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HomeMy WebLinkAbout10/20/1995Cit co'ttacloo AGENDA Friday, October 20, 1995 9:30 A.M. Special Meeting City Hall Conference Room 21660 East Copley Drive, Suite 100 Diamond Bar, California Mayor Phyllis E. Papen Mayor Pro Tem Gary H. Werner Council Member Eileen R. Ansari Council Member Clair W. Harmony City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title H of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 111,1 IOXII IIAI! Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses reccled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In can of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL. CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous- conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and aro available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copier of Agenda, Ruler of the Council, Cassette Taper of Meetings (909) SW2489 Computer Access to Agendas (909) MO -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDEN'i-ff :D ON THE AGENDA. 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: E ;ZDO A Nw i:'% A Next Resolution No. 95-56 Next Ordinance No. 06(1995) 9:30 A.M. October 20, 1995 Mayor Papen Council Members Ansari, Harmony, Mayor Pro Tem Werner, Mayor Papen 2. SCHEDULE OF FUTURE EVENTS: 2.1 PLANNING COMMISSION - October 23, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 2.2 PARKS & RECREATION COMMISSION - October 26, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 2.3 CITY COUNCIL MUNICIPAL ELECTION - November 7, 1995 - 7:00 a.m. to 8:00 p.m. 2.4 CITY COUNCIL MEETING - November 7, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of September 5, 1995 - Approve as Submitted. 3.1.2 Regular Meeting of September 19, 1995 - Approve as Submitted. 3.1.3 Adjourned Regular Meeting of October 2, 1995 - Approve as Submitted. Requested by: City Clerk 3.2 PLANNING COMMISSION MINUTES - Regular Meeting of August 14, 1995 - Receive & File. Requested by: Community Development Director 3.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of July 27, 1995 - Receive & File. Requested by: Community Services Director 3.4 VOUCHER REGISTER - Approve Voucher Register dated October 17, 1995 in the amount of $463,531.54. Requested by: City Manager 3.5 TREASURER'S REPORT - Receive & File Treasurer's Report for July and August, 1995. Requested by: City Manager 3.6 CLAIM FOR DAMAGES - 3.6.1 Filed by Bhavin Sodha on September 11, 1995. OCTOBER 20, 1995 PAGE 2 Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.6.2 Filed by Linda Pizanti on September 28, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 3.7 RELEASE OF "MONUMENTATION" BOND FOR TRACT 47851 AT OAK KNOLL DRIVE, BENTLEY WAY AND WOODBRIDGE COURT IN THE COUNTRY - The Principal desires release of Monumentation Bond No. 001-2300-1001 posted for setting survey monuments for Tract No. 47851 (Oak Knoll Dr., Bentley Way and Woodbridge Ct. in the Country) and the transfer of these monies to the City's Quimby Fee Account in order to partially satisfy the park -in -lieu fee required prior to recordation of Diamond Bar East's second subdivision Vesting Tentative Tract 48487. The City Engineer finds that the Principal has set all monuments as shown on the recorded Tract Map and Certificate of Correction on file. This bond was a condition precedent to the approval and recordation of Tract Map 47851. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release Surety Bond No. 001-2300-1001 posted with the City and instruct the City Clerk to notify the Principals and instruct the Finance Manager to transfer the $41,750 cash bond to the City's Quimby Fee Account. Requested by: City Engineer 3.8 FINAL APPROVAL OF CONDITIONALLY APPROVED VESTING TENTATIVE TRACT NO. 48487 AND ACCEPTANCE OF OFF-SITE EASEMENTS - Approval of final map for conditionally - approved VTT No. 48487, Subdivision improvement agreement and tri -party agreement (subdivider and Walnut Valley Water District) and acceptance of off-site easements. Recommended Action: It is recommended that the City Council find that the final map is in substantial compliance with the tentative map and conforms with all requirements of the Subdivision Map Act, the City's Subdivision Ordinance and conditions of tentative map approval and approve the final map, including abandonment of certain easements and prior offers of dedication, rejecting certain offers of dedication and accepting certain other offers. Second, approve subdivision improvement agreement and authorize the Mayor to execute OCTOBER 20, 1995 PAGE 3 the agreement. Third, accept offers of dedication for public utilities and public service easements and authorize the City Clerk to execute certificates of acceptance and record easements. Requested by: City Engineer 3.9 THE 1995-96 SLURRY SEAL IMPROVEMENT PROGRAM - AREA SIX - On September 5, 1995, Council authorized staff to advertise for bids for the 1995-96 Slurry Seal Improvement Program - Area Six. Staff proposes to award a contract to the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a contract to Roy Allen Slurry Seal, Inc. in an amount not -to -exceed $125,109.50, and provide a contingency of $12,000 for the project. Requested by: City Engineer 3.10 AWARD OF CONTRACT FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE BICYCLE LANE IMPROVEMENT PROJECT - PHASE I (Diamond Bar Boulevard to Sylvan Glen Road) - Award of a public works construction contract to Traffic Operations, Inc., lowest responsive bidder, for construction of above titled project. Recommended Action: It is recommended that the City Council award a contract to Traffic Operations, Inc. in accordance with the terms of the agreement in an amount not -to -exceed of $11,692 and provide a contingency amount of $2,000 for project change orders; authorize the City Manager to approve change orders in amounts not to exceed the contingency amount and authorize the Mayor to execute the agreement on behalf of the City. Requested by: City Engineer 3.11 LEFT -TURN SIGNAL CONSTRUCTION ON NORTHBOUND DIAMOND BAR BOULEVARD AND PATHFINDER ROAD - On August 15, 1995, Council authorized staff to advertise for bids for installation of a left -turn traffic signal on northbound D.B. Blvd. at Pathfinder Rd. Staff proposes to award a contract to the lowest responsible bidder, L & R Electric Service Company, Inc. Recommended Action: It is recommended that the City Council award a contract to L & R Electric Service Company, Inc. in an amount not -to -exceed $14,920 and provide a contingency of $1,500. Requested by: City Engineer OCTOBER 20, 1995 PAGE 4 3.12 REQUEST FOR BUDGET ADJUSTMENT FOR MAPLE HILL PARK A.D.A. RETROFIT PROJECT - The City has an approved contract with Allied Engineering & Construction, Inc. for A.D.A. modifications at Maple Hill Park in the amount of $154,661.84, plus a contingency not to exceed $6,000. Due to sloughing of the slope adjacent to the project, there was additional dirt to grade than what appeared on the plans and specifications. Also, a one -foot high curb has been added to the project to prevent future sloughing from impacting the project improvements. Therefore, a change order in the amount of $7,681.56 has been prepared to have this required additional work completed. In addition, with only about 50% of the project completed and the original contingency of $6,000 depleted, staff recommends that the total contingency be increased to $15,460. A $9,460 Budget Adjustment will provide the funds necessary for the Change Order plus provision of a project contingency amount of $7,778.44. The Budget Adjustment will be funded with C.D.B.G. Reserve Funds. Recommended Action: It is recommended that the City Council approve a Budget Adjustment of $9,460 from the C.D.B.G. Reserve Fund to the Maple Hill Park ADA Retro- fit project. It is further recommended that the City Council increase the contingency amount for the Maple Hill Park ADA Retro -fit project from $6,000 to $15,460. Requested by: Community Services Director 3.13 BUDGET ADJUSTMENT FOR L.L.M.D. NO. 38 - During the first three months of 1995/96 FY, mainline breaks have occurred in irrigation systems located under Grand Ave. and Diamond Bar Blvd. Repairs caused extraordinary expenses for L.L.M.D. No. 38 maintenance in the total amount of $10,770. In order to have funds available for expected maintenance costs during the remainder of the fiscal year, it is necessary to appropriate $10,770 from the L.L.M.D. No. 38 Reserves to L.L.M.D. No. 38 Maintenance - Grounds and Buildings account. There is currently $132,881 in Reserves for L.L.M.D. No. 38 and this adjustment will leave the Reserve fund with a balance of $122,111. Recommended Action: It is recommended that the City Council approve a Budget Adjustment of $10,770 from the L.L.M.D. No. 38 Reserves Fund to the Maintenance -Grounds and Building account. Requested by: Community Services Director 3.14 APPROVAL OF JOINT AGREEMENT WITH THE CITY OF WALNUT FOR THE PURPOSE OF RETAINING ULTRASYSTEMS ENVIRONMENTAL INCORPORATED - Recently, representatives from the City of Walnut contacted City staff to discuss sharing our environmental consultant, Ultrasystems Environmental Inc. OCTOBER 20, 1995 PAGE 5 Because both cities share a common interest against the proposed materials recovery facility in the City of Industry, it would be advantageous for the two communities to combine efforts and jointly participate in funding a shared scope of services. In doing so, both cities can avoid duplication of effort and reduce overall cost. Recommended Action: It is recommended that the City Council authorize the City Manager to enter into a joint agreement with the City of Walnut in an amount not -to - exceed $20,000 to retain Ultrasystems Environmental, Inc. for environmental assessment and reporting services related to the proposed Material Recovery Facility in the City of Industry. It is further recommended that the City Council approve and authorize the City Manager to expend an additional $10,000 for individual technical studies (e.g. noise, air, traffic) as warranted. Requested by: City Manager 4. ANNOUNCEMENTS: 5. CLOSED SESSION: None 6. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. l j TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 9, 1995 FROM: George A. Wentz, City Engineer TITLE: Left -turn Signal Construction on northbound Diamond Bar Boulevard at Pathfinder Road SUMMARY: On August 15, 1995, the City Council authorized staff to advertise for bids for the installation of a left -turn traffic signal on northbound Diamond Bar Boulevard at Pathfinder Road. At this time, the City proposes to award a contract to the lowest responsible bidder, L & R Electric Service Company, Inc. RECOMMENDATION: It is recommended that the City Council award a contract to L&R Electric Service Company, Inc. in the amount not -to -exceed $14,920.00 and provide a contingency of $1,500.00. LIST OF ATTACHMENTS: X Staff Report ` Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinances(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes s No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: cx _ Nr TerreZanagi e L. anger Frank M. er Oe rge A. W n City Assistant Ci y Manager pity Engineer c: \wp60\lindakay\agen95\TSLR ELECT.109 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Left -turn Signal Construction on northbound Diamond Bar Boulevard at Pathfinder Road ISSUE STATEMENT: The City proposes to award a contract for the installation of a left -turn traffic signal on northbound Diamond Bar Boulevard at Pathfinder Road to L & R Electric Service Company, Inc. the lowest responsible bidder. RECOMMENDATION: It is recommended that the City Council receive the bids and award the proposed contract to L & R Electric Service Company, Inc. for the installation of a left -turn traffic signal on northbound Diamond Bar Boulevard at Pathfinder Road in an amount not -to -exceed $14,920.00. Further, it is recommended that the Council authorize a contingency amount of $1,500 for project change orders to be approved by the City Manager. FINANCIAL SUMMARY: The total allocated project budget is $30,000 of Gas Tax Fund and our engineer's estimate was $14,500. BACKGROUND: On August 15, 1995, the City Council authorized staff to advertise and receive bids for the installation of a left -turn traffic signal on northbound Diamond Bar Boulevard at Pathfinder Road. In response to the advertisements, a total of eleven (11) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on September 12, 1995 from five (5) firms. CITY OF DIAMOND BAR LEFT -TURN SIGNAL ON DIAMOND BAR BLVD. AT PATHFINDER ROAD October 17, 1995 Page 2 The bids received were as follows: COMPANY 1. L & R Electric Service Company, Inc. 2. C. T. & F. Inc. 3. Dela Cruz Construction, Inc. 4. TDS Engineering 5. Signal Maintenance Inc. TOTAL BID AMOUNT $14,920.00 $15,739.00 $16,991.00 $17,875.00 $18,483.00 The bid of $14,920.00 submitted by L & R Electric Service Company, Inc. has been determined by staff to be the lowest responsible bid. It is anticipated that the construction will begin on November 1, 1995 and be completed by January 19, 1996. Prepared By: David G. Liu CAWP60\LINDAKAY\CCR-95AS LRELECT.109 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between L & R Electric Service Company. Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR L & R Electric Service Company, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Traffic Signal Construction Diamond Bar Boulevard and Pathfinder Road in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Construction Diamond Bar Boulevard and Pathfinder Road in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated, September 5, 1995 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated September 12, 1995, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within eighty (80) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of two hundred fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice 3 of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not 51 more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 5 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. 0 2. 3. MINUTES OF THE CITY COUNCIL 4b REGULAR MEETING OF THE CITY OF DIAMUND 15AK *f SEPTEMBER 5, 1995 ��► CALL TO ORDER: M/Papen called the meeting to order at 6:40 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Harmony. ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner and Mayor Papen. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: None. PUBLIC COMMENTS: Raul Arrevillaga, President, D.B. Kiwanis Club, requested that an City entrance sign be installed for display of club logos. Oscar Law, 21510 Pathfinder, requested that the Dial -a -Ride program not be eliminated during the City's budget review meeting. He also requested that all staff members sign off on contracts before presenting them to Council. Red Calkins, 240 Eagle Nest Dr., stated that he was very disappointed in the way the August School Board meeting was presented. He asked why campaign signs are already up and displayed throughout the City when the City has a 30 -day Ordinance. Don Gravdahl, 23988 Minnequa, commented on campaign signs displayed on county property 2-1/2 months before the election and stated that the two involved candidates are not abiding by the 30 -day City Ordinance. Bob Huff, 1641 Fire Hollow, stated that current property owners had not given permission for campaign signs to be placed on their properties. He asked Council what they will do regarding possible campaign sign violations. Don Schad, 1824 Shaded Wood Rd., stated that in August he attended the Diamond Ranch High School/Pomona Board meeting regarding dirt removal, geological studies and access regulations. The High School is on schedule for funding and building. M/Papen stated that, per State law, it is required that a secondary access road be provided when there are 1,200 students on campus. However, if class hours are staggered and students are coming and leaving at different times, a second access road may not be required. SEPTEMBER 5, 1995 PAGE 2 Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., expressed concern over the amount of money being spent on attorney fees. She asked the City Attorney when the City can expect a smaller bill. She announced that she also attended the Pomona Board meeting regarding Diamond Ranch High School and advised that the Pomona School District is totally committed to building this school. Joann Valencia, Windfall Boudoir, 1220 S. D.B. Blvd., thanked the City and Council for their efforts in keeping Grand Ave. open with easy access to stores affected by the street rehabilitation. Frank Dursa asked the Council to discuss item 6.6 regarding how much money had been spent on sewer purposes in 'The Country." He opposed the park -n -ride expansion if it will be used by non-residents. In regard to item 6.10, Dr. Lawrence Rhodes, Fiber Court, commented that the property owners should be responsible for the $5,000 remedial plan review payment, not taxpayers. CM/Belanger advised that the City's welcome sign at the westerly entrance on Golden Springs would be discussed at the September 19, 1995 meeting and that discussion would include sign design, insignia of various service clubs, club meeting dates and times. M/Papen reported that, during a recent Senior Citizen meeting, the Dial -a -Cab program was discussed and it was rumored that the program would be dis- continued. She emphasized that the program would not be eliminated; however, the program was also discussed during a recent Finance Committee meeting in which it was stated that the City is over -budget on the program because it has been so well received. The Finance Committee referred the matter to the City Manager for review of a possible budget increase, tighter restrictions, and/or different criteria. In regard to contingency amounts provided for public works contracts, CM/Belanger stated that these funds are allocated in recognition of the reality that, regardless of the amount of preciseness that engineers and other consultants attempt to put into plans and specifications, there are times when unanticipated field conditions are encountered that require changes to the plans and specifications. The Council limits the actual amount for such changes that staff can involve themselves with. MPT/Wemer commented that some contingencies appear to be an oversight and/or that proposals are prepared hastily. He asked staff to be more cautious in preparing scope of work and identifying various ownership issues involved. M/Papen reported that the Cities of Chino and Rosemead took photographs of the Grand Ave. rehabilitation signs and complimented the City on showing support for local merchants. In regard to the Grand Ave. and D.B. Blvd. rehabilitation, CM/Belanger reported that the contractors are a week ahead of schedule and are currently working on SEPTEMBER 5, 1995 PAGE 3 modifications at D.B. Blvd. and Grand which includes lengthening of left-hand returns by 250 ft. Once the median improvements are completed by the end of September 9, the project will move further to the east and begin repair of the Grand Ave. depression and help level the street. After the depression is repaired, the project will move to Golden Springs and Grand, which will include lengthening the left-hand tum pockets in order to allow through traffic to get through easily. Once all of these projects are completed, the entirety of Grand Ave. will be resurfaced from city limit to city limit. The final area of work will be rephasing all of signals. M/Papen asked that when the signal synchronization is complete, would the speed limit signs indicate how fast people should drive in order not to miss a light. CM/Belanger stated that during non -peak hours, the speed limit will include the synchronized lights. In regard to campaign signs, he reported that from staffs prospective, signs are not looked at in terms of their content but rather, determination of time regulations, size of sign, placement of sign, etc. If signs do not fall within these criteria, the City will remove them. In regard to signs posted on private property, the only restriction is on the size of the sign. M/Papen reiterated that on public property, signs cannot be posted more than 30 days prior to the event and that utility companies prohibit placement of signs on telephone poles or other private utility property. MPT/Werner asked what happens to signs placed on public right-of-ways that are not owned by the City but that the City is empowered to remove. He requested clarification of posting signs on school district property. CM/Belanger explained that the Sign Ordinance governs property under the City's ownership or, if the City does not own the property, it may have a right to it through easement. He further advised that state, school district and county property is governed by those individual agencies. In regard to signs on utility -owned property, he stated that the City will make contact with the utilities to advise them that signs are being placed on their poles. In response to C/Ansari, CA/Jenkins reported that Ordinances have to treat all signs the same and there are restrictions in case law regarding what the City can and cannot do. C/Ansari suggested that a letter be sent to private property owners asking whether or not they would allow signs on their property. CM/Belanger asked if the Council would want to direct staff to enforce the codes and actively have the Code Enforcement officer pursue removal of such signs. C/Ansari asked if the owners of the signs which were posted early were notified of the provisions of the Sign Ordinance. M/Papen indicated that she received several phone calls from concerned citizens SEPTEMBER 5, 1995 PAGE 4 responding to the early posting of signs. She then contacted another candidate to discuss whether or not the he was aware his signs were being posted early. The candidate indicated that the signs were donated and posted by C/Harmony. She stated that she reminded the candidate that since both she and the candidate work for the Council and a Commission, they both have a responsibility to set an example of how to run a clean campaign. In regard to the Diamond Ranch High School Development, she reported that the subcommittee for the high school met with the Board of Directors for the Pomona Unified School District and displayed a letter signed by Patrick Leier to the State Legislature asking support for SB96, a $3 billion bond measure for K-12 and higher education for the March 1996 primary ballot. She displayed the $33.6 million cost estimate (not including the property value) for the school which indicated a breakdown of $11.3 million for site development; $4 million for site improvements; $18.3 million for education buildings; $7 million for gymnasium/performing arts center; $4.6 million for upper level classrooms; $2.5 million for administration/media center; $4.2 million for lower level classrooms. In regard to revenues, the School District has $17.4 million which breaks down to: $10 million from the 1991 voter -approved bond measure not yet been issued; $5.4 million donated by the Industry Redevelopment Agency and accrued interest; $2 million for general obligation bonds from a previous bond measure for site acquisition. She reported on several options that the school district has and asked residents to support them and the bond measure on the 1996 ballot. She then described a second access road that would be needed. MPT/Werner explained that the District made it clear that they do not have all of the funding available, yet they made a commitment at the last meeting that establishment of their first classrooms would be no later than 1998 and the first graduating class would be in 2001. The District is also hopeful for State funding through the bond issue in 1996. He emphasized that he totally supported the efforts of the School Board and assured that Mr. Leier understands school finances that are needed to build the school. 4. COUNCIL COMMENTS: C/Harmony reported that he attended the board meeting at the Pomona Unified School District regarding construction of Diamond Ranch High and stated that he was very impressed with the presentation. He fully supported the handling of the money, financing and scheduling of the work. He encouraged the public to talk with their school board member. He was impressed with how the school board is using the natural terrain in development of the site. He commended City stafrs efforts in keeping it fairly easy and convenient to shop in the D.B. stores during the Grand Ave. rehabilitation. In regard to the Dial -A -Ride program, he stated that he would always support the program which is funded from Prop A monies. He emphasized that political signs currently posted were not in violation of any Ordinance. Regarding the Morning Sun landslide, he presented a map indicating the slopes involved, the damaged homes on Morning Sun Dr. and the homes that could be in danger. He requested a special Council meeting to declare a public nuisance in the landslide area. CM/Belanger advised that the Council the discussion was going beyond the level of what ought to be discussed in terms of an unscheduled item. SEPTEMBER 5, 1995 PAGt , CA/Jenkins concurred with CM/Belanger that this item was not on the agenda for discussion and if there needs to be further discussion, it should be placed on a future agenda. C/Harmony requested that Council schedule an executive session to discuss the "missing" computer materials. He shared a flyer regarding the Mt. Sac "Wellness Center" which includes a gymnasium and weight lifting equipment for residents with a $99 yearly member fee. C/Ansari announced that the Library increased its hours to 6 days or 50 hours per week; she and Parks & Recreation staff have worked on a "Concerts in the Park" program for D.B.'s teenagers for the end of September; the City's General Plan is now available on "City -on -Line;" the City participated in sending five local teachers to the "Self Government Conference" in Sacramento. She then read a thank you note from Gary Amay, 7th Grade Social Studies teacher at Chaparral Middle School thanking the City for the opportunity. Further, on Thursday, September 7, D.B. High School will host their annual Branding Iron Chuck Wagon Round Up from 5:30 - 8:30 p.m., $4.00 adult; $2.00 children; $2.00 seniors. The names of 12 persons who were selected in a drawing through the City's Curbside Used Motor Oil Collection Program were also announced. MPT/Werner thanked staff for the successful "Concerts in the Park" season and announced that the City was recognized nationally for its anti -graffiti marketing design effort. In regard to C/Harmony's request for a special meeting to discuss the landslide, he stated that, in his opinion, a special meeting should be delayed until more accurate information is given and the City knows exactly what the school district will be contributing. M/Papen announced that all residents have the opportunity to participate in the 6th Citizen's Academy at the Walnut Sheriffs Station starting September 20, 1995 (for 13 consecutive Wednesday nights), 6:30 - 9:00 p.m. In response to a negative article posted about the City in the L.A. Times, she pointed out a number of positive efforts the City has made since incorporation. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - September 11, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - September 14, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - September 19, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Werner moved, M/Papen seconded to approve the Consent Calendar with the exception of Item 6.9. With the following Roll Call vote, motion carried: SEPTEMBER 5, 1995 PAGE 6 AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Ansari and C/Harmony voted against approval of the Richards, Watson & Gershon attorney bill; therefore, the bill will be removed from the Voucher Register. 6.1 APPROVAL OF MINUTES - Regular Meeting of August 15, 1995 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 12, 1995 - Received and filed. 6.2.2 Regular Meeting of June 26, 1995 -Received and filed. 6.2.3 Regular Meeting of July 24, 1995 -Received and filed. 6.3 VOUCHER REGISTER - Approved Voucher Register dated September 5, 1995 in the amount of $968,199.07, excluding the Richards, Watson & Gershon attorney bill. MPT/Werner expressed concern that the last two months' attorney's invoices have been withheld for further questioning and they still have not been resolved. He asked staff if these bills have been looked at and worked on. CM/Belanger advised that the two attorney bills have not been on the agenda; however, they were distributed to each of the Council Members in August. C/Ansari stated that she received the attorneys' July bill today for her review. and that she had difficulty in approving a warrant register if she did not have the bill. M/Papen remarked that she thought C/Ansari had reported at the last Council meeting that she had reviewed the bill with the attorney and had agreed on a reduced amount. C/Ansari clarified that she discussed the March, April, and May billing with the attorney; however, she had not discussed the June bill with the attorney. C/Harmony stated that he had several questions for the attorney in which the attorney had not been available to answer. Further, he stated that he had experienced the dilemma of bills not being provided to him until the night of the Council meeting. RECESS: M/Papen recessed the meeting at 9:15 p.m. RECONVENE: M/Papen reconvened the meeting at 9:35 p.m. SEPTEMBER 5, 1995 PAGE 7 C/Ansari moved, MPT/Werner seconded to approve Richards, Watson Gershon's May billing in the amount of $11,249.93 on the Voucher Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 6.4 APPROVED NOTICES OF COMPLETION: 6.4.1 TRAFFIC SIGNAL INSTALLATIONS ON GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS DRIVE, PROSPECTORS ROAD AND CARPIO DRIVE - Total amount of $217,910. Accepted work performed by Macadee Electrical Construction and authorized the City Clerk to file the Notice of Completion and release any retention amounts. In response to C/Ansari, CM/Belanger confirmed that this project did not have to go into the contingency fee. 6.4.2 CONSTRUCTION OF HANDICAP ACCESS RAMPS - Total amount of $55,200. Accepted work performed by Keiter Construction Co. and authorized the City Clerk to file the Notice of Completion and release any retention amounts after 35 days of filing. 6.5 APPROVED RELEASE OF BONDS: 6.5.1 GRADING SURETY BOND POSTED FOR 22100 RIMFIRE LANE IN THE "COUNTRY" IN DIAMOND BAR - Released Bond No. P2500422 in the amount of $7,920 for Tract No. 30578. 6.5.2 GRADING SURETY BOND POSTED FOR 300-366 TORITO LANE IN TRACT 50519 - Released Bond No. #SM79973900 in the amount of $62,280. 6.6 (A) ADOPTED RESOLUTION NO. 95-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. (B) ADOPTED RESOLUTION NO. 95-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A SANITARY SEWER EASEMENT ON LOT 21 AND LOT 40 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. 6.7 ADOPTED RESOLUTION NO. 90-45K A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND SEPTEMBER 5, 1995 PAGE 8 REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCE AND OTHER REGULATIONS - C/Ansari commented that she had no problem with David Liu being appointed to Deputy Public Works Director and Rob Searcy being appointed to Senior Planner. She expressed concern with the personnel ries and regulations in that they need to be readdressed by the Council to ensure that City employees are fully protected. 6.8 APPROVED STRIPING PLAN FOR NORTH SIDE OF PATHFINDER ROAD BRIDGE BETWEEN THE S.R. 57 ON/OFF RAMPS. 6.10 INCREASED THE AUTHORIZED AMOUNT FOR LEIGHTON & ASSOCIATES, INC., FOR GEOTECHNICAL REVIEW (WESTERLY PORTION OF DIAMOND BAR AT MORNING SUN) - CM/Belanger reported that there is an amount of money previously billed and an amount of money billed in the aggregate of approximately $15,000 which also suggests that an additional $5,000 be allocated to do remedial plan review. Staff reported that the staff will assess the property owners a fee to recover the costs of these reports. Staff recently transmitted a letter to the school district indicating that there were costs related to the building of a storm drain across City property in which the City would charge back to the school district. M/Papen asked if and when there will be an adequate report during which the Council can discuss a response to the fee. ACE/Meyer reported that he had discussed completion of the plans with the school board consultants along with a submittal time for City review. M/Papen asked ACE/Meyer if this matter should be scheduled in two weeks or 30 days for further discussion. ACE/Meyer advised that two weeks should be adequate time for the school district to respond. With consensus of Council, M/Papen directed staff to schedule further discussion on this matter when sufficient information is received. 6.11 ADOPTED RESOLUTION NO. 95-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA 6 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.12 ADOPTED RESOLUTION NO. 95-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE DEDICATION OF SANITARY SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. BD -94-001 IN TRACT 50519, FOR PUBLIC USE AND REQUESTING THE LOS ANGELES COUNTY SEWER SEPTEMBER 5, 1995 PAGE 9 MAINTENANCE DISTRICT TO COMPLETE ANNEXATION OF THE AREA WITHIN SAID SUBDIVISION AND IMMEDIATELY COMMENCE OPERATION AND MAINTENANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN THE CITY OF DIAMOND BAR - CM/Belanger reported that this was for acceptance of sanitary sewer easements on three parcels --lots 41, 40 and 21 in Tract 47850. M/Papen clarified that this resolution would include the City accepting a trade-off of a portion of two lots for a sewer assessment in the new tract that Diamond Bar Associates (JCC) is building and, at the same time, vacating two other sections of lots. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR 6.9 APPROVED EXPANSION OF PARK -N -RIDE LOT AT 100 N. DIAMOND BAR BOULEVARD - CM/Belanger advised that a license plate survey was conducted and it was determined that there were cars from 50 different cities on this particular park -n -ride lot. There were 37 cars from D.B. on the lot, which was the single largest number of cars from a jurisdiction; Pomona was second; Chino Hills third; Chino fourth and Phillips Ranch fifth. MPT/Werner stated that, at the last meeting, he expressed concern that the Council would have the authority to approve actual development plans. The proposed agreement was amended to authorize and empower the City to approve the development plans. Further, parking improvements should be consistent with parking standards in the City's ordinance that would apply to any commercial development. He also expressed concern with preserving all of the mature vegetation and reservation of an easement for a sign or bulletin board. These two issues were also incorporated into the agreement. C/Harmony asked who the lot is really for and how many lots were in surrounding cities. Terry Blank, Transportation Planner, CalTrans, reported that Cal Trans has approximately 70 park -n -rides in the L.A. and Ventura County areas; and 30 park -n -rides in the Riverside, San Bernardino and Orange County areas. There are park -n -rides in Pomona, San Dimas, Brea, along Route 60 and two lots in the City of D.B. C/Harmony asked how the Pomona park -n -rides lots are constructed. Mr. Blank advised that Pomona has a very large lot at the Fairplex with 700 parking spaces; on Garey Ave. on Rte. 10 and a private commercial lot at Indian Hills Market Place in East Pomona. A license study was completed two weeks ago to determine residency of park -n -ride users. 15% of the park - n -ride users are D.B. residents, the highest percentage of 50 city users. He presented the expansion plan which includes existing trees along with planting new ones. SEPTEMBER 5, 1995 PAGE 10 MPT/Werner stated that he would like to see more landscaping provided in any dead space. Mr. Blank advised that existing significant trees would not be removed or replaced and CalTrans will take another look for additional landscaping. Further, the design is a preliminary plan and the City will have the final approval. M/Papen moved, C/Ansari seconded to authorize expansion of the park -n - ride lot at 100 N. Diamond Bar Blvd. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 APPOINTMENT OF TRAFFIC & TRANSPORTATION COMMISSIONER - MPT/Werner appointed Arun Virginkar as the new commissioner for the Traffic & Transportation Commission to complete the unexpired term of Todd Chavers. 9. NEW BUSINESS: 9.1 RENEWAL OF CONTRACT WITH COMMUNITY DISPOSAL TO PROVIDE STREET SWEEPING SERVICES IN THE CITY OF DIAMOND BAR - CM/Belanger reported that on October 1, 1990, the City entered into a five- year agreement with Community Disposal for street sweeping services. Staff members recently met with representatives from Community Disposal to discuss the possibility of extending the contract and it was agreed to reduce the per mileage rate from $12.99/per mile to $12.75/per mile. Staff surveyed other cities who contract for street sweeping services indicated that the average rate is $13.20/per mile. MPT/Werner inquired as to what the street sweeping schedule will be throughout the City and if all of streets within City limits are swept regularly. Richard Nino, Assistant General Manager, Community Disposal, advised that the street sweeping schedule will be on a bi-weekly schedule for all designated streets, alleys and medians. All streets within City limits are swept; however, during construction, there may be special accommodations arranged for that sweeping. C/Ansari requested that signs be posted on the streets notifying the residents when streets will be swept. SEPTEMBER 5, 1995 PAGE 11 M/Papen also directed staff to post signs with the street sweeping schedule and to coordinate sweeping days with trash pick up days. She advised that the contractor is willing to coordinate these days and times. CM/Belanger reported that the issue of posting street sweeping signs will need to be referred to the Traffic & Transportation Commission for their input and staff should be directed to contact the trash companies to ascertain where and when they are picking up trash. MPT/Werner asked if it would be advisable to have the contractor or a staff member follow along the street sweeper in order to follow up on streets where cars are parked. CM/Belanger advised that staff will be doing a ride along and a video will be made to show the Traffic & Transportation Commission the problem streets. Nancy Villalobos complemented Community Disposal on their services and quick clean up of her street. Frank Dursa also complemented Community Disposal for their great services but he is unhappy that the City reduced sweeping from weekly to bi-weekly. C/Ansari moved, C/Harmony seconded to renew the contract with Community Disposal to provide street sweeping services and direct staff to refer the matter of posting street sweeping signs to the Traffic & Transportation Commission. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. ANNOUNCEMENTS: C/Ansari announced that Pomona Unified School District Board meetings are held on the same nights as City Council Meetings and she asked to have a citizen appointed to represent the City at the school board meetings. M/Papen referred this matter to the September 19, 1995 Council meeting for further discussion. 11. CLOSED SESSION: None. SEPTEMBER 5, 1995 PAGE 12 12. ADJOURNMENT: There being no further business to discuss, M/Papen adjourned the meeting at 9:52 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk I IM"Trs ee TUR AITV AAMAIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 19, 1995 CALL TO ORDER: M/Papen called the meeting to order at 6:40 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Papen. ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner and Mayor Papen. Also present were Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; Jim DeStefano, Community Development Director, Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 A Certificate of Recognition was presented to Kate Otto, member of the "Batbusters" Softball Team for winning the Amateur Softball Association, Girls of 16 Years of Age and Under, Fastpitch-Softball National Championship held in Midland, Texas. (DUE TO TECHNICAL DIFFICULTIES WITH THE AUDIO SYSTEM, PUBLIC COMMENTS MAY NOT BE ACCURATELY REFLECTED. PLEASE CONTACT THE CITY CLERK IF THERE ARE ANY DISCREPANCIES.) 