETS � Of TENTATIVE PARCEL IIAP NO. 94-102 19.11m ACRES CROSS PARCEL MAP NO. 94 -102 M THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. KERRY W. LAWLER. R.C.E. 23927 DATE OF SURVEY: MARCH 1994 K. W. LAWLER AND ASSOCIATES, INC. I`t P. M S. 10/ 20 PARCEL 1 �\y y1 0 r`y MP[R •ryPe '•Q 9MT, � rey 00 rYEY+nxr+o Nn f }P. . ny1-.. o. •a . a.m . ]• • . a•rs iy PARCEL 1 . ePer 1 . n.a' M r . um rx 1 am . n.•r rx e.a - o \v+m•.e1wro A. bmPY Pfa r•. +nom 1 •. 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NAr waMay as xam as .marrt am .Pam n A M1wT'P nn •a.» wam ••N' ,Rrr•r. n.n' p•rr• ».t rr •a vl Mr•YMT n,a •N .R � M]ltl)T[ =In ' w +•rae'»Y Mr• M.nmr .or LEGEND: M �•r.Y} N/ry M —M q er-n1. wR mm -m �IYJ and MAY-i 4 •wa. Ya4 fang. N —ax+n ��•n.... •an«N NOTE: rN 1NR or •naR:a CAR'Ipr +om ee : •PrnWrMRa R2 NQf t w �?n e fir i .9-x7 j MM Rrri PnRKrMrYfla �' R�•••rORµ� M M !aM -!ru oe-ur Cl AGREEMENT FO7.1 CONSTRUCTION OF IMPROVEMENTS (TRACT /RESUBDIVISION NO. —tow—) THIS AGREEMENT, made and entered into this 11 day of and between The Irvine Company, a Delaware Corporation whose business address is 550 Newport Center Drive, Newport Beach, CA 92660 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 Tract/Resubdivision No. lom (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 3 , 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 36 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 Seventy Fight Thousand----------------- - - - - -- dollars ($ 78.00000 - - -) to guarantee the performance of this Agreement The SUBDIVIDER shall provide security in the amount of sevety Eight Thousand----------------- - - - - -- dollars ($ 78,000.00-- - - - - -- ) 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 dollars ($ x,a ---------------- ) to guarantee installation of Subdivision monuments required by law. Said security shall be in the form of Bond e24 -15 -11 a #24- 15- 12------------- - - - - -- (Bond Nos./Certificate of Deposit Nos. 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 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 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 IMPROVEAGT 10/8192 CITY OF NEWPORT BEACH, a municipal corporation 0 Mayor SUBDIVIDER The Irvine Co pa Walaware Corporation By: Millia R. Halford, President Irvine Office Company, a division of The Irvine Company BY: ®.6.1./ � /0�GJA� Vincent P. Rayes, Assistant Secretary pPp9 ?� O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Orange } ss, On r I ) 2-000 , before me, Sandra L. Erickson, Notary Public T Dale Name and Title of Meer (e.g.. 'Jane Doe, Notary Public) personally appeared William R. Halford & Vincent P_ Hayes Name(s) of Sigmr(s) Piece Notary Seal Above N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(§ ) whose name(W +s/are subscribed to the within instrument and acknowledged to me that 4e/shelthey executed the same in hisfher /their authorized capacity ie , and that by hisfher /their signature(a) on the instrument the person(, or the entity upon behalf of which the persoU acted, executed the instrument. WITNESS my hand and official seal. Cep Sig gn re of Notary Pubic OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: STlhdiTricion IMPMUement Agreement Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual O Corporate Officer— Title(s): O Partner — ❑Limited OGeneral O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: Number of Pages: RIGHT TH UMDPRI NT OF SIGNER LEI 0 1997 Nalional Notary Association - 9350 De $ot0 Am. P.O. a0K 2402 • Chal,"11. CA 913133/02 Prod. No. 5907 Reorder. Ca„ Tdl.Free 1800.8766827 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -12 Premium included in Performance Bond CITY OF NEWPORT BEACH SUBDIVISION LABOR AND MATERIALS BOND d Ni � t- WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and THE IRVINE COMPANY,A DELAWARE CORPORATION , hereinafter designated as 'Principal,' are about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public improvements which said agreement, dated '19 , and identified as Agreement for Construction of Improvements (ResubdivisionlTract No. 1006 ), is hereby referred to and made a part hereof (the "Agreement"); and PM 9 -102 O'HILL PORTION WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the performance of the Agreement. NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S, Figueroa St„ 15th Fl.. LOS Angeles. CA 90017 a corporation organized and doing business under the and by virtue of the laws of the Slate of NEW YORK and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surely upon bond or undertaking required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO /100 - - - -- ------------------------------------------ Dollars($ 16,000.00 ),fore equipment pmert and material furbished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that SUretywilCpaythe same in an amount not eicceedirig the amount hereinbefore set forth, that also if suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and 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 ail 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; other- wise, it shall be and remain In full force and effect. The Surety and Principal further agree in the even 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 own 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 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 30th .A& 2000 . Ar Approved as to Sufficiency: �j lit mayor Approved as to Form: City Attorney AGOAAK "ANDr.. lomm IRVINE CORPORATION Irvine Office Comparry, a division of The Irvine Company By: &e Vincent P. Hayes, Assistant Secretary AMERICAN HOME ASSURANCE COMPANY Surety By: qZi �'�—c�' AUNDRA L-. GINGRAS Attorney- lr-Fact American Horne Assurance Con _,Aly :- PONVE12 OF :\7'TORNCY National Union hire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, Ncw York, N.Y. 10270 No.-10= -B-0 1 1 33 KNOW ALL MEN BY TIIESE PRESENTS: I hal American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Penns) Ivania corporation, does each hereby appoint -- -17acy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Cingras, williatu A. Sadler, Dennis T. Mcnard Ill, Maria Pena, Betty walker: of Los Angeles, California - -- its true and lawful Attorney(s) -in -Fact, with full authority to execute on its beltalf 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. /t�hiis 8th day of December, 1999. , i (...:: State of California County of Los Angeles On March 30, 2000 before me, Maria Peha, Notary Public, personally appeared Saundra L. Gingras 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. C MARIA Pella Commission N 1216383 `s N01cry Public — California Maria Pena Los Angeles County '- Comm. Expires Apr 18. 