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Final Tract Map 15535 Tentative Tract 15535-Waterfront Hilto
• • CEID 2006 NOV -8 PM 2 18 3kERIK Council/Agency Meeting Held: CITY F Def rred/Continued to: y X HUNTimGTOU BEACHCf Appr ved ❑ Conditionally Approved ❑ Denied f- City Clerk's Signa ure Council Meeting Date: 11/20/2006 Department ID Number: PW 06-072 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: PEN OP �CLBRETH-GRA FT, C IT MORF TRATOR OP PREPARED BY:.�OBERT F. BEARDSLEY, PE, DIRECUBLIC WORT SUBJECT: Approve The Release Of The Bond Held for Guarantee And Warranty For Tract No. 15535 (The Hyatt Resort) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract 15535 (Hyatt Resort) located on the north side of Pacific Coast Highway between Beach Boulevard and Huntington Street. The Faithful Performance Bond provided by the developer, PCH Beach Resort, LLC, as the security furnished for guarantee and warranty of improvements is eligible for release. Funding Source: No funds required for this action. Recommended Action: Motion to: 1. Release Faithful Performance Bond No. B34231950, the security furnished for guarantee and warranty of improvements for Tract 15535 (Hyatt Resort); and, 2. Instruct the City Clerk to notify the developer, PCH Beach Resort, LLC, and the City Treasurer to notify the Surety, Gulf Insurance Company, of this action. Alternative Action(s): Deny the recommended action. REQUEST FOR CITY COUNCIL AC ON MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: PW 06-072 Analysis: On October 20, 2003, the City Council accepted the improvements constructed and dedicated for public use within Tract No. 15535 and accepted Faithful Performance Bond No. B34231950; the security furnished for guarantee and warranty of improvements. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. Public improvements constructed consists of Pacific View Avenue, Twin Dolphin Drive, the sanitary system and appurtenances, the storm drain system and appurtenances, and the domestic water system and appurtenances within the public streets. Following is a list of project data: Developer: PCH Beach Resort, LLC, 660 Newport Center Drive, Suite 1050, Newport Beach, CA 92660 Engineer: Fuscoe Engineering, 5465 Morehouse Drive, Suite 180, San Diego, CA 92121 Location: North side of Pacific Coast Highway, between Beach Blvd. and Huntington St. Zone: Specific Plan 5/CZ (Downtown Specific Plan — District 9/Coastal Zone) No. of Acres: 18.6 acres No. of Lots: 2 numbered lots Environmental Status: The recommended action to release the security is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. Location Map—Tract 15535 -2- 11/1/2006 3:16 PM ATTACHMENT # 1 • 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of the Faithful Performance Bond for Tract 15535 - Hyatt Resort COUNCIL MEETING DATE: November 20, 2006 RCA ATIAC 14M]tNTS, STA"1 � Ordinance (w/exhibits &legislative draft if applicable) Attached Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable Tract Map, Location Map and/or other Exhibits Attached 97, Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached -Er— (Signed in full by the City Attomn Not Applicable Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the CityAttomey) Attached Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached 11 Not Applicable Staff Report (If applicable) Attach Not A educable El Commission, Board or Committee Report (If applicable) Attached Not Ap licable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLAI ATIO FOR MISSING ATTACHMENTS REVIEWED RTRNED FOR AR Ep. Administrative Staff Deputy City Administrator Initial C City Administrator Initial City Clerk EXPLANATION F4'R RETURN'OF IMM.- (Below Space For City Clerk's Use Only) RCA Author: J.Wagner x5467,T. Elliott x5580 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 12, 2006 PCH Beach Resort, LLC 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92660 Re: Release of the Faithful Performance Bond for Tract No. 15535(The Hyatt Resort) Please be advised that on Monday, November 20, 2006 the City Council of the City of Huntington Beach took the following action: Approved the Release of the Faithful Performance Bond Provided by Developer, PCH Beach Resort, LLC as the Security Furnished for Guarantee and Warranty of Improvements for Tract 15535, the Hyatt Resort—1. Release Faithful Performance Bond No.1334231950, the security furnished for guarantee and warranty of improvements for Tract 15535 (Hyatt Resort); and 2. Instructed the City Clerk to notify the developer, PCH Beach Resort, LLC. of this action, and the City Treasurer to notify the Surety, Gulf Insurance Company, of this action. Sincerely, t4vanL. Flynn lerk JL:pe gAollowupltractlrelease bonds for tract-letter.doc (Telephone:714-536.5227) 9l MOD3 5:30:16 PM SeabreezeD' -�Ir ----- ----',- Sunrise d��cCo \, 4 TRACT 15535 N W E S City of Huntington Beach Scaie:.1"= 311' Location Map City of Huntiniaton Beach • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L.FREIDENRICH CITY TREASURER May 17, 2004 CERTIFIED MAIL Gulf Insurance Company 125 Broad St., 8`}'Floor New York, NY 10004 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 20, 2003 approved the release of the following bond: Tract# 15535 Monument Bond No. B34231951 We are releasing the bond and have enclosed it for your file. Also enclosed is a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT, CMFA City Treasurer Enclosures cc: PCH Beach Resort, LLC 660 Newport Center Dr., Ste., 1050 Newport Beach, CA 92660 Terri Elliott, Principal Civil Engineer(no attachments) Liz Ehring, Assistant City Clerk(no attachments) Recording requested by, Recorded in Official Records, County of orange and when recorded return to: Tom Daly, Clerk-Recorder Connie Brockway,City Clerk I1111111111111111111111111111111111111111I1111IIII11110111111111111N0 FEE Office of the City Clerk 2003001364347 08:24am 111061 03 CITY OF HUNTINGTON BEACH 214 110 A04 1 P.O.Box 190—2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 30, 2003, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15535. Public improvements constructed consist of Pacific View Avenue, Twin Dolphin Drive, the sanitary system and appurtenances, the storm drain system and appurtenances, and the domestic water system and appurtenances within both the public and private streets. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at October 20, 2003 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 0e%bt3L--7Z_ _-3/ 20a3 COME �ROCK'�V1�Y City Clerk and Ex-officio Cler of the City/X'���eputy cil Of the City of Huntington Beach,California By wrtt CITY OF UNTIN BEACH This doent is solely for the otliciat buelness of the City of Hunwvwn by: City Engineer Beach.as=110mostsd under Gowrnment Code Sec,6103 and should be recorded free of charge. HABonds\Tract 15535\Tract acceptance form.doc r , Recorded in Official Records, County of Orange OFFICIAL BUSINESS Tom Daly, Clerk-Recorder Document entitled to free IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 14.00 recording per Government 2003001020245 02:23pm 08/22/03 Code Section 6103 130 11 R23 5 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 Recording Requested By and When Recorded Mail To: - REDEVELOPMENT AGENCY OF THE 'L°T CITY OF HUNTINGTON BEACH pe, 2000 Main Street t Huntington Beach, CA 92648 Attn: Executive Director (Space Above For Recorder's Use) REQUEST FOR NOTICE Request is hereby made on this day of 2003, that a copy of any NOTICE OF DEFAULT and a copy of any NOTICE OF SALE Wider the that certain Leasehold Deed of Trust, Assignment of Leases and Profits, Security Agreement and Fixture Filing recorded as Instrument No. 200300 43bX in the Official Records of Orange County, California on May 29, 2003, executed by_PCH_Beach Resort. LLC. as Trustor, in which GMAC Commercial Mortgage Corporation is named as Beneficiary, and First American Title Insurance Company, as Trustee, and describing the following real property: Please see Exhibit"A" attached hereto and incorporated herein. be mailed to REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH at the following address: Redevelopment Agency of the City of Huntington Beach City Hall 2000 Main Street Huntington Beach, California 92648 Attn: David Biggs, Director of Economic Development NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. [End—Signature Block On Next Page] 162/019740-0001 421006.03 a08/06/03 WHEREAS, the undersigned has executed this Request for Notice as of the date set forth above. PCH BEACH RESORT,LLC, a California limited liability company By: Grand Resort,LLC, a California limited liability company, its managing member By: RLM Management, Inc., a California corporation, its manager By: Nam Title: e, /, ¢ 162/019740-0001 421006.03 a08/06/03 -2- l• 1 STATE OF CALIFORNIA , ) ss. COUNTY OF ®koky—iq ) On u-s-r IS, �Fj before me,��� S. �, (G2. , Notary Public, personally appeared L. IY\ AV QP , personally known to me (or proved to me on basis of satisfactory evidence) to be the person(y) whose name(4 is/aye subscribed to the within instrument and acknowledged to me that he/skeAhe3, executed the same in his/lapkkeir authorized capacity("), and that by his/13ek4oiz signature(g) on the instrument the person(jr) or the entity upon behalf of which the person(o acted, executed the instrument. ial seal. OESOP M&MLLMR caflw w wf 1sONIh A A , Cam Notary Public [SEAL] 162/019740-0001 421006.03 a08/06/03 -3- EXHIBIT"A" DESCRIPTION OF PROPERTY All that certain land situated in the State of California, County of Orange, City of Huntington Beach, and is described as follows: `Parcel A Lot 1 of Tract No. 15535, as shown on a map filed in Book 790, pages 44 to 50 inclusive of Miscellaneous Maps, Records of Orange County, California Parcel B: A non-exclusive revocable license to utilize that certain area defined as "Grand Coast Resort Improvement Area" in that certain "License Agreement to Provide Landscaping and Other Improvements in the Public Right-Of-Way" ("Agreement") recorded April 18, 2001 as Instrument No. 20010232765 of Official Records of Orange County, California, and delineated on Exhibit "F" attached thereto, for the installation, maintenance, repair and replacement of landscaping and other improvements, as said license is set forth in paragraph 2 of the Agreement. Parcel C: A non-exclusive revocable license to utilize that certain area defined as "Overcrossing Improvement Area" in that certain "License Agreement to Provide Landscaping and Other Improvements in the Public Right-Of-Way" ("Agreement") recorded April 18, 2001 as Instrument No. 20010232765 of Official Records of Orange County, California, and delineated on Exhibit "G" attached thereto, for the installation, maintenance, repair and replacement of overcrossing and other improvements, as said license is set forth in paragraph 2 of the Agreement. EXHIBIT"A" 162/019740-0001 421006.03 a08/06/03 TO REQUEST FOR NOTICE 'STmn-cC CALWORNIA }SS. o06M CF.. (r) RpvY-N&& } On f IU003 before me. f- eo R"A 6t S rl JtP p appeared -N)A EOT Lf ek- .pe=rK*known to me(or proved to me on the basis of satisfactory evidence) to be the pens x#) whose nomeo Islam-a&=bed to the within instrument and acknowledged to me that hel*e9' executed the some in hiss authortzed cops .-Ale&). and that by hiss signatuWs)on the Instrument the persono or entity upon behalf of which the person(s) acted.executed the lnshument. VvITNESS my hcnd and Official seal. DEBORAH S.MOJ.fitRR Commission#130M Notary Public-Caftift Orange Coui* MYCWM ENX=AWA= Signatur tirric also 1br awll�Ol rs>blal Sd) GOVEMMM COOS 27361. 7 1 certify under penalty of perjury that the Notary Seal on the document to which this statemer d Is attached' reads as follows- NAME OF THE NOTARY: b"Aa w- 4- S E K' L l djQ_ I pJE COM AMON S: -A p Ai i Q;a , aA©�5 COUNTY WHERE BOND IS FILED: ©1z.%rkT�%C,is , COMMISSION NUMBER: [3 00 3 83 - MANUFAC1URMNENDOR NUMBER: W ft PLACE OF N: UAlE: s a._3 Sf I certify under penalty of perjury and the laws of the State of Conffomia that the Illegtie portion of this document to which this stateme-- n�attached reads as follows: lV �� Place of Execution Date $ignnh nA.0 �I FOBCITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: September 24,2003 SUBJECT: Request for Notice Signed by Robert Mayer RLS 2003-0451 You have asked for a short memo regarding the above-referenced document. The document is a request,by PCH Beach Resort,that a copy of any notice of default or notice of sale regarding the Hyatt Grand Resort property be mailed to the Redevelopment Agency. It does not require "Approval As To Form"by the City Attorney's Office. Please contact me if you have any further questions. - JENNIFER MCGRATH, City Attorney /k pdaWmemos/mayer CITY OF ANTINGTON BEACH RLS"°� 3- 0 f'S",(; REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date 91ms Date: Request made by: Telephone: Department: 9/9/03 Connie Brockway 5227 Clerk INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)* *All deadlines are based on the date the City Attorne 's Office receives the RLS. This request was reviewed and approved. RECEIVED SEP 0 g 2003 Signature of Department Head COMMENTS Please identify all attachments to;this RLS. Review Request for Notice signed by Robert Mayer given to Clerk by Econ Dev Shaded areas for City Attorneys Office use only This,_r ue request far LegaTServices has been assigned to Attorney extension His/her secretary is extension Notes: Date Completed: RLS form 9/9/2003 4:53 PM CITY OF HUNTINGTON BEACH MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW 03-073 Council/Agency Meeting Held: 3 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied / City verk,sygnaturf Council Meeting Date: October 20, 2003 Department ID Number: PW 03-073 CITY OF HUNTINGTON BEACH o _ 0 REQUEST FOR ACTION =� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS C� y M SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works , n SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15535 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: PCH Beach Resort, LLC, the developer of Tract No. 15 535, located on the north side of Pacific Coast Highway between Beach Boulevard and Huntington Street, has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15535; and, 2. Retain the Faithful Performance Bond No. B34231950; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to verify that the bond is filed with the City Treasurer; and, 3. Release Monument Bond No. B34231951 pursuant to California Government Code Section No. 66499.7(b); and, 4. Instruct the City Clerk to notify the developer, PCELPMch Resort, LLC, of this action and the City Treasurer to notify the Surety, Gulf Insruance Company, of this action; and, ✓'5. Instruct the City Clerk to record the "Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This action may violate the Subdivisio Map Act. 03-073 Oct 20 Claudio(Tract 15535 Bond Release) ;2a' 10/1/2003 5:49 PM � C- 5 RE TI •QUEST FOR ACTION MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW 03-073 Analysis: On August 2, 1999, the City Council approved Final Map No. 15535 and accepted bonds from The Robert Mayer Corporation, the securities furnished for faithful performance, labor and material and monuments. Subsequently, PCH Beach Resort purchased Tract 15535 from The Robert Mayer Corporation and the City Council accepted the substitute bonds and subdivision agreement. PCH Beach Resort has completed all required public improvements, and is requesting acceptance of the work and release of the monument bond, pursuant to California Government Code Section 66499.79(a). Public improvements constructed consist of Pacific View Avenue, Twin Dolphin Drive, the sanitary I system and appurtenances, the storm drain system and appurtenances, the domestic water system and appurtenances within both the public and private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The Subdivision Agreement between the City and PCH Beach Resort, LLC accepted by Council on December 16, 2002 allows the City to retain the existing Faithful Performance Bond as security for the one-year warranty period. Following is a list of project data: Developer: PCH Beach Resort, LLC, 660 Newport Center Drive, Suite 1050, Newport Beach, CA 92660 Engineer: Fuscoe Engineering, 5465 Morehouse Drive, Suite 180, San Diego, CA 92121 Location: North side of Pacific Coast Highway, between Beach Blvd. and Huntington St. Zone: Specific Plan 5/CZ (Downtown Specific Plan — District 9/Coastal Zone) No. of Acres: 18.6 acres No. of Lots: 2 numbered lots On December 16, 2002, the City Council accepted the Subdivision Agreement and Bond Nos. B34231950 and B34231951, the securities furnished for Faithful Performance/Labor & Material and Monuments, respectively. Under the terms of this agreement, PCH Beach Resort, LLC provided to the City a Faithful Performance Bond to guarantee performance and maintenance of the work for a period of one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Califormia. Administrative Code, Title 14, Chapter 3. Section 15268(b). 03-073 Oct 20 Claudio(Tract 15535 Bond Release) 10/1/2003 5:49 PM a • • REQUEST FOR ACTION MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW 03-073 Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Faithful Performance Bond No. B34231950 (copy) 3 Acceptance of Public Improvement Form RCA Author: J.Claudio 03-073 Oct 20 Claudio(Tract 15535 Bond Release) 4 10/1/2003 5:49 PM 3 ATTACHMENT # 1 9/30/2003 5:30:16 PM n(;ro A Sunrise F� \ �, cC �o go m z m TRACT 15535 W E _ R r S City of Huntington Beach Scale: 1"= 311' Location Map ATTACHMENT #2 * BC&O, B34231950 ERECUTED IN TRIPLICATE PREMIUM $3,650.00 FAITHFUL PERFORMANCE'BOND WHEREAS,the City Council of the City of HUhtirigton Beach,State of California,and PCH BEACH RESORT. LLC , (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15535 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, Now,therefor,we,the principal and GULF INSURMCE CONPAM as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of THREE HONORED SIXTY FIVE TH USMD AND N0/100'S dollars($ 365,000.