3. PUBLIC COMMENTS: Don Schad, 1824 Shaded Wood Rd., expressed concern that birds are being shot at Pantera Park and asked if there were any way to monitor this activity. Further, he advised that trees located west of Brea Canyon Rd. and north of Pathfinder Rd. were dying. Dr. Lawrence Rhodes, Fiber Ct., advised that trees on Washington St. were also dying. He then asked the Council to adopt an Ordinance prohibiting the commercial sale of animals at local pet stores. Regarding seismic activity, he reported that D. B. was rated No. 9 on a recent earthquake study which shows that the area is at high risk for a major earthquake. Regarding insurance rates, he announced that homes within Zip Code 91789 has higher premiums than those in the 91765 zip code. He suggested that all residents within 91789 write letters to Congressman Kim's office requesting a change from 91789 to 91765. Bob Huff, Planning Commissioner, explained that, contrary to Mr. Schad's comments regarding the hospital site, a traffic alignment study was completed and filed by the Planning Commission. With respect to funding for the Diamond Ranch High School, he announced that Senate Bill 96 ($3 billion school bond issue for the March ballot) failed on the Assembly floor. He encouraged Council to proactively work with the Legislature when it reconvenes next year to get the bond issue on the November 1996 ballot. SEPTEMBER 19, 1995 PAGE 2 Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., spoke in support of the proposed Holiday Ride Program. With respect to the Warrant Register, she asked that the City Attorney's billing be withdrawn for discussion. She then requested that staff be directed to provide a status report on the land movement activity above Morning Sun Dr. Carol Herrera, 1963 White Star, announced passage of Senate Bill 2, limiting terms of elective officials serving on city councils, school boards, community college districts, district boards and county boards of supervisors. She asked Council to review SB 2 and make an assessment as to whether or not the City is desirous of having such an Ordinance put on the ballot. Jack Newe, 1081 S. Grand, representing the D.B. Historical Society, requested Council's assistance in locating an adequate storage facility for the historical materials being collected. Nick Anis expressed concern that a Council Member is not thoroughly doing his job because he is spending a lot of time campaigning for other candidates running for City Council. He asked the Council to consider adoption of a policy to discourage this behavior. Terry Birrell requested a more adequate response from the City Manager regarding the reconciliation of the City's inventory list for the "missing" computer equipment. In regard to the landslide above Morning Sun Dr., she urged the Council to take action against the responsible parties to mediate the slide and potential drainage problems before the rainy season sets in. 4. COUNCIL COMMENTS: C/Ansari announced that on Wednesday, September 20, 1995, from 7:00 - 8:00 p.m., Dr. Dale Solowick will autograph his book, Wonders of Solitude. during a fundraiser at the D.B. Library. Further, the next Senior Citizen excursion will be to the Richard Nixon Presidential Library on Thursday, September 21, 1995 from 9:00 a.m. - 5:00 p.m., fee $10.00, which includes the bus ride, entrance to the library and Knott's Berry Farm Chicken Dinner. On Wednesday, October 4, 1995, an apple picking trip to Oak Glenn will be held which includes a visit to Apple Annie's Restaurant. The fee will be $8.00. She then reported that a local artist/sculptor proposes to donate his art to the City for placement in several parks. C/Harmony stated that he and C/Ansari had requested that the Morning Sun Dr. landslide issue be placed on this agenda and asked for an explanation as to why it was not. He read a letter addressed to local resident Pam Robinson from President Bill Clinton regarding the foster grandparent program. M/Papen reminded everyone that the Ranch Festival Parade will be held on Saturday, September 22 with the Festival to be held September 29 & 30 and October 1. She then read a complete list of her Council -related activities during August to explain her usage of a City car. SEPTEMBER 19, 1995 PAGE 3 6. CONSENT CALENDAR: 6.4 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THREE VALLEYS WATER DISTRICT STAND-BY CHARGE - ACM/Usher stated that the City was requested by the Walnut Valley Water District to present a Resolution to the Three Valleys Municipal Water District regarding the imposition of a "readiness -to -serve" charge put in place for fiscal year 1995-96 by the Metropolitan Water District. Ed Beiderman, General Manager, Walnut Valley Water District, explained that the Board requested the City's support for seeking a continuation by Three Valleys of the "per parcel" charge. Three Valleys levied the parcel charge this year in the amount of $12.11 which will appear on December tax bills. He advised that it is against the law to levy both a parcel charge and a "readiness -to -serve" charge; therefore, it is being left up to the individual municipalities whether they want to place this charge on the water rate or on the parcel charge. He reported that D.B. is paying 33% of the metropolitan charge to Three Valleys and Three Valleys has already imposed a parcel charge. MPT/Werner asked if it would be better if the City kept quiet regarding these charges. Mr. Beiderman reiterated that Metropolitan has left it up to Three Valleys to either have a parcel charge or a "readiness -to -serve" charge. Ed Layton, President, Walnut Valley Water District Board of Directors, explained that he asked for this resolution because he felt that it is the most equitable solution for all consumers in D.B. and Rowland Heights because they represent about 1/3 of the meters in the Three Valleys area. If the charge is placed as a water charge, the southern agencies will pay a lot of money; however, if it goes as a parcel charge, then the people that live in Glendora, Laverne, etc., that have the same rights to get water under this "readiness -to -serve" will pay nothing - D.B. will have to pay the bill for them. The Walnut Valley District Board of Directors already discussed the matter with the Three Valleys Board and explained that it is more equitable for a parcel charge than it was for us to have to pay all of the bill. Three Valleys asked the Water District to get Resolutions from the Cities that feel the same way. MPT/Werner asked who the City's representatives are on Three Valley Water. Mr. Layton advised that Paul Stieglich, D.B. resident; Henry Barbosa, Rowland Heights; and Maxine Leightner, West Covina/Walnut. He presented a report indicating what it takes to recover from Metropolitan Water District's principal and interest payments on nor -taxed supported debt service that has SEPTEMBER 19, 1995 PAGE 4 been or will be issued to fund capital improvements. The money originally was taken from tax benefits paid in the residents' taxes; however, the state took the money away and now they have to find other ways to get the same income. He reported that by a parcel charge, residents will only be paying 21 %, but by the water charge, residents will pay a minimum of 33%. He asked the Council to adopt the Resolution. MPT/Werner stated that it is to the City's benefit to end up with a lower charge by the parcel charge approach and asked what communities have an opposite charge system. Mr. Layton stated that the City of Industry had not yet made a decision; however, cities having their own wells and not using a lot of water from Three Valleys, want it by water charge. Mr. Gravdahl shared an article that indicated that the Attorney General approves water rates. He stated that he is against the per parcel charge because large properties such as apartments or condos would be described as one parcel. He suggested a third option of having developers be responsible for water needed for their development. In regard to Mr. Gravdahl's third option, M/Papen asked Mr. Engdahl to comment on the time schedule and if it is an option to take that back through the channels of all the water agencies and is that a viable option that could be implemented at this time. Reverend Richard Engdahl, Director, Walnut Valley Water District, urged the Council to adopt the parcel charge. Mr. Layton reported that the $12.21 parcel charge is in effect now, but as of the new fiscal year, it is up to the wholesale agencies to decide whether that parcel charge stays on or their total "readiness -charge" goes into the water cost. In response to MPT/Werner, Mr. Layton explained that if the Resolution is adopted, it would provide guidance to Three Valleys and the Directors on that Board to show how the citizens of D.B. would like to see their money spent. He invited all Council Members and any residents to the next Three Valley Water Meeting. C/Ansari asked if Mr. Gravdahl's third alternative would be a possibility. She also asked what the reality is for future charges. Mr. Layton advised that if Mr. Gravdahl dug deeper to see what those rates are really about, he would probably change his mind about his third alternative. C/Harmony asked if it would be helpful if the Council adopted a Resolution SEPTEMBER 19, 1995 PAGE 5 suggesting that the City prefers the parcel charge and/or other formulas versus the standby charge. Mr. Layton stated that that kind of Resolution would help. Mr. Gravdahl invited Council and residents to the next Three Valley Water Meeting Workshop on October 12, 1995. He requested that the Council vote that they keep the MWD 12, 21 parcel charge in place until perpetuity or until it expires. Nick Anis agreed with Mr. Gravdahl in keeping the current charge in place. He also agreed with C/Harmony's suggestion of a Resolution in that the residents prefer the parcel charge and/or other solutions versus the standby charge. Barbara Beach-Courchesne disagreed with Rev. Engdahl and commented that Walnut Valley Water is very expensive. She felt there was nothing equitable about the parcel tax. She asked for a list of agencies that use Walnut Valley Water and what their charges are. Red Calkins, 240 Eagle Nest Dr., expressed opposition with the entire Three Valley organization. M/Papen asked C/Harmony to place a paragraph into the Resolution that would indicate his earlier comments. C/Harmony asked Council to urge Three Valley Water Districts to use a parcel charge formula or other equitable formulas benefitting individual users as opposed to a water charge and drop the last half of the original sentence. MPT/Werner stated that he had difficulty with the Council taking a position on a tax to be imposed by another agency. He asked that this item be held over until the next meeting so the Council can receive more information and strengthen the Resolution. M/Papen advised that the Municipal Water District has a plan for construction of new water facilities and have assessed each water agency an amount of that debt to be incumbered which is not covered by water rates. The District is constructing something that they don't have money for. With consensus of Council, item 6.4 was continued to the meeting of October 17, 1995. Mr. Steiglich, Three Valley Representative, was invited to the next City Council meeting. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 95-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A PORTION OF SEPTEMBER 19, 1995 PAGE 6 GONA COURT IN THE CITY OF DIAMOND BAR- ACE/Myers reported that adopting the Resolution of vacation would have nominal but favorable impact on the City's budget, primarily in three areas. Vacation of the right-of-way would reduce the City's financial risk related to liability for use of the street as well as reduction of operation and maintenance costs. By closing off the street from Golden Springs, it can be anticipated that the greater sense of privacy, security and prestige associated with a private street entering this community, would translate to increased property values for each of the 131 units in the complex and the City would receive its allocated share of any increase in property tax. The Resolution contains a condition that the Walnut Homeowners Assn. (HOA) annex the property and modify its CC&R's to designate the area as a private street and provide very specific standards to be approved by the City Engineer and the Community Development Director related to private streets. Existing streets in the HOA are adequate to handle residents' traffic. Since the General Plan makes no reference to any possible extension or interconnection, the street is necessary for public use and no reservation of any easement was proposed in the draft Resolution. The Homeowners declared that they will not purchase any public property, i.e., city sidewalks, gutters, etc. because they originally purchased this property from the developer. The Resolution further includes transfer of all rights, title and interest to curb, gutter, sidewalk, and pavement facilities. The right-of- way area to be vacated is approximately 25,000 sq. ft. and upon vacation, title of the property is free from the public easement and the title then is claimed along the center line of the right-of-way. M/Papen opened the Public Hearing Martha Bruske, 600 So. Great Bend Dr., supported making Gona Ct. a private street. Richard Smiley, Management Agent, 1002 Gona Ct., complimented ACE/Myers on his report in stating the Homeowners Assn.'s position. The Assn.'s intentions are not to make it a private community but rather a community needing a private street to allow the Assn. better control in the confines of the community without taking away from D. B. or adding anything to the Assn. except the control. C/Ansari commented that she supports the vacation. MPT/Werner asked if the Assn. would ask for assistance by the Sheriff once the street goes private. Mr. Smiley advised that the Assn. will provide their own security and will use the Sheriff as a last resort. Iris Delameter, D.B. Management Co., West Covina, explained that the developer charged all of the improvements originally and the homeowners paid for them at that time. She expressed concern that the general public SEPTEMBER 19, 1995 PAGE 7 has taken advantage of the pool, tennis courts and BBQ area which are reserved for homeowners only. Claude Le Baugh, President of the Homeowners Assn., Loxley PI., stated that all of the homeowners are looking forward to this vacation of Gona Ct. in order to improve the community. With no further testimony offered, M/Papen declared the Public Hearing closed. In response to MPT/Werner, ACE/Myers advised that only residents from this homeowners assn. are impacted by the street vacation. With respect to the Resolution, MPT/Werner stated that the 6th "Whereas" should be changed to read "the City Council held said Hearing and received testimony in support of and heard no opposition. There are no other properties accessed by this roadway." M/Papen offered an amendment "that we found that there is no other properties presently or in the future." MPT/Werner moved, C/Ansari seconded to adopt Resolution No. 95-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A PORTION OF GONA COURT IN THE CITY OF DIAMOND BAR subject to the amendments to item number six. M/Papen asked that the City Attorney and staff re -write item 6 in the proposed language. CA/Jenkins advised that the language will read as follows: "Testimony received was in favor of the proposal and that no testimony was received in opposition and that the subject street does not serve any other present or prospective properties beside the project." With the following Roll Call vote, motion carried AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None M/Papen explained that the Resolution will not go into effect until all of the documents are signed and recorded. 9. NEW BUSINESS: 9.3 CONSIDERATION OF PROPOSED DONATION OF PUBLIC ART- ACM/Usher stated that a donation of public art will be donated by noted SEPTEMBER 19, 1995 I A"r— is sculptor and resident, Kahlil Bendib. He further reported that the donation would be called "Ode to Diamond Bar" which would include three sculptures located at three different park sites. C/Ansari introduced Kahlil Bendib, D.B. resident. She stated that he is very involved with the Friends of the Library. Mr. Bendib introduced himself and stated that his three-part monument is a "free" gift to the City and asked for approval to raise funds and apply for City permits. Preliminary sketches showed: Monument No. 1 would be entitled "Country Living;" Monument No. 2 would be called "Last Refuge" and located at Peterson Park and Monument No. 3 would be entitled "Oasis" and installed at Summit Ridge Park. He reported that this project will cost $200,000 and private and corporate donations will be solicited. He introduced the Steering Committee. MPT/Werner advised that he met with Mr. Bendib and was shown the illustrations of the sculptures. He expressed concern that certain mounding is needed for the sculptures and asked if the Steering Committee would be responsible for the mounding and nighttime lighting. Kahlil Bendib advised that depending on placement of the monuments, the only sculpture that would need additional lighting would be the "Country Living" monument. M/Papen asked what happened to the old D.B. monument placed inside a corral off of Golden Springs. She suggested that same location be considered for these new monuments. C/Ansari asked if these pieces are intended for children to play on. Kahlil Bendib advised that because they are placed inside of the park limits, they will be used that way by children. C/Ansari suggested acceptance of the proposed donation of public art by sculptor and resident, Kahlil Bendib, direct staff to finalize a report with the Parks & Recreation and Planning Departments and bring it back to Council. With consensus of Council, motion approved. 9.1 DIAMOND BAR BRANCH LIBRARY AND LIBRARY ASSISTANCE - ACM/Usher reported that this issue includes a recommendation by the Library Ad Hoc Committee for provision of computer equipment, related furniture and software, and a grant for collection enhancements to assist users of the D.B. Branch Library. As the result of a number of meetings, there has been a very minimal change to the Library's schedule. Further, since not all of the allocated funds were used in FY 1994-95, he recommended utilizing the unused balance for computer equipment, which will remain the City's property. He also recommended a Collection SEPTEMBER 19, 1995 rAGr- V Enhancement Grant of $20,000 for a variety of purposes Mike McClintock, Area Manager, San Gabriel Valley, stated that the D.B. Library's on-line computer system would be a prototype for the rest of the County Library System. Computer programs would include 1) specialized encyclopedias; 2) guides to colleges; 3) access to the internet connected with the City's internet; 7) OPAC terminals and 8) UMI Index of Periodicals. The system will be set up and running by December, 1995. C/Ansari asked who the technical staff was who helped in deciding which computers would be best for the Library. Mr. McClintock advised that City staff and the L.A. County Library were involved in the decision for the computer set up, programs, and equipment. In response to C/Harmony, Mr. McClintock stated that business titles, various investment guides and many other programs will be purchased with the materials budget. Further, beginning September 18, the new library schedule will be as follows: Monday -Thursday 12:00 p.m. - 9:00 p.m.; Friday and Saturday 12:00 p.m. - 5:00 p.m.; the children's program hour will remain on Wednesday & Saturday at 11:30 a.m. M/Papen moved, C/Ansari seconded to appropriate $60,000 in the Library Services Fund, of which $40,000 would be utilized for acquisition of computer hardware, operational software and related furniture and $20,000 would provide a collection enhancement grant; and authorized the Mayor to execute an agreement providing for these services. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS -Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6. CONSENT CALENDAR (continued): C/Harmony moved, C/Ansari seconded to approve the Consent Calendar with the exception of Item 6.4. C/Harmony voted against approval of the City Attorney's bills on the Warrant Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of June 22, 1995 - Received and Filed. 6.2 VOUCHER REGISTER - Approved Voucher Register dated September 19, 1995 in the amount of $417,264.14. SEPTEMBER 19, 1995 PAUL 1 U 6.3 RELEASED GRADING BONDS: 6.3.1. "SANITARY SEWER" BOND FOR "HIDDEN SPRINGS" CONDOMINIUM COMPLEX AT 300-366 TORITO LANE - Faithful Performance and Labor & Materials Surety Bond No. 3SM8091600 for Sanitary Sewer P.C. DB -04-001. 6.3.2 GRADING SURETY BOND POSTED FOR 2532 BRAIDED MANE DRIVE IN'THE COUNTRY" - Surety Bond No. 3SM80012900 in the amount of $7,380. 6.5 ADOPTED RESOLUTION NO. 89-971: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - Adding the positions of Deputy Director of Public Works and Senior Planner. 6.6 ADJUSTED DIAMOND RIDE BUDGET - Appropriated an additional $62,000 to the Paratransit Services Dial -A -Cab account, bringing the total to $154,000 and increased the contractual amount to the program of $144,000; reviewed and adopted a revised service area map using major streets as boundaries (Arrow Highway to the north; Imperial Highway to the south; Central Avenue to the east and Hacienda Boulevard to the west). All malls and most hospitals and clinics currently being used by residents are in this area. Certain additional medical facilities are specified as approved destinations as well as Ontario International Airport. 6.7 APPROVED HOLIDAY RIDE PROGRAM - To provide "Holiday Ride" to the general public within City limits from the Friday following Thanksgiving to New Year's Eve (42 days) with an allocation of $20,000 of Prop A funds. 8. OLD BUSINESS: 8.1 AWARDED CONTRACT FOR CONSTRUCTION OF PARK SITE IMPROVEMENTS AT SYCAMORE CANYON PARK, STARSHINE PARK AND HERITAGE PARK IN THE CITY OF DIAMOND BAR- CSD/Rose reported that on June 12, 1995 the Council adopted Resolution No. 95-25 authorizing the City Clerk to advertise and receive bids for construction of parks site improvements at Sycamore Canyon Park, Starshine Park and Heritage Park. Bids were received from two contractors resulting in a low bid of $43,355.75 and a high bid of $61,258.00. Funds for this project were budgeted with Quimby fees in FY 1994-95 in the amount of $14,250; however, these funds were not used. No funds are budgeted in FY 1995-96 this type of project. $221,103 in Quimby funds are in reserve that are available for allocation for these park projects. The projects include: Sycamore Canyon Park - repair of the peeler poles surrounding the upper tot lot playground area and installation of fencing at the top of the slope adjacent to the tot lot; Starshine Park - installation of a walkway and picnic table pad, SEPTEMBER 19, 1995 PAGE 11 installation of a picnic table, BBQ and trash container; Heritage Park - extension of the basketball court from half to full court. He recommended award of a contract to Malibu Pacific Tennis Courts, Inc., the lowest responsive bidder, for construction of the park site improvements in the amount of $43,355.75 plus an additional amount not to exceed $2,500 to serve as a contingency. He further recommended an appropriation of $50,000 in Quimby fees from the FY 1995-96 budget for construction costs, inspection fees and any landscape architect services that may be necessary to complete the project. Martha Bruske, 600 S. Great Bend, expressed concern with the open space and that the parks need to be called a "park'. She asked how many parks exist within City limits and if the City was in competition with another City for the number of parks that we can build. M/Papen reported that the Parks & Recreation Commission prepared a 1995- 96 capital improvement plan which lists a number of these projects to be completed. Mike Goldenberg, Parks & Recreation Commission, asked Ms. Bruske to accompany him on a City parks tour to see the facilities that are adequate for the City. In regard to Mrs. Bruske's comments, MPT/Harmony stated that the improvements are for the good of the parks; however, it needs to be balanced out with the parks' open space. MPT/Werner moved, C/Ansari seconded to award the contract for construction of park site improvements at Sycamore Canyon, Starshine and Heritage Parks to Malibu Pacific Tennis Courts, Inc., the lowest responsive bidder, in the amount of $43,355.75, plus an additional amount not to exceed $2,500 to serve as a contingency. Further, to appropriate $50,000 in Quimby Fees in the 1995/96 budget for construction costs, inspection fees and landscape architect services necessary for project completion. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.2 CITY ENTRANCE SIGNS - ACM/Usher reported that city entrance signs currently exist at three major gateways of the City; however, two entrance points are without entrance signs, which include Grand Ave. near the 60 Fwy. and Golden Springs Dr. at Calbourne Dr. He asked for Council's guidance as to their desires regarding the design of entry signage. SEPTEMBER 19, 1995 PAGE 12 CDD/DeStefano explained that two years ago, the City selected 5 gateways to the community as locations for entry signage. He displayed how the approved entry signs look at 3 of the 5 locations as well as current sites in the proposal for the 2 additional signs. At the direction of Council, staff prepared several entry sign design options for consideration and review and stated that the subcommittee preferred Alternative No. 1. M/Papen asked the Council if they are interested in keeping the signs low profile; how they wished materials to be used, and whether the Council should limit the choice to 3 or 4 and allow the public to vote on their choice of signs. C/Ansari asked how much the original signs cost the City and agreed with M/Papen to allow the public to decide on the entry signs. CDD/DeStefano advised that the original signs cost $1,500 to create and $1,500 for installation. MPT/Werner stated that these signs need to be properly placed to exclude any obstruction of view. C/Harmony stated that he likes the idea of having the community's input and also include the choice of "none of the above." MPT/Werner stated that Alterative No. 2 takes on the same design as the windmill at the Ralph's Shopping Center. He suggested that a windmill, branding iron and City name should be incorporated into one entrance sign. M/Papen suggested that a ballot be provided at the City's booth during the Ranch Festival to obtain citizens' input with a report from staff on the results at the meeting on October 17, 1995. The ballot should include 3 or 4 options, "none of the above," and a choice to "stay with the current sign." Further, she suggested elimination of Alternative No. 4 and replace it with a windmill. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING - September 25, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - September 28, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - October 2, 1995 - 4:00 p.m., City Hall Conference Room, 21660 E. Copley Dr. - to approve the Warrant Register. 5.4 CITY COUNCIL MEETING - October 17, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. SEPTEMBER 19, 1995 PAGE 13 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: None 12. ADJOURNMENT: There being no further business to discuss, M/Papen adjourned the meeting at 10:17 p.m. to Monday, October 2, 1995 at 4:00 p.m. for discussion of the Warrant Register. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 14, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Huff. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Meyer, Schad and Fong. Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy: Consulting Engineer Mike Myers; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of July 24, 1995. C/Fong requested the first sentence, Paragraph 5, Page 9 be corrected to read as follows: "C/Fong stated he has a problem with the proposed site because staff indicated that the applicant is unwilling to consider other sites." A motion was made by C/Meyer and seconded by VC/Huff to approve the minutes as corrected. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS - None NEW BUSINESS: 1. General Plan Conformity Report No. 95-2 for Acquisition of Sanitary Sewer Easement and Summary Vacation of Sanitary Sewer Easement Pursuant to Government Code $65402 for property located within Lots 21, 40 and 41 of Tract No. 47851. August 14, 1995 Page 2 Planning commission Property Location: Vacation of Existing Easement (Lots 21 and 40, Tract 47851) Acceptance of Proposed Easement (Lot 41, Tract 47851) Applicant: Hunsaker Associates Property Owner: Diamond Bar East Partners CE/Myers stated the City of Diamond Bar has received a request from Diamond Bar East Partners to construct one of the sanitary sewer lines for this subdivision at a location different from that approved on the original sewer improvement plans and as was shown on the final map of Tract No. 47851. This subdivision (Tract No. 47851) was approved and recorded in July of 1994. Lots 21 and 40 were burdened, by dedication on the final map, with easements for sanitary sewer purposes. Subsequently, the Subdivider determined that Lots 21 and 40 could be better utilized if they were free of the sewer easements that encumbered them. Prior to construction of any sewer improvements in this vicinity the Subdivider prepared a revision to the sewer improvement plans which realigned a portion of the proposed sewer mainline out of Lots 21 and 40 and across Lot 41. This proposed revision of the improvement plan has been approved (subject to the dedication and acceptance by the City of an easement for sanitary sewer purposes across Lot 41) and the sewer facilities have now been constructed. No sanitary sewer service point of connection for any lot was changed by this revised alignment. Lots 40 and 41 continue to be serviced by house laterals in Oak Knoll Drive and Lot 21 by a lateral in Woodbridge Court. The exhibits attached to the staff report show both the existing easements (proposed vacation) and proposed easement (offer of dedication) . The owner has offered to the City a sanitary sewer easement across Lot 41 which is described in Exhibit "B". Those easements proposed to be abandoned are described in Exhibit "C". CE/Myers continued that upon acceptance by the City Council of the offer of dedication of a sanitary sewer easement over Lot 41, the existing sewer easements over Lots 21 and 40 which are proposed to be vacated would: • be no longer needed for the present or prospective use of the general public; • have been superseded by an alternate sewer easement location and no other public facilities are within the easement; August 14, 1995 Page 3 Planning Commission • have not diminished service to any property which previously enjoyed such planned services; • be sanitary sewer easements in excess of that required for the necessary and proper service to these properties and the general public; The California Bicycle Transportation Act, Section 892 of the Streets and Highways Code of the State of California requires in part that "(r)ights-of-way established for other purposes by cities, counties or local agencies shall not be abandoned unless the governing body determines that the rights-of-way or parts thereof are not useful as a non -motorized transportation facility." The sanitary sewer easements to be abandoned are generally on steep slopes (approximately 2:1) and do not provide opportunity for extension of interconnection of any master planned or General Plan bicycle, equestrian or pedestrian facility in the City of Diamond Bar. Pursuant to Section 15312 of the California Environmental Quality Act (CEQA), this matter is categorically exempt. It is recommended the Planning Commission approve the attached resolution finding and reporting that: 1) pursuant to section 65402 of the Government Code, the location, purpose and extent of both the acquisition and vacation of sanitary sewer easements is in conformance with the General Plan; and further recommending that, 2) as required by section 892 of the Streets and Highways code, the City Council findS that the sanitary sewer easements proposed to be vacated are not useful as a non -motorized transportation facility. Responding to C/Schad, CE/Myers stated their request does not affect the pumping station, electrical equipment, loads on the facility, and does not change the quantities going into the pump station. CE/Myers, responding to C/Meyer, stated that, in his judgement, there would be no future use nor any other benefits to the public by retaining the existing easements. The proposed uses at the alternate location are identical to the original use. A motion was made by C/Schad and seconded by C/Meyer to approve General Plan Conformity Report No. 95-2. The motion was approved 5-0 with the following roll call: August 14, 1995 Page 4 Planning Commission AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Schad, VC/Huff, None None None Meyer, Fong, Chair/Flamenbaum 2. General Plan Conformity Report No. 95-3 for acquisition of property located adjacent to Summit Ridge Park (Lot 51 of Tract 42560) Pursuant to Government Code 565402. CDD/DeStefano stated in early 1995 the City had an opportunity to acquire a 1.27 acre parcel which currently functions as a neighborhood pocket park and is located adjacent to Summit Ridge Park on Summit Ridge Drive. The property became available as a result of notification by the County of Los Angeles Tax Collector of a pending sale and auction relating to the non-payment of taxes for this privately held piece of property. The City exercised its legal prerogative to acquire the subject property. Since that time, the office of the County Tax Collector has been finalizing its documents and it is now appropriate for the City to take final action to secure the purchase of this acreage. The City maintains that the property should be acquired through the public acquisition process to insure proper utilization of the property in conjunction with Summit Ridge Park. The City's Planning Commission, in accordance with Government Code 565402, must make a finding that this purchase has been acknowledged and that it is consistent with and conforms to the General Plan. The Vision Statement contains a component related to the preservation of open space resources. The Land Use Element and map designates the property as "Park" (PK). The acquisition of the property is consistent with the Resource Management Element as identified within Objective 1.3 and Strategy 1.3.3, located on Page III -12, and the Public Services and Facilities Element as described within Strategy 1.5.1, located on Page VI -6. Staff recommends that the Planning Commission approve the attached resolution finding the acquisition of Lot 51 of Tract 42560 in conformance with the General Plan. Responding to C/Meyer, CDD/DeStefano stated this pocket park was a requirement of a subdivision. The mother tract for this property has a number of small pocket parks. These parks are privately held by the development company that subdivided the tract with restrictions, or as part of the homeowners association. The City determined a benefit to acquire this property for non- payment of taxes rather than have it go to public auction for possible acquisition for single family residential August 14, 1995 Page 5 Planning Commission development. The approximately five pocket parks in the immediate neighborhood are maintained via the local lighting and landscape maintenance district. VC/Huff questioned why this pocket park became available due to non-payment of taxes and the other parks have not. He asked if the City should be researching this circumstance with respect to the other pocket parks with the expectation that developers may be routinely abandoning them because they have no value to the developer. CDD/DeStefano responded that although the other properties have not come up for non-payment of taxes, they may come up in the future. A report is sent to the City by the County of Los Angeles in January of each year that indicates all properties subject to tax sale. The City has attempted to reach the property owner to no avail. C/Meyer stated his concern that if this park was constructed for recreational purposes to service a subdivision development, the intended use can be abandoned simply by not paying taxes. If this park was a condition of the development, the enforcement of those conditions is lacking and the City should review all such conditions for compliance. The public should not be in a position of assuming the maintenance of a park that was originally intended to be part of a subdivision and therefore a responsibility of the subdivider and the homeowners association. In the future, the City should be certain that, with the creation of pocket parks, the conditions and CC&R's are written to assure the developers long term responsibility and that the developer may not avoid that responsibility simply by not paying the property taxes. VC/Huff suggested the City may need to set aside funds to acquire the other pocket parks if the developer is systematically abandoning them. He further suggested that it might be advantageous to negotiate the donation of these parks to the City at the time of development rather than monitoring for acquisition. CDD/DeStefano responded that the City recently acquired property from Bramalea in a similar circumstance. Responding to C/Fong, CDD/DeStefano stated the pocket park is a flat area below Summit Ridge Park immediately adjacent to Summit Ridge Drive. It is primarily grass with trees that were installed by the developer. In response to Chair/Flamenbaum, the pocket park is not part of the General Plan inventory matrix of parks. The pocket parks are designated as Public Parks in the General Plan. August 14, 1995 Page 6 Planning Commission A motion was made by VC/Huff and seconded by C/Meyer to approve the resolution finding the acquisition of Lot 51 of Tract 42560 in conformance with the General Plan. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: VC/Huff, Meyer, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 3. Planned Sign Program No. 95-4. A request to amend Planned Sign Program No. 94-2. Property Location: 1180 South Diamond Bar Boulevard Applicant: Property Owner: Ron Underwood, 3600 Birch Street, Suite 220 Newport Beach, CA 92660 Nikko Capital, 3961 Mac Arthur Boulevard, Suite 105, Newport Beach, CA 92660 AP/Searcy stated that this request is to amend Planned Sign Program 94-2 which was approved by the Planning Commission on March 14, 1994 for the "Diamond Bar Towne Center". This project is located in an Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone. The General Plan land use designation is Commercial (C). The owner and applicant are requesting to amend the three existing monument signs. Sign A is located at the north end of the center along Diamond Bar Boulevard; Sign B is located at the south end of the center along Diamond Bar Boulevard; and Sign C is located on Grand Avenue. The existing Planning Sign Program allows for each monument sign to be six feet six inches (6' 611) in height and eight feet (8' 011) wide. The signs along Diamond Bar Boulevard (Signs A and B) include the street address in six inch numbers. The proposed amendment to the Planned Sign Program requests the following changes: * All monument signs will include center identification along the top edge. * Sign A: This sign will be for shop tenant identification. It shall be six feet (6' 011) tall and five feet (5' 011) wide. Currently, this sign extends four feet into the City's right-of-way. To correct this, the proposed monument sign shall be located at the property line, perpendicular to the screen wall. August 14, 1995 Page 7 Planning commission * Sign B and Sign C: These monument signs are for anchor tenant identification and shop tenant identification. Both are six feet (6' 011) tall and twelve feet (12' 011) wide. The proposed monument signs shall be a minimum of five feet from the property line and two feet from any curb. Sign B shall be located a minimum of four feet from the windmill. Sign C shall be located approximately six feet from the property line (adjacent to screen wall) and will include the removal of ten feet of the screen wall along Grand Avenue. Currently, there are several large trees in the vicinity of the Grand Avenue monument sign. If the removal of the large Sycamore tree becomes inevitable, the applicant has agreed to replace it with two similar 24 inch box trees. The City's Public Works Division has conducted a preliminary review of this project. Comments from Consulting Engineer Mike Myers include: 1) Any part of the monument sign shall be a minimum of two feet from any curb that is adjacent to parking spaces or an aisle of traffic, and 2) Each monument sign shall be a minimum of five feet from the property line. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt §15301. Staff recommends that the Planning Commission approve Planned Sign Program No. 95-4, Findings of Fact, and conditions as listed within the resolution. Responding to VC/Huff, AP/Searcy stated that the Planned Sign Program was originally approved in 1994. The center was built a number of years prior to the City's incorporation. The existing monument signs were erected during the construction of the center. Therefore, the four foot encroachment into the City's right-of-way is a pre-existing condition which will be corrected by this amendment. Responding to C/Meyer, AP/Searcy stated the City's Sign ordinance permits tenant signs. C/Meyer stated he is not in favor of these types of signs. The small reader boards are a waste of time and a blight on the area. CDD/DeStefano stated the primary purpose is to facilitate the new occupant of the vacant Boston Stores unit to have advertising on the street. In order to accomplish the August 14, 1995 Page 8 Planning Commission facilitation, the property owners elected to approach the City with new monument signs that would reduce the number of tenants advertised at the street and identify and advertise for the major retailers. C/Meyer further stated he believes the proposed signs are a major improvement over what was approved in 1994. AP/Searcy, responding to C/Meyer, stated the City's Public Works Department believes proposed sign C will promote safer traffic flow than the existing sign. In response to C/Schad, AP/Searcy stated the current street modification will leave adequate space for the new signs. C/Fong stated he is concerned about the removal of the existing Sycamore tree. AP/Searcy responded that the applicant has agreed to take all measures to maintain the existing tree. In the event there is a problem in retaining the tree, staff has included mitigation measures for replacement. In response to C/Schad, Chair/Flamenbaum stated the applicant is complying with the current sign ordinance. C/Schad stated if the applicant has to remove the tree, he would like to have a guarantee of replacement in the approval. Applicant Ron Underwood, in response to Chair Flamenbaum, stated it is his belief that the Sycamore tree will have to be removed to facilitate the proposed sign. However, the owners preference is to retain the tree. Stan Heikenen, Nikko Capital, stated the property owner is interested in cooperating with the City. If removal of the Sycamore tree is necessary, 36 inch box trees could be used for replacement as long as it is horticulturally feasible. C/Meyer reiterated his motion to approve Planned Sign Program No. 95-4 with an amendment to replace the Sycamore tree with two 36 inch box trees rather than 24 in box trees. VC/Huff concurred with a second to the motion.. The motion was approved 5-0 with the following roll call. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum None None None August 14, 1995 Page 9 Planning Commission PUBLIC HEARING: 1. Conditional Use Permit No. 95-2. This is a request to locate an unmanned remediation compound at the existing mini -market. The purpose of the facility is to remove, by vapor extraction, petroleum by-products which have leached into the soil as a result of gasoline storage tanks which had been used as a part of a gasoline station previously operating on-site. Property Location: 3302 S. Diamond Bar Boulevard Applicant: Ralph Moran, P.O. Box 6037, Artesia, CA 90702 Property Owner: ARCO Chair/Flamenbaum stated he has a leasehold interest in the property, recused himself and left the dais. The gavel was passed to VC/Huff for this item. AP/Searcy stated the General Plan land use designation for the subject site is OP (Professional office) and the site is located in Zone CPD (Commercial Planned Development). The use is conditionally permitted within the zone pursuant to section 22.28.150 of Title 22 of Planning and Zoning Code. The project site is currently developed with an AM/PM Minimart with self -serve gasoline facilities. The site is served by Diamond Bar Boulevard and Brea Canyon Road. The development of the site was approved by the Planning Commission and development of the site was completed approximately two years ago. During the preparation for development of the site there was a determination made that gasoline storage tanks previously located on-site, had leaked petroleum hydrocarbons into the soil. Site development was allowed to proceed with the understanding that future remediation of the site would be required. The applicant has completed the testing of the site and has determined the plume of contamination. The preliminary tests indicate that the contamination extends across the area currently used as the driveway aisle, parking area, and into the public right of way. The available techniques for remediation of contaminated soil include removal of the soil and deposition of the soil in an approved location. Another method would include soil aeration, a method which requires removal of the soil and spreading the soil in a manner that allows oxygen to commingle with the sample and speed the decomposition of the contaminated compounds. This method August 14, 1995 Page 10 Planning Commission can be accelerated with the application of bacteria specifically developed with an appetite for hydrocarbons. A much more economical method is implementation of a vapor extraction system. A vapor extraction system involves establishing an underground system of extraction wells that connect with an above ground unit that encompasses the control panels, contamination receptacles and air stack. When the unit is in operation, the hydrocarbons are leached from the soil at variable rates, transferred to the receptacle or furnace and the contaminates are then disposed of by incineration. The incineration is conducted in conjunction with a mixture of natural gas within the unit. By-products include water and air and are disposed of in concurrence with South Coast Air Quality Management District (SCAQMD) requirements. The length of time for the remediation is difficult to estimate. The first 90 percent of the hydrocarbons removed from the site will occur generally within the first six months. The remaining contaminates may take an additional period that can extend as long as a few years. The soil materials and other factors will influence the progress over the remaining period. The maintenance of the system will be fairly consistent throughout service to the site. Vehicular traffic related to the project will not exceed 10 total trips a year and will not have an identifiable impact to parking or circulation on-site. The system operates on the principle of pumping hydrocarbons from the soil and consuming them within the unit. In conducting this procedure exhaust and condensation are produced as by-products. The condensation is filtered and returned to the ground but the exhaust is filtered and vented to the atmosphere via a 13 foot air stack. The pressurized emission escaping the stack, in conjunction with the other equipment operating the unit, will generate a sound at a noise level of approximately 85 decibels. With mitigation measures implemented within the design of the unit, the sound produced by the system will be reduced by 15 decibels at the site and will produce noise levels commensurate with ambient levels 20 feet from the site. The system proposed to remediate the contamination at the subject site is an efficient cost effective method of soil remediation. The plume of contamination is widespread over the site and extends off-site as well. The system is self contained and requires little maintenance and site visitation. The primary impacts August 14, 1995 Page 11 Planning commission associated with this type of use revolve around the exhaust produced by the unit. The exhaust is required to meet all AQMD air quality standards. The sound levels produced by the pressurized emissions, unconstrained, can produce noise levels upwards of 85 decibels. The design of the system has been modified to reduce noise by 17.5 percent. Twenty feet (201) from the project site the noise level conforms to the ambient noise levels. The unit is located over 200 feet to the nearest residence and will have no direct noise impact on the development. The unit will operate at high efficiency for the first six months removing more than 90 percent of the hydrocarbons. The remainder of the operation time is presently indeterminate as various factors will affect the long term duration of use. Pursuant to the terms of California Environmental Quality Act (CEQA) this project has been determined to be categorically exempt pursuant to section 15301 (f) and 15303. This application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on August 4, 1995 and all property owners (28) within a 500 radius were mailed notices of the public hearing. Staff recommends that the Planning Commission open the public hearing, receive testimony and adopt the attached draft Resolution approving Conditional Use Permit No. 95- 2. AP/Searcy referred the Planning Commission to the 11 Conditions of Approval and cited condition #8 as evidence that staff has given latitude in making certain that this project is compatible with adjacent neighbors. Responding to C/Schad, AP/Searcy stated the proposed system is not the same system that is running next to the theater at Country Hills Towne Centre. AP/Searcy, responding to VC/Huff, stated the contaminates have leached into the water table. It is difficult to determine how far the plume has extended into the water table. Vapors have been cemented over and are not leaking into the air. The plume is approximately seven feet (71) below the surface. The dimensions of the pad for the incineration unit are 15 feet by 8 1/2 feet, and 12 feet high enclosure with a 13 foot stack. The County will determine the threshold of the mitigation measures. August 14, 1995 Page 12 Planning commission The site will be monitored by computer and visited once a month for maintenance. VC/Huff declared the public hearing open. Bruce Flamenbaum, a Diamond Bar citizen, stated he has a leasehold interest in the property immediately adjacent to the project site. He indicated he favors locating the equipment on the opposite side of the ARCO station to that proposed by the applicant. Christian Faulk, CE Thomas Company representing ARCO, stated the applicant chose the location for the equipment because it was determined to be the least visible location to vehicular traffic. Ken Allen, ARCO Products Company, stated the location proposed by Mr. Flamenbaum may not belong to ARCO. Therefore, the permit process could be lengthy. In addition, there is a sewer easement in the area which could interfere with the necessary underground