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HomeMy WebLinkAboutAGENDA REPORT 2021 0505 CCSA REG ITEM 09CCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of May 5, 2021 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2021- 4005, as Amended. (Roll Call Vote: 4-0, Councilmember Castro Absent). BY B. Garza. C. Consider Resolution for the Approval of Final Tract Map No. 5906 – A-B Properties and Authorize the City Manager to Execute the Subdivision Improvement Agreement. Staff Recommendation: 1) Adopt Resolution No. 2021-4005, approving Tract Map No. 5906; 2) Authorize the Mayor and the City Clerk to sign Tract Map No. 5906; 3) Authorize the City Manager to execute the Subdivision Improvement Agreement, subject to final language, and accept the provided sureties for all improvements as required by the Subdivision Improvement Agreement; and 4) Authorize the City Clerk to record Tract Map No. 5906 in the office of the Ventura County Recorder. (Staff: Daniel Kim) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, Public Works Director/City Engineer DATE: 05/05/2021 Regular Meeting SUBJECT: Consider Resolution for the Approval of Final Tract Map No. 5906 – A-B Properties and Authorize the City Manager to Execute the Subdivision Improvement Agreement SUMMARY Tract Map No. 5906 is for the resubdivision of the previously approved and recorded Tract Map No. 5147 for 17 industrial lots on 34.7 acres, located 1,300 feet west of Gabbert Road and north of Southern Pacific Railroad right-of-way. City staff from both the Community Development and Public Works/Engineering Departments worked closely with the subdivider’s consultant team on the preparation and review of Tract Map No. 5906. The Final Tract Map was reviewed by the City’s consultant plan reviewer and was found to be in substantial conformance to the approved Tentative Tract Map. It is staff’s recommendation that the City Council adopt a resolution approving Final Tract Map No. 5906 and authorize the City Manager to execute the Subdivision Improvement Agreement BACKGROUND On March 21, 2007, the City Council approved Tract Map No. 5147 for the subdivision of 17 industrial lots, a dedicated lot with a conservation easement for open space, and one lot for landscape purposes on 34.7 acres, located 1,300 feet west of Gabbert Road and north of Southern Pacific Railroad right-of-way. During the development phase of Tract 5147, a dispute between Southern California Edison and A-B Properties arose from the grading of an access road from Gabbert Road to the eastern tract boundary. The easement for the proposed access road was recorded on top of an exclusive easement already held by Southern California Edison. A Settlement Agreement between Southern California Edison, the Hitch Ranch property owners, and A-B Properties resolved the access issues and placed terms and restrictions on the construction and use of this access road. The resulting actions from the Settlement Agreement prompted the subdivider to reexamine new access locations to Tract 5147, its internal streets and circulation, and lot configuration and layout. Item: 9.C. 232 Honorable City Council 05/05/2021 Regular Meeting Page 2 On August 17, 2012, A-B Properties filed an application for Tentative Tract Map No. 5906, to resubdivide the previously approved and recorded Tract No. 5147 to address new lot configurations, ingress/egress points, and right-of-way dedications for future North Hills Parkway. On May 15, 2013, the City Council adopted Resolution No. 2013-3182, approving Tentative Tract Map No. 5906, a resubdivision of Tract No. 5147 for 17 industrial lots on 34.7 acres, located 1,300 feet west of Gabbert Road and north of Southern Pacific Railroad right-of-way. In addition to the approving resolution, which is subject to the Standard and Special Conditions of Approval, a Development Agreement (City Council Ordinance No. 416) by and between the City of Moorpark and A-B Properties was executed on February 15, 2013, for the development of the property described by Tentative Tract No. 5906 and considerations for future public improvements. The subdivider, A-B Properties, is resubdividing the previously approved and recorded Tract Map No. 5147 with the same number of lots and open space dedication. The primary differences between the two tracts are the internal layout, primary access road conditions, and changes to private and public infrastructure improvements. The following figure provides an overlay of the two tract maps and highlights the changes in the internal design layout. The red, dashed linework maps the existing Tract 5147 and the black linework maps the new Tract 5906. In summary, the major changes from the previously approved and recorded tract map are as follows: • Ingress/egress to and from the east-west segment of future North Hills Parkway, located at the easterly tract boundary (Castlebrite Street). • Ingress/egress location to and from the north-south segment of future North Hills Parkway has moved to the north (Tri Gem Court). • Reduce right-of-way dedication for future North Hills Parkway from 120 feet to 100 feet along the north tract boundary. 233 Honorable City Council 05/05/2021 Regular Meeting Page 3 The term of Tentative Tract Map No. 5906 will expire eight (8) years after its approval, which, as previously mentioned, was on May 15, 2013. Therefore, Tentative Tract Map No. 5906 will expire on May 15, 2021. DISCUSSION City staff from both the Community Development and Public Works/Engineering Departments worked closely with the subdivider consultant team on the preparation and review of Tract Map No. 5906. Standard and Special Conditions of Approval and terms of the Development Agreement were also reviewed by city staff to ensure its 234 z .. N 89"53'58" W 1320 .96' 1072.18 ----------------------NOR+t,,i..-MU.bS-AARKWA¥-------------------- LOT "A" HATCH LEGEND MONUMENT NOTES I::,. e• SPIKE & WASHER STAMPED "LS «94" TO 8E SET FLUSH IN ASPHAI.T AT ,u, STREET CEtlTERLIN E POINTS OF INTERSECTION, CURVATURE. RAOII , ANO TEIMNATION . Q 2" IRON PIPE TAGG ED "LS 4-484" TO BE SET FLUSH AT ALL BOUNDARY CORNERS. 0 TYP£ E4 1/ENTURA COUNTY Wfil MONUMENT TO BE SET AT ALL CENTERLINE STREET INTERSECTIONS. Honorable City Council 05/05/2021 Regular Meeting Page 4 compliance, and their timing, prior to the approval of Tract Map No. 5906 and its subsequent recordation with the County Clerk and Recorder’s Office. The City Engineer has caused the Final Tract Map to be reviewed and is satisfied that it is technically accurate and in substantial conformance to the approved Tentative Tract Map. The street names were approved by City staff and the Fire Department and is consistent with the approved Tentative Map. There are several dedications that are made part of Tract Map 5906. The dedications are as follows: • Irrevocable offer to dedicate right-of-way for future North Hills Parkway along the entire length of the north and west sides, east of Gabbert Channel, of the property. The minimum width of the right-of-way dedication shall be 100 feet. • Irrevocable offer to dedicate an access easement over the private streets: Goldbar Drive, Tri Gem Avenue, Tri Gem Court, and Castlebrite Street. • Irrevocable offer to dedicate an access easement for storm drainage and appurtenant structures over the private streets: Goldbar Drive, Tri Gem Avenue, Tri Gem Court, and Castlebrite Street. • Conservation easement over Lot A, including Gabbert Channel, to retain a predominantly open space condition. In addition to the Conditions of Approval, the Development Agreement requires the subdivider to prepare and gain approval from the City Manager an Implementation Plan to address the requirements for phasing and construction responsibilities, including sureties for performance for all grading, construction of storm drain and utilities, private and public streets, and other private and public improvements, both onsite and offsite, required by Tentative Tract No. 5906. This Implementation Plan has been replaced by a Subdivision Improvement Agreement and will be executed prior to the recordation of the approved Tract Map No. 5906. The formation of a Property Owners Association and its Conditions, Covenants, and Restrictions (CC&Rs) will be finalized prior to the recordation of Tract Map No. 5906 and will be recorded as part of the Final Map. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 235 Honorable City Council 05/05/2021 Regular Meeting Page 5 STAFF RECOMMENDATION 1. Adopt Resolution No. 2021-____, approving Tract Map No. 5906; 2. Authorize the Mayor and the City Clerk to sign Tract Map No. 5906; 3. Authorize the City Manager to execute the Subdivision Improvement Agreement, subject to final language, and accept the provided sureties for all improvements as required by the Subdivision Improvement Agreement; and 4. Authorize the City Clerk to record Tract Map No. 5906 in the office of the Ventura County Recorder. Attachment 1: Resolution No. 2021-____ Attachment 2: Location Map Attachment 3: Aerial Map Attachment 4: Final Tract Map No. 5906 Attachment 5: Subdivision Improvement Agreement 236 ATTACHMENT 1 RESOLUTION NO. 2021-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TRACT MAP NO. 5906, A-B PROPERTIES WHEREAS, the City Council adopted Resolution No. 2013-3182, approving Tentative Tract Map No. 5906; and WHEREAS, Tract Map No. 5906 will allow a resubdivision of Tract No. 5147 for 17 industrial lots on 34.7 acres, located 1,300 feet west of Gabbert Road, north of Southern Pacific Railroad right-of-way; and WHEREAS, the City Engineer/Public Works Director and Community Development Director have reviewed the Conditions of Approval of Resolution No. 2013-3182 to ensure compliance prior to the approval of the Final Tract Map and recordation; and WHEREAS, the survey monuments for this subdivision have not been set by the subdivider’s surveyor; therefore, Monumentation Bonds are required to guarantee the installation of monuments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark hereby approves Tract Map No. 5906 and directs that the Mayor sign and the City Clerk cause to be recorded. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of May, 2021. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 237 ATTACHMENT 2 Location Map Note: Highlighted tract boundary depicts the previously approved and recorded Tract 5147. 238 L I z i ,i j _---4-------' I ----1---- f:lps-AngeleM,ve I trLos Angeles Ave f l -E bos An9,etes.Av1!-____ _ / l~ ATTACHMENT 3 Aerial Map Note: Highlighted tract boundary depicts the previously approved and recorded Tract 5147. 239 ATTACHMENT 4240OWNER'S STATEMENT: Tl-IE UNDERSIGNED HERESY STATE 11-IAT THEY ARE THE OWNERS Of, OR ARE INTERESTED IN THE R£AL PROPERTY INCLUDED WITHIN THIS SUBOMSK>N ENTTTl.ED TRACT NO. S906, SHOWN ON THIS MAP, THAT THEY ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS TITLE TO SAID R£AL PROPERTY. THAT THEY CONSENT TO Tl-IE MAKING ANO RECOROATION Of SA.IQ MAP ANO SUBOMSIOH AS SHOWN WITHtN THE EXT£RKJR BOUNDAA'Y LINE. Nm ll-lAT THEY 00 HEREBY OffER TO DEDICATE TO THE CllY OF MOORPARK FOR PUER.X: USE THE RIGHT-OF-WAY, IN FEE, FOR NORTH HILLS PARKWAY. AND THAT THEY DO HEREBY OFFER TO DEDICATE TO THE CITY OF MOORPARK, A CONSERVATION EASEMENT OVER LOT •1,,: AND THE LAND WILL BE PRESERVED IN PREOOMINANTLY OPEN SPACE CONDITIONS CONSISTENT Will-I CML CODE SECTION 815 ET SEO., EXCEPT FOR THE FOU.OWING PURPOSES: TEMPORARY CONSTRUCTION (INCLUDING TEMPORARY PUMPING NEEDED FOR OEWATERING AS PART Of N('( APPROVED GRADING OPERATIONS FOR THE PROPERTY), LANDSCAPE MAINTENANCE OF MANUFACTURED SLOPE AREAS. VEGETATION CL.fARANCE WITHIN TWO HUNDRED (200) fE£T OF AHY STRUCTURE FOR ARE HAZARD REDUCTION, REVEGETATION ANO BIOLOGtCAL HABfTAT ENHANCEMENT REQUIRED BY CITY CONStSTENT WITH AHY MITIGATION MONITORING PROORAM. DRAINAGE CONvEYANCE, EMERGENCY ACCESS ANO EXTENSION OF STATE ROUTE 118. HO EXCAVATION, DRIWNG, EXTRACTION, PUMPING (EXCLUDING SUCH PUMPING AS MAY BE NEEDED FOR DEWATERING AS PART OF APPR<MO GRADING OPERATIONS), MINING, OR SIMILAR ACTMTY SHAU. BE ALLOWED IN NM PORTION OF LOT .•. ANO THAT THEY DO HEREBY IRREVOCABLY OFFER TO DEDICATE TO THE C1TY OF MOORPARK ON BEHALF OF' ALL GOVERNMENTAL AGENCIES PROVIDING FOR THE PUBLIC SAFETY, HEALTH AND WflFARE. AN ACCESS EASEMENT OVER GOlOBAR ORM:. TRI GEM AVENUE, TRI GEM COURT, AND CASTL.EBRtTE STREU AS SHOWN ON THrs MAP. ANO THAT THEY DO HEREBY IRRE'VOCABLY OfFER TO OEOtCATE TO THE CITY OF' MOORPARK AN EASEMENT FOR STORM DRAINAGE ANO APPURTENANT STRUCTURES, INGRESS ANO EGRESS, ANO INCIDENTAL PURPOSES OYER GOI...DBAR DRIVE, TRI GEM AVENUE, TRI GEM COURT, ANO CASTlEBRJTE STREET AS SHOWN ON THIS MAP. ANO THAT THEY ALSO 00 HEREBY OfFER TO DEDICATE TO VENTURA COUNlY WATERWORKS OISTRtCT NO. 1, THE EASEMENTS FOR ACCESS, WATER PIPELINE ANO SANITARY SEWER PURPOSES OVER GOLOBAR DRIVE. TRI GEM AVENUE, TRI GEM COURT, ANO CASTI.£BRITE STREET AS SHOWN ON THIS MAP. ANO THAT THEY DO HEREBY Off'ER TO DEDICATE TO THE CITY Of MOORPARK, ALL RIGHTS OF INGRESS N-lO EGRESS OVER N-lO ACROSS THE: I} WESTERLY LINES OF LOTS 1. 2, J, 5 ANO 6 ABUTTING NORTH HUS PARKWAY. 2) NORTHERLY LINES OF LOTS 6. 7, 8, 9 AND 10 A8V11lNG NORTH H4l.LS PliRKWAY. IN ORDER THAT lHE OWNERS Of SAID LOTS SHAU. HAVE NO RIGHTS Of ACCESS WHATSOEVER TO SAID NORTH HILLS PARl<WAY EXCEPT THE GENERAL RIGHT-Of-WAY TRAVEL WHICH BELONGS TO THE WHOl.E PUBLIC. ANO THAT OWNER AGREES THAT ALL STREETS WITH lHE EXCEPTION Of NORTH HILLS PARKWAY WITHIN lHE SUBDMS/ON SHAU. BE MAINTAINED AS PRIVAT[ STREETS, WILL FORM A PROPERTY OWNER'S ASSOCIATION FOR THE MAINTENANCE OF lHE PRIVATE STREETS WITHIN THIS SUBOMSION ANO SHALL CONSTRUCT THESE ROADS TO PUBUC STREET STANDARDS. THE PROPERTY OWNER'S ASSOCIATION SHALL MAINTAIN lHESE ROADS UNTIL SUCH TIME AS THE CITY MAY CHOOSE TO ACCEPT THE IRREVOCABLE OFTER Of' DEDICATION ANO ACCEPT THESE STREETS INTO THE CITY SYSTEM SO LONG AS lHESE STREETS HAVE BEEN MAINTAINED TO CITY STANOAAOS. ~R~~o:;,~~~~~~BU~~:~,,: ~~NAf~O A CAUFORNIA CORPORATION, WHO ACQUIRED TlTlE le, BURNES-PACIAC CONSTRUCTION, INC. A CAUFORNIA CORPORATION, le, TO NI UNDIVIDED 50" INTEREST ~().-&u, .... , SIGNATURE l.Jy A. ,3,,n.s SIGNATURE PfflNT P".s ,'ch,,.,_ PfflNT TITl£ Till£ SIGNATURE SIGNATURE PRINT PRINT TITl£ TITl£ SIGNATURE SIGNATURE Ala 1?v,L.. PR1NT PR1NT ~;,,,ls;,•'°"~ TITl£ SURVEYOR'S STAlEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANO IS BA.SEO ON A FIELD SURVEY PERFORMED IN CONFORMANCE WITH THE REQUIREMENTS OF' 11-IE SUBOMSION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST Of A-C CONSTRUCTION, IN NOVEMBER, 2017. I HEREBY STATE THAT THTS flNAL MAP SUBSTNffiALLY CONFORMS TO 11-IE CONDlllONALLY APPROVED TENTATIVE MAP. I HEREBY STAT[ THAT All MONUMENTS ARE OF THE CHARACTER AND OCCUPY lHE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITlONS WITHIN ONE YEAR AFTER RECORO.,.TK>N OF THIS TRACT MAP ANO THAT SAID MONUMENTS ARE OR Will BE SUFFlCIENT TO ENABLE THE SURVEY TO BE RETRACED, TIE SHEETS TO ALL CENTERLINE MONUMENTS SHOWN HER£0N AS SET BY ME WILL BE ON flLE IN THE omcE OF THE CrtY ENGINEER PRIOR TO ACCEPTANCE OF THE IMPROVEMENTS INTO THE CITY STREET SYSTEM. dU.,. ,P~ ~-z.? GLEN L Ml.BERS PlS +494 CllY SURVEYOR'S STAlEMENT: I HEREBY STATE THAT I HAVE EXAMINED THE FINAL MAP ENTTTl..ED TRACT NO, 5906 ANO I AM SATISflED THAT IT IS TECHNICAU..Y CORRECT. O.,.TE: 04--t.