2003 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange tj 9 '�t:; i On �n I It 2 bd d before me, Sandra L. Erickson, Notary Public �TData Name arM rNe of Cf r (e.g.. -Jana Doe. Ngary Pudic-) personally appeared Willipum R_ f-falfnrd Rr Vincent P Havre Names) d Signer(s) 1r ' •. . Place Nolary Seat Above W personally known to me O proved to me on the basis of satisfactory evidence to be the person() whose nameLsi is /are subscribed to the within instrument and acknowledged to me that heleWthey executed the same in hiehier /their authorized capacity(ia), and that by hje{ /their signatureW on the instrument the person(s) or the entity upon behalf of which the personksj acted, executed the instrument. WITNESS my hand and official seal. ' Signa re of Nalary Public OPTIONAL Though the information below is not required by law, N may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Raithf.,t Perfomanre / L & M Bond #34 -15 -12 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIGHT THUMBPRINT OF SIGNER 0 1 997 National Notary Ass alion • 9350 De Solo Ave.. P 0 eor 2402 • Chalsw rlh, CA 91313 2402 P W No, 5907 Remear. Call Tell-Free 1,600 - 8766827 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -12 Premium: CITY OF NEWPORT BEACH SUBDIVISION FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and THE IRVINE COMPANY. A DELAWARE CORPORATTON , 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 .19 , and identified as Agreement for Construction of Improvements (ResubdivisionlTract No. 100b ), is hereby referred to and made a part hereof (the "Agreement'); and PM 94- 102 /0'HILL PORTION WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S. Figueroa St. , 15th F1. , Los Angeles, CA 90017 a corporation organized and doing business under the 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 bond or undertaking 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, malerialmen, and other persons employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO/ 100---- - ------------------------------------------ Dollars ($ 1 ,000.0 -- - - - -), 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 by 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; other- wise, 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 cost and included in any judgment rendered. The Surety and Principal further agree in the even 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 own 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 obligation 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 duty executed by the Principal and Surety above named on March 30th ilk 2000 . Q� APpPo THE IRVINE CO ANY,A DELA14ARE CORPORATION c� < Approved as to Sufficiency: By: William . Ka esi dent lrvine__qTfice Company, a division of The Irvine Company By: mayor Approved as to Forth: Cky ARMW AGISLR aEF.BN ]C Mss AMERICAN HOME ASSURANCE COMPANY By: SAUNDRA L. GINGRAS W Surety Attomey- h,Fact American I[ome Assurance Come {, POWER OF AT I ORNEY National onion Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 Nu. 0-13- 01233 KNOW ALL MEN BV TIIESE 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 Arklcy, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton. Saundra L. Gingras, William A. Sadler, Dennis T. Mena rd 111, Marii Pena, Bctty Walker: 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 presents this 81h day of December, 1999. Lawrence W. Carlstrom, Senior Vice President aDe National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American Home Assurance Company STATE OF NEW YORK ) COUNTY OF NEW YORK )ss. On this St day December, 1999 before me came the ffiAmerican above named officer of Home Assurance Company and T :!.tion:d Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, 105EPH S. NOZZO110 and acknowledged that he executed the foregoing instrument and teary Public. Stale .,a„, y,0 affixed the seals of said corporations thereto b authority of his No- , Wesjc e5j, C office. P y Y .rar"i d in Wenches 11 Ty Expires Jan. 31, CERTIFICATE- -- [cccrpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of I'itbbt igh, Va. 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 repiesem and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the name 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 Attomey' or to any crnifieate rat ating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding ipor. the Company when so affixed with respect to any bond, nnderhtking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that anv such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect mac insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey- in. Fact -" 1. lilizabeth 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 therero. are true ;aid correct, and that both the Resolutions and the Powers orAttonmec are in full force and effect. I', 11'1'1NESS 1vI IEREOF, I have hereunto set my hand and aftised the facsimile seal of each corporation this 30th da..ofMarch 2000 - -- - - -- - — T61( C!tr h �I. 1 uck. Seel ctnn , ,.,,,,, , ,, State of California County of Los Angeles On March 30. 2000 before me, Maria Pena, Notary Public, personally appeared Saundra L. Ginn ras 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 Ism, • _J .� Public _ Maria Pena CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On Apr; I 1A,9-000 . before me. Sandra L. Erickson. Notary Public pale Name aM Tille of 0llcer (e.g..'Jaae Oae. Ndary Pubic) personally appeared , me s yne s mm--o-, Pace Wary Seal Above rp personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose named Ware subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in hisJher /their authorized capacity(IPs), and that by his&er /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS my hand and official seal. 1,><4io- 4 �oL✓ c o OPTIONAL _ . _.__ .. ...... ........ __ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: t: h1; t Perfiamamee r r R r R an; 4424 15 11-2 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT Tfi IMPRINT OF SIGNER 0 1997 National Nd Association � 9150 De Solo Ave., PO eo. 2602 - Chal wodh. CA 91013,2602 Prof No. 59()7 ReoN : Call Tdl -Free 1- 6004166821 EXECUTED IN TRIPLICATE ( Bond No.: 24 -15 -11 Premium included in Performance Bond CITY OF NEWPORT BEACH SUBDIVISION LABOR AND MATERIALS BOND WHEREAS. the City Council of the City of Newport Beach. County of Orange. Slate of California. and THE IRVINE COMPANY,A DELAWARE CORPORATION . hereinafter designated as 'Principal.' are about to of have entered into an agreement pursuant to the Slate 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 .19 . and identified as Agreement for Construction of Improvements (Resubdivision/Tract No. 1006 1, is hereby referred to and made a part hereof (the *Agreement): and PM 94 -102 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. NOW. THEREFORE. We the Principal and AMERICAN HOME ASSURANCE COMPANY as surely whose place of business is 777 S. FLeueroa Sr .. 15th Fl.. Los Aneeles. CA 90017 a corporation organized and doing business under the and by virtue of the laws of the Slate of NEW YORK and duly licensed by the Slate of California for the purpose of making. guaranteeing, or becoming sole surely upon bond or undertaking required or authorized by the laws of the Slate of California. are held finely bound unto the City of Newport Beach and all contractors, subcontractors, laborers, malerialmen. and other persons employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND NO/ 100-- - ------------------------------------------- Dollars ($ 62,000. 