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jd*and severally,firmly by these presents. The condition of this obligation is such that if the above Hounded principal,his or its helm, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided;on his or their part,to be kept.and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full forme 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 expenses and fees,including reasonable attomeft fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. I i t The surety hereby stipulates and agrees that.no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond.and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been.duly executed by the principal and surety above named,on NOVEMBER 21 2002 PCH BEACH RESORT, LLC as Principal • By By GULF INSURANCE COMPANY as Surety By - TERRY, ATTORNEY—IN— ACT �PPBQVEiF is TO FOR11a OM HUTTON,, City Attorney AA 1te.P*y_..ity,AttoxmM 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME,_ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 801&01 3 • r CAUFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of CA g.",Eap In , V -- County of n?_t-M� On_Nn ►nA Je ArVZ. � aDD -- before me, �e f3&R.b� Date Name and Title of officer(e.g:,'Jane Doe.Notary Public") personally appeared _809sgl C- krlwo Siz CXagE2T L HAV O-W-1 42 , N e(s)of 13igner(s) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) / whose name(s)4e/are subscribed to the within instrument and acknowledged to me that heA9149/they executed the same in hisfiar/their authorized capacity(ies),and that by hi&Agw/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, DEBORAH S.MILLER executed the instrument. L�.M Co m*Won*1300383 Notary Public-California O*enpe county WITNESS my hand and official seal. I�yComn E�itesApr?2,zoos Q signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: y t pa_t Document Date: I�fl� �+-t= -!L �-(T �r9D�- Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name�R.1-4 , L. Signer's Name: 63F_,ZZ G, ❑ Individual ❑ Individual �orporate O ' er Corporate Officer Title(s): �Q Title(s): Sp c.Ae-_::rir�}-- ❑ Partner-0 Limited 0 General .0 Partner—❑ Limited. ❑ Genera--. ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 GULF INSURANCE COMPANY HARTFORD, CONNECTICU+T WOOER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf insurance Company,a corporation duly organized under the laws of the S:_:e of Connecticut,Navin its principal office in the,city of Irving, Texas, pursuant to t o following resolution, adopted by the Finance & Executive Committe_.s;.the Board of Director of the said Company on the 1 Cith day o;August,1993,to "RESOLVED,that the President, Executive Vice President o. any Senior Vice President of the Company shall have authority to r'_{e, execute and deliver Povier of A torney constituting as Attorney-in-Fact, such persons,firms,or corporations as may be selected from time to time;anci_-.1;such Attorney-in-Fa( may be removed and the authority granted him revoked b j the President, or any Executive Vice President, or any Senior Vice Pre;:rant, or by the Board c Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall to construed as a grant of authority to the attorney(s)-in-fact to sign,ex.-: *a,acknowledge,deliVE or other;iise issue a policy or policies of insurance on bef-a,`, of Gulf Insurance Company. RESOLVED,that the signature of the President, Executiv_a'Pica President or any Senior Vice President,and the Seal of the Come_�y may be affixed to an such Power of Attorney or any certificate relating t ,hereto ty facsimile, and any such powers so executed and certified by facsL signature and facsimil sea!shal! be valid and binding upon the Company in the fL-ra with respect to any bond and documents relating to such bonds t_ :.,,ich they are attached. Gulf Insurance Company does hereby make, constitute and appoint KATHLEEN TERRY its true and lawful attorneys)-in-fact, with full power and a.ahority hereby conferred in its name, place and stead,to sign, execu= acknowledge and delivi in its behalf,as surety, any and all bonds and undertakings of suretyship,:and to bind Gulf Insurance Company thereby as fully a.._ to the same extent as any bonds;undertakings and documents relating to such b, ^ds and/or undertakings were signed by the duly authorized officer of tine:gulf Insurance Compar and all the acts of said attorney(s)-in-fact, pursuant to the a:thority herein given,are hereby ratified and confirmed, The obligation of the Company shall not exceed five million ( ,000,000) dollars. I'll WITNESS WHEREOF, tha Gaff Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seat I be hereto affixed. A GULF INSURANCE CO IPA\Y �\,5\3RANCE'CC� J� �agPORglF SEAL STATE OF NEWYORK SS n��N <G� COUNTY OF NEWYORK EC< Lawrence P.NIiniter Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter,known to me personally who being by me duly sworn, did depose and sa that he resides in the County of Berger,,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation describe in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such.corporate sea that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. Y ANGIE MAHABIR•BEGAZO STATE OF NEWYORK SS 9�AVBL�t'�O� Notary Public,State of New York COUNTY OF NEWYORK OFN No.01NIAb019988 Qualified in Kings Count' Commission Expires Febr ary 15,2003 1,th and-signed,Sanior Vice°r;yident cf the Gulf insur2,v"a C„omrasy, a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attachE PO';I R OF ATTORNEY remains in full forea. .NCE Dated the 21ST day of NOVEMBER ,20 02 51jr,ed and Sealed at uh,City of Nie%vYcrk. V EA AT ,K t George B!�ncacd: STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On November 21,2002 ,before me, F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F. GRIFFIN COMM. ##1309007 (A + NOTARY PUBLIC-CALIFORNIA U SAN DIEGO COUNTY ., My Commission Expires JUNE 15,2005 Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) t i i ATTACHMENT #3 /O/3l CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 31, 2003 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No. 15535 to be recorded and returned to the City of Huntington Beach,Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. 041.1 Connie Brockway, AC City Clerk CM:pe _ Enclosures Tract No. 15535—North side of Pacific Coast Hwy,between Beach Blvd.And Huntington St.. g:followup/tract/acceptpubiicimp-recorder.doc (Telephone:714-536-5227) +4 J i Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190=2000 Main.Street I Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 30, 2003, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further,fhe public improvements for the subdivision(s}.have been dedicated to.the City of Huntington Beach, as described on Final Map No. 15535. Public improvements constructed consist of Pacific View Avenue,Twin Dolphin Drive,the sanitary system and appurtenances,the storm drain system and appurtenances,and the domestic water system and appurtenances within both the public and private streets. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at October 20,2003 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest J9L'TDt3C1Z- -5/ 2003 i COME BROMWAY { City Clerk and Ex-officio Clerk of the City Co cil_Of the City of Huntington Beach,California BY eputy r CITY OF TIN BEACH M*doasnent is a *for VWaftal b of the CRY of Hunenpton by: City Engineer Beak as ambMph"d 6103 and should bs teodded tree of dm p . HABonftTract 155351Tract acceptance fonn.doc s • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 5, 2003 PCH Beach Resort, LLC 660 Newport Center Dr., Suite 1050 Newport Beach, CA 92660 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 15535---[Acceptance of Public Improvements] Please be advised that on Monday, October 20, 2003 the City Council of the City of Huntington Beach took the following action: E-5. (City Council)Approved the Release of Securities for Tract No. 15535 Located n/s of Pacific Coast Highway between Beach Blvd. and Huntington Street-Accepted the Public Improvements(Developer, PCH Beach Resort, LLC - 1.Accepted the improvements constructed and dedicated for public use with Tract No. 15535; and 2.. . Retained the Faithful Performance_Bond No. B34231950; the security furnished for guarantee and warranty of improvements,and instructed the City Clerk to verify that the bond is filed with the City Treasurer; and 3. Released Monument Bond No. B34231951 pursuant to California Government Code Section No. 66499.7(b); and 4. Instructed the City Clerk to notify the developer, PCH Beach Resort, LLC, of this action and the City Treasurer to notify the Surety, Gulf Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Acceptance of Public Improvements"with the.Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. Sincerely, Connie Brockway, CND; ' City Clerk Cc: City Treasurer CB:pe Attachment g:/followup/tract/acceptpubliamp-notice.doc (Telephone:714-53"227) • 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15535 and Accept the Public Improvements COUNCIL MEETING DATE: October 20, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use • RCA Author: J.Claudio RECEIVED BY: AD CITY CLERK RECEIPT COPY Return DUPLICATE to �1 M S 0��► Ar\ C��. .. laid 6869) (Name) �y after signinldafing (Date) k CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: , Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer i FROM: Cf t r DATE: ! •O SUBJECT: Bond Acceptance have received the bonds1pr � ii (Company Name) Faithful Performance Bond No. T "� t1 ( r k Labor and Material Bond No. Monument Band No: Maintenance Bond No. ® 4 Re: Tract No. _, L r:3 CC No. MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. g:rjah/bondletter.doc Council/Agency Meeting Held: /6 Deferred/Continued to: ���� Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: December 16, 2002 Department ID Number: 02-102 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ' ' - - `1PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: 14elease Substitute Bonds and Approve Subdivision Agreement for Tract 15535 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: PCH Beach Resort, LLC has purchased Tract No. 1.5535 from The Robert Mayer Corporation and is requesting that their Bonds and Subdivision Agreement be substituted in place of The Robert Mayer's Bonds and Subdivision Agreement. PCH Beach Resort, LLC is also requesting that the Bonds be reduced. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Release The Robert Mayer Corporation Subdivision Agreement and Bond Nos. SD00083619 and SD00083620, the securities furnished for Faithful Performance/Labor & Material and Monuments, respectively- and, 2. Accept PCH Beach Resort, LLC Subdivision Agreement and Bond Nos. B34231950 and B34231951, the securities furnished for Faithful Performance/Labor & Material and Monuments, respectively, and authorize the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and 3. Instruct the City Clerk to notify the previous developer, The Robert Mayer Corporation, of this action; and the City Treasurer to notify the bonding company, Frontier Pacific Insurance Company, of this action. Alternative Action(s): Deny the recommended action, and continue with the existing bonds and agreement until completion of the project. REQUEST FOR ACTION MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: 02-102 Analysis: On August 2, 1999, the City Council approved Final Map No. 15535 and accepted Bonds from The Robert Mayer Corporation, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequently, PCH Beach Resort, LLC, purchased Tract No. 15535 and has requested that the City exonerate the original Bonds posted by The Robert Mayer Corporation and substitute their reduced Bonds based upon the amount of the work remaining as verified by City inspection staff. Following is a list of project data: Subdivider: PCH Beach Resort, LLC, 660 Newport Center Dr, Suite 1050, Newport Beach, CA 92660 Engineer: Fuscoe Engineering, 5465 Morehouse Drive, Suite 180, San Diego, CA 92121 Zone: Specific Plan 5/CZ (Downtown Specific Plan — District 9/Coastal Zone) No. of Acres: 18.6 acres No. of Lots: 2 numbered lots Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Faithful Performance/Labor& Material and Monument Bond Nos. B34231950 and B34231951 (PCH Beach Resort, LLC) 3 Subdivision Agreement (PCH Beach Resort, LLC) and Certificates of Insurance RCA Author: J. ClaudioJm GAR C A\2002\02-102 Elliott Dec 16(Tr 15535).doc -2- 12/2/2002 4:59 PM 1 � 3, 0 ATLANTA AVE. 2 SS OC+ c�'� F9,1, c HAMICTON AVE. TWIN DOLPHIN 'sy� • DRIVE SffE VICINITY MAP On File for Pwblic Review in the Office of the City Clerk BOND NO. B34231950 * EXECUTED IN TRIPLICATE FREMIUM $3,650..00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PCH BEACH RESORT, LLC , (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated , 19 ,and identified as project 15535 .is hereby referred to and made a part hereof and WHEREAS,said principal is required under the.terns of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and GULF INSURANCE_CONPAW as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter card'City',the penal SUM of THREE HUNDRED SI%TY FIVE THOUSAND AND NO/100'S dollars($ 365,000.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we find 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 heks, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City',its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attomey's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 . The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond.and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been.duly executed by the principal and surety above named,on NOVEMER 21 2002 PCH BEACH RESORT. LLC as Principal By GULF INSURANCE COWART as Surety By TERRY, ATTORNEY—nv— ACT OPROTElf I5 TO FORM "M RUTTOB,, City Attorney a Be" lilts,ltt�rxtt� 2 • i STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ON BEFORE ME, I A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eomol 3 GULFINSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNO'N ALL MEN BY THESE PRESENTS:That the Gulf Irs,.rance Company,a corporation duly organizes under the lx.vs of the S:_:e f Connecticut,havinc its , , �ipa'o`'i,ce in.the.ci,r cr Ir:'.rg. Texas,pursuant t todowing resolution, adapted by the Finance & ExaeutivaCom i~__.'the Board of Director; of tee said Company on the 1 rith dayc. August. 1903,to v,. "RESOLVED,that the Fresident. Exe,ijt.,e Vice Presid'ert any Senior Vice President of the Company shall have authors to <e.,execute and deliver< Por;er of Attorney constituting as At,.r^ey-in-Fact,s,:ch persons,firms,or corporations as may be selected from time to time:are: such Attorney-in-Fac' may be removad and the authority g a- ed him revoked b.,tne President, or any Executive Vice President. or any Senior Vice Prs cent, or by the Board o Direc'crs or by the Finance and Execu-,a,Corim;I ee of tt:e 33ard of Directors. RESC `:E-D),that ri&:ng in this Pc."=r of Attorney shad c-construed as a grant of authority to the adore ey(s)-in-fact to sig-..exe:_-s.acknc•:rledge,deliver or other,rs3 issue a pcGoy or po;1d.-s cf insurance cn baf a''of Gulf Insurance Company. RESOLVED,that the signature of the President. Execut�:e lice President or any Senior Vice President,and the Sea'of the Cer^c_- may be affixed to an; such Pcvrer of Attorney or any certfca!e relating thereto t,, facsimile, and any such powers so executed and certified by facs!r- ; signature and facsimile seal shayi to valid and binding upon t,a Company in the fl;.ra with respect to any bond and documents relating to such bends`: -ch they are attached.' Gu!I Insurance Company does hereby make,constitute and appoint KAT LEEN TERRY its true arc' lawful attcrney(s)-in-fact; :,ith full power ano a.'hority hereby conferred in its name,.place and stead,to sign,.execu- ;:-knowledge and delive in its behalf,as surety,any and all bands and undertakings o'suretyship, and to bind Gulf Insurance Ccmpany thereby as fully °c to the same extent as i any bads.undertakings and docurnerts relating to such ,cnds and/or undertakings were signed by the duiy authorized Officer of'L7 3ulf Insurance Compan, and atl the acts of said attorneys)-in-fact, pursuant to the a.thority herein given,are hereby ratified and confirmed. The obligation of the Company shal! not exceed five million (5.000,000) dollars. IN WITNESS WHEREOF,th3 Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal tt be hereto affixed. \aS�RANCECC o GL-LF INSURANCE COYIP_-%,-'NY �• `�ttpOR4 SEAL P � , STATE OF NEW YORK � SS ''�cl Lawrence P.Miniter COUNTY OF NEW YORK Executive Vice Presiden: On this 1st day of October, A0.2001. befare me cams Lawrence P. htiniter,known to me personally Who being by me duly s-&:rn;did depose and say that he r?sides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company.t'a corporation describes in and which executer tha above instrument;that he knows the seal of said corporation;that the seal affixed.to the said instrumeras is such corporate seal that it w2s so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. o i Y ANGIE NUHABIR-BEGAZO ' T'ti4'YORX AYG O Notary Public.State r,.; evv York STATE OF N L 1 � SS COT ITY OF NTZ RK 0FNc^'y No.01'%La6013y?.3 ti LIYO Qualified in Kings County Commission Expires FeF.r.: 16,2003 t.tt: 1,J3rlgnadI San!c, Vice?Mordent cf tha Gulf Ina-r!. a Cam.ap ny,a Connecticut Corporation,GO HEREBY CEFTIFY that 73 foregoing and aftachei PJ',•!_= ATTORNEYremsins in f7't f.r,3. gsvcE� Dated the 21ST day of NOVEMBER ,0 02 a Sza'zd at Ccti i STATE OF CALIFORNIA } )SS COUNTY OF SAN DIEGO} On November 21, 2002 ,before me, F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. F. GRIFFIN COMM. #1309007 Cf V NOTARY PUBLIC-CALIFORNIA N V SAN DIEGO COUNTY My Commission Expires JUNE 15.2005 Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) BOND NO. B34231950 PREMIUMINcLuDED IN * EXECUTED IN TRIPLICATE PERFORMANCE LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California.and PCH BEACH RESORT. LLC (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15535 is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materfalmen and other persons employed in the performance of.the aforesaid agreement and referred to in the.aforesaid Code of Civil Procedures.in the sum of ONE HUNDRED EIgm Two THOUSAND ME HUNDRED AND NO/100's dollars($ 182,500.