~.1.I BYc ~ CHRtS NELSON PlS 6385 CONSULTANT CrtY SURVEYOR CITY OF MOORPARK CllY ENGINEER'S STATEMENT: I HEREBY STATE Tl-lAT I HAVE EXAMINED Tl-IE FINAL MAP ENlTTl.EO TRACT No. 5906, THAT THE SUBOMSlON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON 11-IE TENTATIVE MAP ANO NM APPROVED ALTERATIONS 11-IEREOF, THAT ALL PRO'vlSlONS Of THE SUBOMSiON MAP ACT Of' THE STATE Of CALIFORNIA AND OF' NM LOCAL ORDINANCE APPLICABLE AT THE TIME Of APPROVAL OF lHE TENTATIVE MAP HAVE BEEN COMPLIED WITH. O.,.TE: ----· 202._ DANIEL KIM, CITY ENGINEER Of MOORPARK R.C.E. 70701 COUNTY RECORDER CERTIFlCATE: DOCUMENT f·-----FlLEO THIS DAY OF ____ , 202-, AT _______ IN BOO!(___ OF' MISCEUANEOUS RECORDS (MAPS) AT PAGES AT THE REQUEST OF BURNS-PACIFlC CONSTRUCTION, INC. MARK A LUNN COUNTY RECORDER COUNTY OF VENTURA BYc _______ _ DEPUTY COUNTY RECORDER SEE NOTARY ACKNOWEDGMENTS, SOILS REPORT DATA, AND SIGNATURE OMISSION STATEMENTS ON SHEET 2 COUNTY TAX COl.l.ECTOR CERTIFICATE: I HEREBY CERTIFY THAT All CERTIFlCATES ANO SECURITY REOUIREO UNDER THE PRCMStONS Of SECTIONS 66-492 AND 66-493 Of THE SUBOIVtSK>N MAP ACT HAVE BEEN FILED ANO DEPOSITED WITH ME. O,.TE _____ 202_. STEVEN HINTZ COUNTY TAX COllfCTOR COUNTY OF VENTURA BY-·--------DEPUTY COUNTY TAX CQllECTOR WATERWORKS DISTRICT ACCEPTANCE CERTIFICATE: ll·HS IS TO CERTIFY THAT THE EASEMENTS FOR ACCESS. WATER PIPELINE ANO SANITARY SEWER PURPOSES Of'FERED HEREON TO 11-IE VENTURA COUNTY WATERWORl<S DISTRICT NO. 1, A GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED BY THE UNDERSIGNED OffiCER ON BEHALF OF SAID DISTRICT PURSUANT TO AUTHORITY CONFERRED BY RESOLUTION OF THE BOAAO OF SUPERVISORS OF VENTURA COUNTY ADOPTED ON APRIL 7, 1998. O,.TE _____ 202-. DANIEL J. WALSH COUNTY SURVEYOR COUNlY Of VENTURA DANIEL J. WALSH, PI.S 75-40 CllY COUNCIL CERTIFICAlE: THIS MAP ENTTTl..ED TRACT No. 5906, CONSISTING OF 4 SHEETS, IS PRESENTED TO 11-IE CITY COUNC1l OF THE CITY OF MOORPARK Of' VENTURA COUNlY. CAIILFORNIA. AT A REGULAA: MEETING OF' SAID COUNCIL HELD ON THE __ O,.Y Of ==-== 20_. FOR APPROVAL. SAID COUNCIL HEREBY APPROVES SAID MAP AND DOES HEREBY ACCEPT THE FOllOWING ITEMS: I) FOR PUBLIC USE THE RIGHT-OF-WAY. IN FEE, NORTH HILLS PARKWAY AS SHOWN ON THIS MAP. 2) A CONSERVATION EASEMENT CONSISTENT WITii CML CODE SECTION 615 CT. SEQ .. OVER LOT '"A'", WITH THE EXCEPTIONS NOTED IN THE OWNER'S STATEMENT HEREIN. 3) THE ACCESS EASEMENT OVER GOtDBAR ORM, TRI GEM AVENUE, TRI GEM COURT, ANO CASTLEBRITE STREET AS SHOWN ON THIS MAP ON BEHALF OF All GOVERNMENTAL AGENCIES PR(MOING FOR THE PUBUC SAFETY. HEAL.TH AND WELFARE. -4) ALL RtGHTS Of INGRESS ANO EGRESS AS OFFERED HEREON. HOWEVER, THE OFFER Of AN EASEMENT FOR STORM DRAINAGE ANO APPURTENANT STRUCTURES, INGRESS ANO EGRESS, ANO INCIDENTAL.. PURPOSES OVER GOl..OBAR DRIVE, TRI GEM AVENUE, TRI GEM COURT, ANO CASTlEBRJTE STREU IS HEREBY REJECTED. IN WITNESS WHEREOF, SAID CITY COUNCIL HAS CAUSED THIS CERTIFlCATE TO BE S1GNEO BY THE MAYOR ANO AITTSTEO TO BY 11-IE CITY CLERK OF SAID CITY AND THE CORPORATE SEAL OF SAID CITY OF MOORPARK TO BE AFFIXED HERETO. THIS __ o,.y Of ______ 202._. ATTEST. JANICE PARVIN KY SPANGLER MAYOR OF THE CITY Of MOORPARK CITY CLERK OF THE CfTY OF MOORPARK GROSS AREA: 34.70 ACRES TRACT NO. 5906 IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 17 INCLUSIVE, AND LOTS A AND B, PRIVATE STREETS, OF TRACT NO. 5147 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 158, PAGES 37 TO 40, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MARCH 2021 SHEET 1 OF 4 SHEETS 241NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER Of'flCER COMPL£TING THIS CERTIFICATE \1£RIFIES ONLY THE IDENTITY OF THE INDMOUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHFULNESS. ACCURACY, OR VAUDllY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ~ ON D,(lt1!, 'l..":I ,'%11~ ss BEFORE ME, QirMQOQ \cY'") Slfrc:::,.IC'a. A NOTARY PUBLIC, P£RSONAU.Y APP£ARED filu., C:::: u.., -#:.,t.. ('v., ti WHO PROVED TO t.iE ON THE BASIS Of SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WtTl-HN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/TI-ElR AUTHORIZED CAPACllY(IES), ANO THAT BY HIS/HER/THEIR SIGNATUR£(S) ON THE INSTRMENT THE PERSON(S). OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTUMRNT. I certify under PENALTY OF PERJURY under the laws of the Stole of Colifomia that the foregoing poragraph is true and complete. WITNESS MY HAND. SIGNATURE ;f 1.,,..--COMMISSION NO. 2 'Z, "1 1 $ I I PRINT lh.!: MM) 1h ,.,,, • ..._c-a. MY COMMISSION EXPIRES "111..,..t+ '" t U.'f THE COUNTY OF MY PRINCIPAL Pl.ACE Of BUSINESS IS V ~ P:' :,: 4 d • { .,..,_ ~ NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFlCATE VERIFIES ONLY THE IDENTITY Of THE tNDMOUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED. ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ,}c-.....,,4 ♦ ON ♦1MJ. • "'l..'l, ,'i: • 'M ss BEFORE ME, f!..1t !!idlf0 -rtn t"(,..c:ttf</2 A NOTARY PUBLIC, PERSONALLY APPEAREO l-•'J> ,t,r ,-. (t u,t « r WHO PROVED TO ME ON THE BASIS OF SATISFACTORY E.'v10ENCE 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), ANO THAT BY HIS/HER/THEIR SlGNAnJRE(S) ON THE INSTRMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXEClJTEO THE 1NSTUMRNT. I certify under PENALTY OF PERJURY under the lows of the Stote of Colifomio that the foregoing paragraph is true ond complete. WITNESS MY HAND. SIGNAnJRE ~~.,,,..-COMMISSION NO. 1"2-., ti\•' PRINT Ot•«u TO (".,. • ._.,_.1 MY COMMISSION EXPIRES ""''et .. I• 1.L-t.'f lHE COUNTY OF MY PRINCIPAL Pl.ACE OF BUSINESS IS -I st :Ti 4 M C •> 1 e ,...., NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED. ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ss COUNTY OF ____ _ ON _________ BEFORE ME, ________ _ A NOTARY PUBLIC, PERSONALLY APPEARED ___________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY E.'v10ENCE TO BE THE PERSON{S) WHOSE NAME{S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES). ANO THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRMENT THE PERSON(S), OR THE ENTTTY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTUMRNT. I certify under PENALTY OF PERJURY under-the lows of the State of Cotifomio thot the f0<egoing paragraph is true and complete. WITNESS MY HAND. SIGNAnJRE _________ COMMISSION NO. ____ _ PRINT __________ MY COMMISSION EXPIRES ____ _ THE COUNTY OF MY PRINCIPAL PLACE OF BUSINESS IS ________ _ SIGNATURE OMISSIONS: PURSUANT TO THE PROVISIONS OF SECTION 66436 (o){3)(A)(i-viii) OF THE SUBOMSION MAP ACT, THE FOLl.OWING SIGNATURES HAVE BEEN OMITTED AS THEIR INTEREST WILL NOT RIPEN INTO A FEE ANO SAID SIGNAnJRES ARE NOT REQUIRED BY THE LOCAL AGENCY; STANDARD OIL COMPANY, A CORPORATION, EASEMENT HOLDER FOR TELEGRAPH OR TELEPHONE LINES, POLES, INGRESS ANO EGRESS AND OTHER PURPOSES RECORDED APRIL 9. 1921 IN BOOK 180. PAGE 156 OF DEEDS. (NOT PlOTTABLE FROM RECORD) SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, EASEMENT HOLDER FOR PUBLIC UTIUTIES, RECORDED MARCH 23. 1856 IN BOOK 1390, PAGE 292 OF OFFlCIAL RECORDS, {PLOTTED AS B ) VENTIJRA COUNTY FLOOD CONTROL DISTRICT EASEMENT HOLDER F"OR FLOOD CONTROl, RECORDED APRIL 9, 1965 IN BOOK 2768 PAGE 450 OF Of"FICIAL RECORDS. VENTIJRA COUNTY WATERWORKS DISTRICT NO. 1, EASEMENT HOLDER FOR ACCESS, WATER PIPELINES AND SANITARY SEWER PURPOSES, AS RECORDED IN BOOK 158, PAGES 37 THROUGH 40, INCLUSIVE Of MISCELLANEOUS RECORDS (MAPS). (PLOTTED AS VC) SIMI LAND AND WATER COMPANY, A CORPORATION EASEMENT HOLDER FOR RIGHT OF WAY, CONSTRUCTION AND USE or ANY SYSTEM DISTRIBUTION Of WATER. RECORDED JANUARY 3. 1890 IN BOOK 29 PAGE 500 OF DEEDS. SAID EASEMENT IS Bt.ANKET IN NAnJRE AND IS NOT PLOTTED HEREON. CITY Of MOORPARK, EASEMENT HOLDER FOR CONSERVATION EASEMENT, AS PER TRACT NO. 5147 IN BOOK 158, PAGES 37 TO 49 OF MISCELLANEOUS RECORDS (MAPS) CITY Of MOORPARK, EASEMENT HOLDER FOR ACCESS EASEMENT, A.S PER TRACT NO. 5147 IN BOOK 158, PAGES 37 TO 49 OF MISCEll..ANEOUS RECORDS (MAPS) NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER Off1CER COMPlITING THIS CERTiflCATE VERIFIES ONLY THE IDENTTTY OF THE lNDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTiflCATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIOITY OF THAT DOCUMENT. STATE OF CALlF"ORNIA ss COUNTY OF ____ _ ON _________ BEFORE ME, ________ _ A NOTARY PUBLIC, PERSONALLY APPEARED ___________ WHO PROVED TO ME ON THE B.t.SIS OF SATISFACTORY EVIDENCE TO BE THE PERSON{S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY{IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRMENT THE PERSON(S), OR THE ENTITY UPON BEHALF Of WHICH THE PERSON(S) ACTED, EXECUTED THE INSTUMRNT. I certify under PENAllY OF PERJURY under the lows of the Stote of Califomio that the foregoing paragraph is true ond complete. WITNESS MY HANO. SIGNATURE _________ COMMISSION NO. ____ _ PRINT __________ MY COMMISSION EXPIRES ____ _ THE COUNTY OF MY PRINCIPAL Pl.ACE OF BUSINESS IS ________ _ CITY OF MOORPARK, EASEMENT HOLDER FOR STORM DRAIN, INGRESS, EGRESS ANO OTHER PURPOSES, AS PER TRACT NO. 5147 IN BOOK 158, PAGES 37 TO 49 OF MISClli.ANEOUS RECORDS (MAPS) CITY OF MOORPARK. EASEMENT HOLDER FOR ACCESS, WATER PIPELINE AND SANITARY SEWER PURPOSE, AS PER TRACT NO. 514 7 IN BOOK 158, PAGES 37 TO 49 OF MISCEUANEOUS RECORDS (MAPS) NOTARY ACKNOWLEDGMENT 'SOV"f"HERN PAe,~,e. R/IIL~OAO eo,•H'A .. V,e ... SEt(W-r ~,._ ,Ac.u.ss, Rll:COl(Q£0 IN 6e>olL '-Z, fAG,£ 6 OF Dl!"i&OS'. LUC:1L.! e-'$T£"S """D t...UGII..£ t:..,EST8S,M QUfHL01A,-J C'.>P.Tt-lE ES'T'A."fE.S bF, C(.AftN(.b E. (;~Tes, A.3 IINoWN ,t,.S. C:.U..'1.~~c.€ 6s'f'CS, C1'S&tt•NT Kot..De:1L PDtl-O ... ll,tJ-'G.€°/ 1rr,c..-.,.-~fON1UTII..J"tV ,t,,ZP<,.Sf!:.S, ltoA.o ANI) c::rrt(C'(l. P1Jtleosc1,. t.1E:C:OIZ.06'0 It «D.SSTATE OF CALIFORNIA A NOTARY PUBLIC OR OTHER omcER COMPLETING THIS CERTIFlCATE VERIFlES ONLY THE IDENTITY OF' THE INOMOUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFlCATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. SOILS REPORT NOTE: t1A~n,,q~a , .. eoo1<-nliilo,fA<o£Jti:.DP offlGI.U.. !,CO COUNTY OF _____ ss THE FOUOWING SOILS REPORT RELATING TO TRACT 5906 HAS BEEN PREPARED; DATE OF REPORT; TI1lE OF REPORT: FlRM NAME: ENGINEER: REGISTRATION No.: MARCH 18, 2019 PRELIMINARY GEBTECHNICAL INVESTIGATION AND LIQUEFACTION EVALUATION TENTATIVE TRACT NUMBER 5906 NORTH OF THE WESTERN EXTENSION OF CASEY ROAD AN EAST OF THE V.C.F.C.D. CHANNEL WESTERN ENO OF THE CITY OF MOORPARK, CALIFORNIA. GORIAN & ASSOCIATES, INC., THOUSAND OAKS, CA. JEROME JON BLUNCK GE 151 THE SOILS REPORT IS ON Fllf FOR PUBLIC INSPECTION AT CITY OF MOORPARK ENGINEERING DEPARTMENT. NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDMOUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFlCATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ss COUNTY OF ____ _ ON _________ BEFORE ME, ________ _ A NOTARY PUBLIC, PERSONALLY APPEARED ___________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY E.'v1DENCE 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 SIGNAnJRE{S) ON THE INSTRMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSnJMRNT. I certify under PENALTY OF PERJURY under-the lows of the Stote of Colifomio thot the foregoing paragraph is true ond complete. WITNESS MY HANO. SIGNAnJRE ________ _ COMMISSION NO. ____ _ PRINT __________ MY COMMISSION EXPIRES ____ _ THE COUNTY OF MY PRINCIPAL Pl.ACE OF BUSINESS IS ________ _ ON _________ BEFORE ME, ________ _ A NOTARY PUBLIC, PERSONALLY APPEARED ___________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), mo THAT BY HIS/HER/THEIR SIGNATIJRE(S) ON THE INSTRMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF' WHICH THE PERSON(S) ACTED, EXECUTED THE INSTUMRNT. I certify under PENALTY OF PERJURY under the laws of the State of Colifomio thot the foregoing paragraph is true and complete. WITNESS MY HANO. SIGNAnJRE ________ _ COMMISSION NO. ____ _ PRINT __________ MY COMMISSION EXPIRES ____ _ THE COUNTY OF MY PRINCIPAL PLACE OF BUSINESS IS ________ _ TRACT NO. 5906 IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 17 INCLUSIVE, AND LOTS A AND B, PRIVATE STREETS, OF TRACT NO. 5147 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 158, PAGES 37 TO 40, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MARCH 2021 SHEET 2 OF 4 SHEETS 242BOUNDARY ESTABLISHMENT SOUTHERLY LINE OF LOT 50 OF SOUTHERLY LINE OF LOT 52 OF SOUTHERLY LINE OF LOT 54 OF SOUTHERLY LINE OF LOT 56 OF THE VALLETTE TRACT PER MAP THE VALLETTE TRACT PER MAP THE VALL£TTE TRACT PER MAP THE VAU.ffiE TRACT PER MAP ~'F _ _2:0:::~~~~-:: __ -ZN arn'58" ~2 _{::E~l~~~~:G~~-~09•g· ~ 2ECOROED IN ~K 3, PAGE 41 l --rORDED IN ~K 3, PAGE 41 =( 1313.93' ~617.19' ---------1317.69' 1320.96' ~ 1320.96' 1934-88' \\ NORTHERLY LINE OF THE SOUTHEAST l I MONUMENT NOTES RECORD REFERENCES \ , \ QUARTER OF SECTION 6, T2N. R19W, I FOUND MONUMENT AS NOTED U) 0 W \ \ \ RANCHO SIMI. I 1 ~5'11'° , ,\ SEE SHEET 4 1 I [I] FD. 2· IP. TAGGED RcE 16643, PER R1. R1 LDM-1, PMB 43/76-77 ~F!!!::> \ \\ so· I I (11 FD. NTG. EST. AT REC. DIST. PER Rt. :~ ~AC~l~~-p4:/1t:0~:~BO-BS !~~!~ ~\ \\ I '!) II [l) FD. NTG. EST. ON LINE AT MIDPOINT BETWEEN R4 MAP OF PART OF RANCHO SIMI, t!J Ow (r O \ ·,\ I Vi POINTS 2 & 4 SHOWING SURVEY MADE FOR MR. 3-a:: i -5 ~ 1 1 ~ j ~~I_ '41 JOHN E. SMITH i~in~! 1o. g \,•\\\ gl --u, _1 ;:i?; 1,;!.J FD. NTG. EST. AT REC. DIST. (20.00' RS) FROM RS TRACT NO. 2817_1_ MR 83/10 11 ~o:g ,-, <0 .-V----:5~ vi CENTERLINES or GABBERT ROAD NO LOS -~oG~~ ~ 1 ,, c,.,J -----~~ 0 ~I 0,:: ANGELES AVENUE >-3: ~ w N ,' J ', ,-, /'. ==l: ------4-,10' -~-,:: I u [fil EASEMENT NOTES ~~~i-:z , -, /.-&~i'. ~--< £? --~--<."i,p_,..~-~,0-;;:i'!J' 8 u z FD.¾" IP IN LIEU OF 1}5:" IP TAGGED RCE :JW (l):J 1 '1 -1// * ,. -:;=-:;--r ~ "'z I"'< >oF!O_>o ,'/1 -~ -,.,..,,,/ ------';,I"----_.-:-;';60 < 26362, PER R2 @ EASEMENT OF VENTURA COUNTY ..... => ... , ..... ---~~--...._---==_-..;?'.... ..>"i:71!.-----_l----N ----\__ ~ I~ '6' FD.~,• IP, PER R2, N76.1,.57.E 1_20, FLOOO CONTROL DISTRICT, RECORD f5~(r~f5 / ,/ I ---.=_-~~:_-,..._~-::,:.. -------~-__ :·:::~f~e_R '1 II) o o ~ 7~ .. APRIL9, 1965ASINST. 268501N t; 0:::1-'/,' ~ ----------------'40\::.1"'' w lw ~ BOOK2768,PACE4500F w~~1-:~ , I It -::,..------:---I pO\ .. l•lE. •, z § i.ZJ FD. MAG. NAIL, NO REF, F1TS TIES PER 4CR67. omcw.. RECORDS. 3 1-1-< 3 I I o -------U) , 6 p..\JE.\'•U ::i I / ;/ ,~~cf. .~t.~R I f ----0 ----------(!) IJ , ~ I ~ [ID FD. 2" IP, NO REF. ACCEPTED AS BEING A @ EASEMENT OF SOUTHERN o O ~• QO) 1->-oQ/>I z I I 5 "' POINT ALONG THE CL OF POINDEXTER AVENUE. CALIFORNIA EDISON, RECORDED l'-tcol<o' I< 29591< ,iSO· ----r. fV'-IL~ ----' I;; I ~ MARCH 23, 1956 IN BOOK 1390, ,i10° ,.;eB,6 ol'-~, pp..C\f\'1---~ 11 ·, ~ I:;: [!] FD.,· IP, LS 3096, PER R1, NOCT00'15"E o.66" AGE 292 OF omclAL RECORDS. "' I -------,,.S1~,._c;£,E:.: (i1\-\E.RI•------1 m lj , w l I !, l!ll FD. NTG .• EST. BY INTI:RSECTION. "::! I -----:..-:3--0 ------I ::; I, 0 I ~ Ly I!:!) FD. NTG. EST. ON LINE AT MIDPOINT BETWEEN g_ ~-Y.--:: -:::--:::-.:.-I ~ I I~~ j ~ ~II POINTS10&13 ~~-~..:::=----"'II: illj§~ •,; "' ~ FD. 2" IP, W/ BRASS CAP STAMPED "VEN. CO. Sr \_ <0 •• a: g:I L", NO REF. -\ "' w I [ill :;jl P0_ w ii ~ •, W 0-I ~I • I' m ::; 81 ~ FD. NTG., EST. BY INTERSECTION. -:o N g «> I < , ~ z: ~ FD. 1!!," IP, ACCEP1ED AS 1)!," IP MTH TAG 8: ± : z ~ :i <:J ! 8 I STAMPED RCE 13765, PER R3. l5 I:'.? I ! ~· ~ ! I ~ FD. ¾" IP, PER R3. z I ~~1ER1\~_l~} ~~ETHE c-1 EASTERLY LINE OF ,r:-________ _j I 1!:!j FO. ,~· IP, ACCEP1ED AS ,x,· IP WITH TAG I SOUTHEAST QUARTER I SECTION 6, T2N. R19W, 7..-l COMMERCE I STAMPED RCE 13765, PER R3. I ~~9!