00 ------ ). for equipment and material furbished or labor thereon of any kind. or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surely will pay the same-in- an- amount-nol exceeding the amount hereinbefore set forth, that also if suit is brought upon this bond, will pay. in addition to the face amount thereof, costs and 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: other- wise. it shall be and remain In full force and effect. The Surely and Principal further agree in the even 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 own 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 Surely hereby stipulates and agrees that no change, extension of lime. 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 30th 2000 A Approved as to Sufficiency: Approved as to Form: City Attorney AaISUGO -L M ON6, IM&W ,VHE IRVINE COMPANY A DELAWARE CORPORATION b hill rd, President Iry a Office Company, a division of The Irvine Company By: O,f� Vincent P. Hayes, Assistant Secretary AMERICAN HOME ASSURANCE COMPANY ar Surely 0 By: SAUNDRA L. GINGRAS Attomeydn -Fact Aiher'ican home Assurance Cot( ,: ny :F PONVER 01: ATTORNEY m National Union Fire hmorance Copany of Pittsburgh, Pa. Principal Bond Office: 70 fine Street, New fork, N.Y. 10270 No. 05-13-012;i KNONV ALL MEN BY THESE. PRLSENTS: That America,, 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., Edward J. Stuart, Lisa L. Thormon, Saundra L. Cingras, William A. Sadler, Dennis T. Menard III, Maria Pena, Bell), Walker: 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 presents spa this 8th day of December, 1999. Carlstrom, SnVice Presiden'Lwne W eOe• National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and Nation:d LSuio:, Fire Insurance Company of Pittsburgh. Pa., to me personally k::,,v:a io 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. JOSEPH 8, NOZZOO-W Notary Public. State n -re,,. York No. 01- N04652754 .ou � afified in Werrcheneh Co n1Y Expires Jan. 31, :% 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: F.D. that not Chairman of the Bo.IN, the I'.esident, or any Vice President be, and hereby is, authorized to appoint Auome)s -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 die nature thereof. and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and aucstetious of such officers and the seal of the Companv may be affixed to any such Potter of Allomcy or to an) :: •:Citir:r.::;..o: n_ thereto be I �uiiuik, :n,d ::irr ;uch Power ol'Anomc) w conific:nc be..rin_;ucl: IAesin:ile Signnmres or facsimile seal shall be rjhJ mud iainding upon file Company when so affis:d with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligators in tits nature thereof; "RESOLVED. that any such Attorney -in -Fact delivering a secretarial cenification that the foregoing resolutions still be in effect mac insert in inch certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." I, Elizabeth M. 'fuck. Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa do hereby c.nit., that the foregoiug excerpts of Resolutions adopted by the Boards of Directors of these corporations. and the Powers of Alloincy issued purSUaul there[.. are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. . IN Nl f \1:S5 R'III-- It1:OP, I have hereunto set m)' hand and affixed the facsimile seal of each corporation 1 111 '•�I: rt:,a o0 State of California County of Los Angeles On March 30, 2000 before me, Maria Pefia, Notary Public, personally appeared Saundra L. Gingras 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. AmENA 1216383 CoQf Na Count' Apr 18. 2003 Maria Pefia f CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange OnAp� t-i lI, 60d before me, Sandra L. Erickson, Notary Public pate Name am! me 0 officer (eg..'Jade Dee, Notary PubW) personally appeared William R H lfnrrt & linS P Hayes Name(s5 oi�gner(s) SANDRA L ERICKSON COmmlulon # 121506$ Notary RJWic - California Orange County MY COMm. 5pinn Dec 7, MM Place Notary seal Above $ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose nameW Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hieRw /their authorized capacity(ga), and that by hisfher /their signatureW on the instrument the person(sj, or the entity upon behalf of which the persorl(sj acted, executed the instrument. WITNESS my hand and official seal. i011ik diLt �• �Pa/iae ,✓ Sigbml or Notary PUblk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithfill n rr l T A T.1 Bond 924 15 11 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Assodation • 9350 De SMO Ave.. P 0 Bar 2402 • Chalsworlh. CA 91313 -2402 PrOd. NO 5907 Reorder Gall TOIbFme 1,800- 876 -6827 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -11 Premium: $310.00 CITY OF NEWPORT BEACH SUBDIVISION FAITHFUL PERFORMANCE BOND WHEREAS. the City Council of the City of Newport Beach. County of Orange. State of California. and THE IRVINE COMPANY,A DELAWARE CORPORATION , 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 .19 , and identified as Agreement for Construction of Improvements (Resubdivision Tract No. 1006 ). is hereby referred to and made a part hereof (the *Agreement"): and PM 94 -102 WHEREAS. Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement. - NOW. THEREFORE. We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S. Figueroa St. , 15th Fl. , Los Angeles, CA 90017 a corporation organized and doing business under the and by virtue of the laws of the Slate of NEW YORK and duly licensed by the State of California for the purpose of making, guaranteeing. or becoming sole surety upon bond or undertaking 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, and other persons employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND NO /100 - -- ------------------------------------------ Dollars (S 62,000.00 - - - - -- ). 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 by 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: other- wise, 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 inGuded costs and reasonable expenses and fees, included reasonable attorney's fees. incurred by City in successfully enforcing such obligation. all to be taxed as cost and included in any judgment rendered. The Surety and Principal further agree in the even 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 own 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 terns of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation 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 30th X000 � APp� Oez THE IRVINE COMPANY .A DELAWARE CORPORATION Approved as to Sufficiency: VfIII ad ff. 11fil fo , President Irvine Office Company, a division of The Irvine Company By: . 1/.tQa f /� Z4 w mayor vincenr Hayes, ss ss cretary Approved as to Form: AMERi CAN HOME ASSURANCE COMPANY Surety _ O By: CityAdw" SAUNDRA L. GINGRAS Agomey- In•Fxl American Home Assurance Conikld �. PO1FER OF ,- \'tTOR \FY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street. New York, N.Y. 10270 No. 05 -B- 012';3 KNONV 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., Edward J. Stuart, Lisa L. Thornton, Saundra L. Gingras, William A. Sadler, Dennis T. Menard Ill, Maria Pena, Betty Walker: 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 presents this 8th day of December, 1999. rah ^� j% i�Lawrence W. Carlstrom, Senior Vice President e� National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American Home Assurance Company STATE OF NEW YORK I COUNTY OF NEW YORK )ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me p: rso�: ally 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. 