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become nun and void,otherwise it shall be and remain in fun force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 so" 0 affect its obligation on this bond,and it does hereby waive notice of any such change,exmrsion;alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on NOVEMBER 21, .200 2 PCH BEACH.RESORT, LLC as Principal By: GULF IN C COMPANY as Surety EN TERRY, ATTORNEY—IN—FA 9y: IMOVED KS TO FORMi STATE OF CALIFORNIA ) VAIL HUTTON, City Attorneg SS Dz;;DO_p t��YY,City,Attornop COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND , ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACiT , AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE;PERSONALLY APPEARED . AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES T 0 ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES soao.o� 2 saw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C A c_ ter- County of 02 r'j'yL�S�2- On &Oev1A.113CIZ`�A a Oa-- before me, Dv-jib R,bN Date Name and Title of Officer(e.g.,`Jane Doe.Notary Public) personally appeared -B'Def-a► L 0k0rwn L}S2 4t �10;2T L NA!jQ�/Z_, 42 , Na e(s)of Signer(s) personally known to me-OR ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)aelare subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in hieAer/their authorized capacity(ies),and that by We heF/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, DEBORAH S.MILLER j executed the instrument. CmuTftWon#1300383 Nobuy Public-Califomia Orange CountyWITNESS my hand and official seal. 4PPYCWM E-FISsApr22.2005 o O• Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons retying on the document and.could prevent fraudulent removal and reattachment of this form to another document Description of Attached' Document Title or Type of Document: V� [ 24k" Document Date: k 9 Number of Pages: -- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: l7 _ Signer's Name: _ a ❑ Individual ❑ Individual orporate O ' er `! � Corporate Officer Title(s): �P �� �Piv�,7� Title(s): ❑ Partner-❑ Limited ❑General ❑ Partner—❑ Limited. ❑ Generaf— • Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator TeT ❑ Guardian or Conservator e ❑ Other: Top of thumb here ❑ Qther: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park CA 91309-7184 Prow No.5907 Reorder.Call Toll-Free 1,800-876-6827 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTOR`1EY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL iMEN BY THESE PRESENTS:That the Gulf Insurance Ccmpar;.a Corporation duly orga iizec under the lav;s of the State of Connecticut,havin its principal office in the city of Irving. Texas, pu suant to the folio,.J-ig resclut:cn. ado,t3d by the F.n.anc4 Executive Committee of the Board of Director of the said Company on the 10th day of A gust. :1993,to:Yt: "RESOLVED,that the President, Executive Vice President or any Senior`lice =reside,,;of the Cor-.any steal!have authcrt;;to make,execute and deliver Power of At.omey constituting as Attorney-in-Fact,such persons,f°r^-s.or cor_.ati^ns as may be selected from time to time;and any such Attorney-In-Fat may be removed and the authority granted him revoked by the PresiJent. or a-; Executive Vice Presiden'. or any Senicr Vice President, or by the Board c Directors or by the Finance and Executive-Comimittee of the Board -.f Directors. RESOLVED,that nothing in this Power cf Attorney shall be const.::ed as a gr of au:�.ority to the a torr_y is)-in-fact to sign,execute,ackro'.v'edge,delive or otherwise issue a policy or policies of insurance on behal`of GL'4 Insuranc;, _'.mean;. RESOLVED,that the signature of the President, Executive`.'ice Fraidert or a ;Seri.r Vic= PresiJent.=rd the Seal of the Company may be affixed to an, such Pov;er of Attorney or any certificate relating thereto by facsir-i.e, and ant. such powers so executed and certified b;facsimile signature and facsimil+ seal shall be valid and binding upon the Company in the futara with raspect to_r;, b0nd and documents rating to such tends to which they are attached.' Gulf Insurance Company does hereby ma'xe,constitute and appoint KATHLEEN TERRY its true and laviful attornay(s)-in-fact,vrith full power and aahority tareby cer erred in its name,place arJ stead,to sign.execute,acknowledge and delive. in.its behalf,as surety, any and all bonds and undertakings of sure';iship,.and t.bind Gulf Insurance C.om.aany thereby as fully and to the same extent as i any bonds,undertakings and documents relating to such bonds ard.cr un.derta ngs were signed by the du'y authorized officer of the Gulf Insurance Compan} and all the acts of said attorney(s)-in-fact.pursuant to the authohr;herein gl,;e-..are hereby ratified and confirmed. The obiigatlon of the Company shall not exceed five million (5,000 V00) dollars. 1*1 WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal tc be hereto affixed. ,c GLZF INSURANCE COMPANYS\1QA.vcSCp SELL �. STATE OF NEW YORK � °94."_ �c°h SS -=t Lawrence P.Nliniter COUNTY OF NEW YORK Executive vice President On this 1st day of October,AD 2001;before me came Lawrence P.Miniter. known to me personally who being by me duly sworn,did depose and say: that he resides in the County of Bergen,State of New Jersey-,that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation anJ that he signed his name,thereto by like order. II' 'C t ?,NGIE NIAHABIR-BEGAZO STATE OF NEWYORK SS 9�F '✓61-�C'�O Notary Public,State of New York C COUNTY OF NEW YORK ' V No.ol.NLa6019988 Qualified in Kings County Commission Expires February 16,2003 I,the ur a..igrad,Sericr Vice President cf tha Gulf Insura:-ca C'r,rar?.a G.rinecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached PO'NER OF A709H_Y remains in full fcre. /_,._:• Dated the 21ST da.of NOVEMBER 02 Signed and Sealed a, the Cicv of Ne%vYcr<. 0 STATE OF CALIFORNIA ) }ss COUNTY OF SAN DIEGO} On . November 21, 2002 , before me, F. Griffin,personally appeared Kathleen Terry, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F GRIFFIN *- COMM. #1309007 C) NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY C MY Commission Expires JUNE 15,2005 Signature - (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 0 i BOND NO. B-14231951 * EXECUTED IN TRIPLICATE PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PCH BEACH RESORT, LLC as Subdivider of Tract No. 15535 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PCH BEACH RESORT. LLC (Subdivider) as principal,and GOLF INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of THREE THousAND . FIVE HUNDRED AND.NO/100'S $ 3,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 21ST day of NOVEMBER 2002 PCH BfAO RESORT LLC as Principal By: By: . F I COMPANY Bv: KATBLEEN TERRY, ATTORNEX—IN—FACT By: GALL i?U :'i ilJd, C;i., i ttornez By: Deputy City Ai.tnrnu� 9092.0i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0A4_- '% !=,e01_2-IAJ_A- County of 0__ On N0QP_w,8fa a 2)00,4 before me, c2 ,4 S. Date Name and Title of Officer(e.g.."Jane foe,Notary Public') personally appeared &r MT L &917 L. M-U44- �9, T T N e(s)of Signer(s) personally known to me-OR-❑proved to me.on the basis of satisfactory evidence to be the person(s) whose name(s)49/are subscribed to the within instrument and acknowledged to me that kfefslye/they executed the same in hiefl%/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), DEBORAFis-MILLER or the entity upon behalf of which the persons) acted, Comnifulon#1300383 executed the instrument. @*CWMBP=APr22.2W5i NotaryPublic-California I orange County WITNESS my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 h► 16-n Document Date: j a.l I n a— Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ( Signer's Name:"jgi L_ 2 ❑ Individual ❑ Individual Corporate Offic Corporate Offic r Title(s): 5 r .�, Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ Genplal ❑ Attomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other Tap of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-87"827 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the G,."Insurance Company,a corporation duly organized under the laws of the State of Connecticut,having its principal office in the c.. of Irving, Texas, pursuant`o,the following resolution,adopted by theRnance&.Executive Committee of the Board of Directors of the said Company on tie 1,)th day of August, 1993.to wit: "RESOLVED,that the Pres.cent, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constit.a 70 as Attorney-in-Fact,suc persons,firms,or corporations as may be selected from time to time:and any such Attorney in Fact may be removed and the a_t`ority granted him revcke by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance aid Executive Committee cf the Board of Directors. RESOLVED.that nothing this Povrer of Attorney sna.i be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge;deliver or otherwise issue a polic; policies of insurance cn cehalf of Gulf Insurance Company. RESOLVED,that the si•yna:,rs of the President,Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or a-y certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and birc'-c upon the Company in t`e future with respect to any bond and documents relating to such bonds to which the,,are attached." Gulf Insurance Company cces hereby make,constitute and appoint IKATHLEEN TERRY its true and lawful attorne; _;.-in-fact. with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknoviledge and deliver, in its behalf,as surety,a ;_-rd all bonds and,undertakings of suretyship,.and to bind,Gulf Insurance Company thereby as fully and.to the same extent as if any bonds,undertakings a'c documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company. and all the acts of said at :.^ey(s)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Com_ary shall not exceed five rnMon (5,000,000)dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �NOORMCECO, GULF INSURANCE COMPANY 40PP0Rgl� YZ � r SEAL P STATE OF NEW YORK SS 0.��NE�;cS` Lawrence P.:Nfiniter COUNTY OF NEtit�FORK Executive Vice President On this 1st day of October, AD 2001,before me came Lawrence P.Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen,State of New Jersey;that he is.the Executive Vice President of the Gulf insurance Company,the corporation described in and which executed th3 above instrument;that he k ows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by orrar of the Board of Directors of said corporation and that he signed his name;thereto by like order. b� 8I GIE GAZO ot StateSTATE OF NEWYORK SS Notary Public, f\ei York COUNTY OF NE` , �'ORK OF Nc No.OBIA6019988 Qualified in Kings County Commission Expires February i6.2003 1,the undersigned,Sa7!.:-I;ise President of the Gulf Insurance amrany,a Connecticut Corporation,DO HEREBY CERTIFY Mat the foregoing and attached POVI_R OF ATTORNEY RM3:rS in full force. Dated the 21ST day of NOVEMBER 20 02 Siar.ed and Sealed at the C`:v or Ne%v Ycrk. oar'- CO'� ^ A STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On November 21,2002 ,before me, F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F. GRIFFIN COMM. #1309007 A ' N r NOTARY PUBLIC-CALIFORNIA SAN DIE GO COUNTY My Corn ion Expires Signature JUNE 15,2005 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 7 I z- , a�, �. (�Ami6K 4L SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PCH BEACH RESORT,LLC, FOR TRACT NO. 15535 THIS AGREEMENT ("Agreement") is entered into this day of�� ,. , 2002,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PCH BEACH RESORT, LLC, a California limited liability company, hereinafter referred to as "SUBDIVIDER," and is accepted and acknowledged by MAYER FINANCIAL, L.P., a California limited partnership, hereinafter referred to as"MAYER." RECITALS WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Redevelopment Agency") is the owner of a tract of land in CITY, a portion of which SUBDIVIDER's predecessor in interest, MAYER, sought to subdivide into lots and to dedicate certain streets, and other improvements therein to public use, and has filed with CITY a map of the tract of land known as Tract No. 15535; and As a condition of the approval of and prior to the recordation of this subdivision map, MAYER was required to improve and dedicate the streets, and to perform certain other improvements in Tract No. 15535; and MAYER (mistakenly referred to as Mayer Financial, Ltd.) entered into a Subdivision Agreement with CITY dated August 2, 1999, to delay performance of certain work until after recordation of the subdivision map, and provided accompanying corporate surety bonds to guarantee faithful performance and payment for labor and materials; and SUBDIVIDER is the successor in interest to MAYER's interest in the subdivision and is prepared to assume MAYER's rights and obligations, liabilities, duties and responsibilities as set 1 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 • • forth in the Subdivision Agreement dated August 2, 1999, pursuant to the terms and conditions of this Agreement; and MAYER acknowledges and concurs with such assumption as evidenced by its signature hereon; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in Tract No. 15535 required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of. streets, including excavation,paving, curbs, gutters, sidewalks,trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been 2 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 i 0 approved by the City Engineer and filed in the office of the City Engineer. All work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets and other improvements, and said work shall be completed pursuant to the schedule set forth in Item 18 of Attachment No. 3 of that certain Amended and Restated Disposition and Development Agreement, dated as of September 14, 1998, entered into between the CITY and Mayer Financial, L.P. (mistakenly referred to as Mayer Financial, Ltd.), which provides as follows: "[b]y the first to occur of (i) 24 months after completion of soil remediation, (ii) 24 months after actual commencement of construction of hotel improvements . . . [or] (iii) 36 months after close of escrow for Parcel A," which is the Hyatt Regency Huntington Beach Resort and Spa. This completion schedule shall be followed except for where the conditions of approval of the subdivision map require an earlier completion date, and except for the completion of the specific improvements for that portion of Beach Boulevard between Pacific View Drive and Sunrise Drive which SUBDIVIDER shall complete pursuant to the conditions of approval of the subdivision map. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including landscaping required by the conditions of approval of the subdivision map, except for that portion of Beach Boulevard between Pacific View Drive and Sunrise Drive pursuant to the conditions of approval of the subdivision map, prior to issuance of a permanent certificate of occupancy for the Hyatt Regency Huntington Beach Resort and Spa to be constructed on Lot 1 of Tract No. 15535. 3 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and' other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one(1) year from and after the date the City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not 4 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Three Hundred Sixty-five Thousand Dollars ($365,000.00), which is one hundred percent (100%) of the estimated cost of the remaining work. SUBDIVIDER shall present such additional security in the form of: Cash,certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 5 agree/2001/Subdiv Tract 15535(PCH Beach Resort)JmF 11/19/2002 • • With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Eighty- two Thousand Five Hundred Dollars ($182,500.00), which is fifty percent (50%) of the estimated cost of the remaining work. SUBDIVIDER shall present such security in the form of- Cash,certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. Upon CITY's written acceptance of such security delivered by SUBDIVIDER, CITY shall execute such documents as necessary to cause to be released any security given by MAYER under the Subdivision Agreement dated August 2, 1999 entered into between CITY and MAYER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 6 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 9 • 10. INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel, which approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all 7 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmV 11/19/2002 • • claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than.One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this 8 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed' to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.)immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY has allowed SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. RELEASE OF SUBDIVIDER. This Agreement supercedes the Subdivision Agreement, dated August 2, 1999, entered into between CITY and MAYER in its entirety and said prior Subdivision Agreement shall be, as of the effective date of this Agreement, of no future force and affect and MAYER is hereby released from its obligations to CITY thereunder. 9 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 15. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach PCH Beach Resort, LLC ATTN: Director of Public Works Attn: Stephen K. Bone 2000 Main Street 660 Newport Center Drive, Suite 1050 Huntington Beach, CA 92648 Newport Beach, CA 92660 16. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included 10 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 0 r or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 11 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 0 , 21. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 23. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 12 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 • 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. [SIGNATURES ON NEXT PAGE] 13 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 0 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. PCH BEACH RESORT, LLC, CITY OF HUNTINGTON BEACH, a a California limited liability company municipal corporation of the State of Califo 'a ,,,By: Grand Resort, LLC, a California limited %�� liability company, Managing Member Mayor By: RLM Management, Inc., a California corporation, ATTEST: its General Manager ° owl v By: City Clerk Robert L. Mayer President APPROVED AS TO FORM: t B . Robe %er, ity ttorney Secr y � /y-INITIATE AND APVEDACCEPTED AND ACDGED: MAYER FINANCIAL L.P., City Engineer a California limited partnership REVIEWED AND APPROVED: By: RLM Management, Inc., a California corporation, its General Partner Ci Administrator By: Robert L. Mayer Chief Executive Officer By: S�� —1 Robert a e Jr. Secretary 14 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 UY, 11. luu "I:IYYX A1TNUX ! 4ALLA49 sil AlllV000UM - ,MATTSR OF IWORMAIM �! I Ccm tfI A► ut- LIA► ILITY II� UIa1 C"U �11/27 02 =r J. C-allegber i CO. 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X "MGM s WXL s rra�snouA+ro x T 8 �m°Te�uAsr,T+� 171445202 11/01/02 07/02/03 ss k 54mAccR?m sl"000 0 0 i,t OoeEAs!-EnElAKO_ c � t�.tMiEAtF-vO�,tY uerT i a No Awyl"OF OPIMIN"Ofto" Re"velogsent Agency of the City of Huntington Bleach, Tbs City of Huntington so", its officers, Offialots,awployees, agents and voluntears are namad as additional insured as respects to subdivision egreswent for Tract Wo. 15535 I *16 clays notice of cancellation for man-pit of promiu R. 1 CReATWOCATE HOLDER -, AORIDMq MNi m NAMWLmwA. CANCOUT" s 0000000 MOAB err OFTW AMW ftWOM rouuEs ee CMCR&Oscene 7 i eAT[ OV.TWUiUM16NIMAHRIM LOWMAORToNO& �9ilY$ City of Huntington Deseb MOM TO Me 13MRTMWAR MOLOM ROMM To IM WT.WIT CAY.Uee7"o00 so Redeve]opwrnt Agency WM90 o1 WMN 04 UAK"Of ANY M W UPW TeesNSURM m AGW"O% Attz1: city Clark 2000 l01in Street Huntington Beach, C71'92649 QWWKW L 1i. ACORO 26.5(?W) ® iX> fITtON , riUY. l f, LUUI t:1 X AXHUX JJ MLAVUX flu. Utj Y. J/9 '*101 d' RobwtUBWoo',,^m 'AX=YNUMWJt 1WiDCWWS71 CO&ML 004EXAL L"Y ' lTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY ' ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) � '! MOM"WAWMW Pm Mod VmdWdw taftWhV: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE j N am of Forom or Organkadow. RodewdknwM of So CA►ofSte.The Cky►of Hunbnom ft 08 ,off, ads am vanows RE Trad No. 15M i lo Vft ondorawrm ' �,but lo ,i r of-yaww�orW for OW km W by you. aim in i , 2010/186 CdMd^ COM Mr.104 1 'Company Profile • • Page 1 of 2 owe Of Company Profile Iris U__fafi ce* GULF INSURANCE COMPANY 125 BROAD STREET, 8TH FLOOR NEW YORK, NY 10004 800-360-8399 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET,2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 22217 NAIC Group#: 3321 California Company ID#: 0938-1 Date authorized in California: December 07, 1942 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the 2lossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE �0 MISCELLANEOUS V http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3063 12/16/2002 +Company Profile 0 Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information f t, Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-December 13,2002 05:27 PM Copyright©California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3063 12/16/2002 Company Profile • . Page 1 of 2 ___Zj Company Profile InsOmnce GULF INSURANCE COMPANY 125 BROAD STREET, 8TH FLOOR NEW YORK, NY 10004 800-360-8399 Agent for Service of Process JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 22217 NAIC Group#: 3321 California Company ID#: 0938-1 Date authorized in California: December 07, 1942 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the glossaa. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_proVp_EID=3063 11/27/2002 Company Profile � � Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance &Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-October 29,2002 01:45 PM Copyright©California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_proVp_EID=3063 11/27/2002 P� ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: I'I O.0 TO: ft H hia(K k8LI d rUk ATTENTION: oe, N e I 1 DEPARTMENT: S t l REGARDING: City,State,Izip haam fral kid. See Attached Action Agenda Item 'f Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds Insurance t� RCA ✓ Deed Other CC: I t i" `� ✓ ✓ �Cnc1S I ftrn I` Department RCA Agreement Insurance 1�VV ccJJhA� f ✓ i✓ ✓ 1ai"u�i(z N e Department RCA Agreement Insurance er, me ariment RCA Agreement Insu ce Other Name Department RCA Agreercent Insurance Other Name Department RCA Insurance g1followuplletters/coverttr.doc (14) December 16, 2002 -Council/Agency Agenda - Page 14 E-10. (City Council) Approve Release of Substitute Bonds from The Robert Mayer Corporation to PCH Beach Resort, LLC and Approve Subdivision Agreement for Tract No. 15535 (Hyatt Regency Huntington Beach Resort and Spa) (420.60) 1. Release The Robert Mayer Corporation Subdivision Agreement and Bond Nos. SD00083619 and SD00083620, the securities furnished for Faithful Performance/Labor& Material and Monuments,respectively; and 2. Accept the Subdivision Agreement by and between the City of Huntington Beach and PCH Beach Resort, LLC, for Tract No. 15535 and Bond Nos. B34231950 and B34231951, the securities furnished for Faithful Performance/Labor& Material and Monuments, respectively, and authorize the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and 3. Instruct the City Clerk to notify the previous developer, The Robert Mayer Corporation, of this action, and the City Treasurer to notify the bonding company, Frontier Pacific Insurance Company, of this action. Submitted by the Public Works Director. Funding Source: Not applicable. Approved 7-0 E-11. (City Council) Approve Amendment No. 1 to Professional Services Contract between the City and Atrilogy Solutions Group, Inc.for Information Systems Technical Support Personnel (600.10)-Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Technical Support Personnel. Submitted by the Fire Chief/Information Systems Director. Funding Source: A portion of the Information Systems- Professional Services.Account current budget would be for the use of the Atrilogy Solutions Group, Inc. employees. In addition, there are funds budgeted for salary and benefits for staffing 17 Information Systems positions, 13 are currently vacant. No additional funds are needed. Approved 7-0 E-12. (City Council) Approve Maddy Act Local Appointive List(Informs the Public of Openings and Vacancies on Boards, Committees, and Commissions which Expire in 2003) and Direct the City Clerk to Post This List (110.50)—Approve the Maddy Act Local Appointive List titled City of Huntington Beach Boards, Commissions, Councils, Committee Terms which have Expiration Dates in 2003 showing vacancies which will occur on city boards and commissions in the year 2003 and direct the City Clerk to post the list at the official posting locations (Huntington Central Library, Civic Center, Main Street Library). Copies of the Maddy Act will also be posted at all branch libraries. Submitted by the City Clerk. Funding Source: Not Applicable.+- Approved 7-0 4 • T �I��tc��� , DPW Council/Agency Meeting Held:�2 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: December`16, 2002 Department.ID Number: 02-102 ti CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION -n =-- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T, �-, SUBMITTED BY: RAY SILVER, City Administrator CF�� =r Cn .PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Release Substitute Bonds and Approve Subdivision Agreement for Tract 15535 Statement of Issue,funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement.of Issue: PCH Beach Resort, LLC. has purchased Tract No. 15535 from.The Robert.Mayer Corporation and is requesting that their Bonds and Subdivision Agreement be substituted in place of The Robert Mayer's Bonds and Subdivision Agreement. PCH Beach Resort, LLC is also requesting that the Bonds be reduced. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Release The Robert Mayer Corporation Subdivision Agreement and Bond Nos. SD00083619 and SD00083620, the securities furnished for Faithful Performance/Labor & Material and Monuments, respectively; and, 2. Accept PCH Beach Resort, LLC Subdivision Agreement and Bond Nos. B34231950 and B34231951, the securities furnished for Faithful Performance/Labor & Material and Monuments, respectively, and authorize the Mayor and City Clerk to execute the SubdivisionAgreement and file the Bonds with the City Treasurer; and 3. Instruct the City Clerk to notify the previous developer, The Robert Mayer Corporation, of this action; and the City Treasurer to notify the bonding company, Frontier.Pacific Insurance Company, of this action. Alternative Action(s): Deny the recommended action, and continue with the existing bonds and agreement until completion of the project. • REQUEST FOR ACTION MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: 02-102 Analysis: On August 2, 1999, the City Council approved .Final Map No. 15535 and accepted Bonds from The Robert Mayer Corporation, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequently, PCH Beach Resort, LLC, purchased Tract No. 15535 and has requested that the City exonerate the original Bonds posted by The Robert Mayer Corporation and substitute their reduced Bonds based upon the amount of the work remaining as verified by City inspection staff. Following is a list of project data: Subdivider: PCH Beach Resort, LLC, 660 Newport Center Dr, Suite 1050, Newport Beach, CA 92660 Engineer: Fuscoe Engineering, 5465 Morehouse Drive, Suite 180, San Diego, CA 92121 Zone: Specific Plan 5/CZ (Downtown,Specific Plan — District 9/Coastal Zone) No. of Acres: 18.6 acres No. of Lots: 2 numbered lots Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to .State .CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachments): NumberCity Clerk's Page Description Location Map 2 Faithful Performance/Labor& Material and Monument Bond Nos. B34231950 and B34231951 (PCH Beach Resort, LLC) 3 Subdivision Agreement (PCH Beach Resort, LLC) and Certificates of Insurance RCA Author: J. Claudi©Jm GAR C A12002102-102 Elliott Dec 16(Tr 15535).doc -2- 12/2/2002 4:59 PM r SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PCH BEACH RESORT, LLC, FOR TRACT NO. 15535 THIS AGREEMENT ("Agreement") is entered into this It, day of_,??�e- 2002,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PCH BEACH RESORT, LLC, a California limited liability company, hereinafter referred to as "SUBDIVIDER," and is accepted and acknowledged by MAYER FINANCIAL, L.P., a California limited partnership, hereinafter referred to as"MAYER." RECITALS WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Redevelopment Agency") is the owner of a tract of land"in CITY,a portion of which SUBDIVIDER's predeeessor.in interest, MAYER, sought to subdivide- into lots and to dedicate certain streets; and other improvements therein to public use, and has filed with CITY a map of the tract of land known as Tract No. 15535; and As a condition of the approval of and prior to the recordation of this subdivision map, MAYER was required to improve and dedicate the streets, and to perform certain other improvements in Tract No. 15535; and MAYER (mistakenly referred_to as Mayer Financial, Ltd.) entered into a Subdivision Agreement with CITY dated August 2, 1999, to delay performance of certain work until after recordation of the subdivision map, and provided accompanying corporate surety bonds to guarantee faithful performance and payment for labor and materials; and SUBDIVIDER is the successor in interest to MAYER's interest in the subdivision and is prepared to assume MAYER's rights and obligations, liabilities, duties and responsibilities as set 1 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/11/19/2002 forth in the Subdivision Agreement dated August 2, 1999, pursuant to the terms and conditions of this Agreement; and MAYER acknowledges and concurs with such assumption as evidenced by its signature hereon; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code,and Chapter 255 of CITY's Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in Tract No. 15535 required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of streets, including excavation,paving,curbs,gutters,sidewalks,trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been 2 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmg 11/19/2002 approved by the City Engineer and filed in the office of the City Engineer. All work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets and other-improvements, and said work shall be completed pursuant to the schedule set forth in Item 18 of Attachment No. 3 of that certain Amended and Restated Disposition and Development Agreement, dated as of September 14, 1998, entered into between the CITY and Mayer Financial, L.P. (mistakenly referred to as Mayer Financial, Ltd.),which provides as follows: "[b]y the first to occur of (i) 24 months after completion of soil remediation, (ii) 24 months after actual commencement of construction of hotel improvements . . . [or] (iii) 36 months after close of escrow for Parcel A," which is the Hyatt Regency Huntington Beach Resort and Spa. This completion schedule shall be followed except for where the conditions of approval of the subdivision map require an earlier completion date, and except for the completion of the specific improvements for that portion of Beach.Boulevard between Pacific View Drive and Sunrise Drive which SUBDIVIDER shall complete pursuant to the conditions of approval of the subdivision map. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including landscaping required by the conditions of approval of the subdivision map, except for that portion of Beach Boulevard between Pacific View Drive and Sunrise Drive pursuant to the conditions of approval of the subdivision map, prior to issuance of a permanent certificate of occupancy for the Hyatt Regency Huntington Beach Resort and Spa to be constructed on Lot 1 of Tract No. 15535. 3 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the.date: of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed'under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date the City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials,or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not 4 agree/200 I/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 1 I/I9/2002 a relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER_shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Three Hundred Sixty-five Thousand Dollars ($365,000.00), which is one hundred percent(100%) of the estimated cost of the remaining work. SUBDIVIDER shall present such additional security in the form of: Cash,certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 5 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and 'acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Eighty. two Thousand Five Hundred Dollars ($182,500.00), which is fifty percent (50%) of the estimated cost of the remaining work. SUBDIVIDER shall present such security in the form of: Cash, certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor;t0 its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. Upon CITY's written acceptance of such security delivered by SUBDIVIDER, CITY shall execute such documents as necessary to cause to be released any security given by MAYER under the Subdivision Agreement dated August 2, 1999 entered into between CITY and MAYER. SUBDIVIDER may, during the- term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 6 agree/2001/Subdiv Tract 15535 (PCH Beach Resort)/jmf/ 11/19/2002 10. INDEMNIFICATION, DEFENSE,HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including without limitation, costs and fees.of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission(negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel, which approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and flunish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all 7 agree/2001/Subdiv Tract 15535(PCH Beach ResorrYjmf/ 11/19/2002 claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this 8 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead,etc.)immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY has allowed SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision: 14. RELEASE OF SUBDIVIDER. This Agreement supercedes the Subdivision Agreement, dated August 2, 1999, entered into between CITY and MAYER in its entirety and said prior Subdivision Agreement shall be, as of the effective date of this Agreement,of no future force and affect and.MAYER is hereby released from its obligations to CITY thereunder. 9 agree/2001/Subdiv Tract 15535 (PCH Beach Resort)/jmf/ 11/19/2002 15. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified.below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach PCH Beach Resort, LLC ATTN: Director of Public Works Attn: Stephen K. Bone 2000 Main Street 660 Newport Center Drive, Suite 1050 Huntington Beach,CA 92648" Newport Beach, CA 92660 16. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included 10 agree/2001/Subdiv Tract 15535(PCH Beach Resortyjmf 11/19/2002 or excluded from such provisions, and do not interpret, define,limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of-this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this.Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates.or requires..Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 11 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmV 11/19/2002 21. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular,comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 23. ATTORNEY'S FEES . In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 12 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmf/ 11/19/2002 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arnfs length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the_entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. [SIGNATURES ON NEXT PAGE] 13 agree/2001/Subdiv Tract 15535 (PCH Beach Resort)/jmg 11/19/2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. PCH BEACH RESORT, LLC, CITY OF HUNTINGTON BEACH, a a California limited liability company municipal corporation of the State of Califo .a By: Grand Resort, LLC,a California limited f liability company, Managing Member Mayor By: RLM Management,Inc., a California corporation, ATTEST: its General Manager By: i City Clerk Robert L. Mayer - President APPROVED AS TO FORM: Robe er, r. Wyttorney Secre ^d Jjr�`l�02 INITIATE AND AP OVED ACCEPTED AND ACKNOW DGED: d/ e ,W , � MAYER FINANCIAL L.P., City Engineer a California limited partnership REVIEWED AND APPROVED: By: RLM Management,Inc., a California corporation, a--, its General Partner Ci Administrator By: Robert L. Mayer Chief Executive Officer By: Robert a NJr. Secretary 14 agree/2001/Subdiv Tract 15535(PCH Beach Resort)/jmfl 11/19/2002 '—NOV. 7. 2002t 1: 19PM R J GALLAGM 0. 8353 DA2f3 " . � �Lcrc i iTIPt ur- LIABILITY INSUR C GpfMMM 1 11/27 02 THIS CERTIFICATC IS ISSUED AS AMA OF INFORMATION Arthur J. Gallagher G Co. ONLY AhJ CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER THIS CERTIFICATE ODES NOT AMEND,EXTEND OR 15; Enterprise, Suits 200 ALTER THE COVERAGE AFFORDED BY THE POLIC"11EI.0W. Alive Viejo CA 92656 INSURERS AFFORDING COVERAGE ne:949-349-9800 1`ax:949•-349-9900 INSURER A. The American Insurance Coups, NSURERt. State Compensation Ins. Fund KII Be ch Resort, LILC c/p �art � or Co ration P.O Tx 8680y INSRARERD. - Newport.Beach CA 92659-8680 INsue[R COVERAGES POLICIES Of INSURANCE LWO BELOW MAYE BEEN OWED TO THE INSURED WMED MOVE FOR THE POLICY PERIOD INDICATED NOTIANTHSTANONG Y REQMNMSNT,TERN OR CONDITION OF ANY CONTRACTOR OTKR DOCUMENT WITH RESPECT TO WVCH THIS CERTIFICATE ANAY BE 160AD OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TW TERMS,EXCLUSIONS AND CONDITIONS OF SUCK POLICIES.AGGREGATE LIMITS SNOINN MAY HAVE BEEN REDUCED BY PAID CLAMS. L Al TYFE OF INSURANCE POLICY NIllse®T OA LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000 000 A Z Co►AAAERCIALGEHERALLIMILRY MM0797671 04/01/02 04/01/03 FSREDAmA0E("wwfiv) •* i00 000 CLAIMS MADE OCCUR (rX WD EXP WN aft Pusan) Is 55000 000 PERSONAL S ADV INJURY S 1,000, 00 CENERALA"ARCATE - S 2 BOO, 00 GENLAGGREGATE L6X APPUES PER: PRODUCTS•COMrW AGG S 2,000, 00 POLICY I PR COT • X ROC .. . AUTOUOM.E LMBIUTY COMBINED SMOLE LIMITMZAB0797671 04/01/02 04/01/03 r"mcmd""I $l.000, O A X ANY AUTO ALL OwNEO AUTOS iT r�f T--^ �, ,;•✓ =?,{ , BODILY INJURY scMELXJLEo AUTOS __ S __.. X HWDAUTOS _ , X NON4YA#=AWCS •t"' `J `+--- _ -i:. Katy �E S I -(PROPERTY P.sue)DAMAGE I GARAGi LIA84M AUTO OILY.FA ACCIOEM7 S 1P3ANY AUTO OTHER Yt1AN. FA ACC QTO ONLY. AGG f EXCESS LIABILITY EACH OCCURRENCE S 10 000, 30o A x_ OCCUR ( mAILLsMADE xrz96867496 04/01/02 04/01/03 ArGREGATE L10,000 DO ' DEDUCTIBLE a ; X RETENTION S NIL s WOWERS COMPENSATION AND X 7ARVLMMT ER 4NFLOYERS'LIABILI YB 171445202 11/02/02 07/02/03 EL EAcKACC10EN7- :l,000,o 0 61 DISEASE-EA D&LOYmet_ c INCLLID I - E L-DISEASE•POLICY LINT S OTHER I I DESCR!"ON OF OK4tATI0NSLOCAr4KSN&*CIESM4CUW0W AWW BY ENDORSEYENTWWAAL PROVWONG Redevelopment Agency Of the City of ffuntington Beach, The City of Huntington ) eeaich, its officers, Officials,employees; agents and volunteers are named as additional insured as respects to subdivision agreement for Tract No. 15535 *16 days notice of cancellation for non-payment of premium. ; CERTIFICATE HOLDER y A_9Pm MAL Pmmo;owwRSR LETTER: A CANCELLATION 0000000 SHOULD ANY OF THE AGOVE 093CWHO POLICI0 BE CANCELLED KPORE THE gxptwnow j DATE THEREOF.TNi OWING NBURBR VALL ENDEAVOR TO NAIL „U * DAYS City edevel Huntington Reach NOTICE TO TNS ME CERTIFICATE HOLDER NAD TO TITS UIFT.BUT FAIUIRS TO DO SO l ALL At to: CCi tyaClarkc Y WrOSE No OW"TION OR uABILmr DF ANY KIND UPON THE INSURER rts AGFNT&OA 2000 Main Street RaREStiITTATNSi Huntington Beach, CA'92649 AUTI10MUDREPREStNTATNE Ma-le L. Philli e ACORD 2S.S(7197) 0A D CORPORATION 9Ad NOV. 27. 2002 1: 19PM )&R 1 GALLAGHRR NO 8353 P. 3/3 INSURED: Robert Mayer Corporation ' pt)LICp'NUMBER: MZX80797871 COMMERCIAL GENERAL L1A8�y THIS ENDORSEMENT C S THE POLICY. PLEASE CHANGES EASE READ IT CAREFULLY � ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS tFORM B} . I ,This endorsement modifies krs wAnco provided under the wowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. I SCHEDULE j Nana'of person or anb adm: Red t Org evelopmen Agency of the City of Htmbngton Beach,The City of HunGngtonl Beack its officers,oKicisis,employces,agents and volunteers RE. Tract No. ISM I i [d no entry appears above, Information required to complete this endorsement will be shown in the Declarations appNcabie 10 this endorsement:) I VNHQ 18 AN INSURED {$ectlat 11) is ameniW to lricWe as an insured. person or organb3tion shown.in e Schedule,but only v tfi respect to 90 ty arising out of-your woW for that insured by or for you. j i i ¢G 20 10 11 85 CaPPVK irm ane ANVims Of &.kM 1904 Page d 1 BOND NO. B34231950 * EXECUTED IN TRIPLICATE FREAM :l $3,650.00 FAITHFUL PERFORMANCE BOND WHEREAS.the City Council of the City of Huntington Beach State of Califomia,.and PCH BEACH RESORT, LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 .and identified as project 15535 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and GULF INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City",the penal sum of THREE HUNDRED SIRTY FIVE THOUSAND AND NO/100'S 'Dollars($ 365,000.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,fimrty.by these presents. The condition of this obligation is such that if the above bounded pdrid 1,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and wed and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shad indemnify and save harmless'City",its officers,agents and employees,as therein stipulated,then this obligation shalt 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 expenses and fees,including reasonable attorneys fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that ra charge,extension of time,alteration or addition to the terms of the agreement or to the work to be per=ed thereunder or the specifications accompanying the same shall in anywise affect its obligations cn this bond..and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on NOVEMBER 21 2002 PCH BEACH RESORT. I I.0 as Principal • By / � L - T By GULF INSURANCE COMPANY as Surety By TERRY, AM MY—IN ACT By . DPBOVW is TO FORBa 1G M HUTTON. City Attorney AZz MeDU17 City A_ttaimiesy STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ON BEFORE ME: A NOTARY PUBLIC IN AND FOR SAID STATE.PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES so�s.o� • i CJ_F INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER Or Ai iOMEY ARE PRINTEC ON BLUE SAFETY PAPER WITH TEAL INK. n`iC'N ALL M=`;6 'iH=ate F.._ =t t`a Gu f -_ 3.ca Comoa-;.a corporation duly oryarizzo under the la:;s of tt _-f Connecticut,hav its ,, •,-i^ c°'i.z '.re cir cT 1,-. :xas1p rsua^'t_ 'c,lo:nrg r�-__:ip^,.adopted by the Finance Executive Cor i".: the Board of DiFact of tFe said Ccmpary on the i V Ca. _7!=t. 1;93,t RESOLVE]",that toe Fresident. Et_:,t:.e'Iice Frsid r: :r any Senior ca Presidert of the Compan,�shall haze authors t� execute and delive P.:er c'A torr;zy cc-gstitftcg as r.-�"�1 . -`act,such C= __r.s.firms,ere c rporations as may be se!ected from time to time:are :-:such Attorney-in-F cay be raTovad an t`e authcrit _ _-.ad h`m raveked c .`e President. c`any Executive Vice President. or any Senior Vice P. :e^t, or by the Board GircG-rs or by i a Fnarce and EXE- _..e'_-1':r;''.ee Of t. _3)ard of Dirc.:rs. tha`r_...i^g in th : c''A. cney she! -,cnstrued as=_;,an'of authority to the a«crney(s)-in-fact to sore.a __:_.acknc:vledge,deli or Oi..= ',l S?iSSCc a• Ol;Cy Or pO::__ .'-SCrance On ni-E _. Gulf Insu -.ce Company. R ES 3't NED,tha', signature -: . ,es Bert. Exzcet` e :'ca Praside-._r any Senior Vice President,and the Sea!of the Cc^: may be affixed to< sucti Pc.var of A`.ne/cr any ce-°°cafe -elating there'- Facsimile, ar:ary such powers so executed and certified by facsi- signature and facsfn sea!sr.ali be valid are"binding u.c:- C.:,mr.caly in the f ._ra-,with respe:._t:any bond and documents relating to such bonds`_ . ,:ch they are attache GUif insurance Co rpany doe's hars - i�.aka,constitute a'. : .point KATHLEEN TERRY i��t c�and 1a. u' fj'1 pc,ver an- __-.nority hereb_ =cpf,rred in its name,.place and stead,to sign,exec-:_ _.'<po�.+sledge and deli in itsCenaif, as s+ r::i,any aid a'1 =_r•ds and Und2rtak••c suretyship-aid to t0d Gulf Insurance Ccmpany thereby as fully a _o the same extent a any t`Or.ds,under�;rgs a d de-:Ma-s r vatirg to such, :-ds and/or unc_�?kirigs were signed by the duly authorized officeref t.ra G�If Insurance Comp, and all the acts of said attorneys;i ;--=mot.pursuant to t; ._ hority herei-;;lan,are hereby ratified and confirmed. The obligation of the Company s!_.. :t ex.-eed five mill - . 5.000,000) d::;ars. 1.11 VNITMESS% HEREOF,tha G,'.f irsarance Company has caused these presents to be signed by any officer of the Company and its Corporate Sea be herata affixed. �"Z",SjFANCECn GLLF INSURANCE CONK?.NY G�gpOR4 SEAL STATE OF NEVI YORK SS °�ivEcc`�°•. Lawrence P.Miniter COUNTY OF NEW YORK Executive Vice President On this 1std3y cf October, A0 2,11.bafore me cama Laurance P. Mi:iter,known to me personally who being by me duly sx.rn, did depose and s that he resides in tte Ccurt'y of Be,! Sta!e of New ersey:that he is the Executive Vice President of the Gulf Insurance Company.ti.a corporation descrill in and which exacutzi the above ir,,;:riman%that he krc'xs the seal of sa;d corporation;that the seal affixed to the said instruments is such corporate si t:al R was so a"fixed by order ct tt:e Ecar;of Directors e`.s,id corpuratic^and that he signed his name,thereto by like order. ANGIE NUHABIR-BEG ZO " STATE OF Nc', PORK SS BL�G� `otary Public.State Fork p Ati COL'�:TY O: �� ;V "OR^. F N. No.OIlLk60I9333Qualified in-Ivrzs Ccurh- Commission Expires Febr:arti-I6,2003 1. i.,z; S,niC. V;Ize. .:c.__-,cl tia G,lf 1-,.-_a-.e Corrp2ny.a Connecticut Corporation,LSO HEREBY CERTIFY that!-a foregoing and attac Dated the 21ST dap rr NOQIIOER 20 0: STATE OF CALIFORNIA} }ss COUNTY OF SAN DIEGO} On November 21,2002 ,before me, F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the . person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. COMGRIFFIN 309007 o NOTARY PUBUC-CAIIFORMA N SAN CIEGO COUNTY, My Commission Expires JUNE 15,2005 Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 9OND NO. B34231950 r:REMIUMixcLuDED IN * EXECUTED IN TRIPLICATE PERFORMANCE LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington 8each,State of California.and PCH BEACH RESORT, LLc (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement.dated 19 ,and identified as project 15535 is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held fstnly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the.performance of the aforesaid agreement and referred to in.the aforesaid Code of Civil Procedures in the sum Of .ONE HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED AND N0/100'S dollars($_ 182.5oo.00 ),for materials fumished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by'City'in successfully enfordng 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 insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and"effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its oblioa--an on this bond,and it does hereby waive notice of any such change,ex:ersion,alteration or addition. A witness whereof,this instrument has been fully executed by the principal and surety ?bove named.cn NOVEMBER 21, Z00 2 PCH BEACH RESORT, LLC as Principal By. GULF IN COMPANY ,as Surety 9y:�- THLEEN TERRY, ATTORNEY-IN-FA 5y: BPPROnD TS TO FORM n STATE OF CALIFORNIA ) DAIL HUTTON.. City Attornom SS 113,7-4.Donut .City,Attornoz COUNTY OF ORANGE 000 i yl o z ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO.ME ON THE BASIS,OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBEDJO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND - — PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eo�o.a� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of A 4-L 74nlAA - VN- County of �Le'�' -2:- On NtlJevuAq_tZ ';k.��before me, Den6zigk W S H1 tw , Date Name and Title of Officer(e_g..'Jane Doe.Notary Public•) personally appeared -Ro qsa (- J't k q S2 L't. ,ae:2T Z_ I� v P,lL y4 N e(s)d SOWS) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s}ierare subscribed to the within instrument and acknowledged to me that hefs4e/they executed the same in hisPhar/their authorized capacity(ies),and that by h sl4w/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, DE80RZ S.MILLER executed the instrument. Cortmtission#1300383 4bVjCWM E I AprA 2W5 NowyPublic-carifomia z- WITNESS my hand and official seal. onump County I- ia Signature d Notary Public OPTIONAL Though the information below is not required by law,if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fors.to another document. Description of Attached Document D Title or Type of Document: Document Date: Number of Pages: �'•- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n _ L. WX1 Signer's Name: G� ❑ Individual O Individual orporate O ' er Corporate Officer Title(s): 2.5 r 4 0,,,. - Title(s): ❑ Partner—❑ Limited ❑General 0 Partner—❑ Limited ❑Gene . ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ! ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: GULF f„SURANCE COMRANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. K�1D}+V�J:i`�' 'i^'.' c�PRESENTS:That ti'.e f ns:: ce C .j a- .a o a' _� i<z "' 7f t;a State of Ccnn:c"C ava THE��PRcS_aiT Gulf I re„ p ,� r n du!:c'y_�. .n la:._ ut,h its p(irCl:a Cf`. i Cit; Of Ir`r y.TBXaS,.p'J.:aCant t7 t =, falte'.:I g reS�ICt: V_a ?� 3'�.b;:`.!' ^.a!1G_ Exc'�Utive � rnm lee of the gQcru of Oirecto of the said on.^:n on the 1Oth day of August. 1993,to :refit: 'RESOLVED.t'___-e President. Executive Vice President or any Senior`lies - eside;.of the Cc-.any have a3t'_ri;:to make;execu a and deliver Po':Jar of h%�(<ia' --'stitu'rg as A!nrney-in-Fact,such Der f Scns, '.,.".�s.or r.or -'3tions 35 ma.:Ge se, cte,from time to,;i ne;and any such Ai.3rney-in-Fa may be removed_ the authority gear,ed him revoked by the President. or a. =xec��;ive V za Przsiden'. any Sen`c,-Lice President, or by the Board Directors or by t;=-urea and Exacu'I a Corrimn'ttae cf the Enard Directors. RESOLVED. in this Pa::ter of Attorney shall be corstr_ed as a gra-,of au: or!t .=the_ or" ;;-;n-fact t_sigr,.execute,ackrcedge,deliv orotherv.isa iss_=_policy or polic--cs of insurance on ba`a;'of GL,. Insurance 'pan,. RESOLVE"-'. _ -a S!ynatura ca, President, Executive Vice p.asidect;r , Szricr Vice P.,es:cent._-j r^o Seal 'ha Company may be..~fixed to aj such Pow:a-cf A--. z,or any cer;''icate relatingn therato b., facsir^i'z, arc' an,, such po•.vers so executed and certified facsimile signature a"d facsim sea!shal! be va;`.: binding upon.tha Company in the ft:t ra writ` rasped to a-; bead and d:cu^eats ._acing to suc Vbcrds to`which they are attaches Gulf Insurance Cc-carry does hereby ma;<a,constitute anu crpoi.--t KATHLEEN TERRY its Luea.,�l�. :c(nzy(s}in fact Jrith full Fewferand.au*hority,iareb"<cor` "red in_it�nor e, Face ar stud,to s;g .ezacute,ackngwie�ye and deliv in its beh if,ass J,any and all bonds undertakings of sup ship,and t:bind Gulf Insurance Co, ;_a_n�y thereby as full and to the sane extent as any bonds.und5 •:'. gs and docur-e is relating to such bards anal,or underta'.k cgs were signed b;the du;`authorized officer of the Gulf.Insura,,c2 Compa and all the acts c'_a d attorney(s)-ia-fact,pursuant to the authority herein give.-.are hereby ra`;fied and ccrf;rmad. The obligor:on of Company shah not exceed five million (5,000.1i00} dcllars. I?I WITNESS 1,'1:'.EREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal be hereto affixes'. GULF L\Si:PUtiCE COMPANY 9 S,J_A P. STATE OF 11'�'YORK SS c��^J='=��°J~ Lawrence P.>Iiniter . COUNTY OF`EWYORK Executive Vice President On this 1st da.y cf October,AO2CrJ1, before me came.Lawrance P.Miniter. known to me personalty who being by me truly sworn,did depose and sa that he resides in te!County of Bergen,State of New Jersey:that he is the Executive Vice President of the Gulf Insurance Company,the corporation describe in and which exac�'ad the above instrument;that he knows the seal of said corporation;that the seal affix:d to the said instruments is such corporate sei that 1t was so a ;:21 by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. Z. -41e i rn�� 1 9 A G A. .IAHABIR-BEGAZO STATE OF ;ti=�,t'YORK SS 'F C/3L� �O \otary Public,S ate of New York 988 COUNTY O `:EWYORK Cr�c`.N ifiedo. i King Co Qualified in Kings County Commission Expires February 16.2003 -- - .a a n� u n HEREBY CERTIFY that the foregoing I,�`ta u,._:.ter ,Se,;.rVic�Pr2s.�znt of the Gu!t�„su�a:�s t:;r~,.sr`1 a C�:�,.,,ctic�t CCr7Jr2.1?n,0�H� ga ng and attach POTN R 0=.aiiiC=:!=Y renuins is full fcr;e. :"., Dated the 21ST day of NOVEMBER �0 02 Signed a-.. Sep:___. Ci,v of`,es:Ycr`.<. ,t��' `�, - a 1 T- jL STATE OF CALIFORNIA ) }ss COUNTY OF SAN DIEGO} On November 21, 2002 , before me,F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F GRIFFIN COMM.#1309007 c) lu NOTARY Pl1EUC-0ALIFORNIA N V SAN DIEC�O COUNTY MY�mrrrssion Expires JUNE 15,2005 Signature - (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 0 0 BOND NO. B?423ig51 * EXECUTED IN TRIPLICATE PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PCH BEACH RESORT, LLC as Subdivider of Tract No. 15535 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineers or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PCH BEACH RESORT. LLC , (Subdivider) as principal,and GULF INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set.pdor to the recording of said Final Map,in accordance with said map and said certificate up to but riot in excess of the sum of THREE;TiaousAiw FIVE HUNDRED AL®. 