~C~H~ 1f:i°. I RANCHO SIMI. 1,1 AVENUE I li]l FD NTG, EST AT REC DIST FROM SPRR PER I I SOUTHERLY LINE OF ;; SEE DETAJL INST 14788. BK 3280. PACE 326 OR J SECTION 6, T2N R19W, le,; "A~ HEREON ~· ~" m"' "=•. ~ ~ ·-·-· • ::::. • ·-·-·-·-·-·-· LOS ANGELE;+ AVENUE ,mm·-· -~ /-~,::~ ·-~ MONUMENT NOTES • FOUND MONUMENT AS NOTED. Project Site LOS ANGELES AVENUE Vicinity Map 1 ~=, .ooo· 300 150 0 150 300 1-V-... I I GRAPHIC SCALE SCALE : 1•-300• 600 I EASTERLY LINE OF I J SECTION 6, T2N. R19W,~I I RANCHO SIMI. "' I ' ~ w I I GABBERT '." ! I ~'.2 j~ ROAD ., J. ~a lo ~·,t; ob I~ g ~ (1)0 N O •1..,. ~zl z, 0~ LOS ANGELES AVENU~-11 =1t· J~ 20.00' ___ CL_ _____________ -----------N 59·59'50" W 5896.86' 4 ~ DETAIL"A" ,•.30• BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING NORTH CXTOl '58" EAST ON THE CENTER UNE OF GABBERT ROAD AS SHOWN ON PARCEL MAP NO. 3192, AS PER MAP FllEO IN ~K 31 , PAGES 60 THROUGH 63, INCLUSIVE, OF PARCEL MAPS, IN THE OFflCE OF THE VENTURA COUNTY RECORDER. TRACT NO. 5906 IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 17 INCLUSIVE, AND LOTS A AND B, PRIVATE STREETS, OF TRACT NO. 5147 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 158, PAGES 37 TO 40, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MARCH 2021 SHEET 3 OF 4 SHEETS 2438.2-4' "' 8 8 z '\\ :: ;I ~II \ ; is' ~ :\: ~-s. a \ .. ~ "· .. :;\ ;/. ;~ i \ \ \ \ LOT"A" I N 59·53'55• W I . ~I lg ~gl ~ ~\ 6.84 Acres gross I J J ii 11: ii{PI 3ij f"-!!!§ 1320.96' 1072.18' NORTH HILLS PARKWAY -t~~ii~~~~~~~i"-C::::. ,"366-06' I ~ ~..,.. 100 50 o ti ,,,~--r----t "'~ i--.,.;S,J 50 I 100 I 200 I HATCH LEGEND STORM DRAIN EASEMENT SEWER EASEMENT GRAPHIC SCALE SCALE : 1 •=100' MONUMENT NOTES 6 a· SPIKE & WASHER STAMPED ·Ls 4494 H TO BE SET FLUSH IN ASPHALT AT All STREET CENTERLINE POINTS OF INTERSECTION. CURVATURE. RADII. ANO TERMINATION. Q 2" IRON PIPE TAGGED "LS 4494" TO BE SET FLUSH AT ALL BOUNDARY CORNERS. 0 TYPE E4 VENTURA COUNTY WELL MONUMENT TO BE SET AT ALL CENTERLINE STREET INTERSECTIONS. 1• IRON PIPE TAGGED "LS 4494" TO BE SET FLUSH IN DIRT, OR LEAD, TACK &: TAG STAMPED LS 4494" TO BE SET FLUSH IN CONCRETE, OR 8'" SPIKE &: WASHER STAMPED "LS 4494" TO TO BE SET FLUSH IN ASPHALT AT ALL LOT CORNERS. CURVE DATA· Cl 89"~'03" 37.00' 58.07' 36.95' C2 78'28'46" 37.00' S0.68' J0.22' CJ 11'26'17" 37.00' 7.39' 3.71' C4 90"04'57" 35.00' 55.0J' 35.05' C5 15·21'32• 70.00' 18.76' 9.44' C6 70.00' 147.~' 123.22. C7 100.00· HU.OJ' 131.37' ct1 1s·21'J2" '40.oo· 10.72' 5.39· C9 46' 34 OY 25.00' 20.32' 10.76' CIO 27 5.5.00' 281.19 -52.07 Cl I 4g,49·,1..-,-55.00' 47.83' 25.55' C12 86"44'20" 55.00' Cll 96"29'46° 55.00' 92.63' 61.62' C 14 40'0.' 17" 55.00' 38.47' 20.06' cIs 2s·12·1s· ...o.oo· 17.60' 8.~-C16 25'12'15" 70.00' J0.79 15.~ C'7 '" 100.00' 20.75' 10.41' 28.34 37.00' 48.37' C22 600.00' 1 ~.80' 77.3J' 1100.00' 70.40' JS.24' ,,. 0757'53" 32'08'45" 32'08' ♦5" 600.00' 83.<fl' "' 350.00' 196.37' "' ,400_()()' 224.42' 115.25' C27 28"12'2J" ~-00' 211.69' !OIi.OJ' C28 09'38'12" 625.00' 105.12 52.611' C29 06'20'50" 158.00' 23.02' 1 l.5J' ~=~~~,t:=~~:i~:~~::t~;:~~630.00' ,'.!:-:~~-CJ2 09'"08'56" 100.60' 50.41' C33 32'39'00" 245.0,4' 125.94' C34 3z39·00· 400.oo· 221.9'4' 111.15• C35 J2'J9·oo· 350.oo· 199.45· 102.51' CJ6 1()4"26'59" ' 37.00' 67.45' 47.7-f CJ7 63"16'58° 100.00' 110.45' 61.62' EASEMENT NOTES LINE DATA· LINE BEARING LI N 00"06'02" E l2 N 75"12'02" E LJ N 62"31'2r E L4 N 40"03'01" E L5 N 29"30'29" E L6 N 75"12'02" E L7 N 75"12'02" E LB N 20'33'14" E L9 N 79"29'21" W LIO N 00'06'02" E L11 N 00"06'02" E L12 N 75"12'02" E L13 N 76"03'59" E L14 N 60°03'58" W us S 14"47'58" E CURVE DATA CONTINUED· CURY< Dfl-" """"' CJ8 1Jao1'111· 100.00' CJ9 158"5(1'J8" 70.00' , .. J0'45'02" 80.00' "' 102'59'2I" 35.00' "' 68'5Y5i" 25.00' '" 151'35'16" so.co· "' 8639'10-50.00' "' 64'56'06" 50.00' , .. 82'41'17_ 5.00' w 08'57'16° 100.00' "· 10'32'32" 100.00' "' 35"21'12" 100.00' DISTANCE 203.30' 216.08' 18.17' (RAO) (RAO) 420.06' 441.47' (RAO) (PCC)(RAO) 163.53' 29.43' 248.39' 49.14' 50.02' 48.67' C£HCTH '""""' 226.93' 214.::.6' Ul4.19' 376.15:i 42.94' 22.00' 62.91' 43.99' 30.CNI• 17.15' 132.29' 197.51' 75.62' 47.16' $6.67' ll.81' 1.22' 4.40' 15.63' 7.83' 18.40' 9.23' 61.70' 31.87' EASEMENT OF VENTURA COUNTY FLOOD CONTROL DISTRICT. RECORD APRIL 9. 196S AS INST. 26850 IN BOOK 2768, PAGE 450 OF omCIAL RECORDS. ® © @ EASEMENT or SOUTHERN CALIFORNIA EDISON, RECORDED MARCH 23, 1956 IN BOOK 1390, PAGE 292 OF omcIAL RECORDS. EASEMENT OF VENTURA COUNTY WATERWORKS DISTRICT NO. 1. FOR ACCESS. WATER PIPELINE AND SANITARY SEWER PURPOSES OVER ALL PRIVATE STREETS SHOWN ON MAP OF TRACT NO. 5147. AS PER MAP RECORDED IN BOOK 158 OF MISCELIANEOUS RECORDS (MAPS) PAGES 37 THROUGH 40. EASEMENT TO VENTURA COUNTY WATERWORKS DISTRICT NO. 1, FOR ACCESS, WATER PIPELINE ANO SANITARY SEWER PURPOSES OVER ALL PRIVATE STREETS SHOWN ON THIS MAP. GENERAL NOTES LOTS 1-17 AS SHOWN ON THIS MAP ARE SUBJECT TO DEVELOPMENT AGREEMENT CllY ORDINANCE NO. 250 RECORDED WITH THE VENTURA COUNTY RECORDER'S OFFICE ON DECEMBER 30, 1998 AS INSTRUMENT NO. 98-233584 AND THE CONDITIONS OF APPROVAL FOR TRACT NO. 5147 AS APPROVED BY THE MOORPARK CITY COUNCIL ON MARCH 15, 2000. LOTS 1-17 AS SHOWN ON THIS MAP ARE SUBJECT TO OEVELOPMENT AGREEMENT CITY ORDINANCE NO. 416 RECORDED WITH THE VENTURA COUNTY RECORDER'S OFFICE ON FEBRUARY 22, 2013 AS INSTRUMENT NO. 20130222-00033184-0 AND THE CONDITIONS OF APPROVAL FOR TRACT NO. 5906 AS APPROVED BY THE MOORPARK CITY COUNCIL ON MAY 15, 2013. THE CONDITIONS OF APPROVAL OF THIS ENTITLEMENT AND ALL PROVISIONS OF THE SUBOMSION MAP ACT, CITY OF MOORPARK MUNICIPAL CODE AND ADOPTED CITY POLICIES AT THE TIME or THE ENTITLEMENT APPROVAL, SUPERSEDE ALL CONFLICTING NOTATIONS, SPECIFICATIONS, DIMENSIONS, TYPICAL SECTIONS AND lliE LIKE WHICH MAY BE SHOWN ON SAID MAP AND/OR PLANS OR ON THE ENTITLEMENT APPLICATION. TRACT NO. 5906 IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 17 INCLUSIVE, AND LOTS A AND B, PRIVATE STREETS, OF TRACT NO. 514 7 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 158, PAGES 37 TO 40, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MARCH 2021 SHEET 4 OF 4 SHEETS Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 1 12853-0007\2524586v2.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION REFERENCE DATA RECORDED FINAL TRACT MAP NO. 5906 (“Final Map” herein) BASED ON TENTATIVE MAP NO. 5906 NAME OR TRACT NUMBER OF SUBDIVISION: TRACT 5906 – North Hills Industrial Park (“Subdivision” herein) NAME AND ADDRESS OF OWNER(S): Burns Pacific Construction, Inc. 505 E. Thousand Oaks Blvd. Thousand Oaks, CA 91360 (“Subdivider” herein) CITY COUNCIL RESOLUTION OF APPROVAL NO.: 2013-3182 Tentative Tract No. 5906 (“Resolutions of Approval” herein) IMPROVEMENT PLANS NO.: TRACT 5906: (Grading) 18-ML-11080 TRACT 5906 (Streets), 18-ML-11081 TRACT 5906: (Storm Drain), 18-ML-11082 TRACT 5906: (Sewer) 18-ML-11083 TRACT 5906: (Domestic Water) 18-ML- 11084 ATTACHMENT 5 244 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 2 12853-0007\2524586v2.doc TRACT 5906: (Collectively “Improvement Plans” herein) ESTIMATED TOTAL COSTS: IMPROVEMENTS $7,458,009.04 GRADING $1,104,232.80 TOTAL:$8,562,241.84 ESTIMATED MONUMENTATION COST: (to be subject to separate deposit) TRACT 5906 $47,398.59 FORM OF IMPROVEMENT SECURITY: [X] AAA Corporate surety bonds [ ] Deposit of money NAME AND ADDRESS OF CORPORATE SURETY (if applicable): SureTec Insurance Company Developer Bonds 3131 Camino Del Rio North, #1450 San Diego, CA 92108 SURETY BOND NUMBERS (if applicable): Tract 5906 Improvements: Bond No. 4418694 (Tract 5906 Performance and Payment) $4,304,405.16 Grading: Bond No. 4418695 (Tract 5906) $1,104,232.80 Improvements to North Hills Parkway along Project Frontage, Gabbert/ Poindexter-Railroad Crossing and 125 feet north of Railroad Crossing: Bond No. 4418697 (Tract 5906 Performance and Payment) $1,201,052.03 Design/Construct 1800 LF Perimeter Wall: Bond No. 4418698 (Tract 5906 Performance and Payment) $430,829.54 Improvements to North Hills Parkway from east Tract Boundary to Gabbert Road, Gabbert Road from North Hills Parkway to 125 feet north of Railroad Crossing: 245 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 3 12853-0007\2524586v2.doc Bond No. 4444897 (Tract 5906 Performance and Payment) $1,521,722.31 North Hills Parkway Monumentation: Bond No. 4444898 (Tract 5906 Monumentation Bond) $23,592.80 Tract 5906 Monumentation: Bond No. 4444899 (Tract 5906 Monumentation Bond) $23,805.79 EFFECTIVE DATE OF AGREEMENT: (to be inserted by City) COMPLETION PERIOD: All improvements of Tract 5906, (including the complete water and sewer system) shall be completed within 20 years from the execution date of the Agreement with the sole exception of the North Hills Parkway Railroad Undercrossing nearest to the Subdivision’s southerly property line. * * * * * * * * * * * * * * * * * * * * * * 246 TABLE OF CONTENTS Page Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 3 12853-0007\2524586v2.doc 1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS .......................... 5 2. SOILS TESTING AND REPORT......................................................................................... 7 3. SPECIFICATIONS FOR IMPROVEMENTS ...................................................................... 8 4. INSPECTION OF WORK AND FINAL ACCEPTANCE ................................................... 8 5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS ...................................... 9 6. TIME EXTENSIONS ............................................................................................................ 10 7. IMPROVEMENT SECURITY ............................................................................................. 10 8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY ................................... 12 9. INDEMNIFICATION OF CITY BY SUBDIVIDER ............................................................ 14 10. INSURANCE ...................................................................................................................... 16 11. OWNERSHIP OF THE IMPROVEMENTS .................................................................... 21 12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY ...................................................................................................................... 21 13. RELATIONSHIP OF THE PARTIES............................................................................... 23 14. ASSIGNMENT ................................................................................................................... 23 15. NOTICES ............................................................................................................................ 24 16. ENTIRE AGREEMENT ..................................................................................................... 24 17. APPLICABILITY ................................................................................................................. 24 18. SEVERABILITY ................................................................................................................. 25 19. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS ..................................................................................................................... 25 20. GOVERNING LAW ............................................................................................................ 26 21. EFFECTIVE DATE OF THE AGREEMENT .................................................................. 26 247 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 4 12853-0007\2524586v2.doc THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Moorpark, a municipal corporation (“City”), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data. RECITALS A. Subdivider owns property that it has presented to the City for approval and recordation of Final Maps, identified in the Subdivision Reference Data on pages 1, 2 and 3 of this Agreement, or 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. A tentative map of the Subdivisions was previously approved by City, subject to the Subdivision Laws and to the City’s standard requirements and conditions of approval contained in the City Council’s Resolutions of Approval, a copy of which are on file in the Office of the City Clerk and which is incorporated herein by this reference. C. The Subdivision Laws establish, as a condition precedent to the approval of a Final 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. D. This Agreement is required per the conditions of approval for the Tentative Tract Map, the Development Agreement adopted by Ordinance No. 416, the City’s municipal code (Title 16), the California Government Code, and the Subdivision Map Act. E. Subdivider is required to indemnify the City as per the conditions of approval for the Tentative Tract Map, the Development Agreement, the City’s municipal code (Title 16), the California Government Code, and the Subdivision Map Act. F. In consideration of approval and recordation of the Final 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 and private improvement work required by the City for the Subdivisions. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. G. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the office of the City Engineer. Said Improvement Plans, and related specifications, subsequently modified by the mutual written agreement of the parties, are hereby referred to as the “Improvement Plans” and are incorporated herein by this reference. Any improvement to be constructed pursuant to the Improvement Plan, 248 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 5 12853-0007\2524586v2.doc including public improvements and private street improvements, is hereby referred to individually as an “Improvement” and collectively as the “Improvements”. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the recorded Final Map of the Subdivisions, 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, all Conditions of the Vesting Tentative Map and Tentative Map approvals, all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee (as set forth in Section 3) the Improvements, Grading, and Monumentation more specifically described in the tentative map and in the City Council’s Resolutions of Approval relating thereto (collectively, the “Improvements”). B. To the extent necessary to construct the Improvements, as determined by the City Engineer, the 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, if any, 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 complete all Improvements within its respective “Completion Period” specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines in good faith 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 fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall be in writing, and shall describe the work to be done by Subdivider, the time within which the work will commence, the period within which the work will be completed and identify the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be constructed or completed at a specified time, providing the foregoing criteria is met. 