305EPH 6- NOZZOUO man' Public. .51are n' •rep Yorj No. Q1- 1404652754 .Qualifiz in Wertchost C ni twat Expires Jan. 31, �y. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Compan) of Pittsburgh, Pa. on May 18, 1976: i..11 the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attome ys -i n- Fact to repre seni 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 ofthe 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 an) ecaificaie relating thereto by facsimile, and any such Power of Attorney or certificate bea:im, ;uch tacsimilc si-1.natums 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 NI. 'fuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby crrt11% that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attomey issued pursuant thereo. Me cue and correct, and that both the Resolutions and the Powers of Attomey are in full force and effect. I N %%I'I :NESS WHEREOF, I have hereunto set in) hand and affixed the facsimile seal of each corporation thk 1 111 - ct."446" r 33 fv {ii:' It M. I tick. Secretar% t�� ;.: r /J; State of California County of Los Angeles On Karch 30, 2000 before me, Maria Pefia, Notary Public, personally appeared Saundra L. Gingras 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. hURIA PENA —1 Commission # 1216383 Jolary Pubric— California Los Angeles Count' Comm. Fxp res Apr 1g,q Maria Pefia CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Ornnge a On 11Dr; 000 before me,Sandra L. Erickson, Notary Public Date Name and TMe of OMM (e.g., •Jana loot. Noll" Pudk') personally appeared William R ualford k Vi %W -Pt To Nanas(s) at sgAen 0 SANDRA L ERICKSON Commission # 1245065 :, ..- Notary Public - Cordon -ja '� Orange County My Cr -: n. FJ9Dim Dec 7, 2003 Plaw Notary Seal AE e 0 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personUs whose nameW 4s/are subscribed to the within instrument and acknowledged to me that hels4e /they executed the same in hisAter /their authorized capacity ie ), and that by hie/Her /their signatures on the instrument the person(,, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �� S of NOlaey PYbic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document t: ith. 1 Perform f i R& M Bond 424-1.5-11 Document Date: April 4.2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of Thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 NatiorW Notary Assacia0on - 935D Do Soto Ava.. P.O. Sox 2402 • Chels.0h. CA 91313.2402 Pr . No. 5907 P.&,:: Call Toll -Free 1A00A7"827 O MU, PARTNERS ONE UPPER NEWPORT PLAZA NEWPORT BEACH CALIFORNIA 92660 (949) 752 -0700 May 9, 2000 (949) 752-0885 FAX HAND DELIVERED TO: Honorable Mayor John Noyes and City Council Members City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Parcel Map 94 -102 Item #10 Tonight's City Council Consent Calendar Dear Mayor and Council Members: O Hill Partners is the owner of Parcels 1 and 2 shown on Parcel Map 94 -102. The Irvine Company ( "TIC ") and O Hill Partners are the owners of Parcel 3. O Hill Partners and Irvine Office Properties have tried to reach a compromise regarding the design and completion timing for the private street to be constructed between Farallon Drive and Clubhouse Drive to satisfy Condition #6 of Parcel Map 94 -102. We believe that we had reached such a compromise; however, late last week Irvine Office Company refused to give us comfort in a written easement to be recorded currently with granting a portion of Parcel 3 to TIC. Therefore, O Hill Partners requests that Item #10 which is the Subdivision Agreement be removed from the Consent Calendar we respectfully request the following changes be made to the Subdivision Agreement: That the completion period for the private street be a maximum of 1 year instead of 3 years. Justification: The street is needed to alleviate a hazardous condition on our property and to continue the access to Newport Center Drive from The Tennis Club and The Golf Club. Our position is that the referenced private street which is Condition #6 of Parcel Map 94-102 should have been built concurrent with Corporate Plaza West because the traffic generated by Corporate Plaza West exasperated the hazardous conditions on our property and because that had always been the understanding and expectation. For the same reason, we believe that Condition #6 should be complied with prior to or concurrent with the recordation of Parcel Map 94 -102 and that another year from April 11, 2000 is more than sufficient time to resolve this urgent matter. That the improvement plans for the private street be agreed to by the two landowners and the City prior to the recordation of Parcel Map 94 -102 and attached to the Subdivision Agreement. Justification: Despite our engineers' request and my request to both Bill Halford and Tom Lee in writing and verbally, TIC has refused to release the plans for the subject private street which is built on our property and a little less than one acre of our property which is currently undeveloped and we are deeding to TIC for that purpose after the recordation of the Parcel Map and is access to our Parcel 1 and 2 of Parcel Map 94- 102. Since this street is built through are property and is access to our property but is secondary access to Corporate Plaza West, the design is important to us. Honorable Mayor John Noyes and City Council Members May 9, 2000 Page 2 of 2 That the amount of the bond for these improvement be increased from 50% of the estimated cost of the improvements to 100% of the estimated cost of the improvements, which our engineer believes is very conservative. Justification: Since TIC was able to obtain its primary access to Corporate Plaza West, this secondary access is no longer needed. There should be bonding closer to the actual costs which TIC is obligated to pay at its sole cost and expense per the SLUR Agreement. Thank you for your consideration of the above request. Sincerely yours, Robert 0 Hill ROH/bem xc: Homer Bludau, City Manager Richard Hoffstadt, Development Engineer DICTATED BUT NOT READ COUNCIL AGENDA NO. CBLj) O HILL PARTNERS ONE UPPER NEWPORT PLAZA NEWPORT BEACH CALIFORNIA 92660 (9491752-0700 (949) 752.0885 FAX TO: Honorable Mayor John Noyes and City DATE: 05/23/00 Council Members, City of Newport Beach FROM: Robet O Hill RE: Parcel Map 94- 102/Item #25 of Tonight's City Council Agenda Subdivision Agreement Enclosed are copies of the letter sent to Robert Burnham regarding the above referenced matter. SENT BY: THE ENCLOSED ARE: LETTER OF TRANSMITTAL. ❑ MAIL ❑ PER YOUR REQUEST ❑ FED EX FOR YOUR REVIEW • CERTIFIED MAIL -R /R FOR YOUR APPROVAL • YOUR PICK UP 0 FOR YOUR USE ON JOB HAND DELIVERED ❑ FOR YOUR FILES ❑ SPECIAL MESSENGER ❑ FOR YOUR SIGNATURE AND ❑ OTHER RETURN 0 OTHER O Hat PARTNERS ONE UPPER NEWPORT PIAZA NEWPORT BEACH CAUFORNIA 92660 (949) 752-0700 (949) 752-0885 FAX May 23, 2000 HAND DELIVERED TO: Robert Burnham City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Re: Parcel Map 94-102 Item #25 of Tonight's City Council Agenda Subdivision Agreement Dear Mr. Burnham: As you may recall, I appeared at the May 9, 