piping. Responding to C/Schad, Mr. Allen stated the unit is contained in a semi -sound proofed enclosure. In addition, acoustic panels can be mounted on the interior of the enclosure. Mr. Allen stated the applicant is driven by the conditions of approval, specifically citing Condition #8. Mr. Faulk, responding to C/Meyer stated an electrical meter is installed to keep the cost of the installation separate from the dealer. In addition, the meter assists in monitoring the efficiency of the unit. The average installation time is one to one and one-half years with the maximum time being two years. ARCO is interested in the maximization of time since the cost to run the unit is approximately $6,000 per month. VC/Huff declared the public hearing closed. C/Meyer stated he is in agreement with the proposed location. He suggested a masonry wall similar to the trash enclosure be built around the proposed facility. In addition, he suggested power poles be eliminated and the facility be served underground. He proposed two 36 inch boxed trees to screen the proposed facility. A motion was made by C/Meyer and seconded by C/Schad for conditional approval of the project subject to a masonry wall enclosure, elimination of the overhead electrical and installation of at least two 36 inch box trees. August 14, 1995 Page 13 Planning commission C/Fong stated that, instead of masonry block wall, he suggested minimizing additional masonry walls or construction, and proposed the applicant be allowed to fence the equipment with temporary fencing. He suggested a temporary redwood picket fence which would be less expensive. C/Meyer stated he would oppose C/Fong's suggestion since the facility is new and built of masonry material. A masonry wall to enclose the unit would cost approximately $800 and would be more consistent with the current facility. Mr. Faulk, in response to C/Schad stated the motor is approximately 15 horsepower. He indicated he did not believe it would be a problem to secure an underground power source. Responding to C/Meyer, Mr. Faulk stated he believes the chain link fence with wooden slats is more aesthetically pleasing than the masonry wall and it is easier to remove. He indicated he is also concerned that explosive materials might be contained in a confined area. He further stated he would propose shrubs in place of trees because the trees tend to turn brown from the fumes. In response to CDD/DeStefano, Mr. Faulk stated it would take approximately one to two weeks to return to the City with drawings to incorporate the proposed amendments. CDD/DeStefano stated that with the number of doubts with respect to the items expressed by the Commissioners it would be appropriate for the Commission to consider a continuance of this item. Responding to C/Meyer, Mr. Faulk stated they would prefer to proceed with the facility. He further stated that if it is the Commissions desire, the applicant will install a masonry wall. He indicated he does not feel it is in the public interest to delay the project. C/Meyer responded to Mr. Allen that a six foot high enclosure would be adequate. Mr. Allen suggested that the Commission consider shrubs in place of the box trees. C/Meyer agreed that the applicant should continue the current landscaping and include the enclosure. C/Meyer reiterated his motion to adopt the Resolution approving Conditional Use Permit No. 95-2 subject to a six foot high masonry enclosure, elimination of overhead electrical and landscaping for the enclosed area that is consistent with the current landscaping. August 14, 1995 Page 14 Planning Commission C/Schad suggested that soundproofing panels be installed on the interior of the block wall. Mr. Faulk responded that the block wall is a tremendous sound barrier and should not require additional soundproofing. However, if the noise level is found to be problem, the applicant will take the necessary measures to mitigate the problem. The motion to approve Conditional Use Permit No. 95-2 subject to the stated amendments was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Flamenbaum ABSENT: COMMISSIONERS: None Chair/Flamenbaum returned to the dais. PLANNING COMMISSION ITEMS: VC/Huff questioned whether the Grand Avenue median is being watered regularly during rehabilitation. CDD/DeStefano responded that he understands there is a problem with the water line. He believes the median is currently being hand watered. VC/Huff requested a calendar of events for the Planning commission. VC/Huff asked for a status on his earlier request that the Planning Commission review current projects on a Saturday field trip. VC/Huff requested an update with respect to recommendations for proposed high school ingress/egress. CDD/DeStefano responded to VC/Huff that the review of projects was to coincide with the Development Code process. Staff and the Planning Commission agreed that the Commission should review projects that have been developed as a result of current codes to assist in deciding whether those codes are appropriate for the City's future projects. Staff indicated the tour could include other cities. Staff requested that the Commissioner's provide staff with a list of projects in other cities they would include in the Development Code process. As previously related to the Commission regarding the second access road for the Diamond Ranch High School, there are three road alignments that are possible: From Golden Springs Drive cutting through the property commonly known as the "Eric Stone" site, paralleling the 60 Freeway and entering the property at the rear of the high school; from one of the cul- de-sac's off of Armitos; and the end of Deep Springs Drive August 14, 1995 Page 15 Planning commission where there is a drainage structure. The school district is considering the third option as a second access point which would be designed solely for emergency purposes. The City is interested in a second access road, however, the City is not interested in paying for such a road. The district would prefer that the road be constructed at the City's expense. It has been estimated that, depending on the route, the cost could be $3,000,000. to $10,000,000. He indicated he has been informed that the City will not investigate this item any further until there is some type of agreement proposed. Responding to Chair/Flamenbaum, CDD/DeStefano stated there is no authorization to the City's Engineering staff to expend City funds for these types of road alignments. Attempting to plan for the eventual connection of the school to Diamond Bar is a good one. However, the City's position at this time is that there will be no City funds expended for the school project. Some streets were designed in a conceptual manner at the time the concept plan for Tres Hermanos was completed. There is only one cul-de-sac that would not involve the purchase of a residential dwelling. All other cul-de-sac's would involve the elimination of one or more houses. The consideration in this matter is the use of City resources for a school district project. C/Fong stated he noticed at the northeast corner of Diamond Bar Boulevard and Cold Springs Lane that the existing apartment development is still displaying old banners and wooden signs. He asked that staff review this location to determine if the signs conform to the City's sign code. C/Meyer commended the City Council for adopting a General Plan recognizing the fact that there is not a General Plan in existence that will please 100 percent of the population. At a minimum, the first rock of the foundation is in place. In addition, he commended staff for their stellar efforts in moving forward with this seemingly lost cause and doing it with a minimum amount of personnel and a maximum amount of effort. Chair/Flamenbaum presented staff and Planning Commissioners with a copy of "Proposed General Plan Provision for the Conservation of Oak Woodlands" which was produced by the California Oak Woodlands Conservation Society to be considered for policies and proposed language for the proposed Tree Ordinance. INFORMATION ITEMS: 1. Status Report regarding implementation of General Plan (i.e. Tree Preservation Ordinance, Slope Density Ordinance, Development Code, etc. August 14, 1995 Page 16 Planning Commission CDD/DeStefano stated that with the adoption of the General Plan staff is beginning the implementation process. The Planning Commission will begin with the creation of a new Development Code. The City recently adopted a new Municipal Code which creates a better structure for the Development Code with respect to the code sections, citations and the overall outline. Staff proposes to bring individual ordinances to the Planning Commission such as the Tree Preservation Ordinance, a Slope Density Ordinance, the Parking Ordinance, etc. The City is close to issuing the Request for Proposal to development code consultants. The effort to produce the previously mentioned ordinances will be a staff driven effort. Staff will begin the public notice process for these items to be agendized for the September it Planning commission meeting. CDD/DeStefano continued that in addition to copies of the General Plan, the Planning Commission has been provided copies of the annotated version of the Political Reform Act which discusses campaign contributions, disclosures, gifts, etc. In addition, staff is transmitting information to the Commissioners received from the July San Gabriel Planning Committee meeting attended by VC/Huff and AstP/Lungu. The subject discussed was 1115 Ways to Fix the Suburbs". ANNOUNCEMENTS - None ADJOURNMENT: Chairman Flamenbaum declared the meeting adjourned at 9:00 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Director Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION BOARD HEARING ROOM OF S.C.A.Q.M.D. 21865 Copley Drive JULY 27, 1995 CALL TO ORDER Chairman Ruzicka called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Ruzicka. ROLL CALL Present: Chairman Ruzicka, Vice Chairman Goldenberg, Commissioners Finnerty, and Medina. Commissioner Tye arrived at 7:05 p.m. Staff: Community Services Director Bob Rose Recreation Supervisor Chris Emeterio MATTERS FROM THE AUDIENCE - None CONSENT CALENDAR 1. Approval of Minutes of June 22, 1995 meeting - C/Tye moved to approve the minutes, seconded by C/Medina and carried 3-0. C/Finnerty abstained. OLD BUSINESS 2. Up -date on Capital Improvement Projects - CSD/Rose reported that the following capital improvements include: a. Peterson Park Picnic Shelter - CSD/Rose advised that the picnic shelter is ready for the cement pad footings. He stated that once the cement footers have been inspected, the remainder of the shelter will be completed. C/Finnerty asked for the completion date. July 27, 1995 Page 2 Parks & Recreation Commission CSD/Rose advised that the completion date is set for September 1, 1995. b. Maple Hill Park ADA Retro -fit - CSD/Rose advised that Phase I of the playground equipment demolition work has been completed. He stated that Phase II will go out to bid in September. He also advised that the completion date for Phase I is scheduled for September 29, 1995. C. Park Monument Signs - CSD/Rose advised that this item will be presented at the August 1 City Council meeting for award of contract. He stated that in order for the guarantee of the contractor's bids, the monument signs need to be acted on by August 1, 1995. He advised that the lowest bid belongs to Hondo Company Inc., in the amount of $60,245.00 for 10 monument signs. He also advised that there was discussion by the City Council as to whether that amount of money should be spent on the signs. CSD/Rose stated that staff did prepare a fall -back position that eliminates the second monument signs at Summit Ridge Park and Ronald Reagan Park. He further stated that this change would generate a savings of $10,000. d. Pantera Park - CSD/Rose reported that the construction drawings are in process. Discussions have been held to include a 1,000 square foot meeting room in the building. He advised that the entire construction document process will take approximately 6 months. This includes the review of the documents by the entities that are affected by the proposed construction of the park. VC/Goldenberg raised a concern that the 1,000 square foot meeting room will not be large enough to benefit the community. CSD/Rose explained that originally the building only included 1,000 square feet, however the meeting room being discussed will add another 1,000 square feet, for a total building size of 2000 square feet. He further explained that the intent of the meeting room is more of a neighborhood use rather than a community use. He advised that this building would provide a location for birthday parties, neighborhood meetings, etc. C/Finnerty asked what the occupancy limit would be for this room. July 27, 1995 Page 3 Parks & Recreation Commission CSD/Rose advised that the occupancy limit would depend on the use of the room. He explained that if the meeting room was being used for auditorium style seating it would require seven square feet per person or maximum of 142 people; for dining style seating, 15 square feet per person, or maximum of 66 people; and any type of child care program, 35 square feet per person, or maximum of 28 people. C/Ruzicka further explained that this building was never meant for large groups meetings. C/Finnerty asked if the drawings would include any additional space for room additions in the future. CSD/Rose stated that at this point staff does not have the final design of the building. VC/Goldenberg stated that the Commission would like to see either a larger building or at least some sort of conceptual thought for modular growth. C/Tye asked about the financing and the budgeting of the monument signs. CSD/Rose advised that the original budget for the monument signs was $30,000. He further advised that when the plans and specifications were taken to the City Council for approval, staff estimated a total installation cost of $55,000. He stated that staff will now approach the City Council with the need for approximately $70,000 to construct and install the monument signs. With the consensus of the Commission, the Capital Improvement Projects Report has been received and filed. NEW BUSINESS - None INFORMATIONAL ITEMS 3. Report on User Group Sub -Committee Meeting held on July 13, 1995- CSD/Rose advised that the User Group Meeting for the allocation of athletic facilities was held on July 13, 1995 and 13 youth sports representatives attended. He reported that the City facilities were allocated for the dates of July 27, 1995 Page 4 Parks & Recreation Commission August 1 - December 31. He stated that AYSO Soccer was having a concern with the Walnut Valley Unified School District regarding the facilities for their program and the policy to charge $7.00 per participant for the use of school district facilities. 4. Recreational Program Up -date a. Contract Classes - RS/Emeterio advised that the contract class program for the summer is well underway and will continue through the end of August. The program goal for the summer is $50,000. The current revenue taken in to date is $41,072. Last year's revenue at this time was $41,000. He also advised that classes that have been most popular are Basketball Camp, Spirit Camp, Soccer Camp, Roller Skating, Critters and Crafts, Spanish for Kids, Prehistoric Past, and Accessing the Inter Net. b. Athletics - RS/Emeterio advised that the Youth Baseball program began the week of July 5. The program currently has 478 participants, compared to last year's enrollment of 471. He further advised that this program is being played at both Heritage Park and Paul C. Grow Park. RS/Emeterio stated that picture day was held on July 15. He also stated that all teams are being managed by volunteer coaches. C. Summer Day Camp - RS/Emeterio reported that the Diamond Bar Day Camp began June 19 with enrollment of 12 day campers. He advised that the camp will continue through August 25. He further advised that the maximum camp capacity for enrollment is 40 campers. RS/Emeterio stated that the program has seen a steady rise in participation with the exception of the Fourth of July holiday week. He further stated that the program offers arts and crafts, outdoor games, self esteem projects, music, and ecology. The campers have been treated to guest entertainers and guest speakers, barbecues, and pizza parties (donated by Little Caesar's Pizza). He further advised that staff has received many positive comments from the parents of the children attending the camp. d. Excursions - RS/Emeterio reported that the Adult Excursions for the summer session have included: the State line Turnaround, the Laguna Arts Festival and Pageant of the Masters, and Tea and Toast. He further reported that excursions scheduled for the fall include: July 27, 1995 Page 5 Parks & Recreation Commission Gondola Getaway, Autumn Harvest in Oak Glen, Palm Springs Follies, Holiday Shopping at the Barstow Outlets, Newport Parade of Lights, Rose Parade, and Laughlin Get Away. 5. Concerts in the Park- CSD/Rose reported that there has been a very good turn out for the concerts in the park with the smallest crowd at 600 people and largest crowd at 1,200 people. He advised that there has been two incidents where children have been struck with rocks. He stated that a statement will be placed in the next Concerts in the Park program asking the parents to keep their children under supervision. CSD/Rose reported that the community Senior Volunteer Patrol will be patrolling the lower area of the park. VC/Goldenberg advised that the Walnut Sheriff's department will place additional deputies in the lower area of the park. C/Finnerty asked if the teenagers' battle of the bands program has been researched. CSD/Rose advised that staff has been in contact with the City of Brea for their proposal in supporting a battle of the bands program. He reported that Brea staff has been in contact with a Brea High School teacher who worked with programs that involve battle of the bands and this teacher will submit a proposal to conduct this program. VC/Goldenberg and C/Medina will be on the Battle of the Bands sub- committee. It was also announced that the first Battle of the Bands subcommittee meeting will be held on August 1, 1995, in the City Hall break room. ANNOUNCEMENTS C/Finnerty asked if Summit Ridge mini park is now a part the City's parks list. She also asked if this park is a part of the landscape assessment group and not part of the City budget. CSD/Rose advised that the City Council has acquired ownership of the Summit Ridge mini park and it will remain as part of the landscape assessment district. He further advised that the City decided to purchase this mini park for the possible future expansion of Summit Ridge Park. July 27, 1995 Page 6 Parks & Recreation Commission C/Tye asked for an update on Larkstone Park. He congratulated Chris Emeterio and his wife on their new daughter. CSD/Rose advised that the last communication with Walnut Unified School District indicated that they were concentrating on the Morning Sun situation and that Larkstone Park has not been discussed. C/Medina announced that Jones Intercable will charge him for copies of video tapes of the 6th Anniversary Celebration. CSD/Rose advised that he would contact Jones Intercable regarding the video tapes. VC/Goldenberg asked for status on the City's interest in holding classes at the local Diamond Point Swim and Racquet Club. CSD/Rose advised that nothing has been brought forward by their Board of Directors. He further advised that staff will stay in touch with the Board of Directors regarding use of this facility. VC/Goldenberg advised that he has received several calls regarding rattlesnakes in Summit Ridge Park. He asked staff to research the posting of rattle snake signs. CSD/Rose stated that staff would research this issue. VC/Goldenberg asked staff to look into the tennis court lighting at Maple Hill Park. CH/Ruzicka asked the status on the roller hockey program. CSD/Rose advised that there were approximately eight residents who expressed interest and they were referred to the YMCA. He stated that the YMCA's program will be sufficient to handle the resident's interest that has been seen thus far. He also advised that the City of Diamond Bar is not planning to operate a roller hockey season this fall, but rather will keep referring the interested people to the YMCA. VC/Goldenberg asked how many participants are enrolled with the YMCA. He also asked staff to rethink the construction of the roller blade hockey field at Pantera Park. CSD/Rose advised that about 100 participants are signed up for roller blade hockey with the YMCA. He also advised that the Pantera Park roller blade hockey court is a multi- purpose court which would allow for full court basketball. CSD/Rose advised that there is a publics works project that is in the budget this year described as the cul-de-sac of July 27, 1995 Page 7 Parks & Recreation Commission Sunset Crossing. He further advised that this will include the movement of the cul-de-sac from where it is now up to approximately where the driveway that goes into the YMCA and the little league facility. Since the General Plan is in place, CH/Ruzicka asked staff if there has been any additional thought to the Parks Master Plan. CSD/Rose advised that staff will make plans to begin the Parks Master Plan after the appeal period for the General Plan has passed. ADJOURNMENT At 8:30 p.m., it was moved by VC/Goldenberg and seconded by C/Tye to adjourn the meeting. Motion carried 5-0. Respectfully submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Joe Ruzicka Joe Ruzicka Chairman I N T E R O F F I C E X E M O R A N D U M TO: Mayor Papen and Mayor Pro Tea Werner FROM: Linda G. Magnuson;,Accounting Manager SUBJECT: Voucher Register, October 17, 1995 DATE: October 12, 1995 Attached is the Voucher Register dated October 17, 1995. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. l M _ 'E ...... o .... aV, — -r AC 1 i -,C•r T eaf r PC ,! -INE ENTP, -,ar IrT_ _,hl h4 X -ate' SnT�4 F ,_IirE «. L, ULA.. ------------------------------------------------------------------------------------------------------------------------------------- isT ate a- 4 .1 i_i -IM C•a; -- ._i'll .C'�1. _5c? -4:.1,-_.415 u _ 4 J10174'.1i__4, ;aerican Storage STD merStorvy 1-4 r1- 141) 111t):-1 ;1 -Y 5[rem .-i[. Np5[feeri 5 11017A 01133432 1, Q;, + 17 1C/_: 10/17 018 570 Aramark Corparation ArLmarl..Cor --rAL - r .i-, Ra. , st, IrrgCt:-1r-Suaj c;e 61017'er1 t.a. GT= 1!1/11 i1' 1`17 lii.'� Mty-4 5,�^; er= -, -_ 1'==:•,-a T07AL Imo= 'VENC•uF.--------) 1, i, TOTAL -_JE VEZOR--------) 198.;'1 �L '1E vCly_SF ________ best!ty An �a;Re-=tccr'v.ISIUl)�:t TOTAL DUE VENDOR --------: 990, Di,nn&bradStr-Prof S,cs 11:.Ut TAT" "UE VEK2OR '. -, - Aramark Corparation ArLmarl..Cor R..:-i-4G'?,.—L Ji- 1 61017'er1 t.a. GT= 1!1/11 i1' 1`17 lii.'� Mty-4 5,�^; er= -, -_ 1'==:•,-a TOTAL -_JE VEZOR--------) 198.;'1 _Fs~ Lighting Products best!ty *001-432_--7210 4 11017A 01/3506 10/11 10/17 L9C1"7'-' L:ghtRplcmnt-5umntrdge 74G,5^ -:,TAL '"UE VENIOR--------'• 741,.:':, Bill 'heo Constrv_;ction BillTheo `_G-4 lG-c415 ;;;;t•°at, 12 61017E 01/C:'1f.0 10/11 10,117 1 Picni[S;,e:ter-Peters- 9 ;.Y: Y. 1n; 7"' .,'----�=--• 'DTAL PREPAID AMOUNT ----) i=?,210 TOTAL DUE VENJ�R--------) 1). At, Brea, City of BreaCity fuf,! -4?`-,-5:300 2 11017A ul/3140 Will 10,117 -157;I Sepr-Recreat:op Services 3•,717.75 T;TAL DUE VENDOR --------) 1,717.75 "IME. 1 10, 1 `5 Z E .......... VE',20F N -ME VENTI�F F :AL C----1; '17 'NT L C r ------------------------------------------------------------------------------------------------------------------------------------ _d Bryan A. -7tiprat .7 Assc 5r,_:Enrr ..ALES Ei X.T 4LC 1-3=1'= 7 AL-_: 4 =. 11'n :harles Abbott & HASc 11 ZSarleskb 4 1154515-5500 S SIMA Charles 1-wict & H'sc inc CharlecsAbb C'j, -5" 2 510174 01: 112 :he-v,�:7 USA __ h e i ror - 71 A *601-4415-:310 2 51017A 0113Z,6o 4" _g: P4_T:-e= -- -------- Z4 q c7 10 1{r1 n sp-c-.SCS-,F 2rn' `4, 2_1", i l., 7 2—,cs 4�er- TDTAL DLE VENDOR -------- 429 4, 17 � 'i ;�, � 16, 4 7 , _5 cl,- vo 1. .117 A. X, A,111N7 95.,_ 0 TOTAL M VENCOF -- -------- 0 CIO M,g "',23-papen I-, CIO 10/17111"1: Y) -- PREPAID AMC1_-NT ---- ,,TAL --"- Io TOTAL CUE VENDOR -------- 0"), 10111 1 0j, 7 1E'122 Recreation Refund 737AL ".xi,,E I)ENDDR --------- 4(:. '10 S,-_ I I a ! a 3 t e E v c s - i u i 10111 10/17 ProfSvc-3a1dWste 3.3b, 'iO TOTAL Dl,:-: VEN1'_3F -------- 01- 11 11C "17 )4='-:1--c Foad Mairt Svcs-SeP, 11) 4'S: 1 10i,1 10/11 1 1 1 1 I'lariing/SigningSvcs-Sept 11 410.04 10,111 JO,i', 7 04-- P:gr.t of Wap Maint-Sept 1,04�: TOTAL 'DUE VEKIDOR -------- :4,947+7 16/11 10117 FLEI-SrVIptrPtr1Vehc1I 10170 710TAL :UE VENM7 - -------- 1':.70 _ . UNFF�_1j.TX-Nf "B TCH ::f]Ti+E '.0. E- T, 7Lc IN'._:C: DE -'l ON' AK. _'4T ------------------------------------------------------------------------------------------------------------------------------------ C�--imo Ford _... . i:'Ord Glasse =arty ;enta:s �:ads2`3r} #0(J;I-40'=5-__1 30 2 6101-9 0!,-1446 _ommerce City Maintenance Comctyma.. Ccm-an.cation Support trru,pprt *001-4090-4000 7 611617A 0:;K72A 10/11 10/17 152'2 Community :-dustries Commindust !1 L-1 =r!puter applied S sta".s JAS 1-k0 ` 4000 61017A 011'3250 10/11 10/17 95103: -onrad i. Assxiatas Conrad 611173 01/3601 10/1_ lU; v,=c:=i;atzd er"�raph:_ .ansFep�o -f- 10 --'7�-•-. #li(1S-4�S�1-42aJ _ 61017A61017A Oi;=Y-xi. L) -.i 1'.%I: Cable TV Inspection 1 177.51 TOT:;L :'_E VEN7,,OR 1� " --------, ..,._. i.rlRle�=Y�t L�=AL tQ-.'C1 F3tY1 5K. 1X TOTAL :DUE VENDOR --------} 56x:'10 Co;iF,(aint-Finan_e-Oct 8.'K.)0 TOTAL _JE JE"aLOfi--------, ."iter: _,dit =V=s", �5 1,.,ocJ ..�i TOTAL DUE ,E'.;:OR--------`, 1:,3V.`)O Cu�ies-GeneralRlan 77',.3 Tn i 1L :UE 'yIE; ICR '7'= T OTA JUE VENDOR -- ) i 1= 10,11 ?' 7=' Un.frriRr;+-PrKStff-W,'E'-�/25 16._5 TOTAL DUE JEN'DOR--------`, ,30 102 11 .6-1117 LirensSuPpls-RchFestvl 30. 4µ CTRL 1'uE VENDOR --------` "It 7 ,)! 2',7'a _ Sep -�Ja-:tor_,ciHrtgrrk �C ' 5!uif TOTAL DUE VENDOR --------1 7- x,1 Ccm-an.cation Support trru,pprt *001-4090-4000 7 611617A 0:;K72A 10/11 10/17 152'2 Community :-dustries Commindust !1 L-1 =r!puter applied S sta".s JAS 1-k0 ` 4000 61017A 011'3250 10/11 10/17 95103: -onrad i. Assxiatas Conrad 611173 01/3601 10/1_ lU; v,=c:=i;atzd er"�raph:_ .ansFep�o -f- 10 --'7�-•-. #li(1S-4�S�1-42aJ _ 61017A61017A Oi;=Y-xi. L) -.i 1'.%I: Cable TV Inspection 1 177.51 TOT:;L :'_E VEN7,,OR 1� " --------, ..,._. i.rlRle�=Y�t L�=AL tQ-.'C1 F3tY1 5K. 1X TOTAL :DUE VENDOR --------} 56x:'10 Co;iF,(aint-Finan_e-Oct 8.'K.)0 TOTAL _JE JE"aLOfi--------, ."iter: _,dit =V=s", �5 1,.,ocJ ..�i TOTAL DUE ,E'.;:OR--------`, 1:,3V.`)O Cu�ies-GeneralRlan 77',.3 Tn i 1L :UE 'yIE; ICR '7'= r - - a N 4 NAME 7- J PK�j.T'X-NIC �:jNT Dr' i'E -1, - i E�,__­ _jE ------------------------------------------------------------------------------------------------------------------------------------ 7-TAL -.,_2 IENDOR -------- I >t;,': T TI-TAi- DUE VENT. -IR --------- 0i" % t 41 4 ,221.1 1.1 C. f 11 J Cop .ti- - :Flan Q--'.44 2, 1 --17 -7 71 '4 =pies- ]z--eral F -I an T OTA'� D-17 VEND% -------- i 1) 3) .3 021 ,ewan CK:,� 3 611-17B 'I I 3i 7 I'F' -4 CIF-GraridAveReriab-Aug 4 fKj 7-7k VENI'LOR -------- .:,;6,;;.:10 jewa,m _Lldin & Ass:,z. Dewan Cl, ao `ept i..:. C L '0 /11 1 Db -,-J045 CIF-GrardAveRehab-Sept 4,1.,'JO ,ia,morii Bar Chirm-se DSC`,ines;.- 41 `STAL DUE )MOR -------- 100,00 o - d it na-='l ::2at. a7!Etta s 610178 01/3526 i0 11 91. staffConcession-conliprk i':.75 `CTAT 'E : 'E N D. -O R -------- !:;-Mond bar/Walnut LMCA 'BWalYMCA *11--5-421`21:55 61C,17B 1•�1!li i0. 11 TOTAL DUE VEN-DOR --------5,115.00 *11245513-552? 61017F 011 J,2�0 101"ill Ic"ll) Illa!-A-Cab Svcs -9,'1-15 6,11_:.+4 70TAL XE I)ENDOR --------- F4 6,007.74 L_ t 0 3 Ti d c r 4, 4 DUE-HIFU,..<.....,,,. . ,EN: -TR NAME AE:OUNT PF E ,TX -NO 5- H F0.L:%'E,NO. E, 1 -"LE lNL—. DE=,hl= ]N DIA'= LhE= ------------------------------------------------------------------------------------------------------------------------------------ u_L, P__'ning .c•:;m ES;3, F a_ P&A Federal _ _ait Union =&HES=ditU �i 1 7 - Findlay Eompany Fino:ay -4.1`t`-400" 4 v 0i 'CTAL DUE ''ENTIOR--------) - r, E5,_< Mtg ?FL,-:arret '=TAL F AID AMOUNT ----) 4+:, TO- L DU= :E'J. TOTAL F'RE?AID �-,'IuJNT ---- 46-_-431 -L. 1 1G17c h?iii 1'1 ter_ La.lYJIa:3 JTE -I A ''UE VENDOR - xi. •. _ l"'4'.-:1 7 -D Ls-F'eLersc•7 F'r ;<" 3TE 610i'D 1;; ii 10/17 uTE Caiifor,•ia STE Svcs-SycmreCynTO'�L 1-4,==-125 DUE ,_,, PEcnE S,cs-R�,�ea.,3r 41,:= TOTAL DUE VENDOR --------> OI-431_•-::125 1 e117 1`:<li 41 _ 'CTAL DUE ''ENTIOR--------) - r, E5,_< Mtg ?FL,-:arret '=TAL F AID AMOUNT ----) 4+:, TO- L DU= :E'J. TOTAL F'RE?AID �-,'IuJNT ---- d Sa-;Dep =Ea:s-AFR -I A ''UE VENDOR - F, _ne Ls-F'eLersc•7 F'r ;<" .OTAL :'UE VENMR --------- Phone Svcs-SycmreCynTO'�L DUE ,_,, PEcnE S,cs-R�,�ea.,3r 41,:= TOTAL DUE VENDOR --------> 41,3' Phare Svcs -Maple Hi11 Frk 41 _ Tu''�,L .JE ENDOR -------- DUE :C AC_U:�hJ PR=_.T�-NC ------------------------------------------------------------------------------------------------------------------------------------ E�- H PC.LI IE •,'" u E.T :,I_: =_u� _ gPi i"=_F''=':' AM' , c_ j; 7ffl --- uIAL PREFAID rli' UNT ----t TO'-_ DUE '.'E`w:'_=--------, �e:ger, _nna ve:yee' ,-41-4;--41_41 L. 1�a .�. d ,)1.,--_.4- i`.".- 1 ♦' %-:L' TOTAL DUE '✓E NCR -------- i 4133-45 =- 210 3 61017S 21, 3514 10,11 10, 7 Irr:ytnL:,eGrd "G:CS 600 "'IC. 1; _,-- i;.1,T` •J _ _, _. _ _ #2_5 -451? -6411 06='1_ 11, 610170 01,`x:'166 1011 11-:17 4 CIF-5tr=etlmp-G.nGAve .�,3S5.1G 7]TAL liGt J Grainger =rainger nr 1C :1610:'2.,1; -'! a0; 1!./17 Ligi'•t_u1�s-r`arfs _,._a TOTAL DUE 'dENDGR--------? 5',.'31 green G _nee101ai 6 610171; ,1!3146 1:1.,111 10/17 6040 Tree�eli3o*ers-CitJrees 2,025,.. -a- DUE :Ei4,.0rt --------i 2 in. -all 11 Forcman Hal'Vorem, F'eFia��7a.iin=f-Harcher'ia TOTAL DUE 'VENDOR --------; 112.50 -_-Way ?,a*a`'- Inc H:way�afe #001-40`5-2130 4 610176 01;3500 10/11 10;17 41'=7 Rcad5ig-1-RnchFestFarade 1e-.54 aLSu-451i T:•µ11 {_ - 6:..7H 01,"�;C+S i4; 11 i ; :7 4- S1, Stgns-!indergro•1•idFrog 1= .:_ TC -:,L DUE 'VE"IE"OE,--------; 1,32=.?0 .t >.-41;;..11 2 610.71 011325_ 10/.. .417 4'-3 `rerresc34.s-BLSt,arGS 1.,. 11 =-;L :.UE `JENI-OR--------> 1`_.16 Highlander Put.::Cations �Ighlander 40 1i5 4 'joj7a 01,W11 i!,'1 1,17 200"", Ad -L "r'age-,ncirestvi 21'c;.=•; " AL DUE ": DGR --------1 :.15.63 _t _ _ y. i y '+ _ _ 4 4 ^uN -iy,E =, DOR NAME ------------------------------------------------------------------------------------------------------ ICMA =eta,emE. t Tr i�MH - �iPefler�t-4.3i i�;',=1;1,1 imzgE Ari=renes im=geFware !. yV y1_s=1 7 .7 I". 1' IC",, 1. i:1 10,'17 139; 10117- -IT AL -tet vt"it__ -------- =y^i Ded Oct Retire Contr:b-CLMgr C.} -;`_:re Contra., ---1k Oct Retire Contrit-F n Cc_-Cont^act Contrin Or' Pet:re Ccntr:b-CcmFrm Oc`_�=��reContrib-EconD.•:l OctRa°ireCcntrib-F:ng Oc =Rst ir•eContr•ib-Recgocs AJC =n E` .' el,l7n t r i b-F4iJ+ir � OctRet�reContr:b-Fut3Wl,= Oc`Ret:-sContmb-FunWl s OctRet:reCcntrib-WstMgmt CctRet:reCcntrib-�:r1:1`_� �c�Ret:reGcntrib-GC5 Oc'.Ret :`eC_ntr'.�-LLAG= tict�2t:rerJntr:--LL L4: TOTAL. P"'PHIC AMOLV ----) �c�AID x %7 -------------------------- 5'- . 1 TOTAL rREM _— AMOUNT ----1 C'.:_4 TC DUE.ENL;,=--------, :... TOTAL DUE VENDOR ------ --i - , _U,.J Cop? Changes -Aug 73-:7 la: -L Saye Charges"�ug TOTAL DUE VE` [,_'R --------; 13:.07 i,;1 -4=,i -111100 i c;li1ILI ti:Jl'a-4350-:?O K.. , 91l'i 7l -4`-_-0 = U: _-r V 5-4099-009"' 1 61i_,7r i�MH - �iPefler�t-4.3i i�;',=1;1,1 imzgE Ari=renes im=geFware !. yV y1_s=1 7 .7 I". 1' IC",, 1. i:1 10,'17 139; 10117- -IT AL -tet vt"it__ -------- =y^i Ded Oct Retire Contr:b-CLMgr C.} -;`_:re Contra., ---1k Oct Retire Contrit-F n Cc_-Cont^act Contrin Or' Pet:re Ccntr:b-CcmFrm Oc`_�=��reContrib-EconD.•:l OctRa°ireCcntrib-F:ng Oc =Rst ir•eContr•ib-Recgocs AJC =n E` .' el,l7n t r i b-F4iJ+ir � OctRet�reContr:b-Fut3Wl,= Oc`Ret:-sContmb-FunWl s OctRet:reCcntrib-WstMgmt CctRet:reCcntrib-�:r1:1`_� �c�Ret:reGcntrib-GC5 Oc'.Ret :`eC_ntr'.�-LLAG= tict�2t:rerJntr:--LL L4: TOTAL. P"'PHIC AMOLV ----) �c�AID x %7 -------------------------- 5'- . 1 TOTAL rREM _— AMOUNT ----1 C'.:_4 TC DUE.ENL;,=--------, :... TOTAL DUE VENDOR ------ --i - , _U,.J Cop? Changes -Aug 73-:7 la: -L Saye Charges"�ug TOTAL DUE VE` [,_'R --------; 13:.07 rraffer, Susan i;1IL rg_E' . EN ----- . , Kramer, 'Dusan 1' i 40C.,-_47 51!11' 101111...' Re•.-=ati,�n Re+;r.. 4=,;J Q'1-3.4781 uiJi�C 1�?i is 1,:!;'17 11, 116 Recreation; Refund 25.00 T!---' r' z VE": -n --------, 74,,?i _.A. Oounty-Sterif= s Dep WSheriff r, :-44.,-_";:4 _ _..: � :. ,. 1C '«»_ Jul RL` ',!ME: 1: c).3 1,0112i''c_ J _ _ H E ,• F = C, 1 _ T E " F',-� T:TAL IiUE ''E'l.;'F -------- .............i., -c VENDOR 'dAME VENLJR 15. .1C1i71 C!1;:12� PRE=`.1 .� r nn .i. ���T --., _., -'��' :.4T_� ^IJ.L.iNEr�l ij. _________________.---________________-____,_-_.-______-__-____-__-_____-____-_______-___-_________----_-_--_______--___.______--____-___ CAITfr1 �� ��_ .'��''_. �� {�� _!�_� .- .1'�1 NMC�liT . .and ,a._=, _ �_..__, .,H 11,,'17 n ,'.. :`_21 S spFump"aint-__. ;Aug 456,._7 #..`1-4,)4;,-2ii5 10, 11 10,1? 2'=-i05 LegalAd-S JrySea'Areeb '6.5 Te:ep*cne LACeiiviar '1017( l?/11 TOTAL OL= VENDOR --------1 164.`v Sfo:8't5 •_i�J.3_d�VS 17.2* _1.,i.� .:r 'I-4411-54115 i =Wi'C 1G; 11 1", 1- ICi=1-444c -2125 Aly Prkg Cltat:ons 1`c,cc 10;1' 1: _ 1;. 4 `-ug Review Prof=essing -44 i-540 o1J1'C 1 it 10/1,' =ell5vcs-E7erF =p Aug Hearing Processing J.CIO - J"AL DUE 'VENDOR --------, 18! rraffer, Susan i;1IL rg_E' . EN ----- . , Kramer, 'Dusan 1' i 40C.,-_47 51!11' 101111...' Re•.-=ati,�n Re+;r.. 4=,;J Q'1-3.4781 uiJi�C 1�?i is 1,:!;'17 11, 116 Recreation; Refund 25.00 T!---' r' z VE": -n --------, 74,,?i _.A. Oounty-Sterif= s Dep WSheriff r, :-44.,-_";:4 _ _..: � :. ,. 1C '«»_ Jul - T:TAL IiUE ''E'l.;'F -------- .1C1i71 C!1;:12� 1(111 1011'?/s:c);+,Ci15' Tree;JaterSvcs-Jui,'aug :,s `C _ .:''_-4.,1-`- .,. _,.� 1,• _1 11,,'17 n ,'.. :`_21 S spFump"aint-__. ;Aug 456,._7 TOTAL "JE VENGOF--------) 2,=;-I.Q Te:ep*cne LACeiiviar '1017( l?/11 l:ii' Ce1,S�Cs- merFrep 17.2* _1.,i.� .:r 'Je.:JvCs-E!�,erF-=p -:•1 ICi=1-444c -2125 4 r1017C 10/11 10;1' Cei:S.cs-EmerPrep 1;. 4 1!:;'11 :i.;' =ell5vcs-E7erF =p 17'-4 TrJTr, CJE VEN-Cfi " La--3cspc vest #:41-4`a�1-5500 4 11U47i li3141 iJiii 1: i7 1e4;:' Sept-Maint Dist #41 2 17 1 17 - : ?apt-Sdwl� Prwyi4e-2dA13te 4,561.:4 TOTAL CNE 'VENDOR --------3 7,x:1.84 ------------------------------------------------------------------------------------------------------------------------------------ t(J1-4J�t:'-_.a _ =.'I7L : ; �`"_ 1' ,:i .-, '' n;a LL1; __w+... ct rrr.L;rye�e 54_o011. `'-3 _n u:E.e__ Se,-?uryes5 -4`,..- ir i1 -4i,4;:-_: �; 4 ii :- _C1. Lar •ElectnSem-b,_rges 2011-')u -ti,:J- - 1 i:, '_Li�!fiN:EiBCt^i?rl-CG=id J4` TL'AL I._'JENDC _______-, League OF;;. _;t::. __aye Ger. Mtg 101'51-finsari _"' TDT,L PREPAi-- AMO'a4T :2 .00 TG -+;L DUE 'VENDOR -------1 (I i,i 1_ _egad = . i,'1' , ACiLi Es_,rFimS,='9Follies-1 '180/1 3u3.0: 10i17r75 --T AL `'REPAID Mr -ANT ----) IO .••,L DUE ')END'; --, -------- 0,00 t.egac, -r;-.;el y 1 2ur9 ;-':V. 30,— 'Sc7 1 :; 1G, i Ai1-1c:r- -;i,A TAL 7,uE'vENuGR ______-_i =(XI L g;Cy Travel z i_Uf'S LegaC;`raV 4t.1: 1-43`_:-:31G 77 •:1 :-'w 1 10 7 +ii.. A. r- Exc.-oiJySho,y t:- TOTAL DUE 'VENT:.F:--------) I?}!;.:. -2gac, Tr'a:ei �, T•1Lrs Lcgacl-rai i� 1-4 `J-` 1i 14 b1Q17C U1;i57b 1(1,'11 10/17 A(11:� E; ur-AutmNrvstI0 ::10. 0(1 ---TAL DUE VENDOR -------- Iix.,:0 ..egacy Travel w 7:,rs Legacy-rav .:�l _ i 16 1017;, 01/ _ , .•�; :1 lt:, 1 AC1.. rrl7eC.:ght �r CC-i���i it�[!,.,l TOTAL DUE 'VENDOR --------1 -100.00 L'2ig tai and 'ssociates -2:yhC.'1 10/11 JuneiJLiyRev ew-Eld9:+-OD7 arta-Ljl.'il-1JiL 51<%i��� 10;111 3radi-ginspSvcs-EN95---.5 7959.6,1 1iU,sv TOTAL DUE VENDOR --------) 1,070.10 _Lc , .=_., ,.___-- .a,cs-Sar,a-�.Der - LL C ;Chit__ �hu Hio �"...-_4^. TOTAL DL" VENDOR -------- : CX;1-40'70-21'_: i 1017 01,'--1-:`4 10 ..: , .; Pa;,-er .r, Los Angeles '-=_ntlr _ACLIbr ary c., �•:..-4;'-'-�-- 4 :l—": TOTAL PREPAID AMOUNT ---- -0,000.00 T001-- DUE -' MaraV-on Copier Ser -vice MarathonCo 1-4t°::- 10;; 4 ,1;'i,D .�. .'?' 10 11 1i 117 "r-111jJcpy Chart's_-Dr 244.-_ *,X11 -4090-&',_-,.f0 b ui720 t 11/17 Inc ;_jc aonthl;BaseCharge-Uct ,..,_ DUE .EN,.. -'n --------' 4:4.-,� pc_a Horticultural Mariposa t ".---45= - �50 4 f{ .17J '142 7AL UE ._VDDR --------} =,200.:.0 ' : ceaage :,--r -age _.- 0':- 2005 2 61017: Olt i4c�; 10iI1 10/'17 .5_16 Mat,i_,"'=pair-Image a/tri :., Q ._a-'+•: ;'ii--�_. .. 1L +i ,ji/•: 7D .,�4:7 11+11 r. 1~ 17 {:, .=aqc _- }" �cacrnr-_ rtCa _antra__ ifVI-40,W 623!s _ 61017:1 ^1/34'7 10/1' 10il7, 154:5 ::ftwre-Art sftPwrc .tE 1 '_,_ ,+ TOTAL DUE 1 -' , _ Mob<1 Mobil 1: 12 is it ?il`i•u 01 10/1' li;fi - `.�S4 10 R,..g :"el-rilg 1=•.'J _1-4v:.-��1, _: b1..'G .��,_ 1•:. 1i°%l, t.5:=46,4 FiEI-P=r. ? FG, --'ug :'.__ *001-4090-211,10 26 51017_ 01/32'9 13112 10,17 F:`__c,4615 Fuel -Sen Govt -Aug 7.30 •=I 2 1 3I"3_-_- 1.( 1+:` 1 f1.' ,c: FuPi-'3,e n G OJt-Alit' . E :1 .170 02/,19 10/112 10(17 031-:4 = Fuel -Park a Rec-Aug 1o:..:�4'(?-4=1U-2i1) *OU1-43110-2'31147 2.4 61L%1+1: 02: ,::'' 1.++.� 10 i� K _}4 Fuel-'ark ? -eC-;�Lg n71-40?0-2310 2E 61017G 01/3229 10/12 1(:,17 K6037813 Fuel -Gen Govt -Aug 14.L,5 ,7G:-421:-2310 - f,:t C'/,? ,j 71'0 )� 4 'i,:" �.•... .% 1(:,,,' t603c,"°.r. )•-- Aug Faei-:Ing 20.7a - *(JOi-4:"1-.?10 4 b'017G _'1/G<� 10/12 10/'17 KE.<,J39`74 Fuel -Gen Govt -Aug _.44 1: 610170 "?"22', 10;{ _ 1': 1.—, -: fi ' _ F.,_ -F'a i -Aug 1' ALL"NFF' �.`n-NC : ir`_ -�.L1 'E E,' ..,E .';r: Ut=_ .- IOP, "'j-- ruATE nt_ ------------------------------------------------------------------------------------------------------------------------------------ Mc-r1 rl-.. stn; ;1-4::1O-231 i. ♦0400-»::,-�_•10, Moo . *(?i'1-410-2314 81001 -4.' 14-_0 110 �f)' )1-4314-D 31 O a OI - 31 ) epi )1 -421?, --4 310) 4.;60-4:'10-_314 *001-4491,-2310 it;U1-4u 4-21,10 *0 011-4310-2314 4r1 CO, '�.l!I,i-4.li0-1 it ) 12 6-1017G 4113_:' _� __-_ W 61017, 02..{`,{9 42 ._..'C .+i;i6�9 16 61017G 61/:341' »»:ll" J:7- !.�2/Ji29 42 61017G +)1/3 9 40 bI';1715 1,) 1, f -D 229 , 1,t 61t%1,11 !,L _2107 4i' 61.)1;;; :.107.: 14 :1017G 01, :. "73 :11 7316 t t _ 1 14,1 17 kE1,?;154 11),'! 17 'r.ci: '.54 17 i 1:i 1� i•1,, 17 F• _4V�a. 1' Y•534493i) it'17 `h7,-`003 10 12 10 7 K673';20 1r 1T -67 1f%^-.0 10/12 1,)/17 K6751-376 11:,1_ I"ri7 If I'_' 10 /17 KS14:�.;1 11:,12 10017 KS' »1,SO, 14/12 10/17 K514111i7? 1_ 14/17 Ko:41=1't j -'eli -- ..'g Fuel -Park. ' Rec-Aug Au; Fue!`P1ng 7uel-Pa6 '- k'ec-Aug Fi,El-Park & Rec-hug Fual-Ge.- Gott -Aug _3el-'sen Govt-�'ilg TOTAL DUE '1ENI.5R'--------} Fuel -F;ng-Sept Fuel-Fark. x Rec-Sept Fuel -Part; & Rec-Sept Fuel-Far�- r Rec Fuel -Ping -Sept uel-Park a Rec-3ePt Fuel -Gen Govt-SeFt .uel-Gen 71ovt-Sept Fuel -Park & Rec-Sep`. ^uel`P3re 1 pec -rept Fuel -Park & Rec-Sept =.tei-=ark. 11 ;ec-Sept F_.,el-Ping-'3F7.t File! -Ge- 3o4t-Sep- TOTAL DUE VENDOR --------) 13.67 3:_.:,9 Nor -.o h:a - Inc "orcoAlarm :(<1-4',`.-_.� 6101' 01/3247 1.)111 14x'17 4536` ScrtrSyslvitr-Syc-Oct/'Dec 02/:0 4/1. 10/17 4; -1,0 F:reSp6 Jos-Nr_;`1,c_, ,ec 601.''r 114175 01,13207 141'11 1::;17 40_7. F1raSprkr3ys-Hrtg-0ct,4lec 66.0%J r ;eprograpn;.cs 3CSReprogr J*Fi.e iariut ¢(?G1-4496-i�44 - *001-4 )44-1:244 x•4()1-45 i •)-120 gyri. •.: -$0)11?- i,:'.% -r: _- :cK'epa 4 c 1::117[( (. -_,'33,7A 610170 1017G i•4 i""'k7A 610 0 '')5,'- :67A S 61_�.1/J ,)1;1,4-_A _ 6tC`17D '3167� 10 11 11)/117 20, + 1'1;11 1Gj17 4154,10517 I(. I_ 10,'17 01:4_:.,1 14/12 10/17 41542:3839 1 1 140' ()1=441•: 1C; 111 1:1/17 50K319 04 10/11 1411, 504171 1- 07 _TAS �,J VE OR -------j 4r,4 ='an+er3Prk;fiprfji;n'_s y ,'4 TOTAL :IUE 'lENDG'R--------} 43.74 AstrcbrlteColorPaper-Gen 35.'x9 Sup;:1.eS-:,4gr 45, _5 vupplies-CCIk Supplies-PubWks 107. i sero <-Copy ♦'aper 759.. 2 TOTAL DUE VENDOR --------) --N "1"E. 1: - _ . - _ C H E ". = _ = i E R -:uE ------------------------------------------------------------------------------------------------------------------------------------ _ct-HE-- tninsPrems 1c1 _ .C!5 1, _ fir__ 17;•`'; Oi iCi� _t -Admin =ee5 TCTH,. PRFA1G TAL --'E ',E`a-'�F' --------- -------.t-ThuiT t - T h u iTSuri Fa�gettfi� TOT 4 DUE 'VENDOR --------; 395.00 ��� :_•1v 23 -4: - ;. �� _..,1 ,�' I'_,is 1!_._ FC1111L-Yh.g Mtg iC,;. 9.41) -STAL :','E , . _ Parks Flcr;�=-, Robin :1^347: _, - I, :', is 1!f,` ir,11` Rec,aa•i6r. Re; -,no TC-�L DUE )E,-riOR--------) +0 J17: i+,11 10/i7 F'ayrcli Transfer FP=: a' 10f,) (,1(l 1,; 7 ;;1,. - T THL PPtFA.D ^ n_ 3T 47 TOTrL DLT- VENDOR, --------) *01'..-46-=- 112 4 61017D :1'325 1 60;66 10;6 F'hcto Proce,s Sres-Ooma�F� . c�.,�_, 1uto Process S _s-'OomRro _ TOTAL LJE 'VEhLOR---------- -------)='.tne P _ .e; itneybowe 40",1-40x`.,-2630 6 61017D 01/31.'-7 10/11 10/17 Sept-F1C„gMach-ease 9.-" +!0-01- ,- v 3 :1017D 0ii-Sit7 ?; ,'li 10/17 ;ent;' eaee"a1:Eauip-Oct 31;.:4 TOTAL DUE VENi'IR--------) 418.>3 F nI-718 Jud__ial District `'om.su D:st *OC1-32:? I 61017D 10/11 iC/17 Aug -Park ng Activity 135, 00 TOTAL ME VENDOR --------) 13`,0 Pomona Valley Pipe F'omVlyPipe t"5,431110-6-4111; Of696 : 61017D 01 `"<g.:; 161!6: 10, i- "1`�'_. Dmg nn/Sandtrp- ip1Hi11 1,50`:57 TOTAL DUE VENDOR --------r 1,525.57 "r;'uN TIME: 1'.:'-13 Or. HER 3 I S T E R = GE 13 JU- _.............. 'ENE -OR N,-1 —..aL_'l� "i —1N', LL— -:21— — IN_— _ _ - aye P CS%aye h:e,,..S,iGr-,t ,_..._. ,TAL SUE -',7OR-------i Prude-:_,ai Ser,.. --e Surer~. 'SBi 11.1. . 04 --Ler-1Ir;c-ersi=_ i �', __ • -� .. ..���-,. r- -}'.'._'�. i'' -:':lit• :ll'17� rJ/il 1i,:' Oct-'Y_s16n ins Pre,xs jl._..''4 TOTAL DUE -ReJENDOR--------- -ire CartrlG-E ? J Cc, 10 95 1?95 ;t5.11C , 7_ :(, :. '7 --'P1O �etlre C"ntriG- 33,611_,,=` 10/17195 TOTAL ='REPAID AMOUNT ----1 6,1:43.81 TC -A_ DUE `✓ENI: -05. --------? 0.0C RJl', Desig,, RU"'.Les yr [,.; _ 1:, _ 114_' Mcn",r,r-3lynRe�rof Aug 73C. TOTAL .:'E VE. i.'OR-------- 73�.�10 ;eTedy 7111-p I -4_`:i-430;; 6 61}17.• :1; _ ; 10j`i: 10/17 47,3"0 Temp; e Secrtry-wje`'' 1i 47-J.40 a::,-4351.- =':i0 = _._.., .: -4`7 _,.1 10,17 457 'emp5�:=-Ee=T`af,-w;e°,T4 TOTAL DUE VENSOR------- ==p -o -rapr•ic3-Ep,-:G-aph #J[,1-4090-.2-.11= - I .017D 01 ")26(1 101111 10/1- 742- nichards Watson & ershon Richardska BL=-LardPrtgSvcs 56.14 TOTAL L �1EtV-------- 5t.114.5t.114� a Legal Svcs-Auy-EN9'-78 _5.1,. Gen Lega? Svcs -August 1 759.39 Less3redits/Pates,Copies :'7.._4- Legai C.cs-Aug-SoldWste 11.50 TOT14L DLE VENDOR --------} 1,4117.-5 Huy-P1n--tA5vts-Ley:andc1.`C Aug-P1nChkSvcs-9ent1ey 147.10 ALg-P1PCh'''12vcs-ShcoCyn 73:.47 Aug-LQtL1neSvcs-EN95-90 456.00 TOTAL DUE 'ENC':R--------' 2 110171, r 10/1" '0011-4020-4i720 i 61017D 0-/3 J4A 10111 10/17 4001-412:-4010 2 6101'D 05/ '?417, 1011 1 ;,i,`_ iCIc ^ #:._- 1� ;,1 1 _1, 7D 1`-�v ;:41",14A 10/11 10/17 Rontirancer'.AssDc C.E. Inc #;;,,.-4.,J1- _4 ;,101;D_�a4 r0 -4551-5`- 1D 6 61017D ':i/CD'?'S 10/:i 10/17 _7+4 10/11 Ii1:17 '71 #001-:400-.J1� 4 61017.' 10/11 10/17 37',5 BL=-LardPrtgSvcs 56.14 TOTAL L �1EtV-------- 5t.114.5t.114� a Legal Svcs-Auy-EN9'-78 _5.1,. Gen Lega? Svcs -August 1 759.39 Less3redits/Pates,Copies :'7.._4- Legai C.cs-Aug-SoldWste 11.50 TOT14L DLE VENDOR --------} 1,4117.-5 Huy-P1n--tA5vts-Ley:andc1.`C Aug-P1nChkSvcs-9ent1ey 147.10 ALg-P1PCh'''12vcs-ShcoCyn 73:.47 Aug-LQtL1neSvcs-EN95-90 456.00 TOTAL DUE 'ENC':R--------' Tjb._1. a ,1 -r- _ _ C - S`(-= a 7 - ., _� 14 ���-• ,r.,k" r AC_7L Lam. k- ------------------------------------------------------------------------------------------------------------------------------------ i�r t T I I.�r C FAICH =J. .'�E,NO E`: '; {, , 't'1 E vJO. .' I' TIDE :ES=;I F'..�N. ^ [i- Y -. hnCJNT E ��w. - .L -=TAL DUE VEZ-OR-------- -------*001-2 *00 1 - 2 ':.-1010 = li`:'E :/;,11 P, 11 040x6 F'uL- g-F=_i4-_. ,46, 77AL iij -` / Sharp Seating Company SharpSeat -43`':-5S 0 _ it 7c :•: _:r,f. It:.i 10; 17 77 Tic.ets- oserarade TOTAL DUE VENDOR --------> 2,53€.00 Sir Speedy S.--Ipeedy *t:JI-4090-2110 4 b11017E 011,3521 10,'11 10117 15721 CopySv:s-3enInfoHandOut 30;.05 TOTAL DUE VENCOR--------- _1 Smart & Final Smart&Finl 41:.4-4215-1260 01017E 01 X44' 10/11 10;17 21431,15 Supplies-SeniroKic'Koff 60.-4 *001-4K,--2210 5 61417E ::/11 10/17 21499:.0 Paper'oweiHldr-SycCynPrk 15.14 70TAL CLUE �EN'OF--------i 75.4a Southern California SoCaPDCA 1 ai c Ft?/11 10/17 Ref -:1 f t S� 3nte(:eQCni ?�tittl' C+ 1 61017E 10/11 10/17 02302;= Ref-StaffS'vcsDeposit TOTY_ DuF VENDCR ) 40:..56 State Compensation ins Fd StateComp *0,:1-2111)-1011 5 61017E lu/2 10!i7 Jul-W'r.rs.omNF�em-$Fiti <, 21.`: };:til- 11)-1011 b s1017E 10/12 10/1' Jul-WkrsCompPrem-9410 2,147.40; TOTS'- DUE dEK.-O+--------; 4,?69.06 Subway Subway -- -4i ._5 Oi 3604 lti/"• 11." 1- M' -'i TOTAL PREPAID AMOUNT ----` 51.95 TOT4L DUE VENII,R--------7 The :,;b Group --obbGroup C)1-4090-2520 4 6,017A :)1;'__,oc , .,1 t..'1, uc=_crp-Insiderajemkr .x.00 TOTAL DUE VENDOR --------) 59.::0 1 -- VF,,I-OR NAME dEZ-GR HE T -NT T CE '�^ :r' 1117 -'-: I � X j !:- , H nr.,I,,= ------------------------------------------------------------------------------------------------------------------------------------ 44 7 4{iC -44' -4020-40C.; 6 Ljo;, -E Ail 1-403K-4000 4 61 E C ctal Emplot2e Rrlelatic-s TotallEra;.3 7r,;--ic Contro, -,'C Tr.,[. -2--0-1002, 1017 -- Tsai, :ane & Ming -Churg 75aijane Y *0t.-1-40QC)---l20 3 61017E Un 0 c Jnocal ;ercnir, Choung wen *00- 1 -34710 6 61017E 10 1 1 3, 7 ".5 13 A I ,e' F t r np 1 c - Sr V eh c I DUE VENDOR -------- 0 L-mpSvcs-Rec=-plln-w, e- ., '2 e7pSvcs-Rec2ptr-,4le�l, 29 1G 1 10; 7 6:": T�-:thp'�--vcs-REc2ptn-w/e-,115 �C: ""AL DjE -- -------- Wage f 7 . 2' TDTAL D'-IEFAID AMOUNT ---- 150.00 TOTl;- 3�7- VEN"CM --------- 1 TOT HAL DUE ')ENXR -------- 0 1 IC]i'7 Re;ind-Depit-HrtgF-k 7017AL 2uE -------- 'o' .oil - RE�:-f D%-1.1 1.1 `07HL DL.T- VENrR -------- 10 10/11 Eqfess ME"l S-ics-Get-'30vt9 ."Z -:IAL --Z VENDO; - -------- 1 1 TOTAL DUE ,'ENDOR -------- loll:ll 110/17 15=077 Recreation Refund 79.00 TGTAL U VENDCRI -------- 7>.J0 iam_fd Fra �++ DE THRL ............ 10 17_ 4ENCOF NAME VENEOR ID. ACCOUNT FRC .TX -NC BATCHFO.LiNE,".O. ENTFY;D' IN',C10E DE6_RI�'ION AMOUNT IRATE CHc ------------------------------------------------------------------------------------------------------------------------------------ Waldie, Larry Wa:,j_eLarr 4211-4411-2325 4=.C','E Waln'_.t '!ly Water _-st WvWater_'.s rC i J i -4328-212-6 .:a „ut 'aiv rata: C.st ;vwat=r�':e iia9-453F 126 2 61417E Walnut 'Vly Water Dist WVWaterDis #1 ,:-4535-2126 3 61017E a: a_ .YIy water Di.