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 thirty (30) 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 249 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 6 12853-0007\2524586v2.doc accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said 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 and County Surveyor. F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements until the latter of the following time periods: (i) the category of Improvements is accepted in writing by the City; or (ii) the expiration of the required one-year (or two years for onsite portions of North Hills Parkway) guarantee and warranty period as specified herein; or (iii) the expiration of any applicable period of time specified in a Development Agreement (not including the term of any Development Agreement) involving the Subdivision or other agreement or obligation imposed on the Subdivider, regarding the Subdivider's obligation to maintain the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements and that may result from the construction of the Improvements prior to their completion and written acceptance by the City. G. In addition to, and separate from: (1) the indemnity obligations contained in Section 9 of this Agreement, (2) the care, repair and maintenance provisions under paragraph F of this Section 1 of this Agreement; and (3) the warranty and guarantee provisions of Section 5 of this Agreement, Subdivider shall repair and correct, or be liable to the City for any cost to repair and correct, any defect in the construction of the Improvements that is identified by City within ten (10) years after City’s acceptance of the Improvement, provided the City provides notice to Subdivider of the existence of the defect within that time period, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of Subdivider. Nothing contained in this paragraph is intended to limit or otherwise waive any right or cause of action under applicable construction defect law that City may assert against Subdivider. H. 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. I. Not less than seven (7) 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. 250 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 7 12853-0007\2524586v2.doc J. Subdivider shall pay all City fees and costs stipulated in the latest fee resolution as adopted by the City Council from time to time as required for the development of the SUBDIVISION, including but not limited to, the following: 1. Building Permit Fees – to be paid at the time of building permit issuance; 2. Final Map Filing Fee – to be paid at time of filing final map; 3. Final Map Plan Check Fees --- to be paid from cash deposit established at time of filing final map; 4. Final Map Monumentation Fees – to be paid from cash deposit established at time of filing final map; 5. Plan Check and Review Fees – to be paid from cash deposit established at time of filing improvement plans; 6. Encroachment Permit Fees – to be paid at time of application for encroachment permit; and 7. Inspection Fees – to be paid from cash deposit established at time of approval of improvement plans. K. Subdivider shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Tentative Tract Map Conditions of Approval, and shall provide electronic image files of these final Record Drawings consistent with City electronic image file size and type specifications, prior to the acceptance of improvements and release of bonds or other security. 2. SOILS TESTING AND REPORT A. Subdivider shall employ and pay for a Soils Engineer acceptable to the City Engineer. The Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and pavement design for the street portion of the Improvements in accordance with the requirements set forth in Improvement Plans, and Ventura County Road Standards and Standard Specifications for Public Works Construction (Greenbook), as approved by City. Improvements shall include both Improvements to remain private and Improvements that will be dedicated to or owned by the City (Improvements within City right of way and property for public use). B. The Soils Engineer shall provide City the reports containing the results of the testing, the interpretation of the results and the pavement design done in connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable Ventura County Road Standards and the 251 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 8 12853-0007\2524586v2.doc Greenbook, as approved by the City, and good engineering practices. All reports and the certificates shall be mailed or delivered to City. C. The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the City Engineer. 3. SPECIFICATIONS FOR IMPROVEMENTS Subdivider shall construct, at Subdivider’s own expense, all of the following improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this Agreement as though set forth at length herein.: A. Streets, storm drains and monuments described in the drawings, plans and specifications under the following City documents and City Drawing No(s).: Tract 5906 Grading (18-ML-11080); Tract 5906 Streets (18-ML-11081); Tract 5906 Storm Drain (18-ML-11082); Tract 5906 Sewer (18-ML-11083); and Tract 5906 Domestic Water (18-ML-11084) on file in the office of the City Engineer. B. Water and sewer systems described in drawings, plans and specifications under Ventura County Water Works District documents: Ventura County Drawing No(s). 69998 through 70014 on file in the office of Ventura County's Public Works Director, Ventura, California. C. Storm drain, channel, and connection improvements described in drawings, plans, and specifications under Ventura County Watershed Protection District documents: Ventura County Permit No. 2018-064 Gabbert Canyon on file in the office of Ventura County’s Public Works Director, Ventura, California. Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the Improvements within City right of way and property, to City for public use, except all water, sewer, and storm drainage and flood channel systems described in the documents specified in paragraphs A, B, and C of this section, which are irrevocably offered to the entities referred to in those paragraphs. 4. INSPECTION OF WORK AND FINAL ACCEPTANCE 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 and inspection consultants. B. Upon completion of the work on all or any category of the Improvements, the Subdivider may request, in the form of a written letter, a final inspection by the City Engineer. Within forty-five (45) days of receipt of the written letter request, the City Engineer shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines that all or any specified category 252 - Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 9 12853-0007\2524586v2.doc 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 acknowledge that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City (Improvements within City right of way and property for public use), the City Engineer’s determination shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the final acceptance shall be subject to the approval of that specified official. The acceptance of North Hills Parkway shall require City Council approval, and this approval shall not be requested any earlier than the completion of the two-year maintenance period required by section 6.20 of Development Agreement. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and determination of completeness in accordance with City’s formally adopted fees and rates. C. Acceptance of all or any specified category of public Improvements by the City Council shall be made upon recommendation of the City Engineer following inspection of said public Improvements pursuant to subparagraph B above. The City Council shall act upon the City Engineer’s recommendation that such public Improvements have been completed. Acceptance by the City Council or by the governing body of the entity that is to accept dedication or ownership of the public improvements shall not constitute a waiver by the City or such other public entity of any defects in the public Improvements. 5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one year following acceptance by the City of the last of the Improvements, 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. Subdivider’s obligations for the roads within the subdivision and for the onsite portions of the North Hills Parkway shall continue for the two-year maintenance time 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 and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction and draw upon the Subdivider’s improvement security to reimburse itself for the costs incurred. If the Subdivider’s improvement security does not cover the total cost of such repair, 253 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 10 12853-0007\2524586v2.doc 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 the Subdivider’s liability and obligation hereunder to provide the one-year guarantee and warranty of the Improvements and the two-year maintenance guarantee for North Hills Parkway Improvements. 6. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the duration of the Completion Period for the Improvements (or any of them) may be extended by the City Engineer in writing. As used herein, “good cause” may include, without limitation, delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance and, the order of any court. 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 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. 7. IMPROVEMENT SECURITY A. Prior to City’s execution of this Agreement, Subdivider shall provide as security to the City: 1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, including Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA. With this security, the form of which shall be subject to City Attorney’s prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one year, two years for North Hills Parkway, 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. The City Engineer may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional security within thirty (30) days after receiving demand and justification therefor. 254 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 11 12853-0007\2524586v2.doc 2. For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA. With this security, the form of which shall be subject to City Attorney’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. The City Engineer may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional security within thirty (30) days after receiving demand and justification therefor. B. If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, because (i) the surety becomes insolvent; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, or the form of the surety or the amount is found by City to be in error or insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety or sureties within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds, in a form accepted by the City Attorney, shall be submitted to the City Engineer and then kept on file with the City Clerk. If a corporate surety bond is replaced by another approved bond, the replacement shall be submitted to the City Engineer and, upon filing with the City Clerk, shall be deemed to have been made a part of and incorporated into this Agreement. Upon submission to the City Engineer and then filing with the City Clerk of a replacement bond, the former improvement security shall be released, following written approval of the City Engineer. D. The security furnished for the faithful performance of the Subdivider’s obligation to construct and install the Improvements described herein shall include the Subdivider’s liability and obligation hereunder to provide the one-year guarantee and warranty of the Improvements and two-year maintenance guarantee for North Hills Parkway, and accordingly, shall not be fully released until after the City Engineer’s written determination that the Improvements are not defective, and City Council approval of surety exoneration, following the completion of the one-year warranty period or the two- year maintenance guarantee period for North Hills Parkway. E. 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 subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. 255 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 12 12853-0007\2524586v2.doc F. Subject to any time extensions granted in accordance with Section 6 herein, the Subdivider shall be in default if the Subdivider has not completed all improvements (including the complete water and sewer system) within twenty years from the Execution Date of the Agreement and has not repaired any defects in the completed Improvements within the one-year guarantee and warranty period (or the two-year maintenance guarantee period for onsite road and for the onsite portion of the North Hills Parkway) until one of the following occurs: 1) The City accepts the Subdivider’s constructed improvements and releases the Subdivider’s bonds; or 2) The developer of the properties of the adjacent Subdivisions commence construction of their portion of North Hills Parkway. G. Alternatively, in the event of a default by the Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, City, at its sole option, shall have the right, without limiting any other rights and/or remedies available to City at law or in equity, to draw upon or utilize the improvement security furnished herewith to construct and install the Improvements itself. If City exercises this right, the release of any unused portion of such improvement security shall be in accordance with the procedures outlined in Section 6 herein, including any retention necessary for the one-year warranty and guarantee period (or the two-year maintenance guarantee period for North Hills Parkway). 8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. All public Improvements (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, deemed completed by the City Engineer and then accepted as complete by the City Council prior to release of sureties. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then accepted as complete in writing by the City Engineer. B. Partial releases or reductions in the Subdivider’s improvement (performance) security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as follows: 1. At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the City shall review and comment or approve the completion of the required work within 45 days. If the City does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed within this 45-day period. 256 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 13 12853-0007\2524586v2.doc 2. Within 45 days of receipt of the list of remaining work from the local agency, the Subdivider may then provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits the City from allowing for a partial release as it otherwise deems appropriate. 3. If the City approves the cost estimate, the City shall release all performance security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the City allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the City. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the City receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the Subdivider until all required public improvements have been accepted by the City in writing and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. 4. The Subdivider shall complete the works of improvement until all remaining items are accepted by the City. 5. Upon the completion of the Improvements, the Subdivider, or his or her assigns, shall be notified in writing by the City within 45 days. 6. Within 60 days of the issuance of the notification by the City Engineer, any remaining performance security, except ten percent (10%) of the original amount of the security to guarantee and warrant the Improvements for the one-year (or two-year for North Hills Parkway) guarantee and warranty period, shall be released within 60 days of the issuance of the written statement of completion. C. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all stop notice claimants for whom stop notices have been filed with the City, and if no claims have been filed, the security shall be released in full. 257 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 14 12853-0007\2524586v2.doc D. The partial release provisions of this Section 6 shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within thirty (30) days after the completion of the one-year period following completion and acceptance of all Improvements (or two years for North Hills Parkway.) E. If Subdivider’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement (performance) security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have sixty (60) days after receipt of written notice from the Subdivider of the 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, and such improvement security shall be promptly released. F. In the event the time periods for action by the City specified in this Section conflict with a shorter or longer time period for such actions as provided in Government Code Section 66499.7, the time periods in Government Code Section 66499.7 shall control. 9. INDEMNIFICATION OF CITY BY SUBDIVIDER 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 defective design, construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective methods, materials and workmanship (collectively, "Subdivider's Faults"), of the Improvements by Subdivider, its officers, employees and agents. 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 attorneys’ fees, arising directly or indirectly out of or attributable to Subdivider’s Faults. The indemnity shall be effective retroactively to the earliest recordation date of Tract 5906. B. Subdivider’s obligations under this Section 9 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 258 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 15 12853-0007\2524586v2.doc from the Subdivider's Faults, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider’s defective design or defective construction of public drainage systems, streets, and other public facilities or improvements. Except for a City Directive as defined below, 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 (a “City Directive”). After City’s acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design, construction or Subdivider’s Faults (other than those required by a City Directive); provided, however, that Subdivider shall not be responsible for routine maintenance as specified in Section 1(F) of this Agreement. Subdivider’s indemnity obligations hereunder shall remain in effect for ten (10) years following acceptance of the respective Improvement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the Subdivider's Faults with respect to the Improvements and other work done pursuant to this Agreement, unless same is due to a City Directive. 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, unless same is due to a City Directive. The Subdivider’s improvement security shall not be required to secure the Subdivider’s obligations under this subparagraph C beyond the one-year (or two years for North Hills Parkway) guarantee and warranty period, unless the City Engineer provides notice to Subdivider prior to the expiration of the one-year period (or two years for North Hills Parkway) of the existence of, or continued existence of, defects in the improvements, in which case the portion of the improvement security to guarantee and warranty the improvements against defective work shall not be released and shall remain in place until the City Engineer provides written confirmation that the defects have been cured and corrected. The indemnity shall be effective retroactively to the earliest recordation date of Tract 5906. D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter “City and City Personnel”) to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Subdivider prompt written notice of such claim and allows Subdivider to undertake the defense thereof. E. Subdivider’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel. 259 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 16 12853-0007\2524586v2.doc F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided. 10. INSURANCE A. The following coverages will be provided by Subdivider and maintained on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below as “Insurance After Construction.” In addition, Subdivider may elect to obtain, for all or any portion of the Project, an “Owner-Controlled Wrap Up” insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word “Subdivider” refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor. B. Insurance During Construction Subdivider shall provide the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider’s General Contractor: 1. Commercial General Liability Insurance Commercial General Liability Insurance (primary) shall be provided on ISO-CGL Form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. 2. Umbrella Liability Insurance Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage 260 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 17 12853-0007\2524586v2.doc shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Policy limits shall be not less than ten million dollars ($10,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. 3. Business Auto Coverage Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than twelve million dollars ($10,000,000) each accident. 4. Workers’ Compensation/Employer’s Liability Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer’s liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents. 5. Builder’s Risk Insurance Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider’s lender or if available at commercially reasonable rates) and flood for all Improvements. C. Insurance After Construction Upon completion of construction of the Improvements, and for the required one-year guarantee and warranty period for Improvements, the required two-year maintenance guarantee period for North Hills Parkway, and the required 10-year indemnification period, Subdivider at Subdivider’s expense shall maintain or cause to be maintained the following insurance: 261 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 18 12853-0007\2524586v2.doc 1. Commercial General Liability Insurance Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO form CG 20 10 or equivalent if available from the insurer and reasonably acceptable to the City. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City until the warranty period specified in this Agreement expires. 2. Umbrella Liability Insurance Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion. Policy limits shall be not less than ten million dollars ($10,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits. 3. Workers Compensation Insurance Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars per accident or disease. Employer’s liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents. 4. Business Auto Coverage Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than ten million dollars ($10,000,000) each accident. 262 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 19 12853-0007\2524586v2.doc D. Provisions Pertaining to Insurance Provided by Subdivider 1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider’s employees, or agents, from waiving the right of subrogation prior to a loss. Subdivider waives its right of subrogation against City. 4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City. 5. Unless otherwise approved by City, Subdivider’s insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of at least “A-:VII.” Self- insurance will not comply with these insurance specifications unless expressly approved in writing by the City. 6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non-compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider. 7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider’s general liability and umbrella liability policies using ISO Form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage and policies are to have a “cancellation endorsement” to the same effect. Subdivider agrees to provide copies of any endorsements modifying coverage in any way upon request from City. 263 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 20 12853-0007\2524586v2.doc 8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. 9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard. 10. Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers’ compensation (statutory benefits). Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase. 11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all agreements with subcontractors or others with whom Subdivider contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees. 12. Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. 13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property. 14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property. 15. Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and its officers, employees, agents by using as a defense Subdivider’s statutory immunity under workers’ compensation and similar statutes. 16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross 264 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 21 12853-0007\2524586v2.doc liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees. 17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds. 18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than $10,000,000 for each occurrence, until the warranty period specified in this Agreement expires. 19. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate. 11.OWNERSHIP OF THE IMPROVEMENTS A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder. B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City in writing, each Improvement and Improvement area that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements. 12.DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: 265 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 22 12853-0007\2524586v2.doc 1. Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the completion date set forth above in the Subdivision Reference Data; 2. Failure to promptly correct or cure any defect in the Improvements or any of them during the one-year (or two years for North Hills Parkway) guarantee and warranty period as required by Section 3.A or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following receipt by Subdivider of written notice that such defect exists; 3. Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work of the Improvements or any of them, after commencement of work on same, for a period of thirty (30) days after Subdivider’s receipt of written notice thereof from the City; 4. 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; 5. 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, within thirty (30) days after receipt by Subdivider of written notice thereof from the City; or 6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after receipt by Subdivider of 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, after written notice to Subdivider and a reasonable opportunity for Subdivider to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City’s damages in the event of Subdivider’s default. C. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may serve written notice of any such default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that said 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. 266 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 23 12853-0007\2524586v2.doc D. Subdivider acknowledges that the Estimated Total Costs 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 actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceed the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages. E. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, 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 such entry by the City and its representatives, 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 approval of the Final Map for the Subdivision conferred 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, which failure is not promptly remedied by sureties or by Subdivider. 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. 13.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. 14. ASSIGNMENT A. Subdivider shall not assign this Agreement, or any portion thereof 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. 267 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 24 12853-0007\2524586v2.doc 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 (except for the sale of individual lots to individual purchasers) 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. 15. NOTICES All notices required or provided for in this Agreement shall be in writing and delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may subsequently be designated in written notice to the City. Notice shall be effective on the date that it is delivered in person, or, if mailed, three (3) days after the date of deposit in the United States Mail. 16. 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. 17. APPLICABILITY Notwithstanding anything in this Agreement to the contrary, the terms and provisions of this Agreement only apply to: A. Grading completed or to be completed by A-B Properties, as depicted on Exhibits A-1 and A-2 attached hereto; and B. Storm drain improvements installed or to be installed by A-B Properties, as depicted on Exhibits B-1 and B-2 attached hereto; and C. Sewer and water improvements installed or to be installed by A-B Properties, as depicted on Exhibits C-1 and C-2 attached hereto; and 268 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 25 12853-0007\2524586v2.doc D. Street improvements installed or to be installed by A-B Properties, as depicted on Exhibits D-1 and D-2; and E. North Hills Parkway and Gabbert Road Street improvements installed by A-B Properties, as depicted on Exhibits E-1 and E-2; and F. Landscaping installed by A-B Properties, as depicted on Exhibit F attached hereto; and G. Storm Water Quality Improvements installed or to be installed by A-B Properties, and the operations and maintenance for storm water quality devices installed or to be installed, as depicted on Exhibits G-1 and G-2. H. In consideration of the terms described herein, Subdivider and its successors in interest (collectively the “Subdivider Parties”), hereby waive, release and absolutely discharge the City, and its present and former council members, officials, agents, employees, attorneys, insurers, members, managers, parents, affiliates, and subsidiaries (collectively the “City Releases”) from any and all claims, demands, damages, reasonable attorneys’ fees, costs, expenses, and causes of action of whatever kind, known, or unknown, at law or in equity, that the Subdivider Parties ever had, now have or may hereafter claim to have against any of the City Releases relating to, arising out of, or in any manner based upon: (i) the amount of fees or charges required to be paid by Subdivider to City under this Agreement; (ii) the City’s requirements in this Agreement; and (iii) any other actual or potential claims that the Subdivider Parties have asserted or could assert against the City Releases that relate to or arise out of the Subdivision. I. Subdivider and the City hereby waive all rights under California Civil Code § 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. _____________________ _____________________ Subdivider Initials City Initials 18. 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. 19. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS 269 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 26 12853-0007\2524586v2.doc The Subdivision Reference Data and the Recitals are incorporated into this Agreement. 