2000 City Council Meeting and presented a letter to Honorable Mayor John Noyes and City Council Members, a copy of which is enclosed for your reference. At that Council Meeting, the above - referenced matter was continued with a continent from The City Manager, Mr. Bludau, that TIC, ourselves and The City representatives should meet in an attempt to work this matter out. We are ready and willing to meet; however, such a meeting has not been scheduled and to my surprise, this matter is back on the Council Agenda for tonight. I strongly believe that such a meeting should occur and should include our civil engineer, so that the preliminary plans showing the alignment and the cross section of the road can be discussed and agreed upon and attached as an exhibit to the Subdivision Agreement. In order to clarify our standing in this matter, I would like to respectively advise you of the following: The Subdivision Agreement pertains to Parcels 1, 2 and 3 of Parcel Map 94 -102. We are the owners of Parcels 1 &2 and currently own a portion of Parcel 3 together with TIC. The roadway, which is per Condition #6 of TPM 94 -102, is 100% on our property and after deeding the portion of our property within Parcel 3 to TIC, will be approximately be 50% on our property. There exists a hazardous condition on Parcels 1 &2 of our property which the roadway, required per Condition #6 and subject to the Subdivision Agreement, will eliminate. The original understanding was that the subject roadway would be built concurrent with the development of Corporate Plaza West. Unfortunately, this did not occur and the increased traffic generated by Corporate Plaza West has exasperated the hazardous condition on our property. Robert Burnham May 23, 2000 Page 2 of 2 We object to the Subdivision Agreement being entered into for a roadway on our property without, at a very minimum, having the preliminary plans and cross section, which exist for the subject roadway, being attached as an exhibit. In addition, we believe that a three -year time period to construct the subject road, under the circumstances, should be shortened. As an aside, I do not understand why we are not a party to the Subdivision Agreement which involves a Parcel Map for we own two of the Parcels and the land where the roadway is supposed to be built. Unfortunately, I am out of town and will not be able to attend tonight's City Council Meeting. I have contacted the City Manager, Homer Bludau, and requested a continuance of the subject matter so that the meeting suggested at the last City Council Meeting between TIC, The City and ourselves occur. Thank you. Sincerely yours, Robert O Hill ROH/trb Enclosure xc: Homer Bludau, City Manager Honorable Mayor John Noyes City Council Members JK, by Fax w /encl. DICTATED BUT NOT READ U EXHIBIT D AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS (TRACT/RESUBDIVISION NO. wor ) as THIS AGREEMENT, made and entered into this P day of r, I A, by and between The Irvine Company, a Delaware Corporation whose business address is scn Na..ort Center Drive Newport Beach, CA 92660 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 TracUResubdivision No. iooe (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 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 Cormission 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 36 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 sue" y Fight nsl-sana ----------------------- dollars ($ 78,000.00 - - -) to guarantee the performance of this Agreement. The SUBDIVIDER shall provide security in the amount of Seventy Eight Thousand------------------ - - - - -- -dollars ($ 78,000.00 ---------- ) 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 rue--------- ----------------------- - -- - -- dollars ($ ------ WA--- - - - - -- ) to guarantee installation of Subdivision monuments required by law. Said security shall be in the form of Boas #24 -15 -11 a #z4- i5- 1z------------- - - - - -- -(Bond NosJCerificate of Deposit Nos. 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 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 F11 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. City Clerk APPRO D AS TO FORM: City Attorney IMPROVEAGT Maw CITY OF NEWPORT BEACH, am SUBDIVIDER The Irvine Company, a De aware Corporation By Willia4 R. Halford, President Irvine Office Company, a division of The Irvine Company BY. Vincent P. Hayes, Assistant Secretary 5 wP y� 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On ! I t R_00 , before meSandra L. Erickson, Notary Public pa(o Name and Title of Offlcer (e.g.. -Jane vae, Notary Public') personally appeared P. Haves Name(a) of Bign s) SANDRA L ERICKSON CommtWon # 1245065 z Notary Puiollc - CalRprnia Orange County W Camm.50W Dec 7,7 M Place Notary Seal Abave 0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the personal whose name(§) is /are subscribed to the within instrument and acknowledged to me that helehe /they executed the same in hiskier /their authorized capacity( 4, and that by hisFhedtheir signature(,$) on the instrument the persons) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 4 n Y, �iLcr__ /iQ o- J Signatuarof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Snhrlivicinn imp vement A2 eement _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of tnumh here ❑ Corporate Officer— Title(s): ❑ Partner — . Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave.. PO, Box 2402 - Chatsworth. CA 91313 -2402 Prod. No 5907 Reorce . CaH Toll -Free 1 600-696 -6629 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -11 Premium included in Performance Bond CITY OF NEWPORT BEACH SUBDIVISION-LABOR/ AND MATERIALS BOND WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and THE IRVINE COMPANY.A DELAWARE CORPORATION , 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 '19 , and identified as Agreement for Constriction of Improvements (Resubdivision/Tract No. 1006 1, is hereby referred to and made a part hereof (the "Agreement; and PM 94 -102 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. NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S. Fiaueroa St.. 15th Fl.. Los Aneeles. CA 90017 a corporation organized and doing business under the 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 bond or undertaking 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, and other persons employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND NO/ 100-- - ------------------------------------------- Dollars (S 62,000.00 ------ ), for equipment and material furbished 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, that also if suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and 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; other- wise, it shall be and remain in full force and effect. The Surety and Principal further agree in the even 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 own 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 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 30th ,J19 . 