- arDis +F1 318 -453c'.. -2i ! 2" 4 t,:Ji7E 1__- 1-1 —2 - _... Wer -_r, ,Gary 4ie�nefiS..^y aft C{ast Arboriat inc. WCArSar i_,I!f -cc:�l�n IC r -1017E :1 ;46 r .755f: 150 Ir'i,E �_1 -146 1�.1�,i1-4._.ul .til..' = 1 - I_. Wiidi'_f2 Corri,or W1icllieC: '_ t,i:_-4G''4-2_1` -1 .110117 .. it ..'17 Re: 14/11 ,:7 Daimn-,Itg ?/'28-Cmgr _. TOTAL DUE 'jEPi71:z -------- 1C. -i yl•'i7-'- i'i,:i 101/17 Water Usage-SumtrcgePrk .C+;? Wates j r, •;, TOTAL "UE "*' '3R --------. ' 73- 14/11 1:/17 Wates- Usage -Dist :09- ---- "S'AL DUE VES. ---- « ..- ,.,..,� 1: 11 iCi,17 Wate^ JSage-=,ist #3c, 3,ai4.24 "SIAL -L'JE '1ENDOR--------; =14.4 14;11 14;1' Rec.cimEd Water-Dist#:3. t+; :ecl_,ned :dater -Dist--== cJA.=4 TOTAL DLE ','E`IDOR--------; 1177 c° 10ill 10/17 Reims-F'rkg Mtg ;,-D', 141'11 10, ir�..,i _C�:. TraC 12//11 i4; 17 10156 city :de Tree Maint-32p, 1,24=.44 DUE r.�-. �: 1��11i il:%1% I1eF,tE- L,,eS-Fy r t -/11 Ir/111 1i-;'17 9 C-:4-= .� o,. Member Dues -FY �= _'t).•:c -27AL :'WJE '✓ENiOF - - - - - - - - , ;. JC, 1,,.. -') ------------------------------------------------------------------------------------------------------------------------------------ '.E---------------- T C' ------------- TCT ------------ ,j:: i . _ �f A n - i, F - _ _ t 1 4-1— L -.: -,,,,. i:_ c. L �_� �::_._ �_' =�E HA'- FO; .4 ------------------------------------------------------------------------------------------------------------------------------------- .'1 7 d_ --- . TOT' ------------ ------------ ------------ ----- ------------------- ------------ ------------ ------------ mac. .:�_ ,_...=•i ,- =.-. =�_,;0-_,,�,_.�� �: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 12, 1995 FROM: Linda G. Magnuson Accounting Manager TITLE: Treasurer's Reports - July 31, 1995 and August 31, 1995 SUMMARY: Submitted for Council's review and approval are the Treasurer's Statements for the months of July and August 1995. According to the City's formally adopted investment policy, the City Council is also being provided the June 30, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested with LAIF are included within this account. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Spec. (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Ter ence L. anger City Manager Yes— No _ Yes X No Yes X No Yes X No Frank Use - LindaG. a nuson Assistant City Manager Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statements - July 31, 1995 and August 31, 1995 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the July and August 1995 Treasurer's Statements. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval are the Treasurer's Statements for the month of July and August, 1995. These statements show the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. According to the City's formally adopted investment policy, the City Council is also being provided the June 30, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested with LAIF are included within this account. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 1995 31U'kFA X-XAL61"A7 :F DEMAND DEPOSITS: GENERAL ACCOUNT $188,999.95 PAYROLL ACCOUNT 383.83 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 INVESTMENTS: TOTAL DEMAND DEPOSITS $190,058.78 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 14,784,442.15 TOTAL INVESTMENTS 14,784,442.15 TOTAL CASH $14,974,500.93 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for July, 1995 5.972% There are sufficient funds available to meet the next month's financial obligations of the City. BEGINNING TRANSFERS ENDING ... .. REC: iPtS ..... Dl$F11iJRGE.MWT ..... IR. (qUT BALANCE GENERAL FUND $7,770,375.26 $824,812.24 $753,914.06 $7,841,273.44 LIBRARY SERVICES FUND 156,894.20 156,894.20 TRAFFIC SAFETY FUND 357.51 14,030.94 14,388.45 GAS TAX FUND 2,727,669.67 1,426.84 2,726,242.83 TRANSIT TX (PROP A) FD 1,040,244.84 93,901.20 28,975.67 1,105,170.37 TRANSIT TX (PROP C) FD 1,443,961.41 37,714.00 1,481,675.41 INTEGRATED WASTE MGT FD 63,945.35 3,210.05 13,349.11 53,806.29 AIR QUALITY IMPRVMNT FD 85,411.07 1,313.09 84,097.98 PARK FEES FUND 366,648.02 366,648.02 S PARKS GRANT (PRP A) FD (46,047.20) (46,047.20) COM DEV BLOCK GRANT FD (81,588.46) 45,083.00 9,754.06 (46,259.52) LANDSCAPE DIST #38 FD 67,045.43 4,019.08 5,586.25 65,478.26 LANDSCAPE DIST #39 FD 12,561.94 1,691.94 10,485.88 3,768.00 LANDSCAPE DIST #41 FD 191,696.39 1,230.13 9,845.26 183,081.26 GRAND AV CONST FUND 397,671.35 2,002.22 395,669.13 TRAFFIC MITIGATION FUND (1,224.50) 25.00 (1,249.50) CAP IMPROVEMENT PRJ FD 142,764.00 18,161.76 192,812.19 (31,886.43) SB 821 FUND 142,204.43 142,204.43 SELF INSURANCE FUND 479,465.50 80.01 479,545.51 TOTALS $14,960,056.21 $1,043,934.35 $1,029,489.63 $0.00 $14,974,500.93 31U'kFA X-XAL61"A7 :F DEMAND DEPOSITS: GENERAL ACCOUNT $188,999.95 PAYROLL ACCOUNT 383.83 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 INVESTMENTS: TOTAL DEMAND DEPOSITS $190,058.78 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 14,784,442.15 TOTAL INVESTMENTS 14,784,442.15 TOTAL CASH $14,974,500.93 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for July, 1995 5.972% There are sufficient funds available to meet the next month's financial obligations of the City. CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT August 31, 1995 TOTAL CASH $15,641,651.49 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for August, 1995 5.910% There are sufficient funds available to meet the next month's financial obligations of the City. BEGINNING TRANSFERS ENDING RECEIPTS .. ....... ... DISBURSEMENT D'ISB . IN (OUT) BALANCE GENERAL FUND $7,841,273.44 $1,292,987.45 $652,119.29 ($105,135.00) $8,377,006.60 LIBRARY SERVICES FUND 156,894.20 156,894.20 TRAFFIC SAFETY FUND 14,388.45 10,957.74 25,346.19 GAS TAX FUND 2,726,242.83 225,409.25 1,294.23 (170,131.64) 2,780,226.21 TRANSIT TX (PROP A) FD 1,105,170.37 57,355.15 28,699.34 (8,005.50) 1,125,820.68 TRANSIT TX (PROP C) FD 1,481,675.41 30,037.00 (127,426.00) 1,384,286.41 INTEGRATED WASTE MGT FD 53,806.29 17,385.90 8,224.47 62,967.72 AIR QUALITY IMPRVMNT FD 84,097.98 16,130.14 2,470.53 97,757.59 PARK FEES FUND 366,648.02 (545.31) 366,102.71 S PARKS GRANT (PRP A) FD (46,047.20) (46,047.20) COM DEV BLOCK GRANT FD (46,259.52) 12,528.12 (2,522.81) (61,310.45) LANDSCAPE DIST #38 FD 65,478.26 3,600.12 9,306.63 (24,632.49) 35,139.26 LANDSCAPE DIST #39 FD 3,768.00 1,430.25 2,449.73 2,748.52 LANDSCAPE DIST #41 FD 183,081.26 231.53 7,229.94 176,082.85 GRAND AV CONST FUND 395,669.13 26,095.73 369,573.40 TRAFFIC MITIGATION FUND (1,249.50) (1,249.50) CAP IMPROVEMENT PRJ FD (31,886.43) 8,550.00 245,787.96 438,398.75 169,274.36 SB 821 FUND 142,204.43 142,204.43 SELF INSURANCE FUND 479,545.51 718.00 478,827.51 TOTALS $14,974,500.93 $1,664,074.53 $996,923.97 $0.00 $15,641,651.49 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $453,232.89 PAYROLL ACCOUNT 401.45 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $454,309.34 INVESTMENTS: TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 15,187,342.15 TOTAL INVESTMENTS 15,187,342.15 TOTAL CASH $15,641,651.49 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for August, 1995 5.910% There are sufficient funds available to meet the next month's financial obligations of the City. State of California Pooled Money Investment Account Market Valuation 6/30/95 Description Book Value Plus Estimated Accrued Interest Purch. Market Value Accrued Interest United States Treasury: Bills $ 1,234,435,312.30 $ 1,272,813,611.00 NA Strips $ 1,261,015,500.00 $ 1,397,328,300.00 NA Notes $ 6,146,942,279.54 $ 6,072,085,781.25 $ 96,083,660.86 Federal Agency: Bonds $ 172,025,401.42 $ 170,535,765.38 $ 3,334,577.47 Floaters $ 219,943,129.80 $ 217,496,875.00 $ 1,623,856.75 MBS $ 184,338,035.20 $ 179,335,652.62 $ 1,087,079.07 TVA $ 125,499,061.71 $ 125,570,318.75 $ 3,195,137.18 GNMA $ 31,467,559.22 $ 30,849,038.16 $ 202,514.80 FNMA $ 5,157,621.71 $ 4,989,754.03 $ 29,396.00 SBA $ 70,041,586.35 $ 70,653,728.25 $ 828,324.46 FHLMC PC $ 43,397,005.72 $ 45,414,586.73 $ 696,940.90 Discount Notes $ 888,237,683.18 $ 890,054,435.62 NA Bankers Acceptances $ 1,616,484,442.62 $ 1,636,675,559.15 NA Corporate: Bonds $ 1,269,784,245.99 $ 1,273,267,053.35 $ 23,525,372.76 Floaters $ 541,172,667.40 $ 540,370,912.50 $ 3,661,434.97 CDs $ 5,35.4,041,154.94 $ 5,354,041,154.94 NA Repurchase Agreements $ 792,670,000.00 $ 792,670,000.00 NA Time Deposits $ 272,290,000.00 $ 272,290,000.00 NA AB 55 & GF Loans $ 395,817,239.00 $ 395,817,239.00 NA Commercial Paper $ 6,373,796,440.13 $ 6,373,796,440.13 NA Reverse Repurchase $ - $ - NA TOTAL $ 26,998,556,366.23 $ 27,116,056,205.86 $ 134,268,295.22 Estimated Market Value Including Accrued Interest $ 27,250,324,501.08 NOTE: Certificates of Deposit (CDs), Repurchase Agreements, Time Deposits, AB 55 and General Fund loans, and Commercial Paper are carried at book value. A001CARL WARREN &CO. Insurance Adjusters Claims Management and Administration 7;0 I he Cm, Dme Suite 400 Orangy, ( A ` 2(,nS `I"d P0 B"� 2,180 Saari Ana, ( A 92'99- 1 80 1714, 740.7099 (8001 ,726900 FAX (714)740-7992 September 13, 1995 TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAF, City Clerk RE: Claim Claimant D/Event Rec'd Y/Office Our File Sodha v. Diamond Bar Bhavin Sodha 9/9/95 9/11/95 S 85537 ABK Yi( 1 y c 9$ SEP 34 We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, C ANY W7W"COMPDwight cc: SCJPIA w/enc. r _K Ni V 'X "JAIViA 0 :.1 TO PERSON OR PROPERTY INSTRUCTIONS, 1. Claims for death, Injury to person or to perona.l prop�!-ty must be filed not later than 6 rhos. after the occurrence. (Gov Ccde Sic 911.:) 2. Claims for damages to real property must be filed no lit!:- ths.n 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to 1)cate place of accide-it. 5. This claim form must be signed on page 2 at bottor.i. 6. Attach separate sheets, if necessary, to give ''ull de:a,ls SIGN EACH SHEET. T. Claim must be filed with City Clerk. (C ov. Code S,ac. c 15a) To: The City of Diamond Bar Name of Claimant Home A dress of Claimant City and State Business Address of Claimant C ity and State Give address to which you desire notices or communi_ations to be sent regarding this claim: CLAIM No. - — — — Age of Claimant of natural pE on) H me T lephone Number �c/C� ri' Busine Telephone Dumber How did DAMAGE or INJURY occur? Give full particulars. C�./•V(�'l(•/l.�^��ivr.� f-.��C'/L.° ��G',"✓'.L,��T.�/Cj� , 9L'�i'G%�C�/ "�'c; C /L.EG��/�� �,�/� 7-,�,�� c�C'%t;,� S /����- %fes fl •����f� �7i /�ti'ti'n 6C % r�'c.✓� G �r�'� �' , i�T6�rr l;F�v� ; ���6�1T J'� �:�' . W nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: 'iVhat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: v _ __ .4C' s ,�- �r'PI-G'y rT�i (�T 1/ t vf% % What D ANL?GE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: y 7c�/ C r!' �' What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: %L Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: C e SEE PAGE 2 (OYER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, and names of i::surance Company: Expenditures made on account of accident or injury: ',Date—Item) (A -mount) Name and address of Witnesses, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself cr your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. J ?► FOR—A44TOMOBILE ACCIDENTS r-� FOR OTHER ACCIDENTS SIDEWALK .� CURS—! V/ / PARKWAY SIDEWALK_ Signature of Claimant or person filing on his behalf giving Typed Name: relationship to Claimant: I + C AT'AS MUST BE FILED WITH CITY CLERK (GOV. CODE SEC. 915a) . CURB - Date r L . CARL WARREN & CO. Insurance Adjusters Claims Management and Administration R 400 SI d 1'0 B„r 35180 Saita -Xna, CA 92799-5180 (-:4 740 -?99q $001 i72-0900 }AX 7141740-;992 October 2, 1995 TO: City of Diamond Bar 95 OCT —4 Pel 12: 55 ATTENTION: Lynda Burgess, CMC/AAE, City Clerk RE: Claim Pizanti v. Diamond Bar Claimant Linda Pizanti D/Event 9/25/95 Rec'd Y/Office : 9/28/95 Our File S 85621 ABK We have reviewed the above captioned claim and request that you take the action indicated below: 0 CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Dwight J. eunz cc: SCJPIA w/enc. -A M -Ul )AMAVES TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, Injury to person or tc per.;onal property ;must be filed not later than 6 tnos. after the occurrence. ;Gov Code Sec. 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate plate )f ac:ident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to Dive full details. SIGN EACH SHEET. T. Clain must be filed with City Clerk. (Gov Code Sc c. 915a) To: The City of Diamond Bar Name of Claimant Linda Pizanti Home Address of Claimant City and State 4220 Descanso Avenue, Ch:.no Hi.l:_s, CA 91709 Business Address of Claimant CLty and State Give address to which you desire notices or communications to be sent regarding this claim: Com unity Services — City of Diamond Bar Age of Claimant (if natural person) 37 Home Telephone Number (909)597-9616 Business Telephone Number How did DAMAGE or INJURY occur? Give full particulars Many times over the past several months, while traveling South on Grand Ave., there have been sprinklers that are supposed to be watering the grass areas, pointed toward the street. On Monday night, 9/25/95 at approximately 1:00a.n I was driving home. I get off the 60 fwv. at Grand and go toward Chino HillE My car was soaked both at Plontefino and again at Longview. When did DAMAGE or INJURY occur? Give full particulars, date, time of day: This has occured many times, however this time I have had enough. I pay $15 dollars to get my car washed and I am trying to make a point. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: Every time, it has been along Grand Ave. Monday night it was the West side c Grand, just before Montefino and at the intersection of Longview and Grand. (the South/West corner) A -hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: I try, every time, to get out of reach of the stream of water, usually to no avail. I had just had my car washed that day, and frankly, I am tired of wasting $15 every time your sprinklers are not maintained properly. What DAlvIAGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: My car was soaked, it no longer had that just washed look. In fact, there are water spots all over and the interior of my car was also wet, as the window was opened slightly. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Although it has cost me $15 several times, I am only claiming the $15 for Monday 9/25/95. I hope this may draw some attention to this reoccuring problem and I guarentee that I am not the only person who is fed up. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: (1) $15 (fifteen dollars) SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, and narnes of I:isurance C.mpany: Expenditures made on account of accident or :r.Iui-y: !Daze — ]tem) (Aniuuat, Name and address of Witnesses, Doc,-rs and H.,spitLs: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle ashen you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourseLf or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 7A\ FOR OTHER ACCIDENTS SIDEWALK CURS--> Signature of Claimant or person filing on his behalf giving relationship to Claimant: CII -`^5 MUST BE FILED 4v'ITH CITY CLERK (GOV. G v �- PARKWAY I SIDEWALK_ Typed Name: Linda Pizanti CODE SEC. 915a). CURB- C� Date 9/27/95 'mrY or DZAz.ZOrin Z>e xx AGENDA REPORT AGENDA NO.: 2.7 TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 11, 1995 FROM: George A. Wentz, City Engineer TITLE: Release of "Monumentation" Bond for Tract 47851 at Oak Knoll Drive, Bentley Way and Woodbridge Court in the Country. SUMMARY: The Principal, Diamond Bar East Partners, desires release of a monumentation bond posted for the setting of survey monuments for Tract No. 47851 (Oak Knoll Drive, Bentley Way and Woodbridge Court in the Country) and the transfer of these monies to the City's Quimby Fees Account in order to partially satisfy the park -in -lieu fee required prior to recordation of Diamond Bar East's second subdivision Vesting Tentative Tract 48487 (which is also before Council tonight for final approval). The City Engineer finds thaj Principal has set all monuments as shown on the recorded Tract Map and Certificate of Correction, on file with the City. This bond was a condition precedent to the approval and recordation of Tract Map 47851. RECOMMENDATION: It is recommended that the City Council 1) declare the obligations under this bond null and void and release the surety bond which was posted with the City of Diamond Bar in July, 1994 2) instruct the City Clerk to notify Diamond Bar East Partners and the Operating Engineers Pension Fund of the City Council's action and 3) instruct the Finance Manager to transfer the $41,750 cash bond to the City's Quimby Fees Account. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification -Bid Specification (on file in City Clerk's Office) X Other: Copy of Cash Receipt for Monumentation Bond and Certificate of Correction 1. Has the resolution, ordinance or agreement been reviewer by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: �® iC�R� ANCC -t3► \;d S-rQ 'moo t4-oage►9NCE' C -A 9'©5©----5 #q -r, 1 -JC -1 (— r J G � �r-.3sI©N3 i'vrJXD f0 AS' CAR -S,30 N 51r- Rg's A.n eN 91 10 3 REVIEWED BY: TTeencPeL��anger Frank M. Usher Me ge . Wenti City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of "Monumentation" Bond for Tract 47851 (Oak Knoll Drive, Bentley Way and Woodbridge Court) in the Country. ISSUE STATEMENT The Principal, Diamond Bar East Partners, desires release of a monumentation bond for the setting of survey monuments for Tract No. 47851 (Oak Knoll Drive, Bentley Way and Woodbridge Court) in the Country and the transfer of these monies to the City's Quimby Fees Account in order to satisfy the park -in -lieu fee required prior to recordation of Diamond Bar East's second subdivision Vesting Tentative Tract 48487 (which is also before Council tonight for final approval). RECOMMENDATION It is recommended that the City Council 1) declare the obligations under this bond null and void and release the cash bond which was posted with the City of Diamond Bar in July, 1994 2) instruct the City Clerk to notify Diamond Bar East Partners and the Operating Engineers Pension Fund of the City Council's action and 3) instruct the Finance Manager to transfer the $41,750 cash bond to the City's Quimby Fees Account. FINANCIAL SUMMARY This recommendation will have no financial impact on the City's Fiscal Year 1995-96 budget. BACKGROUND/DISCUSSION On July 8, 1994, Gregory Delgado for Diamond Bar East Partners signed a subdivision agreement with the City of Diamond Bar for development of Tract 47851. This agreement required Diamond Bar East Partners to give a bond in the amount of $41,750, securing the setting of survey monuments on the subject Tract. On October 6, 1995, the City of Diamond Bar received a letter from Diamond Bar East Partner's Engineer, Jack Hill of Hunsaker and Associates, stating that all of the monuments required to be set per Tract No. 47851 have been set. The City's Assistant Engineer Anne Garvey has inspected and approved the setting of all of the survey monuments. PAGE 2 OCTOBER 17, 1995 TRACT 47851 MONUMENTATION The City continues to retain 1) a $735,000 grading bond 2) a $120,000 erosion control and dewatering bond and 3) a $900,000 storm drain, sewer and lift station bond guaranteeing construction of said improvements. The following listed bond needs to be released: Tract No.: Cash Receipt Account No.: Principal: Amount: 47851 Number: 15474 001-2300-1001 Diamond Bar East Partners $41,750 Per the request of Diamond Bar East Partners transferred from the City's Bond Account No City's Quimby Fees Account No. 122-3456 to $48,768.75 park -in -lieu fee required by the Department Condition No. 1 of Resolution adopted by the City Council in June 1992 Vesting Tentative Tract Map 48487. Prepared By: Anne M. Garvey this $41,750 is to be . 001-2300-1001 to the partially satisfy the Community Development No. 92-34 which was when Council approved r Po u/a RECEIVED BY '� Ar'�r�/TCTAL RECEIVED 1/ % -%�'�n Cash CheckL2'7Other YdNta - Gntomer - Canary - Department - Pink & Goldentod - Finance wi' iWA _ -- CASH RECEIPT -0 BAR CITY OF DIAMOND BAR 21660 E. Copley Dr., Ste. 100 & 190 P Y Diamond Bar, CA 91765 , 909-860-2489 909-860-3195. Receipt # 1 , 4 ( 4 I� " ! - Received from: O PF. R Ira T f &je=e-- Description: MO r�lT ( ASH Date: -7 Revenue Description�u Acct.# Amount i Building Permits 001-3411 Plumbing Permits 001-34120 Electrical Permits 001-3413 3, Mechanical Permits 001-3414 �- Bldg. Permit Iss. Fees 001-3420 Bldq. Pian Check Fees 001-3430 SMTP Fees 001-3435 ` Engr. Pian Check Fees 001-3461 . F_ Engr. Permit Fees 001-3462 Planning-Envimmnti Fees 001-3441 Advance Planning Fees 001-3442 Current Planning Fees 001-3443 Sale of Printed Material 001-3635 Contract Classes 001-3478 ,r. Accounts Receivable 001-1210 Impound Fees 001-3225 m0r1iLiMVSNTATICD no)' Tj NC=, --TR 6 � 2 $O� 1 Oo 1 - i-4 1 � �n Po u/a RECEIVED BY '� Ar'�r�/TCTAL RECEIVED 1/ % -%�'�n Cash CheckL2'7Other YdNta - Gntomer - Canary - Department - Pink & Goldentod - Finance wi' iWA _ RECORDING REQUESTED BY: City Engineer City of Diamond Bar 21660 E. Copley Drive, Suite 198 Diamond Bar, CA 91765 WHEN RECORDED MAIL TO: Same as above PACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF CORRECTION (Pursuant to Chapter 3, Article 7, of the Subdivision Map Act or Section 8770.5 of the Land Surveyor's Act as they may be amended.) NOTICE IS GIVEN that I hereby certify that Tract No. 47851, Book 1207, Pages 47 - 56 of Maps, in the City of Diamond Bar, County of Los Angeles, State of California, filed in the office of the County Recorder of said county on August 30, 1994, is in error in that the following location or character of have been changed in location or character from what is shown'on said map, and those changes are shown correctly hereon in accordance with Section 66469 of the Subdivision Map Act For Lots 1 through 19 and 42 through 48, a 2" iron pipe was set along the side lot line at the following dimensions from the front lot comers, in lieu of along the side lot line, 80 feet from the front lot comer, as stated in the note on sheet 3 of said map: Lot 1 and 2 -103.00' Lot 2 and 3 -144.00' Lot 3 and 4 - 265.00' Lot 4 and 5 - 257.00' Lot 5 and 6 - 160.00' Lot 6 and 7 -162.00' Lot 7 and 8 -180.00' Lot 8 and 9 - 126.00' Lot 9 and 10 - 171.00' Lot 10 and 11 - 184.00' Lot 11 and 12 - 281.00' Lot 12 and 13 - 244.00' Lot 13 and 14 - 167.00' Lot 14 and 15 -184.00' Lot 15 and 16 - 160.00' Lot 16 and 17 -149.00' Lot 17 and 18 - 159.00' Lot 18 and 19 -156.00' Lot 42 and 43 -152.00' Lot 43 and 44 - 139.00' Lot 44 and 45 -126.00' Lot 45 and 46 - 161.00' Lot 46 and 47 - 175.00' Lot 47 and 48 - 173.00' DS:kkmawor&n.Vcgak109331009a07.d0c Page 1 of 2 wo 0953-9 10/5195 Z • d 053IQ NCS 213>1CSNr1H 26 : SS S6, IT 100 r (Z 39Hd a3m 8d) Z 39tld LTIE19 IV SGG1 SE:91 11/01 a3 M3H CERTIFICATE OF CORRECTION CITY OF DIAMOND BAR As required by Section 66470 of the Subdivision Map Act all of the present fee owners of real property affected by this correction are: Diamond Bar East Partners, a California Limited Partnership Sin Yng Ng & Katherine Ng Yupin Riantawan Dr. Maung Randall & Chiche Chen Chang Caprin Wang & Cheryl Chi Kuan Yu Fong Te Chin & Tseng Kuei Lan Jan Dr. Shin Ya and Chen Chi Lun Wang Wen Yu & Siuhuei Wang Sung John & Anne Tu I further certify that the above Certificate of Correction was prepared by or under the direction and control of the undersigned registered civil engineer or licensed surveyor. VAND U O L.S. 6669. X Exp. 9130199 John . Hill, Jr. L.S. 5669 9�pcCALVO Hunsaker & Associates San Diego, Inc. I, City Engineer of the City of Diamond Bar, State of California, certify that I have examined the foregoing Certificate of Correction and find that the only changes shown hereon are changes provided for by Section 66469 of the Subdivision Map Act or Section 8770.5 of the Land Surveyor's Act, or any amendments thereto, and that it complies with Sections 66469 and 66470 of the Subdivision Map Act George A. Wentz, R.C.E. 43273 CITY ENGINEER City of Diamond Bar AQ Ds:kk,mword�n Akga1s19953\Ma07.doc Page 2 of 2 wo 0953.9 1015195 DATE: Our. r2/ 1115 £'d 053Ia MVS d3>t5W ( ti£:ST S6, TT 100 I (E 39Vd a31HIM E 39dd Lli£i9 IV S66I 9E:9i II/0i 03A1333H Hunsaker & Associates San Diego, Inc. Planning • Engineering • Surveying • GPS September 28, 1995 Ms. Ann Garvey City of Diamond Bar Public Works 21660 East Copley Drive, Suite 100 Diamond Bar, CA 92010 Re: Tract No. 47851, Book 1207, Pages 47 through 56 of Maps Monument Bond Exoneration Gentlemen: All of the monuments required to be set per the above referenced map have been set and we have been compensated for the services. We therefore request that the monument bond be exoneated. Very truly yours, Hunsaker & Associates San Diego, Inc. John W. Hill, Jr. L. S. 5669 Hunsaker & Associates San Diego, Inc. DS:kk msword)k 09531b82.doc wo 09539 �p,NO SN"rfir � _U r ?p O J L.S. 5669 Exp. 9/30/95/` OF Cpa \F/� /01?9 Huennekens Street • , an Diego, CA Q2121 • (61.9) 558-4500 • TAX: (619) _558-1414 Q ices: S(w I)iego • Irvine • RiveisidelS«n Benwirdino D(Ivid H-1111m(fr • 1(rck, Hill 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX909-861-3117 LETTER OF TRANSMITTAL Date: —71( 9lc�,� IJob No.: TM— ci,I,., �O b Attention: Z—y N 'ID f9 --sCU[:Z'G 4--- TO: TO: G �-TY �L�R l< Re: Vli-' ?- 47es � MONUMENT 71�QN-T-) WE ARE SENDING YOU: rttache�Under separate cover via the following items. Shop drawings Prints Plans Samples Specifications Copy of letter Change order Other COPIES DATE NO. DESCRIPTION 4 IcE5 L7 -7 Lt MO r -J C) M e-- 4, 4, r -T�EE3o THESE ARE TRANSMITTED as checked below: For proval Approved as submitted For your use Approved as noted As requested Returned for corrections Review/comment Other FOR BIDS DUE 19 REMARKS: COPY TO: F-1 --e SIGNED: Resubmit copies for approval Submit copies for distribution Return corrected prints PRINTS RETURNED AFTER LOAN TO U5 CITY OF DIAMOND BAR AULNUA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 10, 1995 FROM: George A. Wentz, City Engineer TITLE: Final Approval Of Conditionally Approved Vesting Tentative Tract No. 48487 And Acceptance Of Offsite Easements. ISSUE: Approval of final map for conditionally approved Vesting Tentative Tract No. 48487, of subdivision improvement agreement and tri -party agreement (subdivider and Walnut Valley Water District) and acceptance of offsite easements. RECOMENDATION: It is recommended that the City Council by minute action first a) find that the final map is in substantial compliance with the tentative map and conforms with all the requirements of the Subdivision Map Act, City Subdivision Ordinance and conditions of tentative map approval and b) approve the final map including abandonment of certain easements and prior offers of dedication, rejecting certain offers of dedication and accepting certain other offers. Second, approve subdivision improvement agreement and authorize the Mayor to execute agreement. Third, accept offers of dedication for public utilities and public services easements and authorize City Clerk to execute certificates of acceptance and record easements. LIST OF ATTACHMENTS: _X Staff Report Public Hearing Notification Resolution(s) Bid Specifications Ordinances(s) (on file in City Clerk's Office) X Agreement(s) X Other: (Tract map and easements) (Subdivision & Tri -party) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected department: Planninq Department & Fire Department r REVIEWED BY: Terrence L. B anger — Frank. M. U e George A. W ntz City Manager Assisant City Manager City Engine CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, City Engineer SUBJECT: Approval of Subdivision and Tri -party Agreements, Approval Of Final Map of Tract No. 48487 And Acceptance Of Offsite Easements. ISSUE STATEMENT This item asks the City Council to approve the final map for conditionally approved Vesting Tentative Tract No. 48487, approve the Subdivision and Tri -party Agreements (Subdivider and Walnut Valley Water District) and accept offers of offsite easements. RECOMMENDATION It is recommended that the City Council, by minute action, approve the subdivision improvement and tri -party agreements and authorize the Mayor to execute agreements on behalf of the City. Second, a) find that the final map is in substantial compliance with the tentative map and conforms with all the requirements of the Subdivision Map Act, the City Subdivision Ordinance and the conditions of tentative map approval, and b) approve the final map including abandonment of certain easements and prior offers of dedication, rejection of certain offers of dedication and acceptance of certain other offers. Third, accept the offers of dedication for public utilities and public services easements and authorize the City Clerk to execute certificates of acceptance and record easements concurrent with recordation of the final map. A sample motion is attached. FINANCIAL SUMMARY Approval of this map will not have any affect on the City's 1995-96 budget. BACKGROUND/DISCUSSION Vesting Tentative Tract Map No. 48487 was conditionally approved on June 2, 1995 by the City Council by passage of Resolution No. 92-34. This matter is before the City Council for approval of the final map. This project provides 15 single family residential lots on a 20 acre site which is immediately adjacent to Tract No. 47851. Lots range in size from 0.3 ac to 3 ac. The final map has been reviewed by the City Engineer and is technically correct and conforms substantially to the approved tentative map. It conforms with all requirements of the Subdivision Map Act, the City Subdivision Ordinance and all conditions of tentative map approval (see attached summary). Certain offsite improvements were required for this development. Particularly the improvement of the westerly half of Windmill Drive and the cul-de-sac require easements from the adjacent properties. Easements for private street purposes have been conveyed from these owners to the owner of Vesting Tentative Tract no. 48487. Water system improvements to serve this subdivision are proposed westerly of the centerline if Windmill Drive. Public utilities are planned variously within this 60' private street area, including within that 30' area of the private street offsite westerly. Therefore, a public utilities and public services easement to the City has been required. This assures the city's ability to guarantee access equitably to all utility companies and therefore adequate service to all parts of this subdivision. These offers (grant deeds) are attached and are recommended for acceptance by the City on behalf of the public. As the improvements have not been completed at this time, the Subdivider is prepared to enter into an agreement with the City to construct these improvements as a condition precedent to approval of the final map and has offered surety bonds to secure his performance. As water system improvements are to be constructed by WVWD and not by the Subdivider, Section 21.36.060 of the City Subdivision Ordinance requires that the Subdivider and WVWD enter into agreement to construct improvements and that the City be party to the agreement. CITY OP DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 9, 1995 FROM: George A. Wentz, City Engineer TITLE: The 1995-96 Slurry Seal Improvement Program - Area Six SUMMARY: On September 5, 1995, the City Council authorized staff to advertise for bids for the 1995-96 Slurry Seal Improvement Program - Area Six. At this time, the City proposes to award a contract to the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to Roy Allen Slurry Seal, Inc. in the amount not -to -exceed $125,109.50, and provide a contingency of $12,000.00 for the project. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerks Office) _ Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: TerrenL L. Belanger Frank M. er eorge n City Manager Assistant City Manager City Eng ee C:\wp6O\LINDAKAY\AGEN95\SLURRY6.109 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: The 1995-96 Slurry Seal Improvement Program - Area Six ISSUE STATEMENT: The City proposed to award a contract for the 1995-96 Slurry Seal Improvement Program - Area Six to Roy Allen Slurry Seal, Inc., the lowest responsible and most qualified bidder. RECOMMENDATION: That the City Council award a contract to Roy Allen Slurry Seal, Inc. for the 1995-96 Slurry Seal Improvement Program - Area Six, in an amount not -to -exceed $125,109.50, and provide a contingency of $12,000.00 for the project. FINANCIAL SUMMARY: The project will be funded by the City's Gas Tax Funds. BACKGROUND: On September 5, 1995, the City Council authorized staff to advertise and receive bids for the 1995-96 Slurry Seal Improvement Program - Area Six. In response to the advertisements, a total of nine (9) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on September 27, 1995 from five (5) contractors. The bids are as follows: Company Amount 1. Roy Allen Slurry Seal, Inc. $125,109.50 2. Doug Martin Contracting Company, Inc. $131,482.58 3. California Pavement Maintenance Company, Inc. $152,200.85 4. Graham Contractors, Inc. $171,141.15 5. Pavement Coatings Company $174,172.40 1 1995-96 Slurry Seal Program October 17, 1995 Page Two The bid of $125,109.50 submitted by Roy Allen Slurry Seal, Inc. has been determined by staff to be the lowest responsible bid. The engineer's estimate for the construction portion of this project was $160,000.00 It is anticipated that the construction will begin on October 30, 1995 and be completed by December 15, 1995. Prepared By: David G. Liu C:\wp6O\LINDAKAY\CCR-95\slurry6.109 2 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Roy Allen Slurry Seal, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Roy Allen Slurry Seal, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Slurry Seal application of Area Six, 1995-96 Program, in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Slurry Seal Application of Area Six, 1995- 96 Program, in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated September 5, 1995 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated September 25, 1995, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of two hundred fifty 0250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice 3 of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City_ d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. S. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not 10 more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 5 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated September 25, 1995 . 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 372798 C-32 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: Date CITY CLERK CONTRACTOR'S Business Phone (310) 864-3363 Emergency Phone at which CONTRACTOR can be reached at any time AtATTOliNEY— to-10-95 S T Ok-RM(,: C Date C:\WP60\LINDAKAY\AGREE-95\royallen.104 3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 10, 1995 FROM: George A. Wentz, City Engineer TITLE: Award of Contract for Construction of Golden Springs Drive Bicycle Lane Improvement Project - Phase I (Diamond Bar Boulevard to Sylvan Glen Road) ISSUE: Consideration of award of a public works construction contract to Traffic Operations, Inc., lowest responsive bidder, for the construction of above titled project. RECOMENDATION: It is recommended that Council, by minute action, award contract to Traffic Operations, Inc. in accordance with the terms of the agreement in the amount not -to -exceed $11,692.00, and provide a contingency amount of $2,000 for project change orders; authorize the City Manager to approve change orders in amounts not to exceed the contingency amount and authorize the Mayor to execute the agreement on behalf of the City. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) Bid Specifications Ordinances(s) (on file in City Clerk's Office) X Agreement(s) Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Yes X No reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY Majority 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: • f Terrence L. e anger Frank M. Usher George A. Went ,1P E. City Manage Assistant City Manager Ci --y Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 10, 1995 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, City Engineer SUBJECT: Golden Springs Drive Bicycle Lane Improvement Project - Phase I (Diamond Bar Boulevard to Sylvan Glen Road) ISSUE STATEMENT This item asks the City Council to consider the award of a public works construction contract to Traffic Operations, Inc. for the construction of above subject project. RECOMMENDATION It is recommended that Council, by minute action, award contract to Traffic Operations, Inc., lowest responsive bidder, in accordance with the terms of the agreement (attached) in the amount not -to -exceed $11,692.00, and provide a contingency amount of $2,000 for project change orders; authorize City Manager to approve change orders in amounts not to exceed the contingency amount; and authorize the Mayor to execute the agreement on behalf of the City. FINANCIAL SUMMARY This project is proposed to be funded by appropriation from the CIP Reserve of the SB -821 account. SB -821 funds are a state allocation to cities for the specific and limited purpose of constructing bicycle and pedestrian paths. The current year budget for this CIP Reserve fund includes $116,403. Earlier this account was reduced $20,000 with the allocation of that amount to the Grand Avenue Street Rehabilitation Project. Award of this project will further reduce this account by approximately $13,692 (including construction costs plus contingency cost) to an account balance of approximately $72,611. BACKGROUND/DISCUSSION On August 15, 1995 the City Council approved the plans and specifications for the project and authorized staff to solicit bids for the work. In response to the solicitation for bids a total of 5 sealed bids were received and opened on September 12, 1995. These are summarized as follows: BIDDER AMOUNT Traffic Operations, Inc. $11,692.00 Paving Contractors, Inc. $12,776.00 J & S Sign Company, Inc. $15,610.00 ASAP Services, Inc. $17,294.00 Orange County Stripping, Inc. $18,075.00 The proposal of Traffic Operations, Inc. has been determined to be the lowest responsive bid. CONCLUSION It is appropriate at this time to award the contract for the construction the Golden Springs Drive Bicycle Lane Improvement Project - Phase I (Diamond Bar Boulevard to Sylvan Glen Road) to Traffic Operations, Inc. as the lowest responsive bidder in accordance with Staff's recommendation. PREPARED BY: - ichael D. Myers, P.E. for George A. Wentz, City Engineer AGREEMENT FOR GOLDEN SPRINGS DRIVE BICYCLE LANE IMPROVEMENT - PROJECT - PHASE I (DIAMOND BAR BOULEVARD TO SYLVAN GLEN ROAD) The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between TRAFFIC OPERATIONS, INC. hereinafter referred to as the "CONTRACTOR" and the CITY OF DIAMOND BAR , California, hereinafter referred to as "CITY". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR, TRAFFIC OPERATIONS, INC. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the GOLDEN SPRINGS DRIVE BICYCLE LANE II•LDROVEI�iENT PROJECT - PHASE I (DIAMOND BAR BOULEVARD TO SYLVAN GLEN ROAD) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work of the GOLDEN SPRINGS DRIVE BICYCLE LANE IMPROVEMENT PROJECT - PH SE I ( DIAMOND BAR BOULEVARD TO SYLVAN GLEN ROAD) in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 23, 1995 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCU EE NTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated September 8, 1995, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to comolete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within FIFTEEN (15) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub—contractor in performing the work provided for 2 herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury ( not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy mai- not be canceled nor the amount of the coveraze thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. ' 3 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10 ) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. city also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP E1L�LC' •1ENT: In accordance with the a] provisions of section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor requirements of Sections 1777.5 apprentices. under him shall comply with the and 1777.6 in the employment of Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTE*ICL PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRF_CTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause S whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained b,r City until disposition has been mane of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. 6 This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10'. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CON'T'RACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated Sentember 8, 1995 . 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 376858 C-32 Traffic operations, INC 216 _Toby Way Pomona, CA 91767 Date By: CP . TITLE CITY OF DIAMOND BAR, CALIFORNIA Date By: ATTEST: MAYOR By: CITY CLERK Date CONTRACTOR'S Business Phone (909) 865-2935 Emergency Phone at which G O CONTRACTOR can be reached at any time AS TO /0 - /y - �( Date V OTTv nT MAU AGENDA REPORT AGENDA NO. Z5 , (L- TO: L TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 12, 1995 FROM: Bob Rose, Community Services Director TITLE: REQUEST FOR BUDGET ADJUSTMENT FOR MAPLE HILL PARK A.D.A. RETRO- FIT PROJECT SUNIlVIARY: The City of Diamond Bar has a City Council approved contract with Allied Engineering and Construction, Inc. to construct the A.D.A. modifications at Maple Hill Park, in the amount of $154,661.84, plus a contingency not to exceed $6,000. Due to the sloughing of the slope adjacent to the project, there was additional dirt to grade than what appeared on the plans and specifications for Continued on Page 2 RECOMMENDED ACTION: It is recommended that the City Council approve a Budget Adjustment of $9,460 from the C.D.B.G. Reserves Fund to the Maple Hill Park ADA Retro -fit project. It is further recommended that the City Council increase the contingency amount for the Maple Hill Park ADA Retro- fit project from $6,000 to $15,460 (10% of total contract). LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in City Clerk's Office) Ordinance(s) X Other: Project Change Order Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No .by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works / Engineering Finance REVIEWED BY: i Terr nce . Belanger Frank M. Us r Bob ose City Man ger Assistant City Manager Community Services Director Agenaa xeport Maple Hill Budget Adjustment Meeting Date: October 17, 1995 Page Two SLTMN (ARY: (continued) this project. Also, a one -foot high curb has been added to the project to prevent future sloughing from impacting the project improvements. Therefore, a change order in the amount of $7,681.56 has been prepared to have this required additional work completed. Additionally, with only about 50% of the project completed and the original contingency of $6,000 (3.9% of total contract) depleted, staff recommends that the total contingency be increased to $15,460 (10% of total contract). A $9,460 Budget Adjustment will provide the funds necessary for the Change Order plus will allow for a project contingency amount of $7,778.44 The Budget Adjustment will be funded with C.D.B.G. Reserve Funds. PROJECT NO. PROJECT TITLE CITY OF DIAMOND BAR 21660 E. Copley Drive Diamond Bar, CA 91765 PROJECT CHANGE ORDER #1 THIS CHANGE ORDER IS APPLICABLE TO: CONTRACTOR Allied Engineering and Maple Hill Park A.D.A. Retrofit Construction, Imc. NOTICE TO PROCEED July 10, 1995 TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE Sept. 7, 1995 THIS CHANGE ORDER $ 154,661.84 CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: 1. Four extra days to remove larger than expected footings. 2. Four extra days to remove unexpected foundation to play ground equipment. 3. Two extra days for flooding due to breaking an unknown water pipe. 4. Five extra days for large rocks encountered during trenching. 5. Seven extra days and $4,843.13 for work related to construction of concrete curbing adjacent to toe of slope, as recommended by Anne Garvey on 9/18/95. 6. Five extra days and $2,838.43 for extra grading and soil disposal for walkway adjacent to toe of slope, as recommended by Anne Garvey on 9/18/95. THE AMOUNT OF THE CONTRACT WILL BE INCREASED - I BY THE SUM OF $ 7,681.56 THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING INCREASED/X4XXMdR*Kb 27 DAYS THIS CHANGE ORDER $162 , 343.40 ------------------------------------- ---------------- REVIEWED.BY INI IALS DATE APP R ED BY DATE PROJECT COORDINATOR I Q COT CTOR PROJECT MANAGER CITY MANAGER CITY OY DIAMOND 15AK AGENDA REPORT AGENDA NO. J, l TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 12, 1995 FROM: Bob Rose, Community Services Director TITLE: BUDGET ADJUSTMENT FOR L.L.M.D. #38 SUMMARY: During the first three months of the 1995/96 Fiscal Year, there have been two mainline breaks in irrigation systems that service L.L.M.D. #38 that are located under Grand Avenue and Diamond Bar Blvd. in Diamond Bar. The repair of these breaks caused extraordinary expenses for L.L.M.D. #38 maintenance, in the total amount of $10,770. In order to have funds available for expected maintenance costs during the remainder of the fiscal year, it is necessary to appropriate $10,770 from the L.L.M.D. #38 Reserves to the L.L.M.D. #38 Maintenance -Grounds and Buildings account. There are currently $132,881 in Reserves for L.L.M.D. #38 and this budget adjustment will leave the Reserve fund with a balance of $122,111. RECOMMENDED ACTION: It is recommended that the City Council approve a Budget Adjustment of $10,770. from the L.L.M.D. #38 Reserves Fund to the Maintenance -Grounds and Buildings account. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) X Other: Budget Adjustment Request EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _2L No by the City Attorney? 2. Does the report require a majority vote? _2L Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Finance REVIEWED BY: 01 Terrence L. ger Frank Ifs r Bob )Rose City Manager Assistant City Manager Community Services Director 011TR nG TUG CITY r -N IVIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR OCTOBER 2, 1995 CALL TO ORDER: The meeting was called to order at 4:00 p.m., in the City Hall Conference Room, 21660 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Papen. ROLL CALL: Council Member Ansari, Mayor Pro Tem Werner and Mayor Papen. Council Member Harmony arrived at 4:10 p.m. Also present were Terrence L. Belanger, City Manager; Frank M. Usher, Assistant City Manager; Linda Magnuson, Finance Manager and Lynda Burgess, City Clerk. 2. CONSENT CALENDAR: 2.1 VOUCHER REGISTER - Oscar Law asked questions regarding several items on the Voucher Register. Following discussion, C/Ansari moved, MPT/Werner seconded to approve the Voucher Register dated October 3, 1995 in the amount of $674,133.05. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 3. ADJOURNMENT: With no further business to conduct, M/Papen adjourned the meeting at 4:10 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. +' TO: Honorable Mayor and Members of the City Council MEETING DATE: October 17, 1995 REPORT DATE: October 13, 1995 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Joint Agreement with the City of Walnut for the purpose of retaining Ultrasystems Environmental Incorporated. SUMMARY: Recently, representatives from the City of Walnut contacted City staff to discuss their interest in sharing our environmental consultant, Ultrasystems Environmental Incorporated. Because both cities share a common interest against the proposed materials recovery facility in the City of Industry it would be advantageous for the two communities to combine their efforts and jointly participate in the funding of a shared scope of services. In doing so, both cities can avoid a duplication of efforts and reduce their overall cost. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a joint agreement with the City of Walnut in an amount not -to -exceed $20,000 for the purpose of retaining Ultrasystems Environmental Incorporated to provide environmental assessment and reporting services related to the proposed Material Recovery Facility in the City of Industry. It is further recommended that the City Council approve and authorize the City Manager to expend an additional $10,000 for individual technical studies (e.g., noise, air, traffic) as warranted. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) _ Agreement(s) _ Other 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _A No Which Commission? 5. Are other departments affected by the report? _ Yes -X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela g Frank V bs'W Troy zlaff City Manager Assistant City Manager Assistant t the City Manager CIT? COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Joint Agreement with the City of Walnut for the purpose of retaining Ultrasystems Environmental Incorporated. ISSUE STATEMENT: Should the City enter into a joint agreement with the City of Walnut and retain Ultrasystems Environmental Incorporated for the purpose of providing environmental assessment and reporting services related to the proposed Materials Recovery Facility in the City of Industry? RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a joint agreement with the City of Walnut in an amount not -to -exceed $20,000 for the purpose of retaining Ultrasystem Environmental Incorporated to provide environmental assessment and reporting services related to the proposed Material Recovery Facility in the City of Industry. It is further recommended that the City Council approve and authorize the City Manager to expend an additional $10,000 for individual technical studies (e.g., noise, air, traffic) as warranted. FINANCIAL SUMMARY: The City Council has previously budgeted $30,000 (001-4210-4240)in Fiscal Year 1995-96 for environmental assessment and reporting services related to the proposed Materials Recovery Facility Project in the City of Industry. BACKGROUND: Over the last several years the City of Industry has been actively pursuing plans to develop and operate a 5,700 tons per day material recovery and transfer station facility on a 40 -acre parcel in the northeasterly corner of their community. Due to the proximity of the proposed facility and the potential environmental impacts it would have upon our community, the City Council retained the services.of Ultrasystems Environmental Incorporated to review and analyze the Draft Environmental Impact Report and all associatea environmental aV4L;U[IIei1LS as required under the California Environmental Quality Act (CEQA). As technical consultants to the City of Diamond Bar, Ultrasystems has been instrumental in ensuring the full disclosure of all environmental impacts associated with this project. DISCUSSION: The City of Industry continues to show that they are fully committed to completing their proposed Materials Recovery Facility. Information obtained from the City of Industry indicates that they have authorized an additional expenditure of $600,000, to P&D Environmental Services, their environmental consultant, for the purpose of revising and recirculating a Draft Environmental Impact Report on the proposed facility. It is widely felt that the City of Industry could recirculate their environmental impact report at any time. Recently, representatives from the City of Walnut contacted City staff to discuss their interest in sharing our environmental consultant. Because both cities share a common interest against the proposed facility it would be advantageous for the two communities to combine their efforts and jointly participate in the funding of a shared scope of services. In doing so, both cities can avoid a duplication of efforts and reduce their overall cost. Rather than "reinventing the wheel" and duplicating services currently being performed for our community, Ultrasystems has revised their current scope of work to include the City of Walnut. Under the revised scope of work, Ultrasystems will perform the following services: (1) conduct a technical due -diligence review of the yet to be released Draft Environmental Impact Report (DEIR) for the proposed Materials Recovery Facility in the City of Industry; and (2) review, monitor and provide agency consultation for those discretionary entitlements which represent key precursors to the approval of the proposed project. In addition to the performing a due -diligence report of the Draft Environmental Impact Report, Ultrasystems has identified the following objectives: • Provide meaningful input into the EIR process so as to ensure both full disclosure of all potential adverse environmental and socioeconomic effects, including the identification and examination of a full range of reasonable project alternatives; • Support efforts directed toward the development of an adequate administrative record which, if so required, can be subsequently utilized to challenge the legal adequacy of the project's environmental review record; and • Facilitate collaborative negotiations between the City of Industry and the affected communities to help find an suitable alternative development strategy for the proposed facility. The total cost for the revised scope of work will not exceed $40,000 total, or $20,000 per city. Additional technical studies can be performed, as needed, on a time and materials basis. Staff is requesting that the City Council approve the joint agreement with the City of Walnut and authorize the City Manager to execute the necessary contractual documents. It is further requested that the City Council approve the expenditure of an additional $10,000 and authorize the City Manager to conduct, as needed, any technical studies related to the proposed Materials Recovery Facility. PREPARED BY: L-3 I L-�> '28y� Troy L.tzlaff Assistant t the Cit Mana r F:\WP51\WORK\AGENDA\AGE-RPT.FRM Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET DATE: %O —4L--9S— TIME: 4L-- /S TIME: NO. OF PAGES: q (Including Cover Sheet) TO: COMPANY: PHONE: ff." FROM: L�J n d o DEPARTMENT: .� (�r�✓��G✓�i2�u-4L PHONE: COMMENTS: P15 LAL�doc /oc' Cl�e - -- 61"a,r% SPECIAL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Diamond Bar City Council will hold a special meeting at the South Coast Air Quality Management District Board Hearing Room, located at 21865 E. Copley Drive on Thursday, October 20, 1995, at 9:30 a.m. Items for consideration are listed on the attached agenda. I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Special Meeting of the Diamond Bar City Council to be held on October 20, 1995 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 18th day of October, 1995, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar cit, 1 CiCCOVY, AGENDA Friday, October 20, 1995 9:30 A.M. Special Meeting City Hall Conference Room 21660 East Copley Drive, Suite 100 Diamond Bar, California Mayor Mayor Pro Tem Phyllis E. Papen Gary H. Werner Council Member Eileen R. Ansari Council Member Clair W. Harmony City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re •cycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In can of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following ads in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least throe business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1 2. Next Resolution No. 95-56 Next Ordinance No. 06(1995) CALL TO ORDER: 9:30 A.M. October 20, 1995 PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner, Mayor Papen SCHEDULE OF FUTURE EVENTS: 2.1 PLANNING COMMISSION - October 23, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 2.2 PARKS & RECREATION COMMISSION - October 26, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 2.3 CITY COUNCIL MUNICIPAL ELECTION - November 7, 1995 - 7:00 a.m. to 8:00 p.m. 2.4 CITY COUNCIL MEETING - November 7, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of September 5, 1995 - Approve as Submitted. 3.1.2 Regular Meeting of September 19, 1995 - Approve as Submitted. 3.1.3 Adjourned Regular Meeting of October 2, 1995 - Approve as Submitted. Requested by: City Clerk 3.2 PLANNING COMMISSION MINUTES - Regular Meeting of August 14, 1995 - Receive & File. Requested by: Community Development Director 3.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of July 27, 1995 - Receive & File. Requested by: Community Services Director 3.4 VOUCHER REGISTER - Approve Voucher Register dated October 17, 1995 in the amount of $463,531.54. Requested by: City Manager 3.5 TREASURER'S REPORT - Receive & File Treasurer's Report for July and August, 1995. Requested by: City Manager 3.6 CLAIM FOR DAMAGES - 3.6.1 Filed by Bhavin Sodha on September 11, 1995. OCTOBER 20, 1995 PAGE 2 Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.6.2 Filed by Linda Pizanti on September 28, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 3.7 RELEASE OF "MONUMENTATION" BOND FOR TRACT 47851 AT OAK KNOLL DRIVE, BENTLEY WAY AND WOODBRIDGE COURT IN THE COUNTRY - The Principal desires release of Monumentation Bond No. 001-2300-1001 posted for setting survey monuments for Tract No. 47851 (Oak Knoll Dr., Bentley Way and Woodbridge Ct. in the Country) and the transfer of these monies to the City's Quimby Fee Account in order to partially satisfy the park -in -lieu fee required prior to recordation of Diamond Bar East's second subdivision Vesting Tentative Tract 48487. The City Engineer finds that the Principal has set all monuments as shown on the recorded Tract Map and Certificate of Correction on file. This bond was a condition precedent to the approval and recordation of Tract Map 47851. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release Surety Bond No. 001-2300-1001 posted with the City and instruct the City Clerk to notify the Principals and instruct the Finance Manager to transfer the $41,750 cash bond to the City's Quimby Fee Account. Requested by: City Engineer 3.8 FINAL APPROVAL OF CONDITIONALLY APPROVED VESTING TENTATIVE TRACT NO. 48487 AND ACCEPTANCE OF OFF-SITE EASEMENTS - Approval of final map for conditionally - approved VTT No. 48487, Subdivision improvement agreement and tri -party agreement (subdivider and Walnut Valley Water District) and acceptance of off-site easements. Recommended Action: It is recommended that the City Council find that the final map is in substantial compliance with the tentative map and conforms with all requirements of the Subdivision Map Act, the City's Subdivision Ordinance and conditions of tentative map approval and approve the final map, including abandonment of certain easements and prior offers of dedication, rejecting certain offers of dedication and accepting certain other offers. Second, approve subdivision improvement agreement and authorize the Mayor to execute OCTOBER 20, 1995 PAGE 3 the agreement. Third, accept offers of dedication for public utilities and public service easements and authorize the City Clerk to execute certificates of acceptance and record easements. Requested by: City Engineer 3.9 THE 1995-96 SLURRY SEAL IMPROVEMENT PROGRAM - AREA SIX - On September 5, 1995, Council authorized staff to advertise for bids for the 1995-96 Slurry Seal Improvement Program - Area Six. Staff proposes to award a contract to the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a contract to Roy Allen Slurry Seal, Inc. in an amount not -to -exceed $125,109.50, and provide a contingency of $12,000 for the project. Requested by: City Engineer 3.10 AWARD OF CONTRACT FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE BICYCLE LANE IMPROVEMENT PROJECT - PHASE I (Diamond Bar Boulevard to Sylvan Glen Road) - Award of a public works construction contract to Traffic Operations, Inc., lowest responsive bidder, for construction of above titled project. Recommended Action: It is recommended that the City Council award a contract to Traffic Operations, Inc. in accordance with the terms of the agreement in an amount not -to -exceed of $11,692 and provide a contingency amount of $2,000 for project change orders; authorize the City Manager to approve change orders in amounts not to exceed the contingency amount and authorize the Mayor to execute the agreement on behalf of the City. Requested by: City Engineer 3.11 LEFT -TURN SIGNAL CONSTRUCTION ON NORTHBOUND DIAMOND BAR BOULEVARD AND PATHFINDER ROAD - On August 15, 1995, Council authorized staff to advertise for bids for installation of a left -turn traffic signal on northbound D.B. Blvd. at Pathfinder Rd. Staff proposes to award a contract to the lowest responsible bidder, L & R Electric Service Company, Inc. Recommended Action: It is recommended that the City Council award a contract to L & R Electric Service Company, Inc. in an amount not -to -exceed $14,920 and provide a contingency of $1,500. Requested by: City Engineer OCTOBER 20, 1995 PAGE 4 3.12 REQUEST FOR BUDGET ADJUSTMENT FOR MAPLE HILL PARK A.D.A. RETROFIT PROJECT - The City has an approved contract with Allied Engineering & Construction, Inc. for A.D.A. modifications at Maple Hill Park in the amount of $154,661.84, plus a contingency not to exceed $6,000. Due to sloughing of the slope adjacent to the project, there was additional dirt to grade than what appeared on the plans and specifications. Also, a one -foot high curb has been added to the project to prevent future sloughing from impacting the project improvements. Therefore, a change order in the amount of $7,681.56 has been prepared to have this required additional work completed. In addition, with only about 50% of the project completed and the original contingency of $6,000 depleted, staff recommends that the total contingency be increased to $15,460. A $9,460 Budget Adjustment will provide the funds necessary for the Change Order plus provision of a project contingency amount of $7,778.44. The Budget Adjustment will be funded with C.D.B.G. Reserve Funds. Recommended Action: It is recommended that the City Council approve a Budget Adjustment of $9,460 from the C.D.B.G. Reserve Fund to the Maple Hill Park ADA Retro- fit project. It is further recommended that the City Council increase the contingency amount for the Maple Hill Park ADA Retro -fit project from $6,000 to $15,460. Requested by: Community Services Director 3.13 BUDGET ADJUSTMENT FOR L.L.M.D. NO. 38 - During the first three months of 1995/96 FY, mainline breaks have occurred in irrigation systems located under Grand Ave. and Diamond Bar Blvd. Repairs caused extraordinary expenses for L.L.M.D. No. 38 maintenance in the total amount of $10,770. In order to have funds available for expected maintenance costs during the remainder of the fiscal year, it is necessary to appropriate $10,770 from the L.L.M.D. No. 38 Reserves to L.L.M.D. No. 38 Maintenance - Grounds and Buildings account. There is currently $132,881 in Reserves for L.L.M.D. No. 38 and this adjustment will leave the Reserve fund with a balance of $122,111. Recommended Action: It is recommended that the City Council approve a Budget Adjustment of $10,770 from the L.L.M.D. No. 38 Reserves Fund to the Maintenance -Grounds and Building account. Requested by: Community Services Director 3.14 APPROVAL OF JOINT AGREEMENT WITH THE CITY OF WALNUT FOR THE PURPOSE OF RETAINING ULTRASYSTEMS ENVIRONMENTAL INCORPORATED - Recently, representatives from the City of Walnut contacted City staff to discuss sharing our environmental consultant, Ultrasystems Environmental Inc. OCTOBER 20, 1995 PAGE 5 Because both cities share a common interest against the proposed materials recovery facility in the City of Industry, it would be advantageous for the two communities to combine efforts and jointly participate in funding a shared scope of services. In doing so, both cities can avoid duplication of effort and reduce overall cost. Recommended Action: It is recommended that the City Council authorize the City Manager to enter into a joint agreement with the City of Walnut in an amount not -to - exceed $20,000 to retain Ultrasystems Environmental, Inc. for environmental assessment and reporting services related to the proposed Material Recovery Facility in the City of Industry. It is further recommended that the City Council approve and authorize the City Manager to expend an additional $10,000 for individual technical studies (e.g. noise, air, traffic) as warranted. Requested by: City Manager 4. ANNOUNCEMENTS: 5. CLOSED SESSION: None 6. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 17, 1995 REPORT DATE: October 10, 1995 FROM: George A. Wentz, City Engineer TITLE: Final Approval Of Conditionally Approved Vesting Tentative Tract No. 48487 And Acceptance Of Offsite Easements. ISSUE: Approval of final map for conditionally approved Vesting Tentative Tract No. 48487, of subdivision improvement agreement and tri -party agreement (subdivider and Walnut Valley Water District) and acceptance of offsite easements. RECOMENDATION: It is recommended that the City Council by minute action first a) find that the final map is in substantial compliance with the tentative map and conforms with all the requirements of the Subdivision Map Act, City Subdivision Ordinance and conditions of tentative map approval and b) approve the final map including abandonment of certain easements and prior offers of dedication, rejecting certain offers of dedication and accepting certain other offers. Second, approve subdivision improvement agreement and authorize the Mayor to execute agreement. Third, accept offers of dedication for public utilities and public services easements and authorize City Clerk to execute certificates of acceptance and record easements. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) Bid Specifications Ordinances(s) (on file in City Clerk's Office) X Agreement(s) X Other: (Tract map and easements) (Subdivision & Tri -party) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departmen#: Planning Department & Fire Department REVIEWED BY: Terrence L. B anger Frank U e George A. W ntz City Manager Assistant Cit Manager City Engine CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, City Engineer SUBJECT: Approval of Subdivision and Tri -party Agreements, Approval Of Final Map of Tract No. 48487 And Acceptance Of Offsite Easements. ISSUE STATEMENT This item asks the City Council to approve the final map for conditionally approved Vesting Tentative Tract No. 48487, approve the Subdivision and Tri -party Agreements (Subdivider and Walnut Valley Water District) and accept offers of offsite easements. RECOMMENDATION It is recommended that the City Council, by minute action, approve the subdivision improvement and tri -party agreements and authorize the Mayor to execute agreements on behalf of the City. Second, a) find that the final map is in substantial compliance with the tentative map and conforms with all the requirements of the Subdivision Map Act, the City Subdivision Ordinance and the conditions of tentative map approval, and b) approve the final map including abandonment of certain easements and prior offers of dedication, rejection of certain offers of dedication and acceptance of certain other offers. Third, accept the offers of dedication for public utilities and public services easements and authorize the City Clerk to execute certificates of acceptance and record easements concurrent with recordation of the final map. A sample motion is attached. FINANCIAL SUMMARY Approval of this map will not have any affect on the City's 1995-96 budget. BACKGROUND/DISCUSSION Vesting Tentative Tract Map No. 48487 was conditionally approved on June 2, 1995 by the City Council by passage of Resolution No. 92-34. This matter is before the City Council for approval of the final map. This project provides 15 single family residential lots on a 20 acre site which is immediately adjacent to Tract No. 47851. Lots range in size from 0.3 ac to 3 ac. The final map has been reviewed by the City Engineer and is technically correct and conforms substantially to the approved tentative map. It conforms with all requirements of the Subdivision Map Act, the City Subdivision Ordinance and all conditions of tentative map approval (see attached summary). Certain offsite improvements were required for this development. Particularly the improvement of the westerly half of Windmill Drive and the cul-de-sac require easements from the adjacent properties. Easements for private street purposes have been conveyed from these owners to the owner of Vesting Tentative Tract no. 48487. Water system improvements to serve this subdivision are proposed westerly of the centerline if Windmill Drive. Public utilities are planned variously within this 60' private street area, including within that 30' area of the private street offsite westerly. Therefore, a public utilities and public services easement to the City has been required. This assures the city's ability to guarantee access equitably to all utility companies and therefore adequate service to all parts of this subdivision. These offers (grant deeds) are attached and are recommended for acceptance by the City on behalf of the public. As the improvements have not been completed at this time, the Subdivider is prepared to enter into an agreement with the City to construct these improvements as a condition precedent to approval of the final map and has offered surety bonds to secure his performance. As water system improvements are to be constructed by WVWD and not by the Subdivider, Section 21.36.060 of the City Subdivision Ordinance requires that the Subdivider and WVWD enter into agreement to construct improvements and that the City be party to the agreement. The subdivision agreement provides for the construction of all improvements and setting of subdivision monuments within 2 years; performance is secured by surety bonds. The Tri -party Agreement, between the City, Subdivider, Walnut Valley Water District gives the City the authority to direct, should it be necessary, WVWD to install water system improvements. Bonds guaranteeing construction of the water system improvements are provided to the City. CONCLUSION For improvements not constructed and accepted at the time of final map approval the City must enter into an agreement with the Subdivider. Such agreement has been offered and provides for a separate tri -party agreement with the WVWD. Both the Subdivision and Tri -party agreements are attached and both have been reviewed and approved by the City Attorney as to form. As the final map has been reviewed by the City Engineer, as it conforms with all requirements of the Subdivision Map Act and the City Subdivision Ordinance, as it complies with all conditions of tentative map approval and as an improvement agreement has been approved, the Council must approve the map at this or its next regular meeting. In order to assure easements for all the utility companies, which are satisfactory to allow construction of and access to the improvements which are necessary to serve this subdivision, certain offsite public utilities and public services easements are required. Offers of easements have been made to the City and appropriately the City should accept these easement to provide for the development. PREPARED BY: 5 Michael D. Myers, P.E. for George A. Wentz, City Engineer Draft Motion Move that: 1) The final map for Tract No 48487, as presented, is in substantial compliance with the tentative map and conforms with all the requirements of the Subdivision Map Act, the City of Diamond Bar Subdivision Ordinance and all conditions of tentative map approval and is hereby approved; further the Council accepts, on behalf of the public, a) the offer of dedication of the right to prohibit the erection of buildings and other structures, b) the offer of easements for public utilities and public services purposes, c) the offer of easements for sanitary sewer purposes, and d) the offer of abandonment of all rights of further subdivision and of construction rights of more than one residential structure and its accessory uses on any lot; and the Council rejects the offers of dedication, for the public use, a) the land designated for street purposes a) as private streets, and b) the land designated as private (and future) storm drain easement for storm drain purposes all as indicated thereon; and the Council further authorizes and directs the City Clerk to record the final map. 2) The Mayor is authorized to sign, on behalf of the City, the Subdivision Agreement and Tri -party Agreement presented in connection with this approval. 3) The City accepts, on behalf of the public, the grant of easements for public utilities and public services purposes from Edmund Liu and Julia Tang and Diamond Bar East Partners and authorizes the City Clerk to execute certificates of acceptance and record all such documents concurrent with the recordation of the final map. Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data. A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to 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 herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. 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 the construction or installation of the Improvements, free and dear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider- shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. 2 F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraph, B above. The City Council shall act upon the City Engineer's recommendation within .y (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 11111WRTUM N 10 010 • I A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Administrator. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Administrator, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 4 HENFurs-4 M919553 swM K1 10 1� A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 %) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to fifty percent (50%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by 5 subparagraph A above, for one hundred percent 100% of the revised Estimated Total Cost of the Improvements. A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, 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 settlement or release of all claims and obligations for which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or A person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, gl &q.) asserted by the City, or its officers, agents or employees, is determined by a 7 court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. a 1 =.►� %: W M:1 1:911 �1 A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; P ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs D and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. Neither Subdivider, nor any of Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. WE 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: C & A Developers, Attn: Kurt Nelson 3480 Torrance Blvd., Ste. 300 Torrance, CA 90503 Notice shall be effective on the date that it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. I This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 11 It2ze) M-1181 .191 &TJ 61 : C ►� The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. This Agreement shall be governed by laws of the State of California. ff.-IMEM-504 v Pro OR 1 • 1 -- 1=344 3:045v 2D, This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP Diamond Bar East Partners, a California Limited Partnership, General Partner by: Diamond Ridge East Management Company, a California Corporatio its G neral Partner Gregeiy DelgacU, President Kurt Nelson, Secretary Date: ,9-d,7 - f,5- "CITY"- S "CITY"- THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION BY: Date: (Title) 12 Attest By City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of No. 5907 County of l_ _6�:) iNl 11()P I e'- Ga(qeL,1 On � before me, DATE NAME, TITLE OF OFFI ER • E.G.,'JANE DOE. NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) Vpersonally 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 ac- knowledged 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 PATTY GAWEY person(s) acted executed the instrument. Z '_ L COMM. «Ioozne Z z w Notary Public — Caitomio _> LOS ANGELES COtMny My Com m.Ezp'vosALlG22,199) WITNESS my hand and official seal. I✓ " wvG--- SIGNA URE OF A Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 S CITY OF DLAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 48487 ("Final Map" herein) Tract No. 48487 "Subdivision" herein. Subdivider: C & A Developers, a California Limited Partnership Subdivider Address: 3480 Torrance Blvd., Ste. 300 Torrance, CA 90503 Attention: Kurt Nelson CITY COUNCIL RESOLUTION OF APPROVAL NO. ("Resolution of Approval" herein) IMPROVEMENT PLANS NO. (see Schedule A "Improvement Plans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: GRADING - $630,000.00 SEWER, STORM DRAINS, STREETS - $602,000.00 DOMESTIC WATER SYSTEM - $132,000.00 RECLAIMED WATER SYSTEM - $ 39,000.00 LANDSCAPE & IRRIGATION - $185,000.00 MONUMENTATION - $ 2,000.00 FORM OFF IMPROVEMENT SECURITY: CORPORATE SURETY BONDS NAME & ADDRESS OF CORPORATE SURETY: DEVELOPERS INSURANCE COMPANY 3466 MT. DIABLO BLVD. STE. 104 LAFAYETTE, CA 94549 SURETY BOND NUMBERS: EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPROVEMENT WORK: 180 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD: ?_MONTHS AFTER EFFECTIVE DATE OF AGREEMENT 13 SCHEDULE A TRAcr MAP No. 48487 GRADING PLANS FOR TRACT NO. 48487 (4) SHEETS, PREPARED BY PFEILER AND ASSOCIATES, UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 15, 1995, AND APPROVED JULY 19, 1995. STORM DRAIN IMPROVEMENT PLANS FOR TRACT No. 48487 (3 SHEETS) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 17, 1995, AND APPROVED JULY 19, 1995. STREET IMPROVEMENT PLANS FOR TRACT NO. 48487 (3 SHEETS) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 5, 1995 AND APPROVED JULY 19, 1995. SANITARY SEWER PLANS, P.C. NO. 94-002 FOR TRACT 48487 (4 SHEETS/2 PAGES) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. No. 29517, DATED AND APPROVED JULY 19, 1995. DOMESTIC WATER DISTRIBUTION SYSTEM IMPROVEMENT PLANS PREPARED BY WALNUT VALLEY WATER DISTRICT, UNDER SUPERVISION OF W.E. INGALSBE, R.C.E. No. 10244, DATED SEPTEMBER 2, 1994 AND APPROVED MARCH 3,1995. PLANTING AND IRRIGATION PLAN PREPARED BY CRAIG WEBER & ASSOCIATES, DATED AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED BY THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. 14 Tri -Party Agreement Tract 48487 Domestic Water System This Agreement is entered into this day of October, 1995, by and between the City of Diamond Bar, a Municipal Corporation ("City"), Walnut Valley Water District ("District"), and C&A Developers, a California Limited Partnership ("Subdivider"), concerning that certain subdivision known as Vesting Tentative Tract No. 48487, being District Work Order 92-2093 ("Subdivision"), and the Domestic Water Distribution System ("Domestic Water System") required as a condition of Subdivision's recording and development. RECITALS I. Subdivider has entered into a Subdivision Agreement with City, concerning Subdivision improvements, the terms of which provide that: a) Subdivider shall cause to be constructed a Domestic Water System according to plans and specifications prepared by District, and; b) the completion of said Domestic Water System shall be guaranteed to City through Subdivider's providing surety bonds or other instruments of guarantee in amount and type sufficient to enable City to complete said improvements in the event of Subdivider's default. II. District policy requires that District shall design and construct said Domestic Water System, and District has prepared an estimate based upon its plans and specifications which project a cost of: $ 22,200.00 for "indirect costs" (engineering, administration, costs, capacity charges, etc.); $ 62,000.00 for labor, and; $47,800.00 for materials, being a total estimate of $132,000.00 for completion of the improvements. III. At such time as Subdivider is prepared to commence construction of Subdivision improvements, Subdivider shall pay to District the $22,200.00 set forth above as being attributable to "indirect costs," and District shall obtain final bids for all labor and materials for completion of the Domestic Water System. District shall then submit invoices to the Developer for immediate payment, reflecting the actual costs for labor and materials necessary to complete the Domestic Water System. At such time as Subdivider pays said invoices for the cost of labor and materials, District will award the contracts and commence construction of the Domestic Water System for the Subdivision. IV. In order that Vesting Tentative Tract Map No. 48487 may now be recorded prior to payment of the "indirect costs" to the District, and prior to District's obtaining of bids for labor and material costs of improvement, Subdivider wishes to provide sufficient guarantees of payment and completion to City, and City desires that such surety instruments be provided in an amount sufficient that it might cause completion of all improvements in the event of Subdivider's default. Now Therefore, the Parties agree as follows: A. Subdivider shall provide and City shall accept a surety bond (from a licensed Surety, admitted in California and acceptable to City) guaranteeing completion of the Domestic Water System, in the amount of $165,000.00, such amount being the full estimate by District of $132,000.00, plus a twenty-five percent contingency factor. B. District and Subdivider agree that in the event of Subdivider's default by failure to cause the Domestic Water System to be completed in accordance with the terms of the Subdivision Agreement, then City shall have the benefit of any payments made to the District toward such completion, and District shall, upon City's direction, cause the improvements to be completed, subject only to payment of the remaining costs thereof. C. Subdivider agrees that in the event that District's accepted bid for labor and material costs should exceed the projection by more than the extra twenty-five percent provided for herein, Subdivider shall either promptly pay such overage, or deliver to City an additional bond or other acceptable surety instrument sufficient to guarantee full completion. In Witness Whereof, the parties have executed this agreement upon the date and year first written above. (See Signature Page attached hereto) C & A Developers, a California Limited Partnership By: Diamond Bar East Partners, a California Limited Partnership, General Partner By: Diamond Ridge East Management Co., a California Corporation Z Grego"elgodo,ident Kurt Nelson, City of Diamond Bar, a Municipal Corporation Mayor Attest By: , City Clerk Walnut Valley Water District By: A��— Bryan Lewis, Director of Planning & Projects 8/31/95 VESTING TENTATIVE TRACT NO. 48487 R4v-9 /4 Rev 10/10 CONDITION COMMENTS STATUS (b) FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, Water plans prepared and Condition fire hydrants, and fire flows as approved by WVWD (3/3/95). satisfied required by Fire Department and Fire Code. 2. Emergency secondary access shall secondary access applies N/A be provided in accordance with Fire only to Vesting Tentative Protection District Standards and Tract 47850 per J. approved by the City Engineer. DeStefano memo. 3. Fire Department access shall be Compliance reviewed with N/A at extended to within 150 feet distance Site Development Plans. time of of any portion of structure to be Map built. approval 4. Access shall comply with Section Compliance reviewed with N/A at 10.207 of the Fire Code (all weather Site Development Plans. time of access). Street must be paved prior Map to lumber drop. approval 5. Driveways shall include, as Compliance reviewed with N/A at necessary, turnarounds suitable for Site Development Plans. time of fire protection equipment use and Map shown on the final map. Turnarounds approval shall be designed, constructed and maintained to insure their integrity for Fire Department use. 6. All required fire y rants shall Plans approved by WVWD; N/A at be installed, tested and accepted construction guaranteed in time of prior to construction of on-site subdivision agreement Map improvements. vehicular access must (secured by surety bond). approval be provided and maintained serviceable throughout construction. 7. All hydrants shall be brass or Water plans approved by Condition bronze and conform to current AWWA WVWD. compliance for satisfied standard C503 or approved clearance and fire wail equal. All hydrants shall be protection reviewed With installed a minimum of 25' from a Site Development Plans. structure or protected by a two (2) hour fire wall. (C) ENGINEERING REQUIREMENTS: 1. All easements existing prior to Noted. See Stewart Title Condition final map approval must be Cc Preliminary Subdivision satisfied identified. If an easement is Report (dated 8/23/95); blanket or indeterminate in nature, a see map. statement to that effect must be shown on the final map in lieu of its location. 77 2. A title report guarantee showing Noted. eeewar =e Condition all fee owners and interest holders Cc Preliminary Subdivision satisfied must be submitted when a final map is Report (updated 10/10/95); submitted for plan check. The see mar. account shall remain open until the Page 1 CONDITION COMMENTS STATUS final map is filed with the County Recorder. An updated title report/ guarantee must be submitted ten (10) working days prior to final map approval. Cost estimates approved Condition 3. Applicant shall submit to the City Engineer the total cost estimate for grading, streets, satisfied for bonding purposes of all public sewer, storm drain, improvements, prior to approval of reclaimed water and water the final map. approved by WVWD). 4. Applicant shall submit recorded See TADCO agreement which Condition documents indicating the project will guarantees access to this satisfied have proper/adequate right -of -entry property. to the subject site from "The Country". 5. The tract shall be annexed to Property is now in LMD 38; Condition Landscape Maintenance District 38. upon recordation of map LA satisfied Co Assessor will recognize new parcels ($15/Parcel/Yr). 6. New centerline ties shall be Also, required in City Condition submitted to the City Engineer for subdivision code and satisfied approval in accordance with City guaranteed in subdivision Standards, prior to issuance of agreement (secured by building permits. bond) 7. New boundary monuments shall be Boundary monumented i.a.w. Condition set in accordance with the State Map Act. All monuments satisfied Subdivision Map Act and subject to "to be set" are assured to approval by the City Engineer. be set by statement of surveyor on map, state law and are guaranteed in subdivision agreement (secured by bond). See map 8. If any required public See subdivision agreement. Condition improvements have not been completed satisfied by Applicant and accepted by the City prior to the approval of the final map, Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 9. A11 site grading, landscaping, Grading approved 7/19/95 Condition irrigation, street improvement, sewer L/S&I substatially satisfied and storm drain improvement plans approved week of 9/25/95 shall be approved by the City ST approved 7/19/95 Engineer prior to final map approval. S/S approved 7/19/95 S/D approved 7/19/95 10. Street names shall be submitted Name approved as shown on Condition for City review and approval prior to final map. satisfied approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be Noted. N/A at approved by the City Engineer prior time of to issuance of building permits. Map age 2 CONDITION COMMENTS STATUS approval 12. The detail drawings and Noted. N/A at construction notes shown on the time of submitted plans are conceptual only Map and the approval of this map does not approval constitute approval of said notes. 13. Lot line adjustment between LLA recorded 10/20/93, Condition Tracts 47851 and 48487 shall be Inst. No. 93-2044263. satisfied approved prior to recordation of the final map. 14. Grading of the subject property NoteT; grading plans Condition shall be in accordance with the approved. satisfied Uniform Building Code, City Grading Ordinance 14, (1990) and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be Portions Lots 1 - 15 are Condition completely removed prior to fill shown as "restricted use satisfied placement as required by the final area,, and building rights geotechnical report. are dedicated on map; (i.a.w. Cond 19. See map. 16. At the time of submittal -of the Report prepare y condition 40 -scale grading plan for plan check, Harrington Geotechnical satisfied a detailed soils and geology report Engineering, Inc. (Don P. shall be submitted to the City Harrington, PE and J. Engineer for approval and said report Stanley Schweitzer, RGE); shall be prepared by a qualified Report & cummulative engineer and/or geologist licensed by review responses through the State of California. The report 5/26/95 approved by City shall address, but not be limited to, 6/2/95. the following: (a) Stability analyses of daylight Noted; report approved. Condition shear keys with a 1:1 projection from Exception re: Lot 19 satisfied daylight to slide plane (except lot refers to Tr 47851 19 which shall be 1.5:1) shall be used in design, projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical Portions of Lots 1 - 15 Condition constraints (i.e., landslides, shear are shown as "restricted satisfied key locations, etc.) shall be use areas" on map. delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall Noted; Report approved. Condition be designed for a "worst case" satisfied geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial Noe ; Grading Plans Condition Page 3 C4 COMMENTS STATUS grading into natural areas shall be approved. See plan. satisfied clearly defined on the grading plans. (e) Areas of potential for debris Noted; Grading plans Condition flow shall be defined and proper approved. satisfied remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill Noted; Report approved. Condition slopes shall be analyzed as part of satisfied geotechnical report, including remedial fill that replaces natural slope. (g) Stability of all proposed slopes Noted; Report approved. Condition shall be confirmed by analysis as satisfied approved by the City Engineer. (h) All geologic data including Noted; Report approved. Condition landslides and exploratory satisfied excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. 17. Grading plans shall e prepare Noted; Grading Plans Condition in a 24"X36" format and designed in approved. See plan. satisfied compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 18. Grading plan(s) must be signed Plans signed & stamped by Condition and stamped by registered J. Stanley Schweitzer, RGE satisfied Geotechnical Engineer and registered and Jim Evans, REG Geologist. 19. All identified geologic hazar s Portions of Lots 1 - 15 Condition within the Tentative Tract boundaries are shown as "restricted satisfied which cannot be eliminated as use area"; Right to approved by the City Engineer shall prohibit building is be indicated on the final map as dedicated (See owner's "Restricted Use Area". The statement,sheet 1) subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 20. Surety shall be posted and an Surety Bond for grading Condition agreement executed guaranteeing includes costs for satisfied completion of all drainage facilities dewatering. necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 21. Easements for disposal of Applicable areas shown on Condition drainage water onto or over adjacent final map as "easement for satisfied parcels shall be delineated and shown slope and drainage on the final map as approved by the maintenance purposes to be City Engineer. reserved in documents" (to Page 4 CONDITION COMMENTS STATUS Page 5 H.O.A.) N/A at 22. All drainage improvements Noted; Grading Plans necessary for dewatering and approved. time of protecting the subdivided properties Map shall be installed prior to issuance approval of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 23. All slope banks in excess of Noted; Grading Plans Condition five (5) feet in vertical height (approved 7/19/95) and satisfied shall be seeded with native grasses Landscaping Plans or planted with ground cover, shrubs, substantailly approved and trees for erosion control upon week of 9/25/95; completion of grading or some other Landscaping and irrigation alternative method of erosion control construction guaranteed in shall be completed to the subdivision agreement satisfaction of the City Engineer and (secured by surety bond). a permanent irrigation system shall be installed. 