20.GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 21.EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be 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. This Agreement shall become effective retroactively to the earliest recordation date of Tract 5906. SIGNATURES BEGIN ON NEXT PAGE 270 Tract 5906 Burns Pacific Construction Subdivision Improvement Agreement 27 12853-0007\2524586v2.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. [Note: All signatures must be acknowledged by a notary public and the acknowledgement must be attached. If signed by a Corporation, the signatures of two Corporate officers are required, unless a resolution of the Corporation’s Board of Directors is provided indicating that the signature of the one signatory is sufficient to bind the Corporation.] “SUBDIVIDER” A-B Properties (Type or print exact name of person or business entity) By: (Signature of authorized officer) (Type or print name of authorized officer) (Title of authorized officer) Date: “CITY” ATTEST: CITY CLERK CITY OF MOORPARK CITY MANAGER (SEAL) 271 272 + + + + + + + + + + + + + + + + EXHIBIT "A-1" GRADING IMPROVEMENTS ---- I I TRACT MAP 5906 7 I I I I I I I I I ...J N.T.S. 273 I I -7 I I I I I I I I I I _J EXHIBIT "A-2" GRADING IMPROVEMENTS ---- LEGEND L..-...:....:..___.I GRADING LIMITS TRACT ~AP 5906 I N.T.S. I I I I I½ I / (i I I 11 ---- 274 EXHIBIT "B-1" ·-· STORM DRAIN IMPROVEM NTS ----------,, I 11r-------1t------__j1:-<a-----J 1i-----.....___~_ ,j L .~~ r ,,.,,,...,~;::-----+r---~~~=-=---9-__J ,__..,..,....i._...J 11 P!°'~o J '"'' 2 14 p~..!!. p,:::i..!:o I I i LEGEND I STORM DRAIN IMPROVEMENTS I...---------I_ - TRACT MAP 5906 N.T.S. 275 - --- --..---- ---------- I I -7 I I I I I I I I I _J ----- EXHIBIT "B-2" : ~-STO_~M D~~IN l_~PR~~EM~~TS _-=--==-__ T~~ MAP 5906 ---7 ----- I I I I I : 1/; N.T.S. ~ I I o j c3 1l1 "' --~, ---STORM DRAIN IMPROVEMENTS ----- 276 ·-· EXHIBIT "C-1" ·-· SEV\lER & WATER IMPROVEMENTS TRACT MAP 5906 ------ 13 12 I --- -_----1"' _____ ------------ I I -7 I I I I I I I I I _J N.T.S. -- I I I --5 -s --SEWER LINES ------------ --w--w--WATER LINES 1------------------------ LEGEND --------I--------------------- ------------ 277 _!!!!W_ - --r---- I -EXHIBIT "C-2" ----7 SEWER & WATER IMPROVEMENTS : I 7 I I I I I I I I I _J TRACT MAP 5906 ---=-- ~ -----,;:;:_ -------------= , ~-------------~=---'\ , -~ ---------- '\ "' ---~~~ ~ ---------------- '\ '----- -~.,... ---------- "' - - --~_:::. =-----------------'----.~=------~ -------------------=-~ ---------------- ----------1------=----------- ------------------CE GEN D -------------------- s -s -SEWER LINES --------------1---------------w--w-WATER LINES -----------_=_-I ---- I I I I 1/; I / ~ I I 11 ---- ---------- 278 EXHIBIT "D-1" -~IRE~1JMl:~OVEMENTS TRACT MAP 5906 NORTH HILLS PARKWAY ----- ---- ---,---- 7 5 4 TRI GEM COURT 3 -- 8 9 10 CASTLEBRITE STREET I I I I I I == == == == == -=n II ii 13 12 ·-1: :1 N.T.S. 16 17 15 -...... ~o\..oeP..Ro ------ G ------- -~~>--------------- ----------~ ---~~ ~~ ,___ _ ___,JI STREET IMPROVEMENTS I ------------------------------- 1--------------- --------- LEGEND --- 279 ------~- 10 ------------------------------------ -----,________.I STREETIMPROVEMENTS 280 EXHIBIT "E-1" TRACT MAP 5906 NORTH HILLS PARKWAY STREET IMPROVEMENTS 281 EXHIBIT "E-2" TRACT MA~ 5906 NORTH HILLS PARKWAY STREET IMPROVEMEN ifS .................................................... , NORTH HILLS PARKWAY # " " 11 I --I N.T.S. 17 LEGEND -------■ ■ ■ ~ ---NHP STREET IMPROVEMENTS ~I .J.--I I -GABBERT ROAD IMPROVEMENTS 282 ·-· EXHIBIT "F" ·-· LAN~SCAPE AND WALL PLA~ ------ 13 12 I TRACT MAP 5906 --- ---,---- I I -7 I I I I I I I I I _J N.T.S. LEGEND I I I PERIMETER WALL 4ocA .ON ----_ ---------- LANDSCAPI G~OCATIONS -------------••••••••••••••• ----I------------------- 283 EXHIBIT "G-1" STORM DRAIN & Bf\1_~ MAl ~ . .T ENANCE ------, ·-· I l l)---------...U--__j1:--a------J Ji-_._____..._ .j L ""' ,i:-~------.!I r 9 ~ II _,.,,)ts;:-----W---;:~~~-----_J lr-__ .....,__.....,J I I LEGEND I STORM DRAIN MAINTENANCE I IZ,.,....,...7/...,z-z-z-:3 BMP MAINTENANCE -------------I_ - TRACT MAP 5906 N.T.S. 284 - --- --,----- ---------- I I -7 I I I I I I I I I I ---------- EXHIBIT "G-2" STORM DRAIN & BMP MAINTENANCE _j -TRACT MAP 5906 --7 I I I I I I 1/; I / N.T.S. ~ I I ~ j 0::: 1 11 ~I STORM DRAIN & BMP MAINTENANCE ----- 285 SureTec Insurance Company 3131 Camino del Rio N., Suite 1450 San Diego, CA 92108 619-400-4031 CHANGE RIDER To be attached to and form a part of: Improvement Performance and Payment Bond Number: 4418694 Principal: Burns-Pacific Construction, Inc. Obligee: City of Moorpark Development Agreement date: February 15, 2013 Project Number: 96-011 and 96-012 City Project Account No. 06029 Said bond, issued by SureTec Insurance Company, as Surety, is hereby amended as follows: The bond amount is increased from Two Million Two Hundred Sixty-Four Thousand Eight Hundred Eighty-Five & No/1 00ths Dollars ($2,264,885.00) to Four Million Three Hundred Four Thousand Four Hundred Five & 16/100ths Dollars ($4,304,405.16) Tract number: 5906 Reference Drawing Nos.: 18-ML-11081: Tract 5906 Street Improvement Plan 18-ML-11082: Tract 5906 Storm Drain Improvement Plan 18-ML-11083: Tract 5906 Sewer Improvement Plan 18-ML-11084: Tract 5906 Domestic Water Improvement Plan Effective date of rider: April 27, 2021. All other terms and conditions shall remain the same. Signed and sealed this 27 th day of April, 2021. SureTec Insurance Company Surety By:~ Brooke Lafren Change Rider filled in rev . 1.1.06 -.. ...._ . -... .... -.. -- -... . ...... -". -. ..._ .... .. ,_ ...... 286 ALL~ PURPOSE CEFrr;FtCATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. State of California County of San Diego } } On 11 \'\\'\l)L ~) before me, Audre Rodriguez, Nota Public (Here insert name and title o he Officer personally appeared _B_ro_o_k_e_La_f~re_n_.z ________________ _ who proved to me on th e basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wi thin instrument and acknow ledged to me that h e/sh e/they executed the same in his/her/their authorized capacity{ies), and that by his/her/t heir signature(s) on the instrument th e person{s), or the entity upon behalf of which the person(s) acted, executed the instrument. ! certify under PENAL TY OF PERJURY under the laws of the Staite of Caiifomia that the forego ing paragraph is true and correct. id.<c<f°'o~..&;::~~1 :'"!-,,, .... WITN ESS my hand and official seal. . • ·:>-'. :, :/:, AUD REY RODRIGUE Z . ~ '>' -+ ?:~ Not ary Pt,blic -Califo rnia z i; :\.:,<,.,,.-{!!? San Di ego County f; ~ '1 ,,.,.,,,. Com miss ion II 2252940 ~ 1 My Comm. Ex pires Sep 2, 2022 _1..· ~ "" • -,-; {Notary Public Seal) ADDrnoNAl OPTIONAL !NIFOIRMA. T~ON INSTRUCTIONS FOR COMPLETING TIIIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Ac!molwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California not111y law . (Title or descrtption of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ i ndividual (s) □ Corporate Officer (Title) □ Partner(s) 0 Attorney-in-Fact □ T rustee(s} □ Other _________ _ o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date ofnotarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. o Toe notary public must print his or her name as it appears within his or her . commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. o Indicate the correct singular or plural fonns by crossing off incorrect fonns (i.e. he/she/they, is /are) or circling the correct forms . Failure to correctly indicate this information may lead to rejection of docum~t recording. o The notruy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment fonn . o Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additiomrl information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pa1:1es and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 287 POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Ha1Tis County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill , Michael W. Thomas , Brooke Lafrenz , Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of s uretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15 ,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate sea l of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more sui tabl e persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subj ect to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deli ver, any and a ll bonds, recognizances, contracts, agreements or indemnity and oih e r conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company 's liability thereunder, and any such instruments so executed by any such Attorne y-in-Fact s hall be binding upon the Company as if signed by the President and se aled and effected by the Corporate Secretary. Be it Resolved, that the sign ature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate re lating th ereto by fa cs imile , and any pow er of attorney or certificate bearing facsimi le signature or facsimile sea l sha ll be va lid and binding upon the Company with respect to any bond or unde11aking to which it is attached. (A dopted at a meeting held on 20'" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 17th day of August A.D. 2020 . State of Texas County of Harris ss: SURETEC INSURANCE COMPANY By: On this 17th day of Augu st A.O. 2020 before me personally came Michael C. Keimig, to me known , who, being by me duly sworn, did depose and say , that he resides in Houston , Texas, that he is Pres ident of SURETEC fNSURANC E COMPANY, the company describ ed in and which executed th e above in strument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. TANYA SNEED Holary Public, SUlle d r... Convn.ExpirM~20D Notary ID 128571231 Tanya Sneed, Nota y Public My commission e x p -es March 30, 2023 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPAN Y, do hereby certi fy that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is st ill in full force and effect ; and furthermore, the resolution s of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this -~~----,--~-'-'-'-------' -202 1 ,A.D. ::-.......... Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510 143 -,.___ For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:0 G_j)r~·<;;ST.,... ·-- l-:-c---cc---.r-:--'-"Y:...__--''---h,,.-.~ f_ . ~-~. ~: ~ .. . -: .~~ ... : .tary ·• , ·. ' .. J ~ -~ .. --~-:::. . --- ......... 288 SureTec Insurance Company 3131 Camino del Rio N., Suite 1450 San Diego, CA 92108 619-400-4031 CHANGE RIDER To be attached to and form a part of: Grading Bond Number: 4418695 Principal: Burns-Pacific Construction, Inc. Obligee: City of Moorpark Development Agreement date: February 15, 2013 Project Number: 96.013 City Project Account No. D6029 Said bond, issued by SureTec Insurance Company, as Surety, is hereby amended as follows: The bond amount is increased from Four Hundred Fifty-Eight Thousand One Hundred Forty-Three & 15/1 Oaths Dollars ($458, 143.15) to One Million One Hundred Four Thousand Two Hundred Thirty-Two & 80/1 00ths Dollars ($1,104,232.80) Tract number: 5906 Reference Drawing No.: 18-ML-11080: Tract 5906 Grading Plan Effective date of rider: April 27, 2021. All other terms and conditions shall remain the same. Signed and sealed this 27 th day of April, 2021. SureTec Insurance Company Surety By:~ Brooke Lafre Change Rider filled in rev. 1.1.06 ,'-" .. -~ .-. -~~~~~-~:·.:· .. ,. '---... .::: ·. -... --.. -... --: --· -.-...... -.-- -~ -----...... -...... ... .. ... -..... .... 289 ALfLcsa PURPOSE CERTIFICATE OF ACKNOWLEDGM E NT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } } before me, Audrey Rodriguez, Notary Public (Here insert name ana tiUe of the officer) personally appeared _B_ro_o_k_e_L_a::_,r_e_n_z _________________ _ w ho 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 ackn owl edged to me that he/she/they executed the same in his/her/their authorized capac ity(ies), and that by his/her/their srgnaiture{s) 011 the instrument the p erson(s), or the entity upon behai!f of which the person(s) acted, executed the instrument I certify under PENAL TY OF P ERJURY tmder th e laws of the State of Ca!ifomia that the foregoing paragraph is true and correct. J~~ W ITN ESS my hand and official seat i ~tttt2 Not~r:ilpl~~;:~~:::? nia i ~ ~""'' Com mission Ii 2252940 -1 My Comm. Expires Sep 2, 2022 {Notary Public Seal) AIDlrnliONAl OPTiONAl ~NIFOIRMATiON INSTRUCTIONS FOR COMPLETING TIIlS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and at1ached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California notai y law . (Tifle or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ individual (s) 0 Corporate Officer {Title) □ Partner(s) 0 Attorney-in-Fact □ Trustee(s) 0 Other _________ _ 2015 Veislon VV1,Vw .NutaryClasses.com 300-873..,9865 " State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aclmowledgment. e Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her . commission followed by a comma and then your title (notary public). " Print the name(s) of document signer(s) who personally appear at the time of notarization. " Indicate the correct singular or plural forms by crossing off incorrect forms (i .e. he/she/taey, is /are) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of docum~t recording. " The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression stnudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form . o Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i .e. CEO, CFO, Secretary). " Securely attach this document to the signed docu.rnent wit½ a staple. 290 POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, HatTis County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill , Michael W. Thomas , Brooke Lafrenz , Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby confen-ed in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to th e conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15 ,000 ,000 .00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or o bl igatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any s uch instruments so e xec uted by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any author ized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsim il e seal shall be va lid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 17th day of August A.D. 2020 . State of Texas County of Harris ss: SURETEC INSURANCE COMPANY By:_·~--~--'~-=--=---- Michael C. Keimig, Presid / On th is 17th day of August A.O. 2020 before me personally came Michael C. Keimig, to me known , who, being by me duly sworn , did depos e and say, that he resides in Houston, Texas, that he is President ofSURETEC INSURANCE COMPANY, the co mpan y described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. cbSu~ Tanya Sneed, Notaf yPublic My commission exp'lres March 30, 2023 I, M. Brent Beaty, Ass istant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a tru e and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this -=-'--=-'-- -~~·~/~-~- ' •_ 1o.. ... •• Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510143 ::: .._ For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 p aj3:!T: -~ -~-:---.. -..: --.. , = 291 SureTec Insurance Company 3131 Camino del Rio N., Suite 1450 San Diego, CA 92108 619-400-4031 CHANGE RIDER To be attached to and form a part of: Public Improvements Performance and Payment Bond Number: 4418697 Principal: Burns-Pacific Construction, Inc. Obligee: City of Moorpark Development Agreement date: February 15, 2013 City Project Account No. D6029 Said bond, issued by Sure Tee Insurance Company, as Surety, is hereby amended as follows: The bond amount is increased from Four Hundred Thousand & No/1 00ths Dollars ($400,000.00) to One Million Two Hundred One Thousand Fifty-Two & 03/1 00ths Dollars ($1,201,052.03) Tract number: 5906 Reference per DA 6.19, Bullet Points 1 and 2, Improve Gabbert Road -from Poindexter Avenue North to a Point 125' North of the Railroad Right-of-Way and Future North Hills Parkway Along the Project Frontage Effective date of rider: April 27, 2021 . All other terms and conditions shall remain the same. Signed and sealed this 27th day of April, 2021. SureTec Insurance Company Surety By:~ Brooke Lafren Change Rider filled in rev. 1.1.06 -:-.. ---..... ----;.._ -.... .., --.._ ..... -..,_ ....... 