2000 . A Approved as to Suffrci Director of Public Yorks Approv to Forth: Ctry AMMM teem IRVINE COMPANY. A IrviZe Office Company, a division of The Irvine Company By: Vincent P. Hayes, Assistant Secretary AMERICAN HOME ASSURANCE COMPANY Stu" d By: Z=zt�� SAUNDRA L. GINGRAS Attomey -In -Fact American Rome Assurance Comp" ,, PONVER OF ATTORNEY National Union Fire Insurance Co any of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B -01233 KNOW ALL MEN BY TIIESE 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., Edward J. Stuart, Lisa L. Thornton, Saundra L. Cingras, YY'iltiam A. Sadler, Dennis T. A7enard III, A4aria Pena, Betty Walker; 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 presents ". this 8th day of December, 1999. - -.- ,, Lawrence W. Cartarom Semo. Vice President National Union Fire Insurance Company cf Piusburgh, PA. ' Vice President, American lionae Assurance Company SPATE OF NEW YORK } COUNTY fY OF NEW YORK )is, On this 8th day of December, 1999 before me came the 1'-r &botc name officer of American Homo Assurance Company and -- ct. Company of Pittsburgh Pa. to me per -tit Ilv .. ,;; individual and officer descr bcd r:o: cin, JOs , %foFery ➢��:.c- Vii.,. and trcknowledge.d that he executed the foregoing instrument and JTtsetl the seals of said corporations thereto by authority of his fh,efitad Q:any office. Io-irm stAires 1 '± i ki: <:erf.�a of Resolutions adopted by to Boards of Directors of American Home Assurance Company and National Union fire Iruurance Company of Pitcdn+reh, Pa. on Mzv 18, 1910. ,, ..: r s:dcnt be hc:eev- is. authorized 10 app000 non,aw _ -o rine3c:. -..,. d ,..n cch..l. " � .. u,.� } .. -.: k-n s. recognizances and other contracts of indennin, and ! ,- _., m the r _ is a. ,� -t ! t t. ,. ., .D.ese.bi; mad to auac'n t;,:,,ct^ tP.e- imago; at: seal ci I!% Comparl', in the transaction of its surety business; 1a -l)!-` Y.P. fl -at ::� .. > _t- r__ an. rt: < -. cF st v 't.r,c: _} o i - a..t te reaoe mp} llr� or 0,-h%:r cons act of indur n. -;: >> ;.;z.cr nature thueor- "RESOLVED, that any such Attorney -in -Fact a scretacial certification th&: the foregoing resolutions still be in (M--t naap in-'en in ssch rtitication the date thereof, said dale to b, not Icier then t %e:iatc oC delivery thereof by such Attorney -in -Fan." 1. Nixabcth 'Lick, f ccretery of American Hone Assurance Comp& t} and of National Union Fire Insurancz Contpanr m a ms that th loteyw lln- exc ::r[m of Rcsoh tons adopted by the Boards of Directors of these corporations, and the Powers of tc t trt &c anal corrcut, .v:d that both the 12eso{otion; and the P0'xc7s of AUOiney ate in full force and effect. 1 V Xvi I _VS's VVf11LR1;01 =. i;>,ve hereunto set me iittime ana' ail sec the facsimile seal of each corporation 30th ,March 2000 the o.. , a ,s a i "lizabcdl M.1 Vj Elil- R t1 s : rim, r;:r t,>f State of California County of Los Angeles On March 30, 2000 before me, Maria Pella, Notary Public, personally appeared Saundra L. Gingras 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 � 'Notary public— Calihxnla Los Angeles County MV Comm. Expires Apr 16. 2003 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange OnQ-pI r; 1 11. "400 before me, Sandra L. Erickson, Notary Public Date Name and Title of Officer (e.g., "Jana Doe. Notary Public") personally appeared -- ili7;lliam R Halford & Vincent P Hayes Name(s) of Sgner(e) SANDRA L ERICKSON Commission M 1245065 Notay Pubilc - Colifomfo Orange County tity Cnmm. Cues Dec 7, M03 Place Notary Seal Above ;4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personW whose nameW isfare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in heAw /their authorized capacity ie , and that by hisfher /their signature(§) on the instrument the person(§), or the entity upon behalf of which the person. sj acted, executed the instrument. WITNESS my hand and official seal. 1-1�(. K_LA� ' Signalurd of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithfill n r I r A 1.e Bond u24 15-11 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Corporate Officer— Title(s): _ 17 Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee C! Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER TOP of thumb here 0 1997 National Notary Association • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder: Call Toll -Free 1- 800 - 8786827 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -11 Premium: $310.00 CITY OF NEWPORT BEACH SUBDIVISION FAITHFUL PERFORMANCE BOND �/1 ✓.-�E cam. WHEREAS, the City Council of the City of Newport Beach, County of Orange. State of California, and THE IRVINE COMPANY,A DELAWARE CORPORATION , 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 .19 , and identified as Agreement for Construction of Improvements (Resubdivision/Tract No. 1006 ), is hereby referred to and made a part hereof (the "Agreementl: and PH 94 -102 WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW. THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surely whose place of business is 777 S. Figueroa St. , 15th Fl. , Los Angeles, CA 90017 a corporation organized and doing business under the 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 surely upon bond or undertaking 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, malerialmen, and other persons employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND NO /100 - -- ------------------------------------------ Dollars (562,000.00 - - - - -- ). 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 by 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; other- wise, 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 cost and included in any judgment rendered. The Surety and Principal further agree in the even 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 own 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 obligation 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 30th _? . Approved as to Approved1j" Form: ' � G By: MillisK. WWII; President Irvine Office Company, a division of The Irvine Company nyes, AsslstWr etary American Horne Assurance Coull . :�' POWER OF ATTORNEY tiational Union hire Insurance Co v, any of Pittsburgh, Pa. Principal Bond Office; 70 Pine Street, Ne,v York, id.Y. 10270 No. OS -B -01233 • KNOW ALL MEN B) THESE PRESENTS: That American Home Assurance Company, a Nov Fork corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsyh,ania corporation, does each hereby appoint - - =I I aq .Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Gingras, William A. Sadler, Demtis T. Menard III, Maria Pena, Betty Walker: 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 indemnitc 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 this 8th day of December, 1999. sJ�{ Lawrence `4 Ca dstrom, Semot Vice President o� National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American Home Assurance Company S'lA "I F OF NTT YORK } COUN I Y OF NfAV YORK }ss. Ort this b h ci v of De em1 1469 before me came the abo, : 1 ,;� : ll AnierictIti Floor e - s a1 ce Company and �' -•, , .. ....,ut ce C:unpam or i.,burnh, Pa., to me inchetdt.n: a: A CA,!, Ces.:ribed herein, and n- ioisled ed that he executed thz foielohq instrument and affixed the s;'atk of said eorporetfons thereto by authority of his office. '�S =rH B- NOZL6LSC i�rsGrr c.:ic Adle 01 N04632754 E:C(]i: os lay. .it,: ---- CERTIFICATE ------ -�- --- i'r:ic adot LJ ..