24. Street improvement plans in a Street plans (approved Condition 241IX36" sheet format, prepared by a 7/19/95); construction satisfied registered Civil Engineer, shall be guaranteed in subdivision submitted to and approved by the City agreement (secured by Engineer. Security shall be posted surety bond) and an agreement executed guaranteeing completion of the public and/ or private street improvements, prior to final map approval. 25. Prior to any work being Noted. N/A at performed in public right-of-way, time of fees shall be paid and a construction Map permit shall be obtained from the approval City Engineer's Office in addition to any other permits required. 26. No street shall exceed a maximum Noted; street plan Condition slope. of 12%. approved. satisfied 27. Construct base and pavement on Noted; Shown on street and Condition all streets, access road to pump grading plans. Report & satisfied station, and the emergency access Plans approved. Pump road to southerly property line in station constructed with accordance with City approved soils Tract 47851. Emergency report and approved by the City access applicable to Engineer. vehicular access must be proposed Tract 47850 only provided to all "Urban Pollutant (see Condition b.2) Basins" and the pump station with a minimum width of 151, with 12' of pavement and with a maximum slope no greater than 20%. 28. Prior to approval of thefinal-Paid 9/18/95, receipt Condition map, the Applicant shall contribute m23055 satisfied $2,250.00 toward the construction of sidewalks along the east side of Diamond Bar Boulevard across from the Country Hills Shopping Center. 29. The Applicant shall provide an pp ica le only to Tract Page 5 CONDITION irrevocable offer to dedicate an easement for a 60 -foot wide roadway along and straddling the centerline extension of Windmill Drive at the southerly property line of Lot 12 of Tract no. 48487 (northerly property line of the remainder parcel of Tract No. 47851) to the southerly property line of the remainder parcel of Tract No. 47851; except that the northerly 107' of said easement shall be 30 feet wide. 30. A final drainage study and finaE drainage plans in a 24"X36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards. 31. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist. 32. Prior to finalization of any development phase, sufficient drainage -improvements shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 33. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 34. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the city sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. COMMENTS ,STATUS 47851. Additional dedication required for cul-de-sac; see related but separate action to reject offer of street dedication and acceptance of public services easement. Noted. Hydrology study, condition hydraulic calculations, satisfied grading plan and storm drain plan approved. N/A at time of Map aooroval. ed. Site development to I N/A completed in one phase. Noted. COE 404 Permit, DFG N/A at 1603 Agreement & SWRCG 401 time of Certification will be Map required prior to issuance approval. of grading permit. Grading plan approved. oted; SIS plans approved Condition y City Engineer(7/19/95), satisfied ACDPW(8/28/95) and ACSD(9/19/95) e Applicant shall obtain IConnection permits are 'conair.ion satisfied Page 6 CONDITION COMMENTS STATUS connection permit(s) from the City and county Sanitation District. The subdivision shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines and pump station must be offered for dedication and accepted by the County of Los Angeles Public Works Department, prior to approval of the final map. 36. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system and pump station in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. granted only prior to issuance of building permit. Application made and fee paid to annex to LACCSMD. S/S easements are shown on map and offered (See Owner's Statement, sheet 1). Note that annexation only proceeds upon recordation of map and easements are offered appropriately to the City, not the County. Flans approved; Condition ruction guaranteed in satisfied vision agreement red by surety bond). 37. Traffic improvement plans Noted; Necessary trattic Condition prepared by a registered Traffic improvements shown on satisfied Engineer in a 24"X36" sheet format street plans; street plans shall be submitted to and approved by approved; construction the City Engineer. Security shall be guaranteed in subdivision posted and agreement executed agreement (secured by guaranteeing completion of surety bond). improvements prior to final map approval. 38. Intersection line of sight Noted; Street plans Condition designs shall be submitted to the approved. satisfied City Engineer for approval. 39. The Applicant shall prepare Noted; Necessary striping Condition traffic control signing and striping improvements shown on satisfied plans in accordance with requirements street plans; street plans of the State of California Traffic approved. Manual prior to approval of final map. 40. A separate right -turn lane s a7l Work completed; fee in- Condition be striped and appropriate signs lieu paid and accepted satisfied installed in the northbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Shadow Canyon Drive to the satisfaction of the City Engineer. 41. A separate right -turn ane shall Work completed; fee in- Condition be striped and appropriate signs lieu paid and accepted satisfied installed in the southbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Pathfinder Road to the approval of the City Engineer. 42. An additional left -turn lane Work to te included with Condition shall be striped and appropriate Diamond Bar Blvd/Brea satisfied signs installed in the southbound Canyon Intersection direction at the intersection of Improvement; Fee in -lieu Diamond Bar Boulevard and Brea Canyon paid and accepted prior to Road to the Approval of the City recordation of Tr Page 7 CONDITION COMMENTS STATUS Engineer. 47851. Condition 43. A stop sign shall be installed Work completed; fee in- at the intersection of Wagon Train lieu paid and accepted satisfied Lane and Steeplechase Lane. The stop prior to the recordation sign shall be installed on Wagon of Tr 47851. Train along with fifty feet of double yellow striping, Type D pavement markers, stop legend and limit line. 44. Stop signs shall be installed at Shown on street plans Condition the intersection of Windmill Dr and approved. satisfied Wagon Train Lane, subject to approval of the City Engineer. 45. The Applicant shall contribute Fee paid, Receipt #23055 condition $7,500 toward the installation of a satisfied traffic signal at intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of the final map. 46. Provide separate underground Public utility and public Condition utility services to each parcel, services easements are satisfied including water, gas, electric power, provided in all private telephone, and cable TV, in streets and dedicated (see accordance with the respective owners Statement, map utility company standards. Easements sheet sheet 1). See map. shall be provided as required by utility companies and approved by the City Engineer. 47. Applicant shall relocate No existing facilities Condition existing utilities as necessary. identified as necessary to The satisfied relocated. 48. Prior to submittal of the final Will serve from WVT+7D, SCE, Condition map, written certifications from SCG, GTE, and Jones CATV satisfied Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 49. Applicant shallinstallmain an Reclaimed water p ans not Condition service lines capable of delivery of approved; however, design satisfied reclaimed water to all portions of and construction the Tract and the system shall be guaranteed in subdivision designed to permit "switch over" of agreement (secured by nondomestic services on each lot at surety bond) time of availability of reclaimed water, all to the satisfaction of the City Engineer. (D) COMMUNITY DEVELOPMENT DEPARTMENT 1. Applicant shall pay the required Paid (receipt no. 023560) Condition park in -lieu fee prior to the satisfied recordation of the final map. 2. Conditions, covenants, and Noted; & 's approved. Condition restrictions (CC&R's) shall be satisfied provided to the Community Development Page 8 CONDITION Director for review and approval .prior to recordation of the final map. The CC&R's shall include, but no be limited to, provisions requiring disputes involving interpretation or application of the CC&R's to be referred to a neutral third party mediation service with the cost thereof to be borne by the prevailing party, provide a maintenance program for "Urban Pollutant Basins", prelude construction or installation of barriers within wildlife movement corridors as required by the SEATAC Report dated April 8, 1991, and shall substantially comply with the CC&R's applicable to "The Country". Said CC&R's shall record concurrently with the final map or prior to the issuance of any building permit for or sale of any parcel. 3. The site shall a developed an maintained in accordance with the approved vesting Tentative Tract Map and plans approved by the City Council, as revised by these conditions of approval. 4. The mitigation monitoring program dated May 29, 1992, and approved by the City Council shall be implemented and rigorously complied with. Applicant shall deposit, and maintain, with the City a fund in such amounts as required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use COMMENTS STATUS d. Condition satisfied Noted; Compliance N/A at monitored during time of construction. Costs Map estimated and fee payed approval. prior to issuance of any permits N/A aL time of Map approval age 9 CONDITION COMMENTS STATUS of reclaimed water shall be used whenever possible. Pad sizes verified on Condition 6. All lot sFiall be redesig—n-e—T to provide a minimum pad size of 10,000 grading plan. See grading satisfied squuare feet. All other lots shall plan. maintain a minimum lot/ street frontage of 125 feet. 7. A detailed landscape slope Noted; Subdivision L S Condition planting and model home landscaping, plan substantially satisfied shall be prepared by a licensed approved week of 9/25/95; landscape architect and submitted for construction guaranteed in City review approval prior to subdivision agreement approval of the final map. Fence (secured by surety bond). details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. 8. All down drains and drainage Noted; shown on grading Condition channels shall be constructed in plan (Omaha Tan); plan satisfied muted earth tones so as to not impart approved. adverse visual impacts. 9. All oak trees and walnut trees Noted; L S plan Condition to be replaced shall be replaced at substantially approved satisfied the ratios and locations specified in week of 9/25/95. EIR 91-2. 10. Existing trees required to be Noted; L S plan Condition preserved in placed shall be substantially approved satisfied protected with a construction barrier week of 9/25/95 and in accordance with the Los Angeles grading plans approved County Code, and so noted on the 7/19/95. grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 11. Applicant shall contribute Paid 9/ 8/95, Receipt Condition $2,500. as its pro rata share for the #22728 satisfied Ecological Concept Study for Tonner Canyon and SEA No. 15. 12. Applicant shall pay development Noted. Fees due prior to N A at fees (including, but not limited to, issuance of building time of planning, building, and school fees) permits. Map at the established rates prior to approval. issuance of building permits. 13. Applicant shall prepare, and 9o eDue prior to sa e a submit to the Director of Community of first lot. time of Development for approval prior to the Map sale of the first lot of the approval subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and Page 10 walnt tree preservation issues, the exisence and constraints pertaining to SEA no. 15 and Tonner Canyon, explanatory information pertaining to restrictions on use of properties as necessary and similiar related matters. Applicant shall institute a program toinclude delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of the Applicant a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained in the "Buyer Awareness Package". Applicant shall incorporate within the CC&Rs a reference to the availiability of the "Buyer Awareness Package" and the fact that a copy thereof is on file in the office of the City Clerk of the City of Diamond Bar. a) GENERAL REQUIREMENTS 1. This approval of vesting Tentative Tract Map No. 48487 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an affidavit of Acceptance and accepts all conditions of aDDroval. STATUS ffidavit filed. Condition satisfied 2. All requirements of this oted; All that are Condition resolution, the applicable zoning applicable prior to satisfied District, the City Codes, City approval of map have been departmental policies, rules and complied with. regulations of any local agency with jurisdiction thereof shall be complied with by the applicant OTHER: A) Eieeeuted gEai3$ of eaeemeet €erjat1101--e u}iitiee- and -pbLie 6sLc,.- e� pi�p66E�6 S;Ja—Zs6i6Fi 6�. € rt _ i__. Fc.. �. $T$3Ee@tie—�i�3i3—e—A•36.6iE!®i3 --- r ,t , :.. „�-� -�- - a `.,i i te-5•c�rsJ�?e6 ----- p4AEp6666 BV6,- 19GE:6jnR of 122.-..Q1 n aff-ii;n ric_c4e+-ly Page 11 Bond No. 184743S PREH M: $11,340.00 SUBDIVISION MAP ACT jpb9{JBIECTTOADJFOR USTT1ENT FAITHFUL PERFORMANCE BOND $�Ep= CONTRACTPRICE GRADING KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete project grading in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Thirty Thousand Dollars, ($630,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 184743S As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: /X" / 9 ss "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND. BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER b y DIAMOND RIDGE EAST MANAGEMENT CO., rrs GENERAL PARTNER Gregory L. Delgado, esident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847435 PREMIUM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (GRADING) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including grading in accordance with plans approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and Fifteen Thousand Dollars, ($315,000.00) for materials furnished, or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. -1847435 the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below_ Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT Co., rrs GENERAL PARTNER Gregory L. Delg resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY C�+ T-- C�,t Q by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184744S PREPaum: $10,836.00 PPOM 13 FOR TRACTERM SUBDIVISION MAP ACT µON FMlALONTRAPRICE SMEECTTTOwd SCTT ENT BAdED C FAITHFUL PERFORMANCE BOND SEWER, STORM DRAINS, STREETS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete sewers, storm drains and street improvements in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Two Thousand Dollars, ($602,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on . his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847445 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., rrs GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY au, t �l-Ll� fit Q.t by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184744S PREMIUK INCLUDED IN SUBDIVISION MAP ACT PERFOMIANCE BOND PAYMENT BOND SEWERS, STREETS, STORM DRAINS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including sewers, streets and storm drains, in accordance with plans approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and One Thousand Dollars, ($301,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. 1847445 the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: -?, /f 9?— "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184742S PREKM: $2,376.00 SUBDIVISION MAP ACT PRE31AtSFORCONTRACTTERM A!D 8U8JECT TO ADJUSTMENT FAITHFUL PERFORMANCE BOND 6ASEDONFlNALCONTPACTPRICE DOMESTIC WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a domestic water system in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Thirty -Two Thousand Dollars, ($132,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 184742S As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,. alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: Z52-4,7,-,, .7, 945— "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY �iL �- Q-1 by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (DOMESTIC WATER SYSTEM) Bond No. 1847425 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including a domestic water system in accordance with plans and specifications approved by the Walnut Valley Water District and the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Sixty -Six Thousand Dollars, ($66,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 184742S It is hereby. expressly stipulated and agreed that this bond shall inure to the benefit of any and all .persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL. PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184740S PRExM: $702.00 SUBDIVISION MAP ACT -111E U14 FDR CONTRACTRM �A� ;S SUBJECT 70 ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND RECLAIMED WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a reclaimed water system in accordance with plans and specifications approved by Walnut Valley Water District. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Thirty -Nine Thousand Dollars, ($39,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. i m74nS As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MAN�1'[' Co., TTS GENERAL PARTNER Gregory V. Delgado ,,P%odent Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY Ott,, by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (RECLAIMED WATER SYSTEM) Bond No. 184740S PRFIQDM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including a reclaimed water system in accordance with plans and specifications approved by the Walnut Valley Water District and the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Nineteen Thousand, Five Hundred Dollars, ($19,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 1847405 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: Oc.��3fQ 3 /995 "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., rrs GENERAL PARTNER Gregory C. Delgado,,JVsident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 18474x. PREMIUM: $3,330.00 PRE/�FOFONT9RCTTERM SUBDIVISION MAP ACT ANDWBCTOaDJUs*tENrT ?ASET1 ON FIML CGNTPA:.T i a ICc FAITHFUL PERFORMANCE BOND LANDSCAPE & IRRIGATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete landscaping and irrigation in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Eighty -Five Thousand Dollars, ($185,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847415 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by - City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ns GENERAL PARTNER Gregory L.)5elgado, Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY �����•-�1stti.Ji �., by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (LANDSCAPE &IRRIGATION) Bond No. 1847415 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including landscaping and irrigation in accordance with approved plans, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Ninety -Two Thousand, Five Hundred Dollars, ($92,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 1847415 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: 3, "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RmGE EAST AGE Co., ITS GENERAL PARTNER Gregory Delgad resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184745C PREMIUM: $50.00 SUBDIVISION MAP ACT �"ISFORCONTRACTTERM SMECT TO PRICE NT FAITHFUL PERFORMANCE BOND 8A$ED�ONFINAL CONTRACT M ONUMENTATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision .Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to set monuments establishing property boundaries in accordance with the approved, final map. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Two Thousand Dollars, ($2,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond NO. 184745C It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: z2,,I aye 7. 1>4 � - "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DL4MOND RIDGE EAST MNiAGENEAT Co., ITS GENERAL PARTNER Gregory LI/Delgado,_,Pipident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184745C PREMIUM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (MONUMENTATION) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including the setting of monuments in accordance with the final map approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Thousand Dollars, ($1,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 184745C As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST ";N GEM)i�I Co., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY Qg by ALBERT E. HART, ATTORNEY-IN-FACT RECORDING REQUESTED BY Diamond Bar East Partners AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: City of Diamond Bar 21660 East Copley Drive, Ste. 190 Diamond Bar, CA 91765 Attn: City Engineer L SPACE ABOVE THIS LINE FOR RECORDER'S USE Title Order No. 01330609 Escrow or Loan No. GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S 0.00 CITY TAX S ® computed on full value of property conveyed. or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, ❑ Unincorporated area O City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to THE CITY OF DIAMOND BAR AN EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, OVER the following described real property in the County of Los Angeles, State of California All as more particularly described in Exhibit A attached hereto, consisting of two (2) sheets. by Dated October 3, 1995 STATE OF CALIFORNIAi t SS. COUNTY OF LLS R ni leS �+( On Oct3.7 before me, P3 ��rtOR'.I , _ M t-aru P. b r c' personally appeared i 1- Tl ' 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 signoture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my ttan¢.gW Wfi¢ial seal: Diamond Bar East Partners, a California Limited Partnership Diamond RidgeEa t M agement Co., i eneral P to G gor De g esident Kurt Nelson, Secret ry PATTY GAA1/EY 'o COMM, ♦ 1=728 Z ..� Notary I'Lo is — CoSfl a LOS ANGELES COUNTY MY Comm. Expires AUG 22, 1997 Signature r (This area for 0MC,01 nctar-a' seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE. ffiIBIT "A" EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES BEING THAT PORTION OF LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS RECORDED IN BOOK 1207 PAGES 47 TO 56 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN WESTERLY LINE OF SAID LOT 41, SHOWN AS N. 22°49136" W., 107.24 FEET; THENCE SOUTHERLY ALONG SAID LINE S. 22049136" E., 82.43 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 45.00 FEET; THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°52128" AN ARC DISTANCE OF 103.57 FEET; THENCE N. 45013147" W., 24.71 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 41, SAID POINT BEING N. 67010124" E., 47.18 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE S. 67010124" W., 47.18 FEET THE POINT OF BEGINNING. SKETCH TO ACCOMPANY LEGAL DESCRIPTION NOTE THIS SKETCH IS NOT A LEGAL DESCRIPTION AND IS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION THAT THIS SKETCH ACCOMPANIES. 30 'o -r 114.2Q�� `` OG 0� �1 v r. • r, r, • r. !. r- 1 . I . r. NNe �'�, R=45.00' M/ /\ h! 1 ►• 1 IV1 /\ F/ L=103aT W // Y/ 141 F< ►a 1 aA 1 \ T I A 1 �/ ;• It ;l 1 EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES 3 RECORDING REQUESTED BY r Diamond Bar Associates AND WHEN RECORDED MAIL THIS DEED .AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: City of Diamond Bar 21660 East Cople Drive, Ste. 190 Diamond Bar, CA 91765 Attn: Engineering Dept. L PACE ABOVE THIS LINE FOR RECORDER'S USE Title order Nc. / 3 117 7 y Escrow or Locrn No. GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S — CITY TAX S ❑ computed on full value of property conveyed. or ❑ computed on full value less value of liens or encumbrances rer-zining at time of sc!e. ❑ Unincorporated area: O CitY of and FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. Edmund X. Liu and Julia Tang hereby GRANT(S) to The City of Diamond Bar An Easement for Public Utilities and Public Services over, in and through the following described real property in the County of LOS ANGELES State of CaVornia THE EASTERLY AND NORTHEASTERLY 30.00 FEET OF PARCEL 4 OF PARCEL SLAP NO. 1528, IN THE CITY OF DIAAIOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FILED IN PARCEL MAP BOOK 26, PAGE 19 OF PARCEL 1 -LAPS, RECORDS OF SAID COUNTY. ALL AS SHOWN ON ATTACHED EXHIBIT A, CONSISTING OF ONE SHEET. Dated March 14 199 STATE OF CAL=ORNIA COUNTY OF On personc!ly con -eared before me. I SS. personoily krc vn to me (or proved 'c -e on -ne basis of satisractory evidence) 'c ce the person(s) whose nome(s) Is; are subscribed to the within ns'ru!--entondocknowledgec'oMetncrne/she/they executed the some :n rs/her/their authorized cc,C t .( es). and that by his/her/ tneir srgrature;s) on the instrument tie person(s). or the entity upon benalf Of vvr, cn the perscn(s) acted. executer the instrument. WITNESS m/ r;nd and otticiel seal Signature Edmund M. L- Julia Ta' by Edmund1. Liu,. her Att y -in -Fact ( Tn:s Clea !cr C -- ALL viN PACE ABOVE THIS LINE FOR RECORDER'S USE Title order Nc. / 3 117 7 y Escrow or Locrn No. GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S — CITY TAX S ❑ computed on full value of property conveyed. or ❑ computed on full value less value of liens or encumbrances rer-zining at time of sc!e. ❑ Unincorporated area: O CitY of and FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. Edmund X. Liu and Julia Tang hereby GRANT(S) to The City of Diamond Bar An Easement for Public Utilities and Public Services over, in and through the following described real property in the County of LOS ANGELES State of CaVornia THE EASTERLY AND NORTHEASTERLY 30.00 FEET OF PARCEL 4 OF PARCEL SLAP NO. 1528, IN THE CITY OF DIAAIOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FILED IN PARCEL MAP BOOK 26, PAGE 19 OF PARCEL 1 -LAPS, RECORDS OF SAID COUNTY. ALL AS SHOWN ON ATTACHED EXHIBIT A, CONSISTING OF ONE SHEET. Dated March 14 199 STATE OF CAL=ORNIA COUNTY OF On personc!ly con -eared before me. I SS. personoily krc vn to me (or proved 'c -e on -ne basis of satisractory evidence) 'c ce the person(s) whose nome(s) Is; are subscribed to the within ns'ru!--entondocknowledgec'oMetncrne/she/they executed the some :n rs/her/their authorized cc,C t .( es). and that by his/her/ tneir srgrature;s) on the instrument tie person(s). or the entity upon benalf Of vvr, cn the perscn(s) acted. executer the instrument. WITNESS m/ r;nd and otticiel seal Signature Edmund M. L- Julia Ta' by Edmund1. Liu,. her Att y -in -Fact ( Tn:s Clea !cr C -- SKETCH TO ACCOMPANY LEGAL DESCRIPTION i1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'J State of (ilLfl (� County of 5 F IPS OnAbefore me, PftttQ1' y DATE I NAME. TITLE 040FICER - E.G.. -JANJ DOE. NOTARY PUBUC_ No. 5967 personally appeared �_d mo ld U(j Nod AS ro )iPfnf fiffllkl. +a( ,1yti . i a 9` NAME(S1 OF SIGNER(S) ❑ personally known to me - OR - d proved to me on the basis of satisfactory evidence to be the persoa(Wwhose name; <is� subscribed to the within instrument and ac- knowledged to me that he/sheA -hey executed the same in his/ uthorized capacityaesj,-and that by hisAter�t - signatureLs),-6 the instrument the person(s), PATTY GARVEY I'i: COMM.#1002728 > or the entity upon behalf of which the :���'y'� •JOtofyPLIbIIC—Cc5trxrva personcted, executed the instrument. � „�% LCS ANGELES COUNN Comm. Expires AUG 22.1097 WITNESS my hand and official seal. OPl Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIT EJS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME C= °9.;SON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Bax 7184 - Canoga Park CA 91309.7 184 Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data. A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to 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 herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDMDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. 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 the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider- shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. 2 F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraph, B above. The City Council shall act upon the City Engineer's recommendation within Jbirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. �! • A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Administrator. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Administrator, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. In u � • I 940V Ma OWAIJ 3V�!'1 A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 %) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to fifty percent (50%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by 5 subparagraph A above, for one hundred percent 100% of the revised Estimated Total Cost of the Improvements. A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Securijy for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, 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 settlement or release of all claims and obligations for which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or �� person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, gt 5kq.) asserted by the City, or its officers, agents or employees, is determined by a 7 court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. • • �L�!_ I_ II • IU I ' • Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; M. ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs 0 and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 10 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: C & A Developers, Attn: Kurt Nelson 3480 Torrance Blvd., Ste. 300 Torrance, CA 90503 Notice shall be effective on the date that it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 11 )ZI 90) 964181 1.1 Q Llrj C-1 RMN 10 CON W411121102-00411 i The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. This Agreement shall be governed by laws of the State of California. 55 v EING 913 1*600 1V WT'(0001:1 &Iy� j This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP Diamond Bar East Partners, a California Limited Partnership, General Partner by: Diamond Ridge East Management Company, a California Corporatio its General PartneAly— Gregdy 2 Delga , President Kurt Nelson, Secretary Date: 4-d 7 - 9,5' "CITY"- THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION BY: Date: (Title) 12 Attest By City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of No. 5907 County of UME I P S On /before me, Pa I l5 (� e DATE i NAME, TITLE OF OFFI ER - E.G.. -JANE DOE. NOTARY PUBLIC - personally appeared A U J P /1 4 �_ NAME(S) OF SIGNER(S) Imo"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 ac- knowledged 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 PATTY GARVEY Z :: ; : COMM # too2r�e Z person(s) acted, executed the instrument. z n Notary Public — CoSfomio D LOS ANGELES COUNTY MY Comm. Expires AUG 22,1997 WITNESS my hand and official seal. P" SIGNA URE OF N ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 91993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7184 f CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 48487 ("Final Map" herein) Tract No. 48487 "Subdivision" herein. Subdivider: C & A Developers, a California Limited Partnership Subdivider Address: 3480 Torrance Blvd., Ste. 300 Torrance, CA 90503 Attention: Kurt Nelson CITY COUNCIL RESOLUTION OF APPROVAL NO. ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: GRADING - $630,000.00 SEWER, STORM DRAINS, STREETS - $602,000.00 DOMESTIC WATER SYSTEM - $132,000.00 RECLAIMED WATER SYSTEM - $ 39,000.00 LANDSCAPE & IRRIGATION - $185,000.00 MONUMENTATION - $ 2,000.00 FORM OF IMPROVEMENT SECURITY: CORPORATE SURETY BONDS NAME & ADDRESS OF CORPORATE SURETY: DEVELOPERS INSURANCE COMPANY 3466 MT. DIABLO BLVD. STE. 104 LAFAYETTE, CA 94549 SURETY BOND NUMBERS: EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPROVEMENT WORK: 180 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD: 24 MONTHS AFTER EFFECTIVE DATE OF AGREEMENT 13 SCHEDULE A TRAcr MAP No. 48487 GRADING PLANS FOR TRACT NO. 48487 (4) SHEETS, PREPARED BY PFEILER AND ASSOCIATES, UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 15,1995, AND APPROVED JULY 19,1995. STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 48487 (3 SHEETS) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 17, 1995, AND APPROVED JULY 19, 1995. STREET IMPROVEMENT PLANS FOR TRACT No. 48487 (3 SHEETS) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. NO. 29517, DATED JUNE 5, 1995 AND APPROVED JULY 19, 1995. SANITARY SEWER PLANS, P.C. NO. 94-002 FOR TRACT 48487 (4 SHEETS/2 PAGES) PREPARED BY PFEILER AND ASSOCIATES UNDER SUPERVISION OF LYNN JAMES MUTCH, R.C.E. N0.29517, DATED AND APPROVED JULY 19, 1995. DOMESTIC WATER DISTRIBUTION SYSTEM IMPROVEMENT PLANS PREPARED BY WALNUT VALLEY WATER DISTRICT, UNDER SUPERVISION OF W.E. INGALSBE, R.C.E. No. 10244, DATED SEPTEMBER 2, 1994 AND APPROVED MARCH 3, 1995. PLANTING AND IRRIGATION PLAN PREPARED BY CRAIG WEBER & ASSOCIATES, DATED AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED BY THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. 14 Tri -Party Agreement Tract 48487 Domestic Water System This Agreement is entered into this day of October, 1995, by and between the City of Diamond Bar, a Municipal Corporation ("City"), Walnut Valley Water District ("District"), and C&A Developers, a California Limited Partnership ("Subdivider"), concerning that certain subdivision known as Vesting Tentative Tract No. 48487, being District Work Order 92-2093 ("Subdivision"), and the Domestic Water Distribution System ("Domestic Water System") required as a condition of Subdivision's recording and development. RECITALS I. Subdivider has entered into a Subdivision Agreement with City, concerning Subdivision improvements, the terms of which provide that: a) Subdivider shall cause to be constructed a Domestic Water System according to plans and specifications prepared by District, and; b) the completion of said Domestic Water System shall be guaranteed to City through Subdivider's providing surety bonds or other instruments of guarantee in amount and type sufficient to enable City to complete said improvements in the event of Subdivider's default. II. District policy requires that District shall design and construct said Domestic Water System, and District has prepared an estimate based upon its plans and specifications which project a cost of: $ 22,200.00 for "indirect costs" (engineering, administration, costs, capacity charges, etc.); $ 62,000.00 for labor, and; $47,800.00 for materials, being a total estimate of $132,000.00 for completion of the improvements. III. At such time as Subdivider is prepared to commence construction of Subdivision improvements, Subdivider shall pay to District the $22,200.00 set forth above as being attributable to "indirect costs," and District shall obtain final bids for all labor and materials for completion of the Domestic Water System. District shall then submit invoices to the Developer for immediate payment, reflecting the actual costs for labor and materials necessary to complete the Domestic Water System. At such time as Subdivider pays said invoices for the cost of labor and materials, District will award the contracts and commence construction of the Domestic Water System for the Subdivision. IV. In order that Vesting Tentative Tract Map No. 48487 may now be recorded prior to payment of the "indirect costs" to the District, and prior to District's obtaining of bids for labor and material costs of improvement, Subdivider wishes to provide sufficient guarantees of payment and completion to City, and City desires that such surety instruments be provided in an amount sufficient that it might cause completion of all improvements in the event of Subdivider's default. Now Therefore, the Parties agree as follows: A. Subdivider shall provide and City shall accept a surety bond (from a licensed Surety, admitted in California and acceptable to City) guaranteeing completion of the Domestic Water System, in the amount of $165,000.00, such amount being the full estimate by District of $132,000.00, plus a twenty-five percent contingency factor. B. District and Subdivider agree that in the event of Subdivider's default by failure to cause the Domestic Water System to be completed in accordance with the terms of the Subdivision Agreement, then City shall have the benefit of any payments made to the District toward such completion, and District shall, upon City's direction, cause the improvements to be completed, subject only to payment of the remaining costs thereof. C. Subdivider agrees that in the event that District's accepted bid for labor and material costs should exceed the projection by more than the extra twenty-five percent provided for herein, Subdivider shall either promptly pay such overage, or deliver to City an additional bond or other acceptable surety instrument sufficient to guarantee full completion. In Witness Whereof, the parties have executed this agreement upon the date and year first written above. (See Signature Page attached hereto) C & A Developers, a California Limited Partnership By: Diamond Bar East Partners, a California Limited Partnership, General Partner By: Diamond Ridge East Management Co., a California Corporation "� " Z , Gregor-Delgado,UPro4ident Kurt Nelson, S City of Diamond Bar, a Municipal Corporation LO Mayor Attest By: , City Clerk Walnut Valley Water District By: A�---- BryanLewis,' Director of Planning & Projects 8/31/95 VESTING TENTATIVE TRACT NO. 48487 4 Rev 10/10 CONDITION COMMENTS STATUS (b) FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, Water plans prepared and Condition fire hydrants, and fire flows as approved by WVWD (3/3/95). satisfied required by Fire Department and Fire Code. 2. Emergency secondary access shall Secondary access applies N/A be provided in accordance with Fire only to Vesting Tentative Protection District Standards and Tract 47350 per J. approved by the City Engineer. DeStefano memo. 3. Fire Department access s a 1 be —Compliance reviewed with NIA at extended to within 150 feet distance Site Development Plans. time of of any portion of structure to be Map built. approval 4. Access shall comply with Section Compliance reviewed with N/A at 10.207 of the Fire code (all weather Site Development Plans. time of access). Street must be paved prior Map to lumber drop. approval 5. Driveways shall include, as Compliance reviewed with N/A at necessary, turnarounds suitable for Site Development Plans. time of fire protection equipment use and Map shown on the final map. Turnarounds approval shall be designed, constructed and maintained to insure their integrity for Fire Department use. 6. All required fire hydrants shall Plans approved by WVT7D; N/A at be installed, tested and accepted construction guaranteed in time of prior to construction of on-site subdivision agreement Map improvements. Vehicular access must (secured by surety bond). approval be provided and maintained serviceable throughout construction. 7. All hydrants shall be brass or Water plans approved by Condition bronze and conform to current AWWA WVWD. Compliance for satisfied standard C503 or approved clearance and fire wall equal. All hydrants shall be protection reviewed with installed a minimum of 25' from a Site Development Plans. structure or protected by a two (2) hour fire wall. (C) ENGINEERING REQUIREMENTS: 1. All easements existing prior to Noted. See Stewart Title Condition final map approval must be Co Preliminary subdivision satisfied identified. If an easement is Report (dated 8/23/95); blanket or indeterminate in nature, a see map. statement to that effect must be shown on the final map in lieu of its location. 2. A title report/guarantee-showing- Noted. see Stewart Title Condition all fee owners and interest holders Co Preliminary Subdivision satisfied must be submitted when a final map is Report (updated 10/10/95); submitted for plan check. The see map. account shall remain open until the Page 1 CONDITION COMMENTS STATUS iinal map is filed with the County Recorder. An updated title report/ guarantee must be submitted ten (10) working days prior to final map approval. Cost estimates approved Condition 3. Applicant shall submit to the City Engineer the total cost estimate for grading, streets, satisfied for bonding purposes of all public sewer, storm drain, improvements, prior to approval of reclaimed water and water the final map. (approved by WVWD). 4. Applicant shall submit recorded See TADCO agreement which Condition documents indicating the project will guarantees access to this satisfied have proper/adequate right -of -entry property. to the subject site from "The Country". 5. The tract shall be annexed to Property is now in LMD 38; Condition Landscape Maintenance District 38. upon recordation of map LA satisfied Co Assessor will recognize new parcels ($15/Parcel/Yr). 6. New centerline ties shall be Also, required in City Condition submitted to the City Engineer for subdivision code and satisfied approval in accordance with city guaranteed in subdivision Standards, prior to issuance of agreement (secured by building permits. bond) 7. New boundary monuments shall be Boundary monumented i.a.w. Condition set in accordance with the State Map Act. All monuments satisfied Subdivision Map Act and subject to "to be set" are assured to approval by the City Engineer. be set by statement of surveyor on map, state law and are guaranteed in subdivision agreement (secured by bond). See map 8. If any required public See subdivision agreement. Condition improvements have not been completed satisfied by Applicant and accepted by the City prior to the approval of the final map, Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 9. All site grading, landscaping, Grading approved 7/19/95 Condition irrigation, street improvement, sewer L/S&I suhstatially satisfied and storm drain improvement plans approved week of 9/25/95 shall be approved by the City ST approved 7/19/95 Engineer prior to final map approval. S/S approved 7/19/95 S/D approved 7/19/95 10. Street names shall be su muted Name approved as shown on Condition for City review and approval prior to final map. satisfied approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be Noted. N/A at approved by the City Engineer prior time of to issuance of building permits. Map age 2 CONDITION COMMENTS STATUS approval 12. The detail drawings and Noted. N/A at construction notes shown on the time of submitted plans are conceptual only Map and the approval of this map does not approval constitute approval of said notes. 13. Lot line adjustment between LLA recorded 10/20/93, Condition Tracts 47851 and 48487 shall be Inst. No. 93-2044263. satisfied approved prior to recordation of the final map. 14. Grading of the subject property Noted; grading plans Condition shall be in accordance with the approved. satisfied Uniform Building Code, City Grading Ordinance 14, (1990) and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be Portions Lots 1 - 15 are Condition completely removed prior to fill shown as "restricted use satisfied placement as required by the final area" and building rights geotechnical report. are dedicated on map; (i.a.w. Cond 19. See mac. 16. At the time of submittal of the— Report prepared by condition 40 -scale grading plan for plan check, Harrington Geotechnical satisfied a detailed soils and geology report Engineering, Inc. (Don P. shall be submitted to the City Harrington, PE and J. Engineer for approval and said report Stanley Schweitzer, RGE); shall be prepared by a qualified Report & cummulative engineer and/or geologist licensed by review responses through the State of California. The report 5/26/95 approved by City shall address, but not be limited to, 6/2/95. the following: (a) Stability analyses of daylight Noted; report approved. condition shear keys with a 1:1 projection from Exception re: Lot 19 satisfied daylight to slide plane (except lot refers to Tr 47851 19 which shall be 1.5:1) shall be used in design, projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical Portions of Lots 1 - 15 Condition constraints (i.e., landslides, shear are shown as "restricted satisfied key locations, etc.) shall be use areas" on map. delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall Noted; Report approved. Condition be designed for a "worst case" satisfied geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial r Noted; Grading P ans lCondition Page 3 Ok V iV COMMENTS STATUS gracing into natural areas shall be approved. See plan. satisfied clearly defined on the grading plans. (e) Areas of potential for debris Noted; Grading plans condition flow shall be defined and proper approved. satisfied remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill Noted; Report approved. Condition slopes shall be analyzed as part of satisfied geotechnical report, including remedial fill that replaces natural slope. (g) Stability of all proposed slopes Noted; Report approved. Condition shall be confirmed by analysis as satisfied approved by the City Engineer. (h) All geologic data including Noted; Report approved. Condition landslides and exploratory satisfied excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. 