292 I • I I ! ij !t I I :! , I All"' PURPOSE CERT!FICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca!ifomia County of San Diego } } before me, Audrey Rodriguez, Notary Public (Here insert narrte and title of the Officer) personally appeared _B_ro_o_k_e_La_f~re_n_z ________________ _ who 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 acknowiedged to me th at he/she/they executed the same in his/her/their authorized capa c ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behai!f of which the person(s) acted, executed the instrument. I certify und er PENAL TY OF PER JU RY under the lan,vs of the State of Ca.lifomia that th e foregoing paragraph is true and correct. '!\\'•~~.,,, di ,, ,,, f, l ~'.'}\, AUDREY ROD RI G_UE Z _ ~ ~ [ 1 ':':· + ·i~~ Notary Public -Ca\1fo rn1a z '.J. V.:t'. :~, -'d!·· San Diego County j; 7 '--G:}(,;;,·-' Comm i ssion# 2252940 - y Comm. Expires Sep 2, 2022 . {Notary Public Seal) AIDID!T!ONAl OPT!ONAl !NIFOR.MAT!O N INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE A TT ACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLA IMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) 0 Attorney-in-Fact □ Trustee(s) □ Other __________ _ 2015 Veision v.;v-1w.NotaryClasses.oorn 300·8/3 ... 9365 Th is form complies with current California statutes regarding notary wording and, if needed, should be completed and auached to the docwnent. Acknolwedgentsfi·om other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California nota,y law . " State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. e Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. " Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of docum!:Ot recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. o Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ fudicate title or type of attached document, number of pages ;md date. ❖ fudicate the capacity cla imed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). " Securely attach this document to the signed docu.'Ilent wit.1-i a staple. 293 POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas , Brooke Lafrenz , Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15 ,000 ,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the pre mises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, an y and all bonds, recognizances , contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's l.iability thereunder, and any such instruments so executed by any such Attorney-in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be ii Resolved, that the signature of any author ized officer and seal of th e Company heretofore or hereafter affixed to an y power of attorney or any certificate relating thereto by facsimile , and any power of attorney or certificate bearing facsimile signature or facsim il e seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2011, of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 17th day of August A .O. 2020 . State of Texas County of Harris ss: SURETEC INSURANCE COMPANY By: __ ~.::.._:_~=-=-~~--~-- Michael C. Keimig, Presid / On th is 17th day of August A.D. 2020 before me personally came M ichael C. Keimig, to me known , who, being by me duly sworn, did depose and say, that he resides in Houston , Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above in strument ; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like ord er. Tanya Sneed, Nota y Public My commission exp es March 30 , 2023 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that th e above and foregoing is a true and co ,,-ect copy of a Power of Attorney, executed by said Company, wh ich is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this -~~- Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510143 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm~~!--- ... 294 SureTec Insurance Company 3131 Camino del Rio N., Suite 1450 San Diego, CA 92108 619-400-4031 CHANGE RIDER To be attached to and form a part of: Public Improvements Performance and Payment Bond Number: 4418698 Principal: Burns-Pacific Construction, Inc. Obligee: City of Moorpark Development Agreement date: February 15, 2013 City Project Account No. D6029 Said bond, issued by SureTec Insurance Company, as Surety, is hereby amended as follows: The bond amount is increased from Two Hundred Thousand Four Hundred & No/1 Oaths Dollars ($203,400.00) to Four Hundred Thirty Thousand Eight Hundred Twenty-Nine & 54/1 OOths Dollars ($430,829.54) Tract number: 5906 Reference per Resolution No. 2013-3182, Condition Nos. 12 and 17 , Design and Construct Landscaping and Perimeter Wall Adjacent to North Hills Parkway Effective date of rider: April 27, 2021. A ll other terms and conditions shall remain the same. Signed and sealed this 27 th day of April, 2021. SureTec Insurance Company Surety By:~ Brooke Lafren Change Rider filled in rev. 1.1.06 295 All,,. PURPOSE CERTIFICATE OF ACK ~OWLEDG!IVH:NY A notary public or other ofticer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of Caiffomia County of San Diego } } before me, Audrey Rodriguez, Notary Public (Here insert name ano tiUe of the officer) personally appeared _B_ro_o_k_e_L_a_f_re_n_z ________________ _ who 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 srgnaiture(s) on the instrument the person(s), or the entity upon beha!.!f of which the person(s) acted, executed the instrument. ! certify under PENAL TY OF PERJURY under the laws of the Staite of California that the foregoing paragraph is true and correct . AU DP.E 'I RODR IGUEZ _: Notary Pub!ic -Ciilifo rnia ; San Di ego County 7 Co mrn i;s ion II 2252940 My Comm . Expi r es Sep 2, 2022 {Notary Public Seal) ~,..·~~ :' iq ·/ :H I !ij J 1~1 ~I ii ll !1 F 11 I~! 1·1 I I , .. 1 11 1 ADD!T!OfNAl OPT!ONAl !NfO~MAT~ON Thisform~~;!~;~I~~n;2it~~:!t;;!:d~!~~~ing and, 1; 1 1 DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgenlsji-om other states may be completed for documents being sent to that state so long as the ' I wording does not require the California notary to violate California nataiy law. i 0 State and County infonnation must be the State and County where the document ~1 signer(s) personally appeared before the notary public for acknowledgment. i e Date ofnotarization must be the date that the signer(s) personally appeared which j, I must also be the same date the acknowledgment is completed. 1 • o The notary public must print his or her name as it appears within his or her •1' I . commission followed by a comma and then your title (notary public). ; .1 o Print the nan1e(s) of document signer(s) who personally appear at the time of ·l,·1 notarization. I. CAPACITY CLAIMED BY THE SIGNER O Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. I , ! he/she/they, is /are) or circling the correct fonns. Failure to correctly indicate this : 1 1 • 1 1 □ individual (s) infonnation may lead to rejection of documi:nt recording. I 11 1 D Corporate Officer " The notary seal impression must be clear and photographically reproducible. ' Impression must not cover text or lines. If seal impression smudges, re-seal if a i I ! (Title) sufficient area permits, otherwise complete a different acknowledgment fonn, I ! I 'I □ Partner(s) 0 Signature of the notary public must match the signature on file with the office of . ; the county clerk. , II I 0 Attorney-in-Fact ❖ Addition'!! information is not required but could help to ensure this , l D Trustee( s) acknowledgment is not misused or attached to a different document. I I Other ❖ Indicate title or type ofattached document, number of pages and date. /Ii I i D ------------❖ fudicate the capacity claimed by the signer. If the claimed capacity is a 11 l .. .:'===:10~:"':~===~ .:::~===~J (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date. ___ _ 296 POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill , Michael W. Thomas , Brooke Lafrenz , Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15 ,000 ,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of th e SureTec Insurance Company: Be ii Resolved, th at the President, any Vice-President, any Ass istant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory und ertak ing s and any and all notices and documents canceling or terminating the Company 's liability th ereunder, and any such instruments so executed by any suc h Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or an y certificate relating thereto by facsimile , and any power of attorney or certifi cate bearing facsimile s ignatu re or facsimile seal s hall be valid and binding upon the Company with respect to any bond or undertaking to which it is attac hed. (A dopted at a meeting held on 201 " of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 17th day of August A.O. 2020 . State of Texas County of Harris ss: SURETEC INSURANCE COMPANY By: On this 17th day of Aug ust A.D . 202 0 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC IN SURANCE COMPANY, the company described in and wh ich executed the above instrum ent; that he knows the sea l of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Tanya Sneed, Not y Public My commission exp es March 30, 2023 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is sti ll in full force and effect; and furthermore , the resolutions of the Board of Directors, set ou t in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ~~~- 297 Premium: $19,761.00 Bond No. ~44~4~4=8-97 ____ _ Reference per DA 6.19 page 12 of 23 and DA 6.22, Improvement North Hills Parkway from the Eastern Tract Boundary to Gabbert Raod and Gabbert Road from North Hills Parkway to a point 125' North of the Rail Road Right-of-way, Tract 5906 Dwg No. ______ _ Project No. ""D""'6""02""9'------ SURETY BONDS -IMPROVEMENTS PERFORMANCE AND PAYMENT WHEREAS, the City of Moorpark, State of California, hereinafter designated as "City" and Burns-Pacific Construction, Inc., hereinafter designated as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated improvements , which said agreement, dated February 15, 2013, and identified as project , 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. NOW THEREFORE, we the Principal and the undersigned , as corporate surety, are held and firmly bound unto the City , in the penal sum of One Million Five Hundred Twenty-One Thousand Seven Hundred Twenty-Two and 31/100 dollars ($1,521,722.31), 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 or its heirs , executors , administrators , successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants , conditions , and provisions in the 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 acco rding to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees , as therein stipulated , then this obligation shall become null and void ; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor , there shall be included costs and reasonable expense 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 ; and , WHEREAS, under the terms of said agreements , Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with 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 ; and , NOW, THEREFORE , said Principal and the undersigned , as corporate surety , are held firmly bound unto City and all contractors , subcontractors, laborers, materialsmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the like sum of One Million Five Hundred Twenty-One Thousand Seven Hundred Twenty-Two and 31/100 dollars ($1,521,722.31) 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, or for any amounts required to be deducted , withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, 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 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 conditions 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 to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on these bonds , 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 the Principal and Surety below named on April 27, 2021. Burns-Pacific Construction, Inc. (Name of Principal) By: ----------------------------- Title : ____________________________ _ Markel Insurance Company (Name of Surety) By ?;yi.,,_ ~ roo~e Lafrenz, Attorney-in-Fact Surety's Address: 3131 Camino del Rio North, #1450 Fonn B6 6-05 ..:, City : San Diego State : _ _,Cc..cA~ ___ Zip: 92108 298 ALL"' PURPOSE CERT;F~CATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid ity of that document. State of Caiifomia } } County of San Diego On '9-J Bf'~L J..O)f before me, Audre Rodriguez, Nota Pub lic (Here insert name and title o he officer) personally appeared _B_r_o_ok_e_L_a_fr_e_n_z ______ ~----------- who proved to me on the b asis 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/the ir signature(s) on the instrument the pe rson{s), or the entity upon behaJ.lf of which the person(s) acted, executed the instrument. ! certify under PENAL TY OF PERJURY under the laws of the Staite of California that the foregoing paragraph is true and correct J-~~~~ ; AUD P.[Y RODRIG~~~-'-t ~ No tary P1.,blic -California z :;: San DieRo Count y 5'; ~ Comrnissio-~ ll 2252940 - My Comm. Expires Sep 2, 20 {Notary Public Seal) ADDrfiONAl OPl'!ONAl ~NfORMATiON INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgentsfi'om other states may be completed for documents being sent to that state so long as the wording does not require the Califomia notary to violate California notmy law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) 0 Attorney-in-Fact □ Trustee(s} □ Other __________ _ 2015 Versio n vvvv-w.NotaryC\asses.corr1 800-873--.9365 o State and County infonnation must be the State and County where the document signer(s) personally appeared before the notaiy public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. o The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). e Print the name(s) of document signer(s) who personally appear at the time of notarization. o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/i'!!ey, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of docum!!Ot recording. o The notary seal impression must be clear and photographically reproducible. lmpression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. " Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional infmmation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the ti tle (i.e. CEO, CFO, Secretary). <> Sec\lfdy attach this doi:;ument to the signed docu..•mmt with a staple. 