� t,:..;:a o, . Directors of At,encan Hone Assurance Company sta Na,. +nal Union Fire Insurance Cnipanp of plt:Silu: :,;• i3. o:! :ia, 1976: dent: or am \ c� "ic,'clen, U. ,a;zil L., , AS "it! -Ji. .r,.. ;,, -�. 1.',,., ..�' ii 1... i e;•r L: -, . = c..._,a• 11..1 s ,_:.J:; undettakw�¢, co .:,r<.a. s and other coullacrs o! m ny a. -� ,nti,:gs oo _ nt c 7 - v 1r: t 11 a :, :< ai ,c zto the 0 1 .;e Company, in the transaction of it, st=c;y busmess: ,•.. :. ... �.. ;- _':.'.t .., , _ ,_:; -� ..:. =u..i tf ,sa a t :,,_ ', .:. < t> ,. C � �, ^si };c , . ; . :,� .�h R; wer _t J" b% t ne v - :-n i`rn;et of Attorney cc,'„ _ ..._ .. ,. :� n . iii-16m " ipon the ni, : :. :; ,vileri sJ ariai...,,.1 ...pets to any bond unde:c.kn cco,, nza.nL_' u_ _.. s.: , ,. .., of ,r; nu., ooiilineary in u.e 'RC`01 -1. 1.. D- r il t -n v s; :di ,r, =_y :; :',. .ic e <er;ng a -were tan aI c r: f°t: ion thud the fore goo;g so;' aL;o.0 �u 1 ! be in effect ni rse I t t, snc'n e :rrilic;•.tiur. 1i• :e d;ue thrraol: said rlixe to i;e not later than the date of delk civ thereof b, 'such Attorney -in- Fan... c..reue_i 11('111e A.ssurar.ce Company and c%N ours! Uno:: F.c Insu ale ., Conn!a in of Pittsbul -h I,. chin ,. _�oio .:.ti 1, s of F.r J ut.oas �.,, : :u by tl:c Boards of U r: of thto; corilorano:„ ana t•� v,,ci ofAuornt, issued n:,,.! % n .fx ..o r- .1rci. - l !ailh 1111• a_so,t.urt s and ,: e Pullers of Attome arc in n it forty Pru efF.:ct. !A 1 1 -•I : : :,J ,111„RC ")F, ! � ., c -_., a; :,!1 t :aed a -d I, fh.,ed 11,, 4., .., , -i .x:., o 'each - -- 30th. c v of _March__.._.._......_....: 2000 It iP 5 I -. / ... M' — 1el_ secret ; r.r 1 n �1t State of California County of Los Angeles On March 30, 2000 before me, Maria Pena, Notary Public, personally appeared Saundra L. Gingras 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 hisiheritheir authorized capacity(ies), and that by hisiher /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. MAFIA PENA � Commission4121G'i83 z Noirny Public— Calilomio Los Angeles County Maria Pena My Comm. Expires Apr 18, 2003 w U" CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Orange On 4 r, 112 D o0 , before me,Sandra L. Erickson, Notary Public Oate Name and Title of Officer (e.g_. Jane Doe. Notary Public) personally appeared William R Hal£ord F Vincent P Navac , Names) of S�gnerl SANDRA L ERICKSON Commbsion # 1245M Notary Public - California "'•` Orange County A4y Ca-::,1 Expires Dec7,2DM Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personUsj whose name(sJ 4s /are subscribed to the within instrument and acknowledged to me that helelae.Jthey executed the same in hie/hedtheir authorized capacity ies), and that by his/her /their signatureLq) on the instrument the personal, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. rn- � � GiL�cr- �-o-r✓ Signatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document- Description of Attached Document Title or Type of Document: Faithfil I Perform / L & ]k B r1 #.711 15 11 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — (]Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT] 5iGNER I ®1997 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatswonh, CA 91313 -2402 Prod. No 5907 Rsorder. Cell Toll -Free IAEl d76 -6827 t EXECUTED IN TRIPLICATE Bond No.: 24 -15 -12 Premium included in Performance Bond CITY OF NEWPORT BEACH SUBDIVISION LABOR AND MATERIALS BOND d Ni�c. WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and THE IRVINE COMPANY,A DELAWARE CORPORATION , 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 '19 , and identified as Agreement for Construction of Improvements (Resubdivisionfrract No. 00 ), is hereby referred to and made a part hereof (the "Agreement); and PM 9 - 0 O'HI)LL PORTION 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. NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S. Figueroa St- . 15th Fl.. Los Angeles, CA 90017 a corporation organized and doing business under the 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 bond or undertaking 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, and other persons employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO /100 - - - -- ------------------------------------------ Dollars ($ 16,000.00 ), for equipment and material furbished 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 font, that also if suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and 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 Tile 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; other- wise, it shall be and remain in full force and effect. The Surety and Principal further agree in the even 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 own 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 terns 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 30th AEk 2000 . AP Approved as to Suffici '�✓ CO DirectorAf Public Works kooroved As tb Form: CRY AGMUSN.M.UNDc ignm IRVINE COMPANY.A.DELAWARE CORPORATION Irvine fffice Company, a division of The Irvine Company By: l irt� &eo& Vincent P. Hayes, Assistant Secretary AMERICAN HOME ASSURANCE COMPANY surety _ ey: AUNDRA L- Apomey -In -Fact Anicrican Home Assurance Comp vl POWER OF ATTORNEY N�Itioljal Union File Insurance Co any of Pittsburgh, Pa. I'Jimpal flood Office: 70 Pine Street, New York, N.Y. 10270 No. 05- B -01'_ 3 KNOW ALI, NIEN It) I HOSE PRESENTS: That American tkine Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporabon, does each hereby appoint —Aracy Aston, Pau Ackley, WC Nakamura, E. S. Albreuchil, Jr, Word I Smart Lisa L. Thornton, Saitridm L. Giriginas, William Am Sadler, Dennis T. Idenard III, Maria Pens, Betty DOW: of Los Angeles, California— its true nod lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undenakings, recognizances and other contracts of indemnity and writings cbiigib:oy, 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 I-Adon Fire insurance Company of Pittsburgh, Pa. have each execuwd Mesa presents STATE OF NEAV YORK I COUNTY OF P43V YORK in, 0o Ellis �8,k ,!ay cif Lccs\Ler. 1999 before me mine we Amy ImEwd o9mr; Of American flointe Assurance Conlp4ny and Urim u.- !;i!anan:v Cw,.-,.pany of Pittsburgh, Pa., to ine, hwlei[13 nizs! co:j%C��Iiuna; !:iocto by i!is this Sth day of December, 1999. 1-mmence W. Cal sirom.3enior Vice President Nazicrunl Union Fire Insurance Company of ?ittsbLfl;h, PA. 1% Nesident, American Flonne Assurance Company CERTIFICATE, 1, aky A by We Boards of Dinums of Anammia Flom wamms WmToriy so WAMM Jam Av Insurrinin Cmufwx wr' Udy VOUP &lhon iny! no Beal is Winq w OwNw, Preddanbe. add Ln at"I oa to exccutc bonds: n 0�ruakin.gs. isnognumus wy? nki chnNu of oommio anj wN±4s ,WTatog in to rwwr Israur and 0 wram Toom On .o Eli no of We compow" in we v0*00011 of in sunty i VQIS : v. ! wtCzalwons of such 0%,no Md LICS& of ye &SPW =4 kv 040 0 ivy Sun POWs o(Aumag M ; i d 'w =Mmnv by 4s, and acv such wwnf owsinib-s�ad "�ill "�\Z0 n W � A C aitivod wall le-,:jwcz t,, a:i, boi:d]L uEadonlibly owe Nnno yw�w 71 V l-': .. ! : :- a certifica.iiin! da:z 0:c 1 st;11 be in edw nmy ims! 0, Vi wqtnown im A" 1, =0 sid data w be not Iwo Man OX We AULDC, 000by NA AAtnty T ACV !. M l omary UFAiscrinn 11MV Aaromn Ch"ay wall of Nwhou napm, Qwpal y phoulk py & !,on, 104T, by pw'rn of,vuNyly "sued Pwnwwnvwa-. '. a t n wd Cowin. and on! Lot ine Reidutions MA to PnowsWAN—acs are in NN AMC and Ah, 4 1'-• )� 1 j 1o'jji!Aj ::j. j hmi�111 :'1 n nit ii.i:o : : -"vd tiw facsinhik 'r"6 'IE C. Ji >fi State of California County of Los Angeles On March 30, 2000 before me, Maria Pena, Notary Public, personally appeared Saundra L. Gingras 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 PENH r _... COmmisSion # 12}8383 Notory Public — Catitomic Los Angeres County r Maria Pena My Comm. Expires Apr 18, 2003 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange } On Apf.