17. Grading plans shall be prepared Noted; Grading Plans Condition in a 24"X36" format and designed in approved. see plan. satisfied compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 18. Grading plan(s) must be signed Plans signed & stamped by Condition and stamped by registered J. Stanley Schweitzer, RGE satisfied Geotechnical Engineer and registered and Jim Evans, REG Geologist. 19. All identified geologic hazards Portions of Lots 1 - 15 Condition within the Tentative Tract boundaries are shown as "restricted satisfied which cannot be eliminated as use area"; Right to approved by the City Engineer shall prohibit building is be indicated on the final map as dedicated (See owner's "Restricted Use Area". The statement,sheet 1) subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 20. Surety shall be posted and an Surety Bond Tor grading Condition agreement executed guaranteeing includes costs for satisfied completion of all drainage facilities dewatering. necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 21. Easements for disposal of Applicable areas shown on Con i ion drainage water onto or over adjacent final map as "easement for satisfied parcels shall be delineated and shown slope and drainage on the final map as approved by the maintenance purposes to be City Engineer. reserved in documents" (to Page 4 CONDITION COMMENTS STATUS Page 5 H.O.A.) N/A at 22. All drainage improvements Noted; Grading Plans necessary for dewatering and approved. time of protecting the subdivided properties Map shall be installed prior to issuance approval of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 23. All slope banks in excess of Noted; Grading Plans Condition five (5) feet in vertical height (approved 7/19/95) and satisfied shall be seeded with native grasses Landscaping Plans or planted with ground cover, shrubs, substantailly approved and trees for erosion control upon week of 9/25/95; completion of grading or some other Landscaping and irrigation alternative method of erosion control construction guaranteed in shall be completed to the subdivision agreement satisfaction of the City Engineer and (secured by surety bond). a permanent irrigation system shall be installed. 24. Street improvement plans In a Street plans (approved condition 24"X36" sheet format, prepared by a 7/19/95); construction satisfied registered Civil Engineer, shall be guaranteed in subdivision submitted to and approved by the city agreement (secured by Engineer. Security shall be posted surety bond) and an agreement executed guaranteeing completion of the public and/ or private street improvements, prior to final map approval. 25. Prior to any work being Noted. N/A at performed in public right-of-way, time of fees shall be paid and a construction Map permit shall be obtained from the approval City Engineer's Office in addition to any other permits required. 26. No street shall exceed a maximum Noted; street plan Condition slope of 12%. approved. satisfied 27. Construct base and pavement on Noted; Shown on street and Condition all streets, access road to pump grading plans. Report & satisfied station, and the emergency access Plans approved. Pump road to southerly property line in station constructed with accordance with City approved soils Tract 47851. Emergency report and approved by the City access applicable to Engineer. vehicular access must be proposed Tract 47850 only provided to all "Urban Pollutant (see Condition b.2) Basins" and the pump station with a minimum width of 151, with 12' of pavement and with a maximum slope no greater than 20%. 28. Prior to approval of the final Paid 9118/95, receipt condition map, the Applicant shall contribute X23055 satisfied $2,250.00 toward the construction of sidewalks along the east side of Diamond Bar Boulevard across from the Country Hills shopping Center. 29. The Applicant shall provide an LiAppiicabie on y to Tract J N/A Page 5 CONDITION I COMMENTS STATUS irrevocable offer to dedicate an easement for a 60 -foot wide roadway along and straddling the centerline extension of Windmill Drive at the southerly property line of Lot 12 of Tract no. 48487 (northerly property line of the remainder parcel of Tract No. 47851) to the southerly property line of the remainder parcel of Tract No. 47851; except that the northerly 107' of said easement shall be 30 feet wide. 30. A final drainage study and final drainage plans in a 24"X36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards. 47851. Additional dedication required for cul-de-sac; see related but separate action to reject offer of street dedication and acceptance of public services easement. oted. Hydrology study, ydraulic calculations, rading plan and storm rain plan approved. Condition satisfied 31. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist. Noted N/A at time of Map approval. 32. Prior to finalization of any Noted. Site development to N/A development phase, sufficient be completed in one phase. Map drainage'improvements shall be required prior to issuance approval. completed beyond the phase boundaries of grading permit. Grading to assure secondary access and plan approved. drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. Noted; STS plans approved Condition 33. Prior to placement of any Noted. COE 404 Permit, DFG N/A at dredged or fill material into any 1603 Agreement & SWRCG 401 time of U.S.G.S. blue line stream bed, a 404 Certification will be Map permit shall be obtained from the required prior to issuance approval. Army Corps of Engineers and an of grading permit. Grading agreement with the California plan approved. Department of Fish and Game shall be obtained and submitted to the City Engineer. 34. Each dwelling unit shall be Noted; STS plans approved Condition served by a separate sewer lateral by City Engineer(7/19/95), satisfied which shall not cross any other lot LACDPW(8/28/95) and lines. The sanitary sewer system LACSD(9/19/95) serving the tract shall be connected to the City sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. e Applicant shall obtain IIConnection permits are lCondition satisfied Page 6 CONDITION COMMENTS STATUS connection permit(s) from the City granted only prior to and County sanitation District. The issuance of building subdivision shall be annexed into the permit. Application made County Consolidated Sewer Maintenance and fee paid to annex to District and appropriate easements LACCSMD. S/S easements for all sewer main and trunk lines are shown on map and and pump station must be offered for offered (See Owner's dedication and accepted by the County Statement, sheet 1). Note of Los Angeles Public Works that annexation only Department, prior to approval of the proceeds upon recordation final map. of map and easements are offered appropriately to the City, not the County. Condition 36. The Applicant, at Applicant's S S plans approved; sole cost and expense, shall construction guaranteed in satisfied construct the sewer system and subdivision agreement pump station in accordance with the (secured by surety bond). City, Los Angeles County Public Works Department and County Sanitation District Standards. 37. Traffic improvement plans Noted; Necessary traffic Condition prepared by a registered Traffic improvements shown on satisfied Engineer in a 24'x36" sheet format street plans; street plans shall be submitted to and approved by approved; construction the City Engineer. Security shall be guaranteed in subdivision posted and agreement executed agreement (secured by guaranteeing completion of surety bond). improvements prior to final map approval. 38. Intersection line of sight Noted; Street plans Condition designs shall be submitted to the approved. satisfied City Engineer for approval. 39. The Applicant shall prepare Noted; Necessary striping Condition traffic control signing and striping improvements shown on satisfied plans in accordance with requirements street plans; street plans of the State of California Traffic approved. Manual prior to approval of final map. 40. A separate right -turn lane shall Work completed; fee in- condition be striped and appropriate signs lieu paid and accepted satisfied installed in the northbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Shadow Canyon Drive to the satisfaction of the City Engineer. 41. A separate right -turn lane shall Work completed; fee in- Condition be striped and appropriate signs lieu paid and accepted satisfied installed in the southbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Pathfinder Road to the approval of the City Engineer. 42. An additional left -turn lane work o be includeT-777= condition shall be striped and appropriate Diamond Bar Blvd/Brea satisfied signs installed in the southbound Canyon Intersection direction at the intersection of improvement; Fee in -lieu Diamond Bar Boulevard and Brea Canyon paid and accepted prior to Road to the Approval of the City the recordation of Tr Paste 7 CONDITION COMMENTS STATUS Engineer. 47851. Condition 43. A stop sign shall be installed Work completed; fee at the intersection of Wagon Train lieu paid and accepted satisfied Lane and Steeplechase Lane. The stop prior to the recordation sign shall be installed on Wagon of Tr 47851. Train along with fifty feet of double yellow striping, Type D pavement markers, stop legend and limit line. 44. Stop signs shall be installed at Shown on street plans Condition the intersection of Windmill Dr and approved. satisfied Wagon Train Lane, subject to approval of the City Engineer. 45. The Applicant shallcontra ute Fee paid, Receipt #23055 Condition $7,500 toward the installation of a satisfied traffic signal at intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of the final map. 46. Provide separate underground Public utility and public Condition utility services to each parcel, services easements are satisfied including water, gas, electric power, provided in all private telephone, and cable TV, in streets and dedicated (see accordance with the respective Owners Statement, map utility company standards. Easements sheet sheet 1). See map. shall be provided as required by utility companies and approved by the City Engineer. 47. Applicant shall relocate No existing facilities Condition existing utilities as necessary. identified as necessary to satisfied be relocated. 48. Prior to submittal of the final Will serve from WVWD, SCE, Condition map, written certifications from SCG, GTE, and Jones CATV satisfied Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 49. Applicant shall install main and Reclaimed water plans not Condition service lines capable of delivery of approved; however, design satisfied reclaimed water to all portions of and construction the Tract and the system shall be guaranteed in subdivision designed to permit "switch over" of agreement (secured by nondomestic services on each lot at surety bond) time of availability of reclaimed water, all to the satisfaction of the City Engineer. (D) COMMUNITY DEVELOPMENT DEPARTMENT 1. Applicant shall pay the required Paid (receipt no. 023560) Condition park in -lieu fee prior to the satisfied recordation of the final map. 2. Conditions, covenants, and Noted; CC&P1s approved. Condition restrictions (CC&R's) shall be satisfied provided to the Community Development Page 8 CONDITION Director for review and approval prior to recordation of the final map. The CC&R's shall include, but no be limited to, provisions requiring disputes involving interpretation or application of the CC&R's to be referred to a neutral third party mediation service with the cost thereof to be borne by the prevailing party, provide a maintenance program for "Urban Pollutant Basins", prelude construction or installation of barriers within wildlife movement corridors as required by the SEATAC Report dated April 8, 1991, and shall substantially comply with the CC&R's applicable to "The Country". Said CC&R's shall record concurrently withi the final map or prior to the issuance of any building permit for or sale of any parcel. 3. The site shall e developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the City Council, as revised by these conditions of approval. 4. The mitigation monitoring program dated May 29, 1992, and approved by the City Council shall be implemented and rigorously complied with. Applicant shall deposit, and maintain, with the City a fund in such amounts as required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:OO p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use COMMENTS STATUS Noted. Condition satisfied Noted; Compliance N/A at monitored during time of construction. Costs Map estimated and fee payed approval. prior to issuance of any permits N/A at time of Map approval age 9 COTS STAIL b CONDITION of reclaimed water shall be used whenever possible. 6. All lot sha 1 be redesigne to provide a minimum pad size of 10,000 squuare feet. All other lots shall maintain a minimum lot/ street frontage of 125 feet. 7. A detailed landscape slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review approval prior to approval of the final map. Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. 8. All down drains and drainage channels shall be constructed in muted earth tones so as to.not impart adverse visual impacts. 9. All oak trees and walnut trees to be replaced shall be replaced at the ratios and locations specified in, EIR 91-2. 10. Existing trees required to be preserved in placed shall be protected with a construction barrier in accordance with the Los Angeles County Code, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 11. Applicant shall contribute $2,500. as its pro rata share for the Ecological Concept Study for Tonner Canyon and SEA No. 15. 12. Applicant shall pay development fees (including, but not limited to, planning, building, and school fees) at the established rates prior to issuance of building permits. 13. Applicant shaii prepare, c+iiu submit to the Director of Community Development for approval prior to the sale of the first lot of the subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and Pad sizes verified on Condition grading plan. See grading satisfied Dlan. Noted; Subdivision L/S conaiziun plan substantially satisfied approved week of 9/25/95; construction guaranteed in subdivision agreement (secured by surety bond). Noted; sh=Tan); g Condition plan (Omasatisfied approved. Noted; L s plan Condition substantially approved satisfied week of 9/25/95. Noted; L/S plan substantially approved satisfied week of 9/25/95 and grading plans approved 7/19/95. aid 9 18 95, Receipt Condition 22728 I satisfied voted. Fees due prior to N/A at issuance of building time of permits. Map approval. A e . Due prior to sale f first lot. time of Map approval Page 10 walnt tree preservation issues, the exisence and constraints pertaining to SEA no. 15 and Tonner Canyon, explanatory information pertaining to restrictions on use of properties as necessary and similiar related matters. Applicant shall institute a program toinclude delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of the Applicant a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained in the "Buyer Awareness Package". Applicant shall incorporate within the CC&Rs a reference to the availiability of the "Buyer Awareness Package" and the fact that a copy thereof is on file in the office of the City Clerk of the city of Diamond Bar. (a) GENERAL REQUIREMENTS 1. This approval of Vesting Tentative Tract Map No. 48487 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an affidavit of Acceptance and accepts all conditions of approval. 2. All requirements of tnis resolution, the applicable zoning District, the City Codes, City departmental policies, rules and regulations of any local agency with jurisdiction thereof shall be complied with by the applicant OTHER: f idavit filed. Dted; All that are pplicable prior to pproval of map have been omplied with. STATUS condition satisfied Condition satisfied Page 11 Bond No. 1847435 PREMIUM: $11,340_00 SUBDIVISION MAP ACT pREWWISFORTOANUSTTERM At1D IB BtJB�ECT TO ADJUSTMENT BASEDON FWAL CONTRACT PAIGE FAITHFUL PERFORMANCE BOND GRADING KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete project grading in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Thirty Thousand Dollars, ($630,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847435 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND. BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER b y DIAMOND RIDGE EAST MANAGEMENT CO., TTS GENERAL PARTNER Gregory L. Delgad'o, esldent Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (GRADING) Bond No. 184743S PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including grading in accordance with plans approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and Fifteen Thousand Dollars, ($315,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. -184743S the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT Co., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY C�.�a; by ALBERT E. HART, ATTORNEY-IN-FACT r. Bond No. 184744S pRaauM: $10,836.00 iftE1" 0 FUR CONTRACT TERM SUBDIVISION MAP ACTUSTMCNT pNFMUILT��RACTPRICE FAITHFUL PERFORMANCE BOND SEWER, STORM DRAINS, STREETS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete sewers, storm drains and street improvements in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Two Thousand Dollars, ($602,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. I Bond No. 1847445 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL- PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184744S PREMIUK INCLUDED IN SUBDIVISION MAP ACT PERFORNMCE BOND PAYMENT BOND SEWERS, STREETS, STORM DRAINS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain. designated public improvements, including sewers, streets and storm drains, in accordance with plans approved by the City Engineer, which said agreement, dated October 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and One Thousand Dollars, ($301,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. 1847445 the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., rrs GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847425 PREH M: $2,376.00 PAO" 19 FOR CONTRACT TERM SUBDIVISION MAP ACT AW ISJB' CT TOADJUTMENT FAITHFUL PERFORMANCE BOND BASED F PRCE DOMESTIC WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a domestic water system in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Thirty -Two Thousand Dollars, ($132,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 184742S As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,. alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: �� aai �, /94S "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL- PARTNER w Gregory,g. Delgado., e ident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (DOMESTIC WATER SYSTEM) Bond No. 1847425 PREHIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including a domestic water system in accordance with plans and specifications approved by the Walnut Valley Water District and the City Engineer, which said agreement, dated October 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Sixty -Six Thousand Dollars, ($66,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 1847425 It is hereby. expressly stipulated and agreed that this bond shall inure to the benefit of any and all .persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT Co., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY a - by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847405 PREKI M: $702.00 ?REMPJM IS FOR CONTRACT TERM SUBDIVISION MAP ACT BASED ON CONTRACTFINALRiCF FAITHFUL PERFORMANCE BOND RECLAIMED WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a reclaimed water system in accordance with plans and specifications approved by Walnut Valley Water District. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Thirty -Nine Thousand Dollars, ($39,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. IR67405 As part of the obligation secured hereby be included addition costs and amount specified therefor, there shall expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: / 99S' "Principal" C _8L A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST KLAN j� Co., ITS GENERAL PARTNER Gregory Delgado Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY Q��L,-+t V W,+ by ALBERT E. HART, ATTORNEY-IN-FAGT Bond No. 1847405 It is hereby expressly stipulated and agreed that this bond shall inure to' the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847415 PREMIUM: $3,330.00 SUBDIVISION MAP ACTp M LSFORCONTgACTTERM ECT TO ADJUSTMEW FAITHFUL PERFORMANCE BOND ONFAUALCCNTP -,TPa10E LANDSCAPE & IRRIGATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete landscaping and irrigation in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Eighty -Five Thousand Dollars, ($185,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847415 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by , City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: 3 1-iv5— "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANA�GEMENr Co., ITS GENERAL PARTNER Gregory L.pelgadoJ.Wdent Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY 4U.,:st ?, a A by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847415 PRElIIIIM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (LANDSCAPE &IRRIGATION) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including landscaping and irrigation in accordance with approved plans, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Ninety -Two Thousand, Five Hundred Dollars, ($92,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 1847415 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: j�, ' "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST AGE NT CO., ITS GENERAL PARTNER Gregory gDellgad resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184745C PREMIUM: $50.00 SUBDIVISION MAP ACT PµREpMIUM�Pop TrucTrENT EASEp�0�9EAL CONTaRAC7 PRICE FAITHFUL PERFORMANCE BOND M ONUMENTATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision .Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to set monuments establishing property boundaries in accordance with the approved, final map. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Two Thousand Dollars, ($2,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847450 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST M_VAGEME T CO., ITS GENERAL PARTNER Gregory U/ Delgado,TAPident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184745C PREMIU14 INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (MONUMENTATION) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including the setting of monuments in accordance with the final map approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to ,which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Thousand Dollars, ($1,000,00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 1847450 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and. fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: � /0 --? It es 31 / 99S' "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST AGEM CO., ITS GENERAL PARTNER Grego . Delgado resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY G � 0 "'t z 0-� �,- cT- jay ALBERT E. HART, ATTORNEY-IN-FACT RECORDING REQUESTED BY Diamond Bar East Partners AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: City of Diamond Bar 21660 East Copley Drive, Ste. 190 Diamond Bar, CA 91765 Attn: City Engineer L J ABOVE THIS LINE FOR RECORDER'S USE Title Order No. 01330609 Escrow or loon No. GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ 0.00 CITY TAX S ® computed on full value of property conveyed, or O computed on full value less value of liens or encumbrances remaining at time of sale, O Unincorporated area: O City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to THE CITY OF DIAMOND BAR AN EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, OVER State of California: the following described real property in the County of Los Angeles, All as more particularly described in Exhibit A attached hereto, consisting of two (2) sheets. Dated October 3, 1995 Diamond Bar East Partners, a California Limited Partnership by Diamond Ridge Ea t M agement Co., i eneral P to G gar Deg esident STATE OF CALIFORNIA �i SS Kurt Nelson, Secretdry COUNTY 0 H(1 j1 before me, On — r P. personally appeared rTceo rq L. NqodC an , 6or� tJel 0 z -a " COMM. f IQ72728 Z In the basis of satisfactory s) is/are subscribed to the CaSfornio at he/she/they executed (ies), and that by his/her/ My Comm. Expires AUG 22, son(s), or the entity upon ed the instrument. -- (Ths orea for offcai nc'c!,ai sea') KAelt Tax STATEMENTS AS DIRECTED ABOVE. — personally known to me (or proved to me o evidence) to be the person(s) whose name( within instrument and acknowledged to me th the same in his/her/their authorized capacity their signature(s) on the instrument the per behalf of which the person(s) acted, execut WITNESS my tkan Vi f iol seal' Signature �PATTY GARVEY Z � s, � Notary Public — i LOS ANGELES 1997 ALL PTN ABOVE THIS LINE FOR RECORDER'S USE Title Order No. 01330609 Escrow or loon No. GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ 0.00 CITY TAX S ® computed on full value of property conveyed, or O computed on full value less value of liens or encumbrances remaining at time of sale, O Unincorporated area: O City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S) to THE CITY OF DIAMOND BAR AN EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, OVER State of California: the following described real property in the County of Los Angeles, All as more particularly described in Exhibit A attached hereto, consisting of two (2) sheets. Dated October 3, 1995 Diamond Bar East Partners, a California Limited Partnership by Diamond Ridge Ea t M agement Co., i eneral P to G gar Deg esident STATE OF CALIFORNIA �i SS Kurt Nelson, Secretdry COUNTY 0 H(1 j1 before me, On — r P. personally appeared rTceo rq L. NqodC an , 6or� tJel 0 z -a " COMM. f IQ72728 Z In the basis of satisfactory s) is/are subscribed to the CaSfornio at he/she/they executed (ies), and that by his/her/ My Comm. Expires AUG 22, son(s), or the entity upon ed the instrument. -- (Ths orea for offcai nc'c!,ai sea') KAelt Tax STATEMENTS AS DIRECTED ABOVE. — personally known to me (or proved to me o evidence) to be the person(s) whose name( within instrument and acknowledged to me th the same in his/her/their authorized capacity their signature(s) on the instrument the per behalf of which the person(s) acted, execut WITNESS my tkan Vi f iol seal' Signature �PATTY GARVEY Z � s, � Notary Public — i LOS ANGELES 1997 EXHIBIT "A" EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES BEING THAT PORTION OF LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS RECORDED IN BOOK 1207 PAGES 47 TO 56 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN WESTERLY LINE OF SAID LOT 41, SHOWN AS N. 22049136" W., 107.24 FEET; THENCE SOUTHERLY ALONG SAID LINE S. 22°49136" E., 82.43 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 45.00 FEET; THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°52128" AN ARC DISTANCE OF 103.57 FEET; THENCE N. 45013147" W., 24.71 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 41, SAID POINT BEING N. 67°10124" E., 47.18 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE S. 67010124" W., 47.18 FEET THE POINT OF BEGINNING. i ns "I SKETCH TO aCCnMPANY LEGAL DESCRIPTION r• /\ �e I 1 / F� /1 ►! 1 F- 1 Ivl 11 F� ►� 1\/1 ht '/ r\ I \I NOTE THIS SKETCH IS NOT A LEGAL DESCRIPTION AND IS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRPTION THAT THIS SKETCH ACCOMPANIES. 1 ♦ T / )1 l ♦i 1 / I -r r. . -1- . 1 r 1 r• r- � 1 fI /\ � 1 1\11 ♦� / / Il 'l 1 r♦ a ♦r� / r� EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES TO: WE ARE SENDING YOU: Shop drawings Copy of letter 1iaA V=AST rl)p1_pY nRIVI~ . sU1TE 100 DIAMOND BAR, CA 917654177 909-860-2489 • FAX909-861-3117 LETTER OF TRANSMITTAL Date: Job No.: Attention • 1 Re: Attached Under separate cover via Prints Plans Change order Other _ the following items. Samples Specifications COPIES DATE NO. DESCRIPTION ,� L L �-> It -r Y/ 7 q- ?SS -1 2t L177- �Zf THESE ARE TRANSMITTED as checked below: For approval Approved as submitted ,i For your use Approved as noted As requested Returned for corrections Review/comment Other FOR BIDS DUE 19 REMARKS: COPY TO: SIGNED: Resubmit copies for approval Submit _ copies for distribution Return corrected prints PRINTS RETURNED AFTER LOAN TO US 21660 CV909-861-3117. Y DRIVE • SUITE 100 DIAMON BA 91765-4177 909-860-2f1 LETTER OF \'R*SMITTAL To: C.�A Abbo i+ Date: ICD ! E� 9 -c Job No.: Attention: o f-2GE LJ e! rJ TZ Re: V -T T !-i8 8% h K.r- WE ARE SENDING YOU: A;ched Under separate cover via the following items. Shop drawings Prints Plans Sa:nDles Specifications Copy of letter Chane order Other COPIES DATE NO- DESCRIPTION// 1 I I ' IcCLAIMET� �JhTer" . �= EE�. S©tiZ:) 1Gti _ —a 'D (::3 rr-) t:f-: Fo approval Approved as submitted Resubmit - copies for approval ( Approved as noted CRr-,aDr �� ��rj THESE ARE TRANSMITTED as checked below: (::3 rr-) t:f-: Fo approval Approved as submitted Resubmit - copies for approval I ✓ For your use Approved as noted submit _ copies for distribution �s requested Returned for corrections Return _ corrected prints- Review/comment Other FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: ;/� CA r- \j i i Bond No. 1847425 PREMIUM: $2,376.00 SUBDIVISION MAP ACT PREMIUM IS FOR CONTRACT TERM 188UBJECT TO ADJUSTMENT FAITHFUL PERFORMANCE BOND ON FINAL CONTRACT PRICE DOMESTIC WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a domestic water system in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Thirty -Two Thousand Dollars, ($132,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 184742S As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or .to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: .7 "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., TTS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. Signature OPTIONAL .- Elizabeth A. Therssen Comm. #1014179 • OTARY PUBLIC CALIFORNIA) rt) CONTRA COSTA COUNTY 1/ Comm. Expires Jan. 18, 1= This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) --- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY)IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CCI. 1 fp a AAC. County of S k C On before me, �J DATE +�+� Y / _ p / / C_ NAME, TITLE OF O ICER- G.."JAN2bOE, NOTARY PUBLIC" personally appeared +^f ory L . iq ej� x.r+ �� S dy1 NAME(S) OF SIGNER(S) ❑ 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 ac- knowledged 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), TRIM SIMS � or the entity upon behalf of which the 00111111111111. #1059M person(s) (s) acted, executed the instrument. LM AWaKnaounTv y. c.�. wr+• Ma n,1� WITNESS- my hand and official seal. & 7 c.tc` I'YYZ. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ ❑ ATTORNEY-IN-FACT GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91309-7184 Bond No. 184745C It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST CO., TTS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184745c PREKIUM: $50.00 SUBDIVISION MAP ACT PRpMU19 CONTRACT O TM O�DJSR FAITHFUL PERFORMANCE BOND SED ACONTRACTPRICE MONUMENTATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to set monuments establishing property boundaries in accordance with the approved, final map. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Two Thousand Dollars, ($2,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134613 P.O. BOX 19725, IRVINE, CA 92713 a (714) 283-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable. the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY' the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars (S2,S00,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(3)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage de lency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or ball bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certHfaM relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shell be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Sacrataries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ` By ` Da F. Vincenti, Jr:y fty Den F. Vincent, Jr. President 00�wV004 ,r. President p`j\� oB 4h ATTEST s OCT. 0. e NAR. 27, e o lea? iATTEST 0 1979 r By /Fos BY Walter Crowell U/,fV /Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name($) Is/are subscribed to this 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/thelr siprtsture(s) on the inaftment the person(s), or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my hand and official seal. Signature OFFICIAL SEAL TIRESA TAAFUA NOTARYPUBLIC- CALIFORNIA PRMICIPALOFFICE IN OAANW COUNTY My Commission EW Aug. 4,1995 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in fora as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 3 day of OCTOBER tgg 5 INDEMNITY COMPANY OF CALIFORNIA rPAMP DEVELOPERS INSURANCE COMPANY �N6Uq O`p4P Oe4t P �Q'`OPPOR,tl'�' By "J / OCT. 18L, w By �L.ry i' J / W MAR. 2T. O 1861 o c �� 1979CC. Fiebige; L.C. Flebiger Senior ice P esident 1�errroP+�+a SeniO Vice President ID -310 REV. 4/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State of �C� 1 i TDY A t G- County of CpS 4rnC t t S On 64p14r 3 ,. before me,ri Ug mS . 1. L c DATE NAME, TITLE OF OFF ER - E.G., "JANE D6E, NOTARY PUBLIC" personally appeared Ig" a84 JLu,rfi tae Is egi NAME(S) OF SIGNER(S) 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 ac- knowledged 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), TRMS" or the entity upon behalf of which the COMM. #11=131111) person(s) acted, executed the instrument. ��►.ueuc-cnt�ar� � Lw Aww'es calm Ltcow.a PI MW17.1M PP-1jPNIIgP-17-V -V WITNESS my hand and official seal. • S—fi1 4' SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91309-7184 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA SS. On OCTOBER 3, 1995 before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. OPTIONAL Elizabeth A. Therssen Comm. #1014179 0 TARY PUBLIC CALIFOq►rIAD CONTRA COSTA COUNTY 0 Comm. Exp -res Jan. 18. in$ J This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IU -081 Kev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond No. 1847415 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated:�IV6— "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST ANAGE NT Co., rrS GENERAL PARTNER Gregory Delgad 14esident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (LANDSCAPE &IRRIGATION) Bond No. 1847415 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including landscaping and irrigation in accordance with approved plans, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Ninety -Two Thousand, Five Hundred Dollars, ($92,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I No. 5907 f State of (�I x r M 01— County of LOS rigc IcS ��rr n On (_,cube-- 3 . 1gg.5— before meC_ .Sr-iS I No'inny DATE NAME, TITLE OF OF ICER - E.G., "JANE 06E, NOTARY PUBLIC" personally appeared G r" !! +p r4 L. be k gado e4 A Kv Ir+- tJ e Is o h , �/ NAME(S) OF SIGNER(S) LJ' 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 ac- knowledged 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 TRICW SIMS person(s) acted, executed the instrument. OOMM. sr1oeaoao j NOTAW FUNLIC - CALMO 10 LOG ANG>ftft 0IXWY *COWL F1 *nMft17.190 WITNESS my hand and official seal. c�Ca� S, +'»'� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. HIMIANFIR "'Imulalm-0ji, OPTIONAL 0 0 Elizabeth A. Therssen g Comm. #1014179 OTARY PUBLIC CALIFORNIAQ 2 CONTRA COSTA COUNTY `/ Comm. Expirest6, tgp9 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLEIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL O ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond No. 1847415 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., TTS GENERAL PARTNER Gregory L. Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY 4u., -J- ?, a� -A— by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 184741S PREKIUM: $3,330.00 SUBDIVISION MAP ACT PR18 FOR CONTIACTTERM AN ECT TO ADJUSTMENT EMI FAITHFUL PERFORMANCE BOND 8A8 FINAICCNTRA„TPRICE LANDSCAPE & IRRIGATION KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete landscaping and irrigation in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of One Hundred and Eighty -Five Thousand Dollars, ($185,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134612 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion s erased 3. This Power of Attorney is void unless the seal is readable. the texts in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-fact. but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars (52,500,000) In any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1966: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY LVA -1 I I " By r By r Darfle F. Vincenti,Jr. rP�MY Dan F. Vincenti, Jr. Nsuq IF President o0 OPO• o„ PresidentO dgFOR441'Fo 4 ,^ ae, ♦n rts Z OCT.tA Po W II�R.2T, a o ATTEST s 1987 o ATTEST 878 a By Al�f/044ez By �l Walter Crowell Waller Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided 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(iss), 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. � OFFICIAL SEAL _ t?Z TIRESA TAAFUA Signature i �! NOTARY PURLIC-CALIFORNIA e PRINCIPAL OFFICE IN ORANGE COUNTY My Comrrissicn Exp. Aug. 4, 1995 eeeeeeei�eeeeeeeee+ee CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 3 day of OCTOBER J 199 5 INDEMNITY COMPANY OF CALIFORNIA L.C. Fiebiger Senior Vice President ID -310 REV. 4/93 rpAyy DEVELOPERS INSURANCE COMPANY �O`00►OR4� c, i OCT. A C Isst 9y —` L.C. Fiebiger f 4rrro 4�+�� Senior Vice President NSup pPOR4f MAR. 27, �'0 o i 878 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of Cc� ) l'f V_ A X• - County of CSS /�YACN2lee S On UC7ZbC4- , /q [ Cbefore me, rtcict SI DATE NAME, TITLE OF OFFIC R - E.G.. "JANE DOE. OTARY PUBLIC" personally appeared n-1 c% <o r 7E K)e ! S o kN NAME(S) OF SIGNER(S) Evpersonally 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 ac- knowledged 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 TRICIA SIMS person(s) acted, executed the instrument. COMOSM. #105Mi9 n �oo c.4 WITNESS my hand and official seal. .: lay Com. Eapina AVy 17.1 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. OPTIONAL *' Elizabeth A. Therssen V Comm. 111014179 0 OTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY O Comm. Expires Jan. IS, 198 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond No. 1847406 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Gregory C. Delgado Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (RECLAIMED WATER SYSTEM) Bond No. 184740S PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including a reclaimed water system in accordance with plans and specifications approved by the Walnut Valley Water District and the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Nineteen Thousand, Five Hundred Dollars, ($19,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca ( r 'izi ,yu a. - No. 5907 County of Losg4Ztc les On b hg -C 3x(995- before me, = t u c vim, rY PUL 11 c DATE NAME, TITLE OF OFFIC - E.G., "JANE Doze NOTARY PUBLIC" personally appeared ��cSO' �" be �lquo e, -,d X ✓ f tJe 5d ✓1 j NAME(S) OF SIGNER(S) L 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 ac- knowledged 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), TRICIA SIMS or the entity upon behalf of which the comm. *11059M F person(s) acted, executed the instrument. m : , NOTARY Peat - CAUFOPMA -4 Los ANOEM OOUMTY WITNESS my hand and official seal. �c.`� dl ►tivz SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. OPTIONAL Elizabeth A. Therssen /V COMM. #1014179 //�� OTARY PUBLIC CALIFORNIAW CONTRA COSTA COUNTY 0 Comm. Expires Jan. 18. 19" -� This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -oat Rev. 6/94 ALL—PURPOSE ACKNOWLEDGEMENT Bond No. 18470.9 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MAN � CO., ITS GENERAL PARTNER Gregory Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT Bond No. 1847405 PREKIUM: $702.00 SUBDIVISION MAP ACT ,W-MPJMIS FOR CONTRACT TERM 4ND :S SUBJECT TO ADJUSTMENT FAITHFUL PERFORMANCE BOND BASED ON FINAL CONTRACT PRICE RECLAIMED WATER SYSTEM KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete a reclaimed water system in accordance with plans and specifications approved by Walnut Valley Water District. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Thirty -Nine Thousand Dollars, ($39,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134615 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March. 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY'" the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attomey(s)-ln-Fact fun power and authority to do and to perform every act necessary, requisite or proper to be dome In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24.1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 191 day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 2 By ` By ` DargeF. Vincenti, ir'l PAM7, DanP F. Vlncenti, Jr. Nsu 09 President I PCAIlh� IF President Q�NCOgPO 4, i + OCT.AEo� ?MAR 27,x' o ATTEST i 1867 o ATTEST 1919 e By �W�^ � � BY Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993, before me, Tiress Tasfua, personally appeared Dante F. Vincentl, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(&) 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 signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. eeeeeN P OFFICIAL SEAL TIRESATAAFLIA Signature NOTAW KSLIC - CALIFORNIA ii PRINICpAL OFFICE IN ORANGE COUNTY 95 MY Cormbaian Exp. Ahp. 4, 19e5 ~�ee CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Ceni irate is executed in the City of Irvine, California, this 3 day of OCTOBER 199 5 INDEMNITY COMPANY OF CALIFORNIA Mp ANY DEVELOPERS INSURANCE COMPANY 9NN sup, OR4 f � �+`OpPoo e^ 00 .5%. C /C M0. 27. o BY � , 7 , 1 1891 o BY /1 c ` - i I97YL.C. Fiebiger L.C. ; Senior Vice President 1 no a�a`? Senior ice President o v FoaN\'?e ID -310 REV. 4/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of co i -tor n ► o_ County of LLZS Ana -e. Ir- On eOn 01�fc6 'r- 5 , 1945" before me, -rtL-l0.-SIII" s, NoTary Py6/IC DATE NAME, TITLE OF OFFICER - E.G., -JAN9 DOE, NOTARY PUBLIC" personally appeared Gm-CiOTY belgcAc 4nA Kurt Vel soi NAME(S) OF SIGNER(S) Xpersonally 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 ac- knowledged 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), TFUM SIMS Comm.#10MM or the entity upon behalf of which the :11Oi person(s) acted, executed the instrument. yt calf. flow MW 17. Im WITNESS my hand and official seal. � C -C., (; - SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. &.0070!6Fir U12"'t-mv i OPTIONAL r Elizabeth A. Therssen 0 Comm. #1014179 /� Q OTARY PUBLIC CALIFORNIAD CONTRA COSTA COUNTY 0 Comm. Expxes Jan. 18, 1998 J This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond No. 184742S It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY C", n n by ALBERT E. HART, ATTORNEY-IN-FACT SUBDIVISION MAP ACT PAYMENT BOND (DOMESTIC WATER SYSTEM) Bond No. 1847425 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including a domestic water system in accordance with plans and specifications approved by the Walnut Valley Water District and the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Sixty -Six Thousand Dollars, ($66,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. 11" 1 MEN"' I OPTIONAL T_ a Elizabeth A. Therssen CCMM. #1014179 NOTARY PUBLIC CALIFCRNIAD CONTRA COSTA COUNTY 44Fcp'' Comm Expires Jan 18 1998 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CQ for a County of LoS On Oc fp, bt�Y' I I9 1 before me, C -A 4 DATE NAME, TITLE OF OF CER - E.G., "JANE D E, NOTARY PUBLIC - No. 5907 _j U NAME(S) OF SIGNER(S) Vpersonally 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 ac- knowledged 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 TRICIA SIMS person(s) acted, executed the instrument. in COMM.0105NU Fi m , 4quagm. NOBW LOS A COU"Ty WITNESS my hand and official seal. *COMM. Ems•• M" 17. t9YY �C.�6L� Ni✓g� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Bond No. 184745C PREMIUM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (MONUMENTATION) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including the setting of monuments in accordance with the final map approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Thousand Dollars, ($1,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Bond No. 184745c As part of the obligation secured herebya n luded in addition co is andhreasonable face amount specified therefor, there shall be in expenses and fees, including reasonable attorney's a sassncurrcost a byi cluCity d successfully enforcing such obligation, all to be to in any judgment rendered. The Surety hereby stipulates and agrees that no change, ang , x ension oo thee, alteration or addition to the terms of the agreement performed thereunder or the specifications accompanying does hehersameby call in anywise affect its obligations on this bond, an notice of any such change, extension of time, altera tion or addition to the terms of the agreement or to the work or to thepio fi IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA CALIFORNIA LIMITED PARTNERSHIP, ARTNERSHIP by DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST AGSM CO., TTS GENERAL PARTNER Grego . Delgado resident Kurt Nelson, Secretary ,,Surety" DEVELOPERS INSURANCECOMPANY by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 - 6�j ;0" OPTIONAL . Elizabeth A. Therssen COMM. tl1014179 OTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY Comm. E,Pys Jan. 1a. 19% i This area for Oficial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of (�C't I f fir-rvcc*_ County of 1 a!AvweArn s On a4cb-C,111' 3 , 19Tbefore me, Q06) tc__ , DATE N�j ME. TITLE OF OF ER - E.G.. -JANE DO9, NOTARY PUBLIC - personally appeared o . le I 'C -N -}- NAME(S) OF SIGNER(S) 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 ac- knowledged 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), W) TRX�ilik SIMS or the entity upon behalf of which the COUK 3 �►.,,�,�."050Mperson(s) acted, executed the instrument. ws Aim cotwm 0 - MW 17. low L. WITNESS my hand and official seal. ��Ce � Q7�YIZ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134617 P.O. BOX 19725, IRVINE, CA 92713 a (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY` the true and lawful Attorneys) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking; giving and granting unto said Attorney(s)-In-Fad full power and authority to do and to perform every ad necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and ati of the acts of said Attornsy(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of instillment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, sell -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of tihe following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS ONSURANCE COMPANY, allective as o1 September 24, 1986: RESOLVED, that the Chairman of the Board, the Presidarrt and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to axeci on bsW of the corpora8on, bonds, undertakings and Contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to arty, such Power of Attorney or to any oenMCati tenting thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the Corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally mood these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this let day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By r De F. Vincenti. Jr. ANYDii F. Vhtcenti, Jr. \Nsu President 60 PCR,tf n President �P` pFOR4. 