299 Markel Insurance Company LIMITED POWER OF ATTORNEY POA# 510143 Kn o w All Men by These Presents, That MARKEL INSURANCE COMPANY (the "Company''), a corporation duly organized and existing under the laws of the State of Illinois, and having its principal administrative. office in Glen Allen, Virginia, does by these presents make, constitute and appoint Larry D. Cogdill , Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any. and all bonds, recognizances, undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) and to bind the Company thereby as fully ;md to the same extent as if such bond were signed by the President, sealed w ith the corporate seal of the Company.and duly attested by its Secretary, he reby ratifyi ng and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue In force until 1/31/19 and is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED, that the President, any Senior Vice Ptes ldent, Vice President, Assistant Vice President, Secretary, Assistant Secretary or Assistant Treasurer shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for on behalf of the Company, subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary. FURTHER RESOLVED, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached . In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice President, Mr. Robin Russo , and its corporate seal to be hereto affixed this~ day of June 201s • Commonwealth of Virginia Henrico County By:.__,---------- Robin Ru~so, Senior Vice President On t his~ day of __ J_u_n_e_~ 2018 before-me personally came Mr. Robin Russo, to me known, who being by me duly sworn, did depose and say that he resides ·i n Henrico County, Virginia, the he is a Senior Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the above instrument; that"he knows the seal of said Company; that the seal affixed to said instrument Is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he sigl].l:IILD.~WIJJ:.JJ11:.UU1:U1¥-U"""-==------, Power of Attorney, executed by said Company, which Is still In full force and effect; and, furthermore, the resolutions of the Boa rd of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Glen Allen, Virginia this ~ /-¾-.day of Richard R. Grinnan, Vice President and Secretary Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this Power you may call (713) 812-0800 on any bus i ness day between 8 :00 AM and 5:00 PM CST. 300 Premium: $354.00 SURETY BOND MONUMENTS BOND NO. --'-44..;.....;4'-'-48.;;;;..;;9;....;:;.8 __ _ PROJECT NO. D6029 ------- KNOW ALL MEN BY THESE PRESENTS: That Burns-Pacific Construction, Inc., as Principal , and the undersigned, Markel Insurance Company, as corporate surety, are held and firmly bound unto the City of Moorpark, State of California as Obligee, in the sum of Twenty-Three Thousand Five Hundred Ninety-Two and 80/100ths Dollars ($23,592.80) for which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents . The condition of the above obligation is such that: WHEREAS, the Principal is the owner of Moorpark City Tract No. 5906 -North Hills Parkway Monumentation which is subject to the requirement of having sufficient durable monuments to conform with the standards described in California Business and Professions Code Section 8771; and WHEREAS, the Principal is legally obligated to cause said monuments to be set; and WHEREAS, the Principal, as a condition to filing a final subdivision map on said tract, is required pursuant to California Government Code Sections 66441 and 66498, inclusive, to execute a bond guaranteeing payment to the registered civil engineer or licensed surveyor for the setting of these monuments. NOW, THEREFORE, if the Principal shall pay the registered civil engineer or licensed surveyor for his services in setting the monuments for the above referenced tract, this obligation shall be null and void; otherwise this obligation shall remain in full force and effect, and, upon demand by the Obligee, Surety shall pay to the Obligee the amount of this bond, and shall also, in case suit is brought upon this bond , pay to Obligee court costs and a reasonable attorney's fees to be fixed by the Court. Dated this 27th day of April, 2021. Burns-Pacific Construction, Inc. (Name of Principal) By ____________________ _ Title ____________________ _ Markel Insurance Company By ~ (Name of Surety) ooke La renz (Attorney-in-Fact) Address 3131 Camino de io N. #1450 City San Diego , State __ C_A __ Zip 92108 INDICATE COMPLETE ADDRESS OF SURETY TO WHICH CORRESPONDENCE CONCERNING THIS BOND SHOULD BE DIRECTED. ...... ,., .. ~ / •-::\k,-/-.:=;;\ .... Form 87 6-05 -:.::-...f ~ .... . · ' .· ... 301 I l I ,I i! ALL"' PURPOSE CERTIFiCATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cainfomia County of San Diego } } before me, Audrey Rodriguez, Notary Public (Here insert name and title of the Officer) personally appeared _B_ro_o_k_e_La_f_re_n_z ________________ _ who 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 caipacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behailf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the Sftaite of Cal ifornia that the foregoing paragraph is true and correct. {Notary Public Seal) ADDff!ONAl OPTIONAL !NfOIRMA T!On\'l INSTRUCTIONS FOR COMPLETING TIUS FORM This fo rm complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the Califomia notary to violate California notary law. (Tille or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ In dividual (s) □ Corporate Officer (Title) □ Partner(s) 0 Attorney-in-Fact □ Trustee(s) □ Other __________ _ " State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. " Date of notarization must be the date that the signer(s) personally appeared which must also be the s<1me date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her -commission followed by a comma and then your title (notary public). o Print the name(s) of docwnent signer(s) who personally appear at the time of notarization. " Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of documi:nt recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete l! different acknowledgment form . " Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporat_e officer, indicate the title (i.e. CEO, CFO, Secretary). ji l 2D'\ 5 Verni on www .NotaryCiasses.cc,m &00-873 -98 55 <> Securely attach this document to the signed docunient with a staple. ~Fi.§'--:.-. ,L>-.~~~~ ~~~2~~¥?>X~..=:.t1._ ... ,~~~~~~~:z~~~~-~€· 302 Markel Insurance Company LIMITED POWER OF ATTORNEY POA# 510143 Know All Men ·by These Presents, That MARKEL INSURANCE COMPANY (the "Company''), a corporation duly organized and existing under the laws of the State of Illinois, and having its principal administrative.office in Glen Allen, Virginia, does by these presents make, constitute and appoint Larry D. Cogdill , Michael W. Thomas, Brooke Lafrenz, Gladys Rogers , Audrey Rodriguez its t rue and lawful Attorney-in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the·corporate seal of the Company.and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 1/31/19 and is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED, that the President, any Sen ior Vice Ptesident, Vice President, Assistant Vice President, Secretary, Assistant Secretary or Assistant Treasurer shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for on behalf of the Company, subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf _of the Company, to execute, acknowledge and deliver, any and all bonds, recogn izances, contracts, agreements or i ndemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary. FURTHER RESOLVED, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power · of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with resp!!ct to any bond or undertaking to which it Is attached. In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice · President, Mr. Robin Russo, and Its corporate seal to be hereto affixed this~ day of June 201a . Commonwealth of Virginia Hen r ico County By:,__,~...L.~.....,._.::....;.__~_ Robin Russo, Senior Vlce Pres i dent On t his~ day of June 2018 before me personally came Mr. Robin Russo, to me known, who being by me duly sworn, did depose and say that he resides ·in Henrico County, Virginia, the he is a Senior Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal aff1Xed to said instrument Is such corporate seal; that it·was so affixed by order of the Board of Directors of said Company; and that he sig,J.!:!LJJJl.UllAllLCJ.LLCJ'-"-"u..u¥-J<11.C.JW-LJu:.i...-----, Donna Strauss Commonwealth of Virginia · If::.... k L_ By•W)t,+c lITZl,,AA_ Notary Public Commission No. 7083968 Ms. Donna Strauss ffJJf• My-Commission Expires 1/31/2019 I, Richard R. Grinnan, Vice President and Se,-,.,...,,.,.i'i-if-Jli1ARKECTrir~ , o ereby certify that the above and foregoi ng is true and correct copy of a Power of Attorney, executed by said Company, which is stlll ln full force and effect; and, furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Glen Allen, Virgi nia this l1.%\.. day of A pci \ . ;).D:). l By :fld-J R. ~---~ - Richard R. Grinnan, Vlce President and _Secretary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this Power you may call (713) 812-0800 on any business day between 8:00 AM and 5:00 PM CST. 303 Premium: $357.00 SURETY BOND MONUMENTS BOND NO. 4444899 ""'---',""'---',~..C....---- PROJECT NO. D6029 ------- KNOW ALL MEN BY THESE PRESENTS: That Burns-Pacific Construction, Inc., as Principal, and the undersigned , Markel Insurance Company, as corporate surety, are held and firmly bound unto the City of Moorpark, State of California as Obligee , in the sum of Twenty-Three Thousand Eight Hundred Five and 79/100ths Dollars ($23,805.79) for which sum we bind ourselves, our heirs, executors , administrators, successors, and assigns, jointly and severally by these presents. The condition of the above obligation is such that: WHEREAS, the Principal is the owner of Moorpark City Tract No. 5906 which is subject to the requirement of having sufficient durable monuments to conform with the standards described in California Business and Professions Code Section 8771; and WHEREAS, the Principal is legally obligated to cause said monuments to be set; and WHEREAS , the Principal, as a condition to filing a final subdivision map on said tract, is required pursuant to California Government Code Sections 66441 and 66498, inclusive, to execute a bond guaranteeing payment to the registered civil engineer or licensed surveyor for the setting of these monuments. NOW, THEREFORE, if the Principal shall pay the registered civil engineer or licensed surveyor for his services in setting the monuments for the above referenced tract, this obligation shall be null and void; otherwise this obligation shall remain in full force and effect, and , upon demand by the Obligee , Surety shall pay to the Obligee the amount of this bond, and shall also, in case suit is brought upon this bond , pay to Obligee court costs and a reasonable attorney's fees to be fixed by the Court. Dated this 27th day of April, 2021. Form 87 6-05 B urns-Pacific Construction, Inc. (Name of Principal) By ____________________ _ Title --------------------- Markel Insurance Company (Name of Surety) By ~ City San Diego State __ C..;;;;.;...;A;,__ _ _;Zip 92108 INDICATE COMPLETE ADDRESS OF SURETY TO WHICH CORRESPONDENCE CONCERNING THIS BOND SHOULD BE DIRECTED . -: llll"11."'''"''......._~ .. ~ -.... -.. ·:--:-~·-··.<~.>\ : _..., 1 . ....... 304 Alls PURPOS E CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caiifomia } } Cou nty of San Diego On J-]: fl-~r<JL ~o-1 before me, Audrey Rodrig uez, Notary Public (Here insert name and bUe of the officer) personally appeared _B_r_o_o_ke_L_a_fr_e_n_.z _______ ---,. _________ _ w ho proved to me on th e basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pe rson(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify un der PENAL TY OF PERJURY under the laws of th e State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat {Notary Public Seal) ADfD!TIONAl OPfiONAl ~NIFORMA T~ON INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknohvedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California notwy to -violate California nataJy law. (Tifle or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer o State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. e Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). e Print the name(s) of docwnent signer(s) who personally appear at the time of notarization. " Indicate the correct singular or plural forms by crossing off incorrect forms (i .e. he/she/~ is /are) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of docurnlfilt recording. o The notruy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment fonn. □ Partner(s) 0 Signature of the notary public must match the signature on file with the office of ! the county clerk. I 0 Attorney-in-Fact ❖ Additional information is not required but could belp to ensure this , □ Trustee(s) acknowledgment is not misused or attached to a different document. 'j O h ❖ Indicate title or type of attached document, number of pages and date. i D t er------------❖ Indicate the capacity claimed by tl1e signer. If the claimed capacity is a _; j corporate officer, indicate the title (i .e. CEO, CFO, Secretary). [, L ~-~'-" 2015 ::::vvr:~:ry~=e:;:' :~~~=~~~-~~~~:::::::::::~::~:;-::::~=~~~~ 305 Markel Insurance Company LIMITED POWER OF ATTORNEY POA# 510143 Know All Men by These Presents, That MARKEL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Illinois, and having its principal administrative.office in Glen Allen, Virginia, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the· corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-In-Fact may do in the premises. Said appointment shall continue in force until 1/31/19 and is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED, that the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary or Assistant Treasurer shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-ln-Fact to represent and act for on behalf of the Company, subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf _of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as If signed by the President and sealed and effected by the Secretary. FURTHER RESOLVED, that the signature of any authorized officer and seal of the Company heretofore or hereafter -affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached. In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice · President, Mr. Robin Russo, and its corporate seal to be hereto affixed this~ day of __ Ju_n_e __ 201s Commonwealth of Virginia Henrico County By:__,~..r-~.M..:;..;.._.,;__ Robin Ru~so, Senior Vice President On this~ day of June 2018 before me J)ersonally came Mr. Robin Russo, to me known, who being by me duly sworn, did depose and say that he resides ·In Henrico County, Virginia, the he is a Senior Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the above instrument; that'he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he siglJ.!:l.l....llIUIAIIJ.1:..JJJJ:.~1U1¥-11~=1eL-----, Q. ·· , Donna Strauss . ~ • Commonwealth of Virginia I. _L__ By• l.ITpu.M.,--Notary Public · · -: . Commission No. 7083968 Ms. Donna Strauss ••· Mv·commission Expires 1/31/2019 I, Richard R. Grinnan, Vice President and Se 'MARKErlN'SURAliJ , o ereby certify that the above and foregoing is true and correct copy of a Power of Attorney, executed by said Company, which is still In full force and effect; and, furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. l'\"l-1-\,, Given under my hand and the seal of said Company at Glen Allen, Virginia this~ day of A42c", \ . i,o;i1 . By:12v;/J. R . ~---~ - Richard R, Grinnan, Vice President and Secretary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. , ........ ...__,__ Fon,e,lfl~tio• ohhe ••lhorit, of lh• Powe< Vo• moy ~II ~13) 812-0SOO oo ~y b~I•~• d,y •-•• ~-00 AM ~d S"'1 PM CST, •• :;::':~ :;}'{(?:\ -.. ~ ~--.. -"', ~ ~ .. _ .. : . -"' ~ _.,,, ... ~-----:...;., . .... ·--:..·~ .......... : '"'" .... 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