110/100'S $ 3,500.00 in which sum we are held and firmly bound to the City of Huntington Beads,aN in accordance with and subject to the teems,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California, IN WITNESS WHEREOF,we have executed this instrument this 21ST day of NOVEMBER 2002 PCH BEACH RESORT LLC ,as Principal By: ' By: GULF COMPANY BV: k e e RATHLEEN TERRY, ATTORNEY—IN—FACT- By: Irapn.t-� g ro r GALL Ul;,l•�H, r t'•torne7• Deputy City V4•+nTuc y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -- -- - - - - - - - - - State of County of OZ% -q On No Jevv+`BfiR. ,�_before me, Date Name and Title of Officer(e.g..Jane Doe.Notary Public) personally appeared fr!21"L. j&Z SR— R08COr Z-. H&Hi .R N .e(s)of Signer(s) personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4e/are subscribed to the within instrument and acknowledged to me that heAshetthey executed the same in hiew/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), oEHowws.Mfu ER or the entity upon behalf of which the person(s) acted, Corimftsion#1300383 executed the instrument. Notary Pubrfc-California Orange County — WITNESS my hand and official seal. mycon*a Apr22.2005 Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the-document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached �Dnocument Title or Type of Document: ! ► `6 �4�� Document Date:_ _( Ina— Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name,B-P��It ❑ Individual ❑ Individual , Corporate Offic9!} Corporate Offic r Title(s): lk eS i f1p.4. Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ Ge ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee El Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other. Top of thumb here Signer Is Representing: Signer Is Representing: Pr Nle n=7 Gan.rinn e`all TnILW—1.AN1.A7A.9A77 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POVIER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNO'N ALL NIEN BY THESE PRESEt:T S That t`,e Gu!f ir,surynce Company,a corporation duly organ izaa under the laws of the State.of Conn-i cticut,having its principal office in the c t, Ff Irving,T3xas• pursuant to the f=alloeiing resolution, adopted by the Finance&Executive Com,rnittae of the Board of.Directors of the said Company on ti: 1�,h day of August. 19ES.tc "RESOLVED,that the Pros:tent,Executive Vice Pras'd:nt or any Senior Vice President of the Company shall have authority to make.execute and deliver a Power of Attorney constit_�1-c as Attorney-in-Fact,sacs oarsons,firms,or corporations as may be selected from time to time:and any suc Attorney-in-Fact may be removed and the ac.i,rty granted ~ir1 ra.c<ed b; the President,or any Executive Vice President,or any Senior Vice President. cr by the Beard of Directors or by the Finance and Exacu iva Committee cf the Board of Directors. RESOLVED,that noth;rc i s Po::er cf jk=rney si,aF be construed as a grant of authority to the at'-r.ey(s;-in-fact to sign,execute,ackr.hedge.deliver or other:vise issue a po!ic: policies of irsuranca cn nha!'of Gulf Insurance Company. RESOLVED,that the si,ra'ure of the President, Execut°:e Vice President or any Senior Vice President.and the Seal of the Company may We affixed to any such Power of Attorney o� certiflcata relating ti,erem by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and b d-c upon the Company in t!:.future with respect to any bond and documents relating to such bonds to which the;:are attached." Gulf Insurance Company ccas hereby make,constit,'e and appoint KATHLEEN TERRY its true and lawful attorn ;_,-in---fact.with full po.; r and authority hereby conferred in.its name,place and stead,,to sign,execute,ackrc,a!edge and deliver in its behalf,as surety,a,- and all to ds and undertakings o;suretyship,,arid to bind Gulf Insurance Company thereby as fully and to tie Sa;�a extant as if any bonds,undertakings a d documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said a` raay(s) in.act,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the shall not exceed five.million (5,000,000)dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. GLZF INSURANCE CONIPAN�' �.,oMvCEco. v� G�PPOAgl� �L SEAL �. STATE OF NEW YORK � SS �°°�NEec��`� Lawrence P.tlSniter COUNTY OF NE1�ti YORK Executive Vice President On this 1st de./of,October, AD 2001, before me.came Lawrence P.htiniter, known to me personally who being by me duly sworn,,did depose and say: that he resides in the"Coun�f of Bergen,State of Naw Jersey;that he is the Executive Vice President of the Gulf insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. �� 81ReF A G ANGIE INLAHABIR-BEGAZO STATE Or NEW YORK I SS 7. � �O Notary Public,State or New York COUNTY OF NEV,'YORK OFNc� No.01.NLA6019933 Qualified in Kings County Commission Expires February I6.2003 I,the undersigned,San'._-10- 4M P.asi�ect of toe Gulf I, su-3nCe,3rrrpany,a Connecticut Corporation,OO HEREBY CERTIFY that the foregoing and attached PGV/_A OF ATTOR,1=t'rem3lr•s in fall fcr:a. �. Dated the 21ST _ �=ut�tic�c de.: or NOQF.I�ER �p 02 Sigr.ed an�Sea:ed at t C° c. `:e�•:YCrk. /J,� �av STATE OF CALIFORNIA ) }ss COUNTY OF SAN DIEGO} On November 21,2002 ,before me, F. Griffin,personally appeared Kathleen Terry, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F. GRIFFIN COMM. #1309007 of V NOTARY R112lIC-CALIFORNIA _ SAN DIEGGO COUNTY .a My Commission Expires Signature JUNE 15,2005 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) RECEIVED BY: CITY CLERK RECEIPT COPY Retum DUPLICATE to t, r I (Name) after signing/dating (Date) 0 , �4 CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: Out J DATE: l ' o, SUBJECT: Bond Acceptance I have received the bonds for �1�N fJl!Q A tt IIrr j(Company Name) Faithful Performance Bond No. \ +� cL Labor and Material Bond No. '12 J'I � �"I(,� 5 Monument Bond No. b J 3 Maintenance Bond No. Re: Tract No. 5 CC No. MSC No. Approved 1 1 4' u L- Agenda Item No. _ (Council Approval Date) City Clerk Vault No. +� g:fjah/bondletter.doc w ( � l 1' I have received Faithful Performance Bond No. SD00083619, Frontier Pacific v Insurance Company. yam,- 4 V Labor and Material Bond No. SD00083619, Frontier Pacific Insurance Company. Monument Bond No. SD00083620, Frontier Pacific Insurance Company. RE: Tract 15535, Robert Mayer.Corporation (Mayer Financial Ltd.,Approved by Council on 8/2/99—City Clerk Vault file 420.60. b Dated: a-14 -91 By: I rewar - i IiCe Notes r Office of the City Clerk Huntington Beach, California 4zc� , C�.B �r�6r✓. , J Le : d hA-nd.6hry,CA�t P-t , z - C•3 ,fhdLool .' N - �5,8 • C �-- dY h�� day � � Cgrn- AA 7 r a partnership, joint venture, or any other relationship between the parties hereto, or cause either party to be responsible in any way for the debts or obligations of any other party. [§ 610] Interpretation of Agreement This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters addressed in this Agreement. In addition, each party has been given the opportunity to consult with experienced and knowledgeable legal counsel. Accordingly, any rule of law (including Civil Code section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effectuate the purpose and intent of the parties to this Agreement. [§ 611] Authorized Representative of Age cv Unless otherwise specified or the context requires otherwise, all references in this Agreement and its attachments to the Agency shall mean the Executive Director of the Agency or any officer or employee of the Agency to whom the Executive Director or the Board of the Agency delegates authority to perform, cant' out and/or enforce this Agreement. [§ 612] Waivers The waiver by either party of any term, covenant, or condition herein contained shall not be a waiver by such party of such term, covenant, or condition on any subsequent breach. [§ 613] Time of the Essence Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. [§ 614] Attomeys Fees and Costs If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall pay for its own costs and expenses, including the fees of its attorney and any expert witnesses in such action or proceeding. This provision shall also apply to any postjudgment action by either party, including without limitation efforts to enforce a judgment. -59- ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 15535 is in conformance with the California Subdivision Map Act,the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15535 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. SD00083619 as presented in Attachment No. 6 b. Labor and Material Bond No. SD00083619 as presented in Attachment No. 6 c. Monument Bond No. SD00083620 as presented in Attachment No. 6 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); 0 ATLANTA AVE. loo .09 m O O HAMILTON RIVE. TWIN DOLPHIN DRIVE SffE VICINITY MAP s° �•��y/� �0°�,7�,r�a.p . �i�'� �1��1 �l '�� ,a �fT;Tyrc`'�-��/,�. _�, 7R�� � `�+• � iesyr .reLtr�.:- I /y-1 y;�:-.t, •11►y'.;�.^.� ire_ .� �` R 1 • �tJ�.+ :a yy^�■ < C 'i1 r ■f � 11y43v":» S/la� '� �� �a':rOori.-:._ � i1.h--13F F�i _ 1�1�+i i'.h' ` � •�` r °`- '� ���`»v1kkA ;-;,�;. �+ 4 {� (•;A? �� �7�'�Ji �� ,Bill[IL�RF� r a� _ t._is+ ,-��"'"�'C� a, ?�_ - �rll►6 F`i� �T�� �i�ir.� `�! i��� `�� �t ,lyu- oa. i � � �az � I G Jr3, = �'1• �+. R r 4a �iry�'•'"' �'ki r■ .. y,� Ali ..1 .�....-a�•: dill . . �`�+ f"'T1 -dgF ."'.r y-, .i*ykd7 ` i lip- .'•ti.Y - - .�--•�} •, - - i r- _'�_�M� �� ..ra.�,-.rs�_t✓•Y� 1�■In .� _o.. - l�Y1t - 'S•.��:-. ;� :oat j ���_ �vac,�f-Jlr�.'�r".`�-•,j� I — i al .u.-... 1..�K �a ...- .'F»ra.a-�`�,-�- _��y .x.. ��j-�] �:e�•^•s� �vla�'r"'rc y oil I , THE WATERFRONT GRAND RESORT TENTATIVE TRACT MAP Na 15535 THIS SUBDIVISION IS FOR COMMERCIAL CONDOMINIUM PURPOSES Uwe aawrwr awlrr •�•�� rrmn.rrrr ...I . 1 rrrwrar►IYggrwrlfMlW/Ya/ •YI�OUfaMIflYIrf.IWOI.uIIIA art auwr �.� i/IwyWl.wrArAOaw.11rb011f/W IW M.wIN/oWIMYlr11r.IMarrCrY .rMw aYwlW Iw1ar— X-q-- a Mtar MYaaw • �w�M�YI� wa� .rP+..w~I�rOY -y a IIOC�II.M! _ Ir.wlNarYr/rr. N�r•Ir/.wrq.r0 , arwr.r, ar.rra w . rrllwlrrf. ■rlraalrYral.r •r'r�r.ger.srrNr r ar.o.asrr smarm .wme6ru O .....fru..........wr....m.. •w.rr.raf.lrwrsrar.•rraa w%r.- ���♦� 41 ~!r. aNrra/rpMO al wirYrlaMaarr fa.rlOrorawriO! • N.1r.Mbrallrl0a••wYir.w � i frtYLMfIMw/a/a •4lra0aMansiwa aA a•r��' rararia�a!a Mrhrrr.YfMawMl •a..rlif/arr/rawraMl•/lfiwra�lwrf m!�•!w snE •waflYrlf�alrr Yrlla.mf Nflfrargl a rpflFitlM/MOOarrrrarUalrrawn rwr.wwwatw.r�>ra/.raor�wwmo.AAr arw.n�l .ar! 1o.r.a...sa..r.r..w.wro. raMrll�Offwal�0 rraruravrafa —NrraraaNrra rrrl Iinarrsrrmro•rarweraruuo.r+rl a s./Ir/Mrfrrfwla\R �,.•JP,-''. f:�/ '�•:J I • • ; 1 S..• i / I .••.� .w • /�''_•tr. ! St�,f'•il "3�• -r��.,�_•_u . S��(�/ 1 �'� ,� ° •/' ;t `�A:+ .' ''�• } / �` ~sue.,, r'�',�.�-^.�� `.ia."r`'i� �� ` •t�'o`� '`��'�� r�.� = -;t•._ Tom, • • , )A' • /%•�1•-a* M -a ..��. •.�..�--ter....���.�� .�.:+_� - - a. �Xt �. •' 1 1 1 1 1 I 11 1��. I.Ir 111 1 111 1 1 N Y..rL ... 1 4 .•4 • • ..1 1 WII ; 1 b Illtl,. 111. + Ilrl .; 1'•'.. .. , yR`�„r my.y . ...rnuN �/ 1 i 1 I'll {ys�u+..watRu`•8:U�llLI1Sl:!!!A,inR 1 •�.f�io n �1 m nfil ro • �luuul nmmulnlu ,• IGuiunun.ululNlu•...n -;�•J ,iYC�a::�.�.�J�4t�% �^v .a•r. LLt Ma NMa ar Aw wtv AV j m An ... ..... w 1 r rrr r,r"' .waw. •'r aaarr L/ �„•.r` �� P asrR�ir�IwA_r B a► FVAao ""�•••►,�""'°' ••�. ••• FUSCOE •��: � 7%WQX PAC�C VEW AVEALF UI�01[0191C r ar... ✓'.l././✓✓./`�/'.!'✓`✓`.J✓'`✓✓'../`,./'./`✓././.1.l✓'✓'.1✓././`✓'-=e!���r�+t'✓'../✓`✓'✓^./`../'✓'`.1✓` <F • OCEAN GRAND RESORT Wimberly sw..amas HUNTINGTON 8E CALIFORNIA Allison 19 MAY 1997 NO. 964se &co 14 XV4. urr BMWo Elm e . JJ Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 September 16, 1998 REVISED Steve Bone,President The Aobert Mayer Corporation 660 Newport Center Drive Newport Beach,CA 92660 SUBJECT: TENTATIVE TRACT MAP NO. 15535/PRECISE PLAN OF STREET ALIGNMENT NO.98-1/CONDITIONAL USE PERMIT NO.97-46/ COASTAL DEVELOPMENT PERMIT NO.97-15 (The Waterfront Ocean Grand Resort and Conference Center) PROPERTY OWNER: The City of Huntington Beach,Redevelopment Agency,2000 Main Street, Huntington Beach, CA 92648 REOUEST: To permit the construction of a master planned destination resort hotel and conference center on 15.27 acres of property. The CUP request includes valet parking and review of grading activities. There are four Special Permit requests to deviate from development standards for site coverage,tandem parking, minimum setbacks,and the minimum size of parking stalls. Also part of the request is a Precise Plan of Street Alignment to modify the adopted alignment of the future extension of Pacific View Avenue between Huntington Street and Beach Boulevard, a two(2)lot subdivision of the 18.82 acre site,and a Coastal Development Permit. LOCATION: North Side of Pacific Coast Highway/West of Beach Boulevard/ East of Twin Dolphin Drive DATE OF ACTION:~ August 25, 1998 Your applications were acted upon by the Planning Commission of the City of Huntington Beach on August 25, 1998,and your requests were Conditionally Approved with Findings. Attached to this letter are the Findings and Conditions of Approval for these applications. The Precise Plan of Street Alignment will be forwarded to the City Council for final action. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a filing fee. The appeal fee is$500.00 for a single f y dwelling property owner appealing the decision on his/her own property. The appeal fee is$1,490.00 for all other appeals. In your case,the last day for filing an appeal and paying the filing fee is September 4, 1998. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1)year after final approval,unless actual construction has started. If there are any further questions,please contact Jim Barnes,Project Planner at(714)374-1553. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess,AICP Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval MCI082S--P2) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 15535/ PRECISE PLAN OF STREET ALIGNMENT NO. 98-1/ CONDITIONAL USE PERMMIT NO. 97-46/ COASTAL DEVELOPMENT PERMIT NO. 97-15 FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15535: 1. Tentative Tract Map No. 15535 for a two (2) lot subdivision is consistent with the General Plan Land Use Element designation of CV(Commercial—Visitor) on the subject property, or any applicable specific plan, or other applicable provisions of the code except for the three (3) special permits requested and approved concurrently with CUP 97-46. 2. 'The site is physically suitable for the type and density of development. The site is relatively flat and is situated on an entire block. The existing alley will be vacated in association with this project and dedications for street widening purposes will be made. 3. The design of the subdivision or the proposed improvements will not cause serious bealth problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through use of, property within the proposed subdivision unless alternative easements,for access or for use,will be provided. FINDINGS FOR APPROVAL -PRECISE PLAN OF STREET ALIGNMENT NO.98-1: 1. The street alignment proposed for Pacific View Avenue is in conformance with the General Plan and Downtown Specific Plan. The street alignment, size and capacity is in conformance with the adopted standards of the city. ENDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-46: 1. Conditional Use Permit No. 9746 with special permits for the development of a hotel / conference center will not be detrimental to the value of the general welfare or persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project has.been evaluated for compatibility with the surrounding neighborhood. With the conditions of approval imposed, the project will provide adequate public plaza area, open air commercial amenities, be designed on a pedestrian scale and character, will provide sufficient parking to serve the uses on site, and will" meet the goals and policies of several elements of the General Plan. 2. The conditional use permit will be compatible with surrounding uses because the project is designed with a Spanish Village / Mediterranean theme, which is compatible with the Downtown Design Guidelines. With the conditions of approval imposed, the project will provide architectural elements and features to enhance the pedestrian character and scale of the street scene surrounding the project. The project will provide public improvements to make the project compatible with other downtown development. (98.IOM-P3) 3. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CV (Commercial — Visitor). In addition, it is consistent with all of the specific goals, policies, and -objectives stated in section of this Staff report. 4. The Waterfront Ocean Grand Resort and Conference.Center with special permits will comply with the provisions of the Downtown Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. FINDINGS FOR APPROVAL-COASTAL DEVELOPMENT PERMIT NO. 97-15: 1. ,Coastal Development Permit No. 97-15 for the development project, as proposed or modified by conditions of approval, conforms with the General Plan, including .the Local Coastal Program. 2. The project is consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code, except for the six special permits requested and approved concurrently. 3. At the time of occupancy,the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL-CONDITIONAL USE PERNIIT 9746: 1) The site plan floor plans and elevations received and dated July 2, 1998 shall be the approved. layout with the following modifications. a) Elevations shall depict colors,building materials and design features as approved by the Design Review Board. b) Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c) Depict all utility apparatus such as but not limited to backflow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) (98dOUS-N) d) All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes,but is not limited to,heating, air conditioning,refrigeration equipment,plumbing lines;ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building,a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) e) Depict all gas meters,water meters, electrical panels,air conditioning units,mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non- obtrusive, not interfere with sidewalk area and comply with the required setbacks. f) If outdoor lighting is included,energy saving lamps shall be used. All outside lighting shall be directed to prevent"spillage"skyward or onto adjacent properties and shall be shown on the site plan and elevations. 