1 ! f 1 ! 2 OCT. S` -� MAR. 27, a ATTEST 1 1881 o ATTEST i els e l�%f� s0ae���r �o�rrrOaN\�,*I By !/ V!/f/r^ `! By— Walter y Walter Crowell Wisher Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS_ COUNTY OF ORANGE ) On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose names) 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 signatures) on the Instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature � OFFCtAL SEAL TIRESA TAAFUA NOTARY PUBLIC • CALIFORNIA PRNVCIPALOFFICE W ORANGE COUNT/ Mfr Ca n*aim Ems. Aug. 4. 1sa5 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the dais of this Certificate. This Certificate is executed in the City of Irvine, California, this 3 day of OCTOBER t99 5 INDEMNITY COMPANY OF CALIFORNIA AP ANY DEVELOPERS INSURANCE COMPANY Nsuq rAS OR4` +`00.POR4l'� t� 2 OCT.6, o C l� MAR. 2?. o By c �� S 1961 o By c f 'Y IBia ; Senior Vice President yiwr�r0 +���? Senior Vice President ° ID -310 REV. 4/93 Bond No. 184743S PREMIUM: $11,340.00 SUBDIVISION MAP ACT lSFORCONTRACT TERM A�� l�e T TO ADJUSTMENT FAITHFUL PERFORMANCE BOND 6AliDONRN&CONTRACT PRICE GRADING KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete project grading in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Thirty Thousand Dollars, ($630,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847435 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: 4,2e11� "Principal" C & A DEVELOPERS A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND. BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER b y DIAMOND RIDGE EAST MAkAGEMENr CO., ITS GENERAL PARTNER Gregory L. Delgad5, esident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY Ca Lai ,,t by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. I OPTIONAL A. Therssen U@,Elizabeth Comm. #1014179 0TARY PUBLIC CALIFORNIAO CONTRA COSTA COUNTY C) Comm, Expres Jen. IS, 1008 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Io -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cc I 111&_ n tt4_ County of S TiYLQ fe ICZ, On D -4b 6tr- 3 before me, ) I�I� C Ick, Sims Pj b+^ry Pu,61 IL DATE NAME, TITLE OF OFFICER, E.G., "JANE D E, NOTARY PUBLIC" personally appeared be I q�j o )( u r+ 1 jf i Sy1n �/' NAME(S) OF SIGNER(S) Lpersonally 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 ac- knowledged 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), TWASM or the entity upon behalf of which the COWL #105 g person(s) acted, executed the instrument. 110TAN1 NOW -CALMM" rr LM A110M SCOU110y �I myC0""r''Rom 1iW17. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Paris, CA 91309-7184 Bond No. 184743S PREMIUM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND (GRADING) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including grading in accordance with plans approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and Fifteen Thousand Dollars, ($315,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. 1847435 the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Gregory L. Del resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. 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 acknowl- edged 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. OPTIONAL Elizabeth A. Therssen Y I /O Y Comm. #1014179 V OTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY 0 Comm. Expires Jan. 19. 1899 -► This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State off -tu ►� ic— County of (As On fbber 3 tct4SS before me—l—ric.i a S1,,nn5,3 Wb+ek-ry Rib) �c DATE NAME, TITLE OF OFFICER - E OE, NOTARY PUBLIC' personally appeared G Ire'A`ry C. De- � ado ae's KU ct Ije I s U H Vpersonally NAME(S) OF SIGNER(S) 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 ac- knowledged 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), TRIGASIIIAS or the entity upon behalf of which the COMM. #100030 F) person(s) acted, executed the instrument. WrAW ROC -cMr WS" ig WS Aire COW" WITNESS my hand and official seal. s 1�►� c.�o�. % wYz-- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134614 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1906: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such offkxrs may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this tat day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS R49URANCE COMPANY By By _L00-1 . , Da F. Vincenti, Jr:y FAMt Dan F. Vincenti, Jr. IF President oM x President y\Nsuq'll �a'4perOR,r►f O 4,p�OAFaR,rl'�c z OCT 5. �� �?WAR27,�o� ATTEST ISO? o ATTEST w ; a W n 1879 1461&D By 4By Walter Crowal� Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993, before me, Tire" Taafua, personally appeared Dante F. VinceMi, Jr. and Walter Crowell, personally known to me (or provided 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(a) on the instrument the person(s), or the entity upon behalf of which the parson(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL Signature TIRESA TAAFIJA NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE N, ORANGE COUNTY Ib Coenissisn Exp. Aug. 4, 1905 CERTIFICATE eeeeeeeNeeeeeeeeee The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the rate of this CartMicate. This Certificate is executed in the City of Irvine, California, this 3 day of OCTOBER '199 5 INDEMNITY COMPANY OF CALIFORNIA CM A»► DEVELOPERS INSURANCE COMPANY 5 tN s u PR POR,�f BY By 'Li�� / 3 +6pw�eAq)e`'� / +o�po'r \�i i(f�MA L.C. Fiebiger 1847 o z L. f R. 2T, O Senior Vice President C. Fiebiger "a+\+?a Senior Vice President o ��/ipRt•`��PL I0-310 REV. 4/93 Bond No. 184744S PREMIUM: $10,836.00 SUBDIVISION MAP ACT WWEC TO ONTRACTTERM NT WON CONTRACT PRICE FAITHFUL PERFORMANCE BOND SEWER, STORM DRAINS, STREETS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October , 1995, and identified as Project : Tract No. 48487, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, including the obligation to complete sewers, storm drains and street improvements in accordance with the approved plans and specifications for same. NOW THEREFORE, we, the Principal and DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred and Two Thousand Dollars, ($602,000.00) 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 SUCH THAT if the above bounded Principal, his 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 said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 1847445 As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below. Dated: "Principal" C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP by DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Gregory L. Delga'resident Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. OPTIONAL r �. Elizabeth A. Therssen U Comm. #1014179 CTARY 0 PUBLIC CALIFORNIA CONTRA COSTA COUNTY O Comm. Expires Jan. 98. 1998 -6 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of OAIt-Gfrlta. County of i c�5 �►no�e (es On E'f'Dkrir� 31 M5 before me, �r 1C1%C.L S I' ms No+C- Irk/ p1b I I C , DATE NAME, TITLE OF OFFICER - .G., -JANE DOE, OTARY PUBLIC - personally appeared GCCpM L-• L1e Iia cxAo cod %surf Ale /Son , NAMES) OF SIGNER(S) ( 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 ac- knowledged 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 TRICIA SIMS coil. #Iperson(s) acted, executed the instrument. o�os� • WTAW A1C-oALM�01rNA Los ANORMCo{NRV wC&WL&0MMW 1?.19" WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91 309-71 84 Bond No. 184744S PREMIUM INCLUDED IN SUBDIVISION MAP ACT PERFORMANCE BOND PAYMENT BOND SEWERS, STREETS, STORM DRAINS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of Diamond Bar, State of California, hereinafter called "City" and C & A Developers, a California Limited Partnership, 3480 Torrance Blvd., Ste. 300, Torrance, CA 90503, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including sewers, streets and storm drains, in accordance with plans approved by the City Engineer, which said agreement, dated October , 1995, and identified as Subdivision Agreement - Tract No. 48487, is hereby referred to and made a part hereof; and 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 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil code of the State of California. NOW THEREFORE, said Principal and the undersigned, DEVELOPERS INSURANCE COMPANY, P.O. Box 19725, Irvine, California, as corporate Surety, are held and firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred and One Thousand Dollars, ($301,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to Bond No. 184744S the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 Principal and Surety, on the date set forth below. Dated: -?, iy9.s "Principal" - C & A DEVELOPERS, A CALIFORNIA LIMITED PARTNERSHIP DIAMOND BAR EAST PARTNERS, GENERAL PARTNER by DIAMOND RIDGE EAST MANAGEMENT CO., ITS GENERAL PARTNER Kurt Nelson, Secretary "Surety" DEVELOPERS INSURANCE COMPANY by ALBERT E. HART, ATTORNEY-IN-FACT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On OCTOBER 3, 1995 , before me, ELIZABETH A. THERSSEN PERSONALLY APPEARED ALBERT E. HART 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 acknowl- edged 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. Signature OPTIONAL 0Elizabeth A. Therssen > Comm. #1014179 i OTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY 0 Comm. Exgres Jan. 18. 1998 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY)IESI DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO PAGES NUMBER OF PAGES OCTOBER 3, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of a ( IA r ak'a_ County of S t rY e_leS On L -C -u 1before me, l r I CACk S[ r►.►s Y jH_r4 ^Y PL)k � i L, DATE NAME. TITLE OF OFFI R - E.G., "JANE DO . NOTARY PUBLIC - personally appeared L•beln rQc) " ;.0 S 0 c / NAME(S) OF SIGNER(S) L9' 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 ac- knowledged 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), TRKNA SIMS or the entity upon behalf of which the 9cowAmomm IR person(s) acted, executed the instrument. � TAW PtX c-CAUP0WM C"LM a ooarrY My co dpr.a mw 1y. taw Ir WITNESS my hand and official seal. - I & I SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 134616 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal s readable. the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY' the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,0041 in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of sold Attorney(s)-lin-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, ION: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this tat day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY C1r By r Da F. Vincenti, Jr. o�P AIII, o� By President ti, Jr. P`' `a 0 B 4ti President ot,Posr ` o0 ,4 IA MAR 27, o ATTEST i OCT.a Is67 o ATTEST W W o 1879 r By ^'� Walter Crowell By Q Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons) 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. � OFFICIAL SEAL __/��lp�� TIRESATAAFLIA Signature �� NOTARYPUBLIC-CALIFORNIA j PRINCIPALOFFICE IN ORANGE COUNTY My Consrwsim Exp, Aug. 4. 1995 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 3 day of OCTOBER --- 199__5_ INDEMNITY COMPANY OF CALIFORNIA PAN),DEVELOPERS INSURANCE COMPANY a asug4 "*t fOA,y�'D ?`oPP0R4,A. ' t p OCT. 5, fw C �7 .' / W MeR 2T. o BY c ` •'� / 1 Is 1 o By : G!llGGccc"'��� lata y L.C. Fiabiger 0 ro4+��`� Senior . Fiebiger ce President °n'tiroae�� Senior Vice President ID -310 REV. 4/93 8/31/95 VESTING TENTATIVE TRACT NO. 48487 aexx 946 fleX: A / 7 Rev 10/10 CONDITION COMMENTS STATUS (b) FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, Water plans prepared and Condition fire hydrants, and fire flows as approved by WVWD (3/3/95). satisfied required by Fire Department and Fire Code. 2. Emergency secondary access shall. Secondary access applies N/A be provided in accordance with Fire only to Vesting Tentative Protection District Standards and Tract 47850 per J. approved by the City Engineer. DeStefano memo. 3. Fire Department access shall be '—Compliance reviewed with N/A at extended to within 150 feet distance Site Development Plans. time of of any portion of structure to be Map built. approval 4. Access shall comply with Section Compliance reviewed with N/A at 10.207 of the Fire Code (all weather Site Development Plans. time of access). Street must be paved prior Map to lumber drop. approval 5. Driveways shall include, as Compliance reviewed with --N —7—A at necessary, turnarounds suitable for Site Development Plans. time of fire protection equipment use and Map shown on the final map. Turnarounds approval shall be designed, constructed and maintained to insure their integrity for Fire Department use. 6. All required fire hydrants shall Plans approved by WVWD; N/A at be installed, tested and accepted construction guaranteed in time of prior to construction of on-site subdivision agreement Map improvements. Vehicular access must (secured by surety bond). approval be provided and maintained serviceable throughout construction. 7. All hydrants shall be brass or Water plans approved by Condition bronze and conform to current AWWA WVWD. compliance for satisfied standard C503 or approved clearance and fire wall equal. All hydrants shall be protection reviewed with installed a minimum of 25' from a Site Development Plans. structure or protected by a two (2) hour fire wall. (c) ENGINEERING REQUIREMENTS: 1. All easements existing prior to Noted. See Stewart Title Condition final map approval must be Co Preliminary Subdivision satisfied identified. If an easement is Report (dated 8/23/95); blanket or indeterminate in nature, a. see map. statement to that effect must be shown on the final map in lieu of its location. 2. A title report guarantee showing Noted. See Stewart Title Condition all fee owners and interest holders Co Preliminary Subdivision satisfied must be submitted when a final map is Report (updated 10/10/95); submitted for plan check. The see map. account shall remain open until the Page 1 CONDITION COMMENTS STATUS final map is filed with the County Recorder. An updated title report/ guarantee must be submitted ten (10) working days prior to final map approval. Cost estimates approved Condition 3. Applicant shall submit to the City Engineer the total cost estimate for grading, streets, satisfied for bonding purposes of all public sewer, storm drain, improvements, prior to approval of reclaimed water and water the final map. (approved by WVWD). 4. Applicant shall submit recorded See TADCO agreement which Condition documents indicating the project will guarantees access to this satisfied have proper/adequate right -of -entry property. to the subject site from "The Country". 5. The tract shall be annexed to Property is now in LMD 38; Condition Landscape Maintenance District 38. upon recordation of map LA satisfied Co Assessor will recognize new parcels ($15/Parcel/Yr). 6. New centerline ties shall be Also, required in City Condition submitted to the City Engineer for subdivision code and satisfied approval in accordance with City guaranteed in subdivision Standards, prior to issuance of agreement (secured by building permits. bond) 7. New boundary monuments shall be Boundary monumented i.a.w. Condition set in accordance with the State Map Act. All monuments satisfied Subdivision Map Act and subject to "to be set" are assured to approval by the City Engineer. be set by statement of surveyor on map, state law and are guaranteed in subdivision agreement (secured by bond). See map 8. I any require public See subdivision agreement. Condition improvements have not been completed satisfied by Applicant and accepted by the City prior to the approval of the final map, Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 9. All site grading, landscaping, Grading approved 7/19/95 Condition irrigation, street improvement, sewer L/S&I substatially satisfied and storm drain improvement plans approved week of 9/25/95 shall be approved by the City ST approved 7/19/95 Engineer prior to final map approval. SIS approved 7/19/95 S/D approved 7/19/95 10. Street names shall be submitted Name approved as shown on Condition for City review and approval prior to final map. satisfied approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be Noted. N/A at approved by the City Engineer prior time of to issuance of building permits. Map age 2 CONDITION COMMENTS STATUS approval 12. The detail drawings and Noted. N/A at construction notes shown on the time of submitted plans are conceptual only Map and the approval of this map does not approval constitute approval of said notes. 13. Lot line adjustment between LLA recorded 10/20/93, condition Tracts 47851 and 48487 shall be Inst. No. 93-2044263. satisfied approved prior to recordation of the final map. 14. Grading of the subject property Noted; grading plans Con cri —ti on shall be in accordance with the approved. satisfied Uniform Building Code, City Grading Ordinance 14, (1994) and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be Portions Lots 1 - 15 are Condition completely removed prior to fill shown as "restricted use satisfied placement as required by the final area,, and building rights geotechnical report. are dedicated on map; (i.a.w. Cond 19. See map. 16. At the time of submittal of the Report prepared by Condition 40 -scale grading plan for plan check, Harrington Geotechnical satisfied a detailed soils and geology report Engineering, Inc. (Don P. shall be submitted to the City Harrington, PE and J. Engineer for approval and said report Stanley Schweitzer, RGE); shall be prepared by a qualified Report & cummulative engineer and/or geologist licensed by review responses through the State of California. The report 5/26/95 approved by City shall address, but not be limited to, 6/2/95. the following: (a) Stability analyses of daylight Noted; report approved. Condition shear keys with a 1:1 projection from Exception re: Lot 19 satisfied daylight to slide plane (except lot refers to Tr 47851 19 which shall be 1.5:1) shall be used in design, projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical Portions of Lots 1 - 15 Condition constraints (i.e., landslides, shear are shown as "restricted satisfied key locations, etc.) shall be use areas" on map. delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall Noted; Report approved. Condition be designed for a "worst case" satisfied geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial Noted; Grading Plans Condition Page 3 Ca COMMENTS STATUS grading into natural areas shall be approved. See plan. satisfied clearly defined on the grading plans. (e) Areas of potential for debris Noted; Grading plans Condition flow shall be defined and proper approved. satisfied remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill Noted; Report approved. condition slopes shall be analyzed as part of satisfied geotechnical report, including remedial fill that replaces natural slope. (g) Stability of all proposed slopes Noted; Report approved. condition shall be confirmed by analysis as satisfied approved by the City Engineer. (h) All geologic data including Noted; Report approved. Condition landslides and exploratory satisfied excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. 17. Grading plans shall be prepared Noted; Grading Plans Condition in a 241IX36" format and designed in approved. See plan. satisfied compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 18. Grading plan(s) must be signed Plans signed & stamped by condition and stamped by registered J. Stanley Schweitzer, RGE satisfied Geotechnical Engineer and registered and Jim Evans, REG Geologist. 19. All identified geologic hazards Portions of Lots 1 - 15 Condition within the Tentative Tract boundaries are shown as "restricted satisfied which cannot be eliminated as use area"; Right to approved by the City Engineer shall prohibit building is be indicated on the final map as dedicated (See owner's "Restricted Use Area,,. The statement,sheet 1) subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 20. Surety shall be posted and an Surety Bon or grading Condition agreement executed guaranteeing includes costs for satisfied completion of all drainage facilities dewatering. necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 21. Easements for disposal of Applicable areas shown on Condition drainage water onto or over adjacent final map as "easement for satisfied parcels shall be delineated and shown slope and drainage on the final map as approved by the maintenance purposes to be City Engineer. reserved in documents" (to Page 4 CONDITION COMMENTS STATUS Page 5 H.O.A.) N/A at 22. All drainage improvements Noted; Grading Plans necessary for dewatering and approved. time of protecting the subdivided properties Map shall be installed prior to issuance approval of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 23. All slope banks in excess of Noted; Grading Plans Condition five (5) feet in vertical height (approved 7/19/95) and satisfied shall be seeded with native grasses Landscaping Plans or planted with ground cover, shrubs, substantailly approved and trees for erosion control upon week of 9/25/95; completion of grading or some other Landscaping and irrigation alternative method of erosion control construction guaranteed in shall be completed to the subdivision agreement satisfaction of the City Engineer and (secured by surety bond). a permanent irrigation system shall be installed. 24. Street improvement plans in a Street plans (approved Condition 24"X36" sheet format, prepared by a 7/19/95); construction satisfied registered Civil Engineer, shall be guaranteed in subdivision submitted to and approved by the City agreement (secured by Engineer. Security shall be posted surety bond) and an agreement executed guaranteeing completion of the public and/ or private street improvements, prior to final map approval. 25. Prior to any work being Noted. NTA at performed in public right-of-way, time of fees shall be paid and a construction Map permit shall be obtained from the approval City Engineer's office in addition to any other permits required. 26. No street shall exceed a maximum Noted; street plan Condition slope of 12%. approved. satisfied 27. Construct base and pavement on Noted; Shown on street and Condition all streets, access road to pump grading plans. Report & satisfied station, and the emergency access Plans approved. Pump road to southerly property line in station constructed with accordance with City approved soils Tract 47851. Emergency report and approved by the City access applicable to Engineer. Vehicular access must be proposed Tract 47850 only provided to all. "Urban Pollutant (see Condition b.2) Basins" and the pump station with a minimum width of 151, with 12' of pavement and with a maximum slope no greater than 20%. 28. Prior to approval of the final Paid 9/18/95, receipt Condition map, the Applicant shall contribute #23055 satisfied $2,250.00 toward the construction of sidewalks along the east side of Diamond Bar Boulevard across from the Country Hills Shopping Center. 29. The Applicant shall provide an pp ica e only to Tract Page 5 COWnTTTON irrevocable offer to dedicate an easement for a 60 -foot wide roadway along and straddling the centerline extension of Windmill Drive at the southerly property line of Lot 12 of Tract no. 48487 (northerly property line of the remainder parcel of Tract No. 47851) to the southerly property line of the remainder parcel of Tract No. 47851; except that the northerly 107' of said easement shall be 30 feet wide. 30. A final drainage study and final drainage plans in a 24"X36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards. 31. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist. 32. Prior to finalization of any development phase, sufficient drainage improvements shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 33. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 34. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. COMMENTS ,STATUS 47851. Additional dedication required for cul-de-sac; see related but separate action to reject offer of street dedication and acceptance of public services easement. Noted. Hydrology study, Condition hydraulic calculations, satisfied grading plan and storm drain plan approved. N/A at time of Map aunroval . ed. Site development to I N/A completed in one phase. Noted. COE 404 Permit, DFG N/A at 1603 Agreement & SWRCG 401 time of certification will be Map required prior to issuance approval. Df grading permit. Grading plan approved. ted; SIS plans approved Condition City Engineer(7/19/95), satisfied CDPW(8/28/95) and CSD(9/19/95) scant shall obtain E Connection permits are IConaition satisfied Page 6 CONDITION COMMENTS STATUS connection permit(s) from the City granted only prior to and County Sanitation District. The issuance of building subdivision shall be annexed into the permit. Application made County Consolidated sewer Maintenance and fee paid to annex to District and appropriate easements LACCSMD. SIS easements for all sewer main and trunk lines are shown on map and and pump station must be offered for offered (See Owner's dedication and accepted by the County Statement, sheet 1). Note of Los Angeles Public Works that annexation only Department, prior to approval of the proceeds upon recordation final map. of map and easements are offered appropriately to the City, not the County. Condition 36. The Applicant, at Applicant's S S plans approved; sole cost and expense, shall construction guaranteed in satisfied construct the sewer system and subdivision agreement pump station in accordance with the (secured by surety bond). City, Los Angeles County Public works Department and County Sanitation District Standards. 37. Traffic improvement plans Noted; Necessary traffic Condition prepared by a registered Traffic improvements shown on satisfied Engineer in a 24"X36" sheet format street plans; street plans shall be submitted to and approved by approved; construction the City Engineer. security shall be guaranteed in subdivision posted and agreement executed agreement (secured by guaranteeing completion of surety bond). improvements prior to final map approval. 38. Intersection line of sight Noted; Street plans Condition designs shall be submitted to the approved. satisfied City Engineer for approval. 39. The Applicant shall prepare Noted; Necessary striping Condition traffic control signing and striping improvements shown on satisfied plans in accordance with requirements street plans; street plans of the State of California Traffic approved. Manual prior to approval of final map. 40. A separate right -turn lane shall work completed; fee in- Condition be striped and appropriate signs lieu paid and accepted satisfied installed in the northbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Shadow Canyon Drive to the satisfaction of the City Engineer. 41. A separate right -turn lane shall Work completed; fee in- Condition be striped and appropriate signs lieu paid and accepted satisfied installed in the southbound direction prior to the recordation at the intersection of Diamond Bar of Tr 47851. Boulevard and Pathfinder Road to the approval of the City Engineer. 42. An additional left -turn lane Work to be inclucte7l witR Condition shall be striped and appropriate Diamond Bar Blvd/Brea satisfied signs installed in the southbound Canyon Intersection direction at the intersection of Improvement; Fee in -lieu Diamond Bar Boulevard and Brea Canyon paid and accepted prior to Road to the Approval of the City the recordation of Tr Page 7 CONDITION COMMENTS STATUS Engineer. 47851. Condition 43. A stop sign shall be installed Work completed; fee in- at the intersection of Wagon Train lieu paid and accepted satisfied Lane and Steeplechase Lane. The stop prior to the recordation sign shall be installed on Wagon of Tr 47851. Train along with fifty feet of double yellow striping, Type D pavement markers, stop legend and limit line. 44. Stop signs shall be installed at Shown on street plans Condition the intersection of Windmill Dr and approved. satisfied Wagon Train Lane, subject to approval of the City Engineer. 45. The Applicant shall contribute Fee paid, Receipt #23055 Conditson $7,500 toward the installation of a satisfied traffic signal at intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of the final map. 46. Provide separate underground Public utility and public Condition utility services to each parcel, services easements are satisfied including water, gas, electric power, provided in all private telephone, and cable TV, in streets and dedicated (see accordance with the respective Owners Statement, map utility company standards. Easements sheet sheet 1). See map. shall be provided as required by utility companies and approved by the City Engineer. 47. Applicant shall relocate No existing facilities Condition existing utilities as necessary. identified as necessary to satisfied be relocated. 48. Prior to submittal of the final Will serve from WVWD, SCE, Condition map, written certifications from SCG, GTE, and Jones CATV satisfied Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 49. Applicant shall install main and Reclaimed water plans not Condition service lines capable of delivery of approved; however, design satisfied reclaimed water to all portions of and construction the Tract and the system shall be guaranteed in subdivision designed to permit "switch over" of agreement (secured by nondomestic services on each lot at surety bond) time of availability of reclaimed water, all to the satisfaction of the City Engineer. (D) COMMUNITY DEVELOPMENT DEPARTMENT 1. Applicant shall pay the required Paid (receipt no. 023560) Condition park in -lieu fee prior to the satisfied recordation of the final map. 2. Conditions, covenants, and Note C&R`s approved. Condition restrictions (CC&R's) shall be satisfied provided to the Community Development Page 8 CONDITION Director for review and approval prior to recordation of the final map. The CC&R's shall include, but no be limited to, provisions requiring disputes involving interpretation or application of the CC&R's to be referred to a neutral third party mediation service with the cost thereof to be borne by the prevailing party, provide a maintenance program for "Urban Pollutant Basins", prelude construction or installation of barriers within wildlife movement corridors as required by the SEATAC Report dated April 8, 1991, and shall substantially comply with the CC&R's applicable to "The country". said CC&R's shall record concurrently with the final map or prior to the issuance of any building permit for or sale of any parcel. COMMENTS 3. The site shall be developed and Noted. maintained in accordance with the approved vesting Tentative Tract Map and plans approved by the City Council, as revised by these conditions of approval. STATUS Condition satisfied 4. The mitigation monitoring Noted; Compliance N/A at program dated May 29, 1992, and monitored during time of approved by the City council shall be construction. Costs Map implemented and rigorously complied estimated and fee payed approval. with. Applicant shall deposit, and prior to issuance of any maintain, with the City a fund in permits such amounts as required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. Exterior construction activities Noted. N/A a (grading, framing, etc.) shall be time of restricted to 7:00 a.m. to 5:00 p.m., Map Monday through Saturday, except that approval interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use age 9 CONDITION of reclaimed water shall be used whenever possible. COMMENTS STATUS 6. All lot shall be redesigned to Pad sizes verified on Condition provide a minimum pad size of 10,000 grading plan. See grading satisfied squuare feet. All other lots shall plan. maintain a minimum lot/ street frontage of 125 feet. 7. A detailed landscape slope Noted; Subdivision L S Condition planting and model home landscaping, plan substantially satisfied shall be prepared by a licensed approved week of 9/25/95; landscape architect and submitted for construction guaranteed in City review approval prior to subdivision agreement approval of the final map. Fence (secured by surety bond). details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. 8. All down drains and drainage Noted; shown on grading Condition channels shall be constructed in plan (Omaha Tan); plan satisfied muted earth tones so as to not impart approved. adverse visual impacts. 9. Ali oak trees and walnut trees Noted; L S plan Condition to be replaced shall be replaced at substantially approved satisfied the ratios and locations specified in week of 9/25/95. EIR 91-2. 10. Existing trees required to be Noted; L S plan Condition preserved in placed shall be substantially approved satisfied protected with a construction barrier week of 9/25/95 and in accordance with the Los Angeles grading plans approved County Code, and so noted on the 7/19/95. grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 11. Applicant shall contribute Paid 9/18/95, Receipt Condition $2,500. as its pro rata share for the #22728 satisfied Ecological Concept Study for Tonner Canyon and SEA No. 15. 12. Applicant shall pay development oted. Fees due prior to N/A at fees (including, but not limited to, issuance of building time of planning, building, and school fees) permits. Map at the established rates prior to approval. issuance of building permits. 13. Applicant shall prepare, and Noted. Due prior to sale a submit to the Director of Community of first lot. time of Development for approval prior to the Map sale of the first lot of the approval subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and Page 10 CONDITION ColurNrFumr walnt tree preservation issues, the exisence and constraints pertaining to SEA no. 15 and Tonner Canyon, explanatory information pertaining to restrictions on use of properties as necessary and similiar related matters. Applicant shall institute a program toinclude delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of the Applicant a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained in the "Buyer Awareness Package". Applicant shall incorporate within the CC&Rs a reference to the availiability of the "Buyer Awareness Package" and the fact that a copy thereof is on file in the office of the City Clerk of the City of Diamond Bar. (a) GENERAL REQUIREMENTS 1. This approval of Vesting Tentative Tract Map No. 48487 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an affidavit of Acceptance) and accepts all conditions of approval. ffidavit filed. STATUS Condition satisfied 2. All requirements of this oted; All that are Condition resolution, the applicable Zoning applicable prior to satisfied District, the City Codes, City approval of map have been departmental policies, rules and complied with. regulations of any local agency with jurisdiction thereof shall be complied with by the applicant OTHER: Page 11 ,GE:1 IF LOTSS::15 TRACT NO. 48487 5 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF PARCELS 6.7 AND 8 OF PARCEL MAP N0. 1528. AS PER MAP FILED IN BOOK 26 PAGES 19 TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MAY 1995 DOUGLAS R. SMITH L.S. 5343 PFEILER AND ASSOCIATES ENGINEERS VS STATEMENT 'sREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP IN THE DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE 1RATION AND FILING. IRTHER STATE THAT, EXCEPT AS SHOWN ON A COPY OF THIS MAP ON IN THE OFFICE OF THE CITY ENGINEER, WE KNOW OF NO EASEMENT IRUCTURE EXISTING WITHIN THE EASEMENTS HEREIN OFFERED FOR :ATION TO THE PUBLIC OTHER THAN PUBLICLY OWNED WATER LINES, IS OR STORM DRAINS, THAT WE WILL GRANT NO RIGHT OR INTEREST EN THE BOUNDARIES OF SAID EASEMENTS OFFERED TO THE PUBLIC, in WHERE SUCH RIGHT OR INTEREST IS EXPRESSLY MADE SUBJECT TO SAID EASEMENTS. :EREBY ABANDON ALL RIGHTS OF FURTHER SUBDIVISION IN ANY FR AND OF CONSTRUCTION RIGHTS OF MORE THAN ONE RESIDENTIAL -TURE AND ITS ACCESSORY USES ON ANY IAT AS SHOWN ON THIS WE HEREBY DEDICATE TO THE CITY OF DIAMOND BAR THE RENTS FOR PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES AND ALL INCIDENTAL THERETO INCLUDING THE RIGHT TO MAKE CONNECTIONS EWITH FROM ANY ADJOINING PROPERTIES. WE ALSO DEDICATE TO CITY OF DIAMOND BAR THE EASEMENTS FOR SANITARY SEWER SFS OVER AND ACROSS THOSE PRIVATE STREETS SHOWN AS WINDMILL E AND OAK KNOLL DRIVE. IEREBY IRREVOCABLY OFFER FOR THE PUBLIC USE FOR STREET OSES THE CERTAIN STRIPS OF LAND DESIGNATED AS PRIVATE ETS SHOWN ON SAID MAP, RESERVING UNTO OURSELVES ALL ORDINARY OF SAID LAND EXCEPT THE ERECTION AND CONSTRUCTION OF ANY CTURE NOT ORDINARILY PLACED IN PUBLIC STREETS UNTIL SUCH AS SAID STREET IS ACCEPTED AND OPENED FOR PUBLIC USE. WE BY IRREVOCABLY OFFER FOR THE PUBLIC USE FOR STORM DRAIN OSES THE CERTAIN STRIPS OF LAND DESIGNATED AS PRIVATE (AND RE) EASEMENT FOR STORM DRAIN PURPOSES SHOWN ON SAID MAP, RVING UNTO OURSELVES ALL ORDINARY USES OF SAID LAND EXCEPT ERECTION AND CONSTRUCTION OF ANY STRUCTURE NOT ORDINARILY ED IN STORM DRAIN EASEMENTS UNTIL SUCH TIME AS SAID STORM N EASEMENT IS ACCEPTED BY THE GOVERNING BODY. ALL AS SHOWN PHIS MAP. WE DO HEREBY, AND FOR OUR HEIRS, EXECUTORS, NISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY E THAT ALL PRIVATE AND FUTURE STREETS SHOWN ON SAID MAP WILL PT DRAINAGE FROM ADJOINING STREETS WHETHER IT BE A PUBLIC OR 'ATE STREET AND FURTHER AGREE THAT THE CITY OF DIAMOND BAR IS HY HELD FREE AND CLEAR OF ANY CLAIMS OR DAMAGES ARISING FROM DRAINAGE. HE.eE.6Y OEO�t'S97E 717 TilE t'i73'Oi'O/,9irA�uv Q.4.e 7?/E ,�iGyY7?� WW/ THE E.QEC77aA1 OF 9u/27 p7WZ50 //iv Tib1'E.a¢EASd/Gd/9fF0 AS PES7Pil7Eo vr,5- �peEas. ' VICTORIA HU WU, OWNERS- a, 'l7VG/I/C�TORIA CHU WU _ : OF CANTON OF CALIFORNIA, AS BENEFICIARY UNDER A DEED OF {T RECORDED JULY 1, 1993, AS INSTRUMENT NO. 93-1263643, :CIAL RECORDS. CHR I STJ > 2e! j&t,. 6zyA1,6Bphk�+r PRINTED NAME, TITLE PRINTE NAME, TITLE d SHEET 1 OF S SH SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STA' OF CALIFORNIA: THAT THIS FINAL MAP, CONSISTING OF 5 SHEETS, . A TRUE AND COMPLETE SURVEY AS SHOWN, AND WAS MADE BY ME OR UND: MY DIRECTION ON DECEMBER 7, 1993: THAT THE MONUMENTS OF T] CHARACTER AND LOCATIONS SHOWN HEREON WILL BE IN PLACE WITH. TWENTY-FOUR MONTHS FROM THE FILING DATE OF THIS MAP, THAT SA. MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED A THAT TIE NOTES TO ALL CENTERLINE MONUMENTS SHOWN AS 'TO BE SE WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WITH. TWENTY-FOUR MONTHS FORM THE FILING DATE SHOWN HEREON. DOUG R. SMITH L.S. 5343 EXP. 12-31-95 CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT IT CONFORM SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIO: THEREOF; THAT ALL PROVISIONS OF STATE LAW AND SUBDIVISI, ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND A. PROVISIONS OF THE SUBDIVISION MAP"ACT SECTION 66450 (a) (1) AND (3) HAVE BEEN COMPLIED WITH. DATE: ' GEORGE A. WENTZ R.C.E. 43273 EXPIRES: MARCH 31, 1996 CITY ENGINEER, CITY OF DIAMOND BAR REVIEWED FOR THE CITY OF DIAMOND BAR BY: CHARLES ABBO' ASSOCIATES I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLI: WITH ALL PROVISIONS OF THE STATE LAW APPLICABLE AT THE TIME APPROVAL OF THE TENTATIVE MAP, AND THAT I AM SATISFIED THAT TH MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO THE CITY ENGINEER. MICHAEL D. MYERS R.C.E. 30702 DATE: OF: CHARLES ABBOTT ASSOCIATES 371 VAN NESS WAY, $200, TORRANCE, CA CITY COUNCIL STATEMENT I HEREBY STATE THAT THIS MAP WAS PRESENTED FOR APPROVAL TO T CITY COUNCIL OF THE CITY OF DIAMOND BAR AT A REGULAR MEET:. THEREOF HELD ON THE OF , 1995, AND THAT THEREUF SAID COUNCIL DID, BY AN ORDER DULY PASSED AND DID APPROVE T ATTACHED MAP. SAID COUNCIL•DID ACCEPT, ON BEHALF OF THE PUBLI THE OFFER OF DEDICATION OF: �A. THE RIGHT TO PROHIBIT T ERECTION OF BUILDINGS AND OTHER STRUCTURES WITHIN THDSE ARE DESIGNATED AS RESTRICTED USE AREAS; B. THE EASEMENTS FOR PUBI UTILITY AND PUBLIC SERVICES PURPOSES AND USES INCIDENTAL THERE INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM A ADJOINING PROPERTIES: C. THE EASEMENTS _FOE,_ SANITARY SEW TRACT NO 48487 SHEET 2 OF IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES STATE OF CALIFORNIA PFEILER & ASSOCIATES ENGINEERS, INC. MAY 1995 JRSUANT TO CHAPTER 6, ARTICLE 1, SECTION 66499.20 1/2 OF THE ISDIVISION MAP ACT, THE FILING OF THIS MAP CONSTITUTES 3ANDONMEMT OF THE EASEMENT FOR UTILITY, OPEN SPACE USE AND )VESTRIAN AND HIKING TRAIL PURPOSES. THE EASEMENTS FOR SLOPE )RPOSES AND THE OFFERS OF DEDICATION OF EASEMENTS FOR PUBLIC )AD AND HIGHWAY PURPOSES, NOT SHOWN ON THIS MAP THAT ARE HELD THE CITY OF DIAMOND BAR, SUCCESSOR IN INTEREST TO THE COUNTY MENT RECORDED OCTOBER 12, 1988 AS LOS ANGELES, AS IN THAT DOCU ISTRUMENT NO. 88-1642210 OF OFFICIAL RECORDS AND AS SHOWN ON ACEL MAP 1528, FILED IN BOOK 26, PAGES 19 TO 39 OF PARCEL MAPS D IN THAT DOCUMENT NO. 3544 JUNE 19, 1970 IN BOOK D4746, PAGE 8 OF OFFICIAL RECORDS AND DOCUMENT NO. 3545 RECORDED JUNE 19, 70 IN BOOK M3513 PAGE 798 OF OFFICIAL RECORDS. SIGNATURE OMISSIONS THE SIGNATURE OF VIVIAN MORRIS BOTTI, WHO ACQUIRED T VIVIAN MORRIS HOLDER OF OIL, GAS OR MINERAL RIGHTS (LEASE) RECORDED MARCH 8, 1960 IN BOOK D774 PAGE 315, C RECORDS HAS BEEN OMITTED PURSUANT TO THE PROVISIONS OF 66436 (a) (3) (C) OF THE SUBDIVISION MAP ACT. THE SIGNATURES OF SUSAN HUNTER FERRY HAAS, WILLIAM EDWARI GEORGE S. ST. CLAIR, CLARITA ODETTE, HELEN M. SMITH, SWAN REGETS AND LOUIS BOTTI, ACTING AS GUARDIAN OF THE AND ESTATE OF VIVIAN MORRIS BOTTI, HOLDER OF OIL, GAS OR RIGHTS BY DEED (LEASE) RECORDED MARCH 8, 1960, IN B001 PAGE 312, OFFICIAL RECORDS HAS BEEN OMITTED PURSUANT PROVISIONS OF SECTION 66436 (a) (3) (C) OF THE SUBDIVZS. ACT. THE SIGNATURES OF THE DIAMOND BAR DEVELOPMENT CORPORA, CALIFORNIA CORPORATION HOLDER OF OIL, GAS AND MINERAL RI( DEED (LEASE) RECORDED ON JUNE 24, 1970 IN BOOK D-4750, PAI INSTRUMENT N0. 1232 OFFICIAL RECORDS HAS BEEN OMITTED P[ TO THE PROVISIONS OF SECTION 66436 (a) (3) (C) f SUBDIVISION MAP ACT. THE SIGNATURES OF THE BANK OF CALIFORNIA, N.A., A NA RANKING ASSOCIATION, AS TRUSTEE HOLDER OF AN EASEME) INGRESS AND EGRESS, ROAD AND HIGHWAY PURPOSES BY DEED RE JUNE 30, 1971, AS INSTRUMENT NO. 3057, OFFICIAL RECORDS HA OMITTED PURSUANT TO THE PROVISIONS OF SECTION 66436 (a) ( (i -viii) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST I THAT IT CANNOT RIPEN INTO A FEE. THE SIGNATURES OF SOUTHERN CALIFORNIA EDISON COMPAI CALIFORNIA CORPORATION HOLDER OF AN EASEMENT FOR UTILITIES BY DEED RECORDED APRIL 26, 1990, AS INSTRUMENT N� 771715, OFFICIAL RECORDS HAS BEEN OMITTED PURSUANT T PROVISIONS OF SECTION 66436 (a) (3) (A) (1 -viii) O'. SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT t RIPEN INTO A FEE AND SAID SIGNATURE IS NOT REQUIRED BY AGENCY. COUNTY OF LOS ANGELES HOLDER OF EASEMENTS FOR RIDING AND ) TRAILS AND UTILITY PURPOSES BY A FINAL ORDER OF CONDEMD RECDRDED JULY 18, 1990 AS INSTRUMENT NO. 9C-:256742, OFF RECORDS HAS BEEN OMITTED PURSUANT TO THE PROVISIONS OF SE 66436(a) 3(a) (i -viii) OF THE SUBDIVISION MAP ACT AS INTEREST CANNOT RIPEN INTO FEE. 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O`a°•'Sn � � •tot. \ `'��, 4�'%� ?ice '� O L4' [ tib �• O?c _ ati. Z ®. . �. 1 ` OE SHEET 4 OF 'S :ALE 1-- 100 TRACT NO, 4 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES 1 STATE OF CALIFORNIA ;1 LLJj 1 I PFEILER 6 ASSOCIATES ENGINEERS, INC. z) I MAY 1995 J / QQ'0A V, PGON/� y� X02 1P' 2 � z Al ti � tib 6 5 X00 901 \\ O NOTE: AREAS IN AND ADJACENT TO NATURAL DRAINAGE COURSES ARE SUBJECT TO FOOD HAZARD. • INDICATES BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. FOR ADDITIONAL STORM DRAIN AND DRAINAGE EASEMENTS SEE SHEET 3 LEGEND: 3 pgIVATE (AND FUTURE) EASEMENT FO PURPOSES AND EASEMENT FOR PUBLIC AND PUBLIC SERVICES PURPOSES EASEMENT FOR SANITARY SEWER PURP O AP/U�7T� �o FUTU•eE� F�SE.a�ti ICON Pti.P�SES O6 CENTERLINE OF 15' EASEMENT TO CC LOS ANGELES PER FINAL ORDER OF C INSTRUMENT NO. 1256742 RECORDED, O.R. O EASEMENT FOR SLOPE AND DRAINAGE PURPOSES TO BE RESERVED IN DOCUI CALE1._100 46487 TRACT NO, IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES STATE OF CALIFORNIA Lul t� PFEILER 6 ASSOCIATES ENGINEERS, INC. Zl 1 MAY 1995 QJ -T — — — — —_ JI hr -------4 0 W PG�N .. / � � / o�'�•�02 \ aQ�Q \ S Nps \ �• �� >m NOTE: AREAS IN AND ADJACENT TO NATURAL DRAINAGE COURSES ARE SUBJECT TO FLOOD HAZARD. • A- INDICATES BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP- SHEET 5 OF LEGEND rr ® RESTRICTED USE AREA NOTE: PORTIONS OF LO r I THROUGH 15 ARESUe TO GEOLOGIC HAZARD � s� � 540.5°� ` l �� 8 ,, 0 0 62 \ 6 O 61.84 �\ y°p \ �� 7 \ 021 Flo � hti \ ® M 23 • >6 O� hhh \ \ ' � 09' ®' IST. TANGENT \ v 30 65.60 \ 33 69.84 \ SHEET 5 OF LEGEND rr ® RESTRICTED USE AREA NOTE: PORTIONS OF LO r I THROUGH 15 ARESUe TO GEOLOGIC HAZARD � s� 46•a�:E `'" 540.5°� ` l �� 8 ,, 0 0 62 ? 1 1 6 •a _ 4 61.84 mJo 7 \ 021 Flo � hti \ ® M 23 • >6 � 14 Z hhh \ \ ' � 09' ®' i 626 0 \ 00, \ 2. 0 \ ® 5 0 -/ \ 8p A" \ �¢ V 62• A A 3 v aNo 7 .66 N ' •0 ' 250.OD 10 2�. N 13 � y \ 9 ,4 6',• •N �Z 1 I 1 • Jul N p roSD•2A•d 1N 25D.DD ,_ � 31�13a.99 �i 139.00 1 N 71'55'22' jr