- I fl 3-0OU before me, Sandra L. Erickson, Notary Public , ate Name and rate of Officer (e.g.. 'Jane Doe. Notary Public') personally appeared William R Nalford & Vincent P Hayes , Name(.) 01 Signer(.) Place Notary Seal Above 14 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose namei is /are subscribed to the within instrument and acknowledged to me that he/st+e /they executed the same in hisNier /their authorized capacity(iDs), and that by 46#w/their signatureW on the instrument the person(" or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sgnat re at Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithbul Perf..,,, range / T & M Rand 424-15-12 Document Date: April 4, 2000 Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —0 Limited U General Ll Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUA1aPRINT OF SIGNER ®1997 National Notary Association - 9350 Do Soto Ave.. P.D. Box 2402 - Chatsworth. CA 913132402 Prod. No, 5907 Reorder. Call Toll -Free t- 800 - 876.8827 EXECUTED IN TRIPLICATE Bond No.: 24 -15 -12 Premium: CITY OF NEWPORT BEACH SUBDIVISION FAITHFUL PERFORMANCE BOND O Aeec _ WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and THE IRVINE COMPANY.A DELAWARE CORPORATION , 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 '19 , and identified as Agreement for Construction of Improvements (Resubdivisionrrract No. luob is hereby referred to and made a part hereof (the "Agreement"); and PM 94- 102 /0'HILL PORTION WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY as surety whose place of business is 777 S. Figueroa St. , 15th Fl.. Los Angeles, CA 90017 a corporation organized and doing business under the 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 bond or undertaking 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, and other persons employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO /100 - - - -- ------------------------------------------ Dollars (S 16,000-00 ------ ), 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 by 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; other- wise, 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 cost and included in any judgment rendered. The Surety and Principal further agree in the even 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 own 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 obligation 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 30th 13 2000 P� APP,pO ca < Approved Sufficient Y Director of Public Works Approved to Form: CMf' THE IRVINE CO ANY,A By: By: CORPORATION Ililliev W. ITalfoM Frr*sident irvine_gTfice.Company, a division of The Irvine Company AMERICAN HOME ASSURANCE. COMPANY Surety By: . &af !:L — SAUNDRA L. GINGRAS Attorney -In -Fad. 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange. On Fhflri I J� "L2-000 before me, Sandra L. Erickson, Notary Public ata Name and TNe of Officer (e.g., 'Jane Doe, Notary Public) r personally appeared WhAm ualferd & ve t �.,P8 M. a o'1 ne a T°° - •r Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name.(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in hisliter /their authorized capacity&,,), and that by hisfher /their signaturejs) on the instrument the personal, or the entity upon behalf of which the person(,,) acted, executed the instrument. WITNESS my hand and official seal. L,� t ,i�.�piic . Signal or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faitl#ul Per€er ranee / L & Ar; Be:ld #24 15 12 Document Date: April 4, 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 0 Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C. Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER C 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chataeodh, CA 913132402 Pmd. No, 5907 Reorder: Call Toll -Free 1- 800- 8766827 State of California County of Los Angeles On March 30. 2000 before me, Maria Pena Notary Public, personally appeared Saundra L. Gingras 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. r4. MARIA PENA CommlSSlon # 1256383 § aft�, Notary PuWC —Co=la Los An9� County y Comm. Expires Apr 18.2003 Maria Pena An et ican Monte Assurance Comp PONVER OF ATTORNEY h attC *nslTintour'irelnsuranceCon �u }'ofPiYtsburgh,Pa. Principal Bond Office: ;0 Pine Street, New York, N.Y. 10270 NO W& & 1233 KNOW' ALL MEN B)" THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a PCTIIIS 'Nadia corporation, does each hereby appoint -- -Tracy Aston, Peter Arklcy, C. K. Nakamura, E. S. r0brecht, Jr., Eduard J. Stuart, Lisa L. Thornton, Saundra L. Gingr'as, Whin A. Sadler, Dennis T. Nlenard III, Alaria Pena, Betty Walker: of Los .Angeles, California - -- its true and lawful Attomeyy) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of ir,:'emniq and wriQs obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS XVHEREOE American Home Assurance Company and National Union Fire insurance Company of Pittsburgh, Pa. have each ese¢u:e.d these presents 4 / }d 1n3�Y� STATE OIL NEW YORK I COUNTY OFNEW YORK }ss. this 80 day of December, 1999. � ` I ten e, U C arts om, Seniot Vice Pre_..Ient "oli.nnnll.nioii =i,a Insurance Connpanyof Pittsburgh,PA. Vice President, American Home .Assurance Company On this o_ 1 ccn ber. 1999 before me came the nny ! d . , t ,. n Home Assurance Cornpany and \ L,_io. ! _:!.,:; Company of Pittburt; Pa., to me by ii< Jres't- ......... . ..._.. .._ ...... . .......... _.— �._.�...— _...__. CERTIFICATE E •..y flhe Soerd.i or Dir,'aors of Amcrinn Hor c As. _.::...c Conywy swi NOW G.. M 01 Insumme Co-,.:., .: 'R!: 1 .. E4 Ow C ; . 0 n: Board, the n... �',,,> i ..,.. . ,.. ..,S I,. . -. 11CS.ily' "., t. � .,. �� .::... � '. -.l, h':.c v.,l- dv. .J :.F r7 11t! .''..: 1. i..i' '. -v -:L l' to cNccute bond-,: 6:. C:. f.i1 .111 . 'e4l�n Amwes N v: -:'� .< .,,.:;' h: t . na ,:.1!' \ \' mys obi jawry in '4o t,.cr.. r ...'. 2; !! - sc a I of the Cnn-nsns, ut we uznaactwn ONO S=&; on. .. .. . :Ind ,n.C.19t Cus 0. sun '+ ,,. c nc and tilt'. b2.,l of 1 c 1': C , „ : ).,:o Cm'ei o i..O.nJt 0! .z:'. ..- ..-!..0 � .tom -..n , mid nay such Pn� err of Aaom^S or ccmtic:d b..:.- .. � � ,.� - :::. ,,..:.'e: a .Ginnie a ON! A v,a ,; .r., � y4w so Weal with !r„pac to o'I Owl undwA94 1 n o n.:1: :,r.n: ', 1' 1t':1„et, ' :.t...:,:;,.1 rerrirhn:n,. o..: .l, .,.,s, o SO: I,c in :!tea -inc !.s.r: r_ n :, t .;iva ol,, c:.. ,.' :+1', ,dd d.,.te',n bo not Inver sitar, tit:: ctcc.n cry thcrecf , . ,,a, ii %:!:, i. 1:; �. .. a..., . M. I' ,. in:a.�..i American 1,onnu \ss:n -:nw ('c...nzr. and osNati;lanl l,:(,'. m w!%6,,.... N A hany ...:'. i''. 01 on ._, onsys .. 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