2) The preliminary Landscape Plan received and dated July 2, 1998 shall be the approved layout. 3) All mitigation measures outlined n SEIR 82-2 and the Addendum to SEIR 82-2 shall be complied with in accordance with the mitigation monitoring program. 4) If the valet parking system is discontinued,tandem parking spaces shall be converted to standard parking stalls. (Ping.) 5) A planned sign program for all signage shall be submitted to the Department of Community Development. Said program shall be approved prior to the first sign request. (Ping.) 6) Prior to application for Grading or Building Permits: a) Water Quality Management Plan shall be prepared and the recommendations contained therewith incorporated in the design for the buildings and the grading and drainage improvements. The Plan shall be submitted with those plans. (PW) 7) Prior to issuance of a Rough or Final Grading Permit: a). Provisions must be made to replace all existing mature trees that are to be removed -' with a 36 inch box tree or palm equivalent at a 2 for 1 ratio in accordance with the approved Consulting Arborist Report(PW) b) The developer shall coordinate with the Public Works Department in developing a truck and construction vehicle routing plan. The plan shall specify the hours in which transport activities can occur and methods to minimize construction related impacts to adjacent residences. The final plan shall be approved by the City Traffic Engineer. (PW) (98clOMS—PS) 8) Prior to issuance of a precise grading permit: a) A grading and drainage plan prepared by a registered civil engineer together with a geotechnic report shall be submitted for approval by the City. The geotechnic investigation and report shall include on-site soils sampling and laboratory testing of materials to provide detailed recommendations for site grading, chemical and fill properties, foundations,retaining walls, and utilities. (P`Y) b) In conjunction with the submittal of applications for precise grading permits,a detailed drainage study prepared by a registered civil engineer shall be submitted showing that the project grading,in conjunction with the on-site drainage conveyance systems,will allow building pads to be safe from inundation from rainfall runoff from all storms up to, and including the theoretical 100 year storm as well as flooding from tidal waters. (PW) c) The elevations for all building pads shall not vary from the elevations shown on the tentative tract map by more than two(2)feet without approval of the City Engineer. (PW) 9) Prior to issuance of a building permit,the following shall be completed: a) Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawings sets used for issuance of building permits(architectural, structural,electrical,mechanical,and plumbing). (PIng.) b) Submit three(3)copies of the site plan and the processing fee to the Planning Division for addressing purposes. (Ping.) c) Separate domestic meters,backflow protection, and fire service lines shall be installed for each individual building or entity or as required by the Public Works Department.The domestic water meters(touch read type) and services shall be sized to meet the minimum requirements set by the Uniform Plumbing Code(UBC)and the Uniform Fire Code.The minimum domestic water service lateral size shall be 2-inch. If on-site fire systems are private,meters may be required. (PW) d) All conditions of Tentative Tract No. 15535 shall be complied with. (PW) e) .An interim parking and/or materials storage plan shall be submitted to the Department of Community Development to assure that adequate parking and restroom facilities . are available for employees, customers,and contractors during the project's construction phase,and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Public Works Department. (PW) (98c10825—P6) 10)Prior to issuance of a Certificate of Occupancy,the following shall be completed: a) Traffic Impact fees shall be paid before issuance of a certificate of building occupancy or as exceptions may be provided for in the Development Agreement on the Disposition and Development Agreement for the development. (PW) b) A water audit shall be completed and approved by the City Landscape Architect in accordance with the Water Efficient Landscape Requirements of the Municipal Code, Chapter 14.52. (PW): c) Since the parking is intended to be 100 percent valet parking, a parking operations plan shall be prepared that addresses at a minimum the management of arrivals and departures, and strategies for valet parking efficiency. Said plan shall be submitted for review and approval of the City Traffic Engineer in order to ensure that satisfactory parking management and valet parking service will be provided for the development. (PW) CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP 15535: V 1) The Tentative Tract Map received and dated August 17,1998 shall be the approved layout. Q?W 2) The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7- 9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items:(PW) a) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. b) Provide a digital-graphics file of said map. 3) Following recording of a final map, a reproducible mylaz copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the City Engineering Division.(PW) 4) . All public improvements including but not limited to public.sidewalks shall comply with American Disabilities Act(ADA)requirements. (PW) 5) All public improvement plans are to be prepared by a Registered Civil Engineer.(PW) 6) Plans for public improvements,including proposed utility lines and signing,striping,and other traffic control devices,shall be approved by the City Engineer. Water improvement plans shall be approved by the City Fire Marshall, and the City Engineer. The water distribution system and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Public sewer improvement plans shall be approved by the City Engineer. (PW) (98CIO825-P7 7) A composite on-site utility plan shall be submitted for approval of the Public Works Department which shows all water system improvements to be constructed along with all other existing and proposed underground utilities serving each lot. The plan shall also show all driveway locations,service connections for water and sewer,public and private fire hydrants,valves, and other appurtenances in accordance with the Uniform Plumbing Code, City Ordinances,Public Works Department,Water Division Standards. (PW) 8) The provisions of the City's"Water Efficient Landscape Requirements"of the Municipal Code, Chapter 14.52 shall apply for all projects with landscaping of 2,500 square feet and larger. (P`V) 9) All securities are required to be posted and all development fees are required to be paid in accordance with the City's Subdivision Ordinance prior to release of the final map for recording, except for those fees specifically required to be paid with the building permit or certificate of occupancy, or as exceptions may be provided for in the Development Agreement or the Disposition and Development Agreement for the development. (PW) 10)Encroachment permits are required for all work within existing City right of way. (PW) 11)The alignment for Pacific View Avenue shall conform with the final alignment adopted through PPSA 98-1. (PW) ' 12)Prior to recordation of a Final Map,the developer shall construct,or enter into an Agreement and post security guaranteeing the construction of the following public improvements in conformance with applicable City Standards,the City's Subdivision Ordinance,and the - Subdivision Act: (PW) a) Monumentation. Monumentation for the tract shall be installed in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. b) Streets Street improvements as delineated on Exhibit"A" attached hereto including, but not limited to;pavement,curb and gutter,medians,sidewalks,bus turnouts, acceleration lanes,and driveway approaches as approved by the City Engineer for the following streets/highways: • North half of Pacific Coast Highway(PCH)from the west tract boundary to Beach Boulevard including a full width median island and channelization as approved by Caltrans. • Full width street for Twin Dolphin Drive between PCH and Pacific View Avenue conforming to the typical street section shown on the tentative tract map. • Westerly half of Beach Boulevard between PCH and Sunrise Lane including full width median island and channelization as approved by Caltrans. • Full width street for Pacific View Avenue including a full width median island and channelization between the Beach Boulevard and extending westerly to join the existing improvements east of Huntington Street conforming to the typical street section shown on the tentative tract map.The alignment of Pacific View Avenue shall conform to the approved specific plan for the street. (98CI0825-p8) ' • Wherever public sidewalks meander outside the street right of way, an easement shall be dedicated to the City for public sidewalk purposes. • The developer shall bond for a 5-foot wide sidewalk to be installed along the north side of Pacific View Avenue between Beach Boulevard and the west tract boundary. The term of the bond shall be for a two-year period after commencement of sales for the first phase of residential development on the north side of Pacific View Avenue. The City will require installation of the sidewalk within said two year period if the City has made arrangements to provide a parkway of sufficient width along the north side of Pacific View along the boundary of the existing mobile home park east of Huntington Street(across from the Hilton Hotel)to accommodate the walk,landscaping,parkway trees,and the masonry wall. If arrangements haven't been made within said time period,the developer will be relieved of the obligation and the bond released unless the developer and the City agree to a time extension prior to the expiration date of the bond. c) Street Lighting. Street lighting systems shall be installed in the following locations: • An Edison street lighting system along the west side of Beach Blvd. between PCH and Pacific View Avenue; along Pacific View Avenue; and along Twin Dolphin Lane to conform with the style of poles for those respective streets in accordance with the Public Works Department Standards. • The existing city owned street lighting system along the north side of PCH shall be relocated wherever required as result of constructing acceleration and deceleration lanes and intersection improvements. The style of the street light . poles shall match those existing along PCH between Beach Blvd.and Huntington Street.The existing light poles to be relocated shall be replaced with new poles wherever the City's maintenance staff determines that they cannot be salvaged for reuse. • Engineering street light calculations shall be provided along with the improvement plans for any street lights that do not conform with City, standards. d) Traffic Signals. New traffic signals shall be installed at the following intersections as determined by the traffic study approved for the development and as approved by Caltrans: Beach Boulevard at Pacific View Avenue including any provisions for improvements to accommodate the future extension of a street easterly of r Beach Blvd. • PCH at Twin Dolphin The existing traffic signal at the intersection of the Beach Boulevard and PCH shall be modified if required by Caltrans. (98do825-p9) e) Signing/striping. Signing, striping and appurtenant traffic control devices shall be installed on Beach Boulevard between PCH and Sunrise Lane; on PCH between Beach Blvd. and Twin Dolphin Lane; and on Pacific View Avenue between Beach Blvd. and the existing improvements on Walnut Avenue at the Waterfront Hilton in accordance with City standards and plans prepared by a registered traffic engineer and approved by the City Traffic Engineer. The limits for the installations may extend beyond the frontages of the project as determined by the City Traffic Engineer as necessary to join with existing improvements. Parking will be prohibited on Twin Dolphin Lane and Pacific View Avenue. f) Storm Drains/Drainage. Storm drains shall be constructed as determined by a _ drainage study prepared by the developer's registered civil engineer and approved by the City Engineer for the entire site in conformance with the City's adopted standards and criteria. g) Sewers. Sanitary sewers shall be constructed as determined by engineering calculations prepared by the developer's registered civil engineer and approved by the City Engineer for the.entire site in conformance with the City's adopted standards and criteria. h) Water. The following water system improvements shall be installed : • The existing 18-inch water main shall be extended in Pacific View Avenue (Walnut Avenue)from the westerly boundary of the tract to Beach Blvd. • A new 12-inch water main shall be constructed in Twin Dolphin Lane between PCH and Pacific View Avenue and in Beach Boulevard from PCH to Pacific View Avenue. • The developer shall make arrangements for upgrading to a larger.size the existing 8-inch main in PCH between Huntington Drive and Beach Blvd.if determined to be necessary by a hydraulic network analysis prepared by a registered civil engineer to meet the fire protection requirements for the development as specified by the City's Fire Marshall. • New fire hydrants shall be installed along the public streets in accordance with the requirements of the City's Fire Marshall and the City Engineer. • Backflow protection devices shall be installed in accordance with the Public Works Department,Water Division Standard Plans for domestic,irrigation and fire suppression water services. All such devices shall be painted to match the aesthetics of the surrounding area,and be screened from view to the satisfaction of the City of Huntington Beach Fire Marshall,and the Public Works Department's Landscape Architect and Water Division: • All abandoned existing fire hydrants,water meters and services connecting to - an existing water main in a public easement and/or street shall be properly abandoned at the water main in accordance the Public Works Department, Water Division standards. i) Underground Utilities. All new and existing electric,telephone and cable TV systems including shall be installed underground in accordance with the City's Underground Utility Ordinance except for above ground electrical transformers which shall conform with the City's Zoning Code. (98c1082s--P10) j) Landscaping and Irrigation. Landscaping and automatic irrigation systems shall be' installed within all approved median islands and parkways in public streets in accordance with the landscape plan approved for the development by the City Landscape Architect and in accordance with the City Arboricultural and Landscape Standards and Specifications and the requirements of the City's Zoning and Subdivision Code: All landscaping shall be maintained for one year following the 90 day plant . establishment period. All maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. Prior to final inspection and approval all landscaping and irrigation improvements shall be certified by the Landscape Architect of Record to be in conformance with the plans approved by the City Landscape Architect for the development A landscape License Agreement shall be entered into with the City for the subdivider to maintain all landscaping and irrigation within the public parkways and median islands of Pacific View and Twin Dolphin(excluding the medians within Pacific Coast Highway and Beach Blvd.)adjacent to the development. The existing license agreement for the Huntington Beach Hilton shall be incorporated into the new agreement or the new one coordinated such that they can be administered as if they were one agreement. k) Clean up of Public Streets/highways. Prior to recordation of a final map,the developer shall post with the City Engineer,a cash deposit,not to exceed$5,000,to guarantee the sweeping and cleaning of streets affected by the construction activities. The amount shall be determined by the City Engineer. If it becomes necessary for the City to use any portion of this deposit,the developer shall restore the fiord to its original amount within 10 days of receipt of written request from the City. The deposit will be returned to the developer at the time of bond exoneration. 13)Prior to or in conjunction with the recording of the.final tract map,the following dedications shall be accomplished: (PW) a) The Precise Plan of Street Alignment for Pacific View shall be approved. b) Pacific View Avenue,Twin Dolphin Drive and any.widening of PCH and Beach Blvd. for acceleration and deceleration lanes and intersection improvements shall be . .dedicated for public street purposes. c) All vehicular access rights to Pacific Coast Highway,Beach Boulevard,Twin Dolphin, and Pacific View Avenue shall be released and relinquished to the City except at locations approved by the City Traffic Engineer. d) The sewer,water, and storm drain systems along with all appurtenances thereto shown on the approved public improvement plans for the tract shall be dedicated to the City of Huntington Beach. (98c10825—P11) 14) The construction phasing for all public improvements shall be approved by the City Engineer. The phasing of improvements along the Beach Blvd.frontage of the future residential development parcel(between Pacific View and Sunrise Lane)will be permitted such that the construction of said improvements may be coordinated with the grading and development of the residential development.(P`V 15) A copy of the Covenants,Conditions and Restrictions(CC&R's)for the commercial condominium subdivision addressing the conditions herein,shall be submitted for review and approval by the Planning Commission,the Community Development Department and the City Attorney's Office prior to their recordation and ownership of any air space. INFORMATION ON SPECIFIC CODE REOMEMENTS: i THESE CODE REQUIREMENTS ARE PROVIDED AS INFORMATION. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO THIS PROJECT. 1 Conditional Use Permit No.97-46 shall not become effective until the ten day PP a eal period . . has elapsed. 2) Conditional Use Permit No.9746 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30.days prior to the.expiration date. 3) The Planning Commission reserves the right to revoke Conditional Use Permit No.97-46, pursuant to a public hearing for revocation,if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4) The Fire Department requirements are as follows: a) NOTE ON PLANS—Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. (FD) b) NOTE ON PLANS—A class III wet standpipe system(combination)will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop.drawings will be submitted to and approved by the Fire Department prior to installation. (FD) (98c10825—P 12) c) NOTE ON PLANS—A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: (FD) • Manual Pulls • Annunciation • Water flow,valve tamper • Audible Alarms and trouble detection • Graphic Display • 24-hour Supervision • Voice Communication • Smoke Detectors • Methane Alarms d) NOTE ON PLANS—Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e) NOTE ON PLANS Fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation.(FD) f) NOTE ON PLANS—Elevators will be sized to accommodate an ambulance gurney. Minimum 6'8"wide by 4'3"deep with minimum of 42"opening. (FD) g) NOTE ON PLANS—Fire lanes will be designated and posted to comply with the City Specification#415. (FD) h) NOTE ON PLANS—Address numbers will be installed to comply with City Specification #428. The size of the numbers will be the following: (FD) • The number for the building will be sized a minimum of ten(10)inches with a brush stroke if one and one-half(1%2)inches. • The number for the building will be sized a minimum of six(6)inches with a brush stroke of one and one-half(1%2)inches. • Individual units will be sized a minimum of four(4)inches with a brush stroke of one- half(%2)inch. i) NOTE ON PLANS-Installation or removal.of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) j) SHOW ON PLANS—Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification#401. Include the circulation plan and dimensions of all access roads(24' or 27' fire lanes,turnarounds and 17' by 45' radius turns). Attached is City Specification#401. (FD) k) FIRE PROTECTION PLAN—Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification#426. (FD) (98d0W-P13) 1) NOTE ON PLANS—Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and title 24 of the California Administrative Code. (FD) m) NOTE OF PLANS—The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and#431 for the abandonment of oil wells and site restoration. (FD) n) NOTE ON PLANS—The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specifications#429 for new construction with the methane gas overlay districts. (FD) 5) All applicable Public Works fees shall be paid. (PW) . . . 6) %Traffc Impact Fees shall be paid at the time of issuance of a Certificate of Occupancy.(PW) 7) An encroachment permit shall be required for all work within the right-of-way. (PW) 8) A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 9) Park and Recreation fees shall be paid prior to issuance of building permits. _ 10)State-mandated school impact fees shall be paid prior to issuance of building permits. 11)The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local,State and Federal Fire Codes,Ordinances, and standards,except as noted herein. 12)Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 13)Construction shall be limited to Monday—Saturday,7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 14)All signs shall conform to the HBZSO. Prior to installing any new signs,or changing sign faces, a building permit shall be obtained from the Department of Community Development. 15)The applicant shall submit a check in the amount of$38.00 for the posting of the-Notice of . Determination at the County of Orange Clerk's Office.•The check shall be made out to the County of Orange and submitted to the Department of Community Development. (98CIOW-P14) 07- DESIGN REVIEW BOARD CONDITIONS OF APPROVAL: 1) The color of the flat roof on the conference center shall match the color of the tile roof on the hotel. 2) All rooftop mechanical equipment shall be screened from view by methods approved by the DRB. 3) The DRB shall review the design and location of all public art incorporated into the project. 4) All proposed signage shall be reviewed by the DRB. 5) The DRB shall review the working drawings prior to issuance of building permits in order to ,determine that the working drawings substantially conform with the architectural design, including plans; model, and palettes presented at the January 22, 1998 Design Review Board meeting. r � (9&1U823—P1s) V1 SUBDIVISION AGREEMENT BY AND BETWEEN ,,yl a THE CITY OF HUNTINGTON BEACH AND 1�m 11� MAYER FINANCIAL,LTD., FOR TRACT NO. 15535 I This Agreement("Agreement") is entered into this -221el ay of " 1999,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MAYER FINANCIAL,LTD., a California limited partnership,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Redevelopment Agency") is the owner of that certain tract of land in CITY, which SUBDIVIDER is seeking to subdivide into lots and to dedicate certain streets, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15535 (Pacific Grand Resort Tract); and Pursuant to that Amended and Restated Disposition and Development Agreement, dated as of September 14, 1998, entered into between the Redevelopment Agency and SUBDIVIDER, SUBDIVIDER will enter into long-term leases for the areas included in the entire Tract No. 15535, except for the street right-of-ways; and Pursuant to that Amended and Restated Development Agreement, dated as of September 21, 1998, entered into between the City of Huntington Beach and SUBDIVIDER, SUBDIVIDER will develop Tract No. 15535; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets, and to perform certain other improvements in said subdivision; and 1 g/j mf/99 agree/Mayer2 SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work;to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one(1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do,perform,and pay for the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include,but not limited to,the construction of streets, including excavation,paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets and other improvements, and said work shall be completed pursuant to the schedule set forth in Item 18 of 2 g/jmf/99agree/Mayer2 Attachment No. 3 of the above-referenced Amended and Restated Disposition and Development Agreement, dated as of September 14, 1998,which provides as follows: "[b]y the first to occur of(i)24 months after completion of soil remediation, (ii) 24 months.after actual commencement of construction of hotel improvements . . . [or] (iii) 36 months after close of escrow for Parcel A,"which is the Pacific Grand Resort Hotel site. This completion schedule shall be followed except for where tract map conditions require an earlier completion date, and except for the completion of the specific improvements for that portion of Beach Boulevard between Pacific View Drive and Sunrise Drive which SUBDIVIDER shall complete pursuant to the conditions of approval for the tract map. Before release of bonds by CITY, SUBDIVIDER shall have paid all labor and material bills for the project. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to completeall arterial highway improvements, including landscaping required by conditions of the tract map, except for that portion of Beach Boulevard between Pacific View Drive and Sunrise Drive pursuant to the conditions of the tract map,prior to issuance of a permanent certificate of occupancy for the Pacific Grand Resort Hotel to be constructed on Lot 1 of Tract No. 15535. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one(1)year following the date of City Council acceptance of same. 3 g/jmf/99agree/Mayer2 i • 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1)year from and after the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one(1) year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its sole cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s)by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed;nor shall CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 4 g/jmf/99agree/Mayer2 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work,including inspections thereof and the relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall,pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City: A. Faithful Performance: For performance security,in the amount of two million six hundred seventy-six thousand dollars,($2,676,000.00)which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two(2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 5 g/jmf/99agree/Mayer2 B. For Labor and Materials: Security in the amount of one million three hundred thirty-eight thousand dollars ($1,338,000.00)which is fifty percent (50%)of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors,and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION,DEFENSE,HOLD HARMLESS SUBDIVIDER shall defend,hold harmless and indemnify CITY and its elective and appointive boards, commissions,officials, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death,property damage, inverse condemnation, or any combination of these, and resulting from any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement,but save and except those that arise from the sole active negligence or willful misconduct of CITY. 6 g/jmfl99agree/Mayer2 • 0 The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s)in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policyof general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000 for this project. Said policy shall name City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 7 g/jmMagree/Mayer2 • • 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice to CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions,or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY(including,but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 8 g/jmf/99agree/Mayer2 0 • Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. MAYER FINANCIAL, LTD., CITY OF HUNTINGTON BEACH, a a California limited partnership municipal corporation of the State of California By: RLM Management, Inc., a California corporation, its General Partner Mayor- By: ATTEST: Robert f M r Chief Exec e Officer s 49:�Or-� City Clerk By: (T" APPROVED AS TO FORM: Robert L. M J Secretary ? ity Attorney INITIATED AND APPROVED: IG City Engineer REVIEWED AND APPROVED: City Administrator 9 g/j mfl99agree/Mayer2 CALIFORNIA ALL-PURPOt ACKNOWLEDGMENTMOM • State of California County of Orange On July 22, 1999 beforeme, Jan Smith, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared ROBERT L. MAYER AND ROBERT L. MAYER, JR. , Names)of Signer(s) 43 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Mare subscribed to the within instrument and acknowledged to me that*e Mwlfthey executed the same in*i~heir authorized capacity(ies), and that by#is>hw/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. aAN 3MTh CwWr+in"a#►}*" WITNESS my h and offici seal. NolaY ft9ft-Co11eMb �nor COTM AwX Signatu of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable Wersons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SUBDIVISION AGREEMENT BETWEEN MFL & CITY OF H.B. Document Date: July 22, 1999 Number of Pages: 10 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ROBERT L_ MAYER Signer's Name: RoRFRm T. MAYER� JR ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): gJ Partner—N Limited ❑ General ® Partner—IX Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ElGuardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here a Signer Is Representing: Signer Is Representing: Mayer Financial, LP Mayer Financial, LP 01996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • I, !I�I SC&'tk-- &)&t'ZN "h 4W.-O., I have received Faithful Performance Bond No. SD00083619, Frontier Pacific Insurance Company. Labor and Material Bond No. SD00083619, Frontier Pacific Insurance Company. Monument Bond No. SD00083620, Frontier Pacific Insurance Company. RE: Tract 15535, Robert Mayer Corporation (Mayer Financial Ltd., Approved by Council on 8/2/99—City Clerk Vault file 420.60. Dated: 9-1 y �q I By: BOND NO. SDoo 619 PREMIUM ONTHS` FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project TRACT NO. 15535,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,therefor,we,the principal and FRONTIER PACIFIC INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City',the penal ***TWO MILLION SIX HUNDRED SEVENTY SIX sum of THOUSAND TWO HUNDRED THIRTY FIVE AND NO/100'S*dollars($2,676,235.00*** lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his 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 covenant,condition and provisions in the skid agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such Obligation,all to be taxed as costs and included in any judgment rendered. t The surety hereby stipulates and agrees that no charge,extension of time,alteration or , addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surely above named,on JULY 09 MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHTP.as Principal RLM Management, Inc., as General Partner BY !! �I,� �i�✓ Robert L. Mayer, Vairman By FRONT�IIgR PACIFIC INSURANCE CO. .as Surety By DAVID C. BANFER, ATTORNEY-IN-FACT I, APPROVED AS TO FORM GI,IT..%il LTOi?. C .t: Attorney. �,�,y gttorne 7/7Ilf17 2 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On July 9, 1999, before me,N. Ortiz,-personally appeared David C. Banfer,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. root;7, N.oRni Commission# 1192302 iNotory Public-contomla some Diego county Si ature %MVcomm.B0msAw6.MM1 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of California County of Orange On July 9 , 1999 before me, Tan Smi t-h, Notary Public- bate Name and Title of Officer(e.g.,`Jane Doe,Notary Public") personally appeared ROBERT L. MAYER Name(s)of Signer(s) C4 personally known to me ❑proved to me on the basis of satisfactory evidence to be the personV whose name(,is/aFe-subscribed to the within instrument and acknowledged to me that he/44eA4" executed the same in his/4et*h&authorized capacity(ieo,, and that by his'hAF4hQ* signature($'] on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. JAN SMITH P Commission# 1181340 Z WITNESS my nd and off' ' I seal. z -� Notary Public-California ` Orange County U2 —r-W My Comm.Expires Apr 2G,2002 nature of Notary Public OPTIO Though the information below is not required by law,it may prove val le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: FAITHFUL PERFORMANCE BOND #SD00083619 Document Date: July 9 , 1999 Number of Pages: 5 Signer(s) Other Than Named Above: David C. Banfer, Esq. , Frontier Pacific Ins. Capacity(ies) Claimed by Signer(s) Signer's Name: ROBERT L. MAYER Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): CC Partner— Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb her ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Mayer Financial, LP 01996 National Notary Assoclation-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ?XRONTIER ACIM INSURANCE COMPANY (A California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY Enntu ill Rich if (terse 11 re,VIlt5:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California.pursuant to the following resolution;adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company; in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED.that any such Attorney-in-Fact.delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof.said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed.without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. _11ct Witttess U11 hereof,FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California;has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 9th day of February ,19 98 FRONTIER PACIFIC INSURANCE COMPANY f JULY 25 o _.0 Z 1919 y BY: STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On February 9, 1998 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal N.ORTIZ _ Commission# 1192302 , Notary Public-California San Diego County4% My Comm.Expires Aug 6,2002 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify thatthe original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9TH day of JULY 19 99 ,uG;F0G.INSUq;,,, /d� e,Qr' Ospo., -C_ln i W 2 �. Z_ -JULY 9�25- ;e= Joseph P.Loughlin,Secretary s FM19-5002A-FP(12/96) """" w-12925-12r96-IOM BOND N0. PREMIUM PREMI NCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND h WHEREAS,the City Council of the City of Huntington Beach,State of California,and MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project TRACT NO.15535 ,is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of **ONE MILLION THREE HUNDRED THIRTY EIGHT THOUSAND ONE HUNDRED SEVENTEEN DOLLARS AND 50/100'•S** dollars($ 1.338.117.50*******************),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond,and itoereby waive notice of any such change,extension,0.on or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on JULY 9 1999 MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal RIM Manag men , Inc., as General Partner By: Robert L. Mayer, Chai n By: FRONTIER PACIFIC INSURANCE COMPANY ,as Surety By: By: DAVID C. BANFER, ATTORNEY-IN-FACT A1111aOVED LS TO FOR92 G1IL HUT`1'ON, City Attorneg ByL Depu City,Attorney STATE OF CALIFORNIA ) </ ) ss COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND . SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) Ss COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES M.oi 2 sm CALIFORNIA ALL-PURPOSACKNOWLEDGMENT • State of California County of Orange On July 9 , 1999 before me, Jan Smith, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared ROBERT L. MAYER Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose named is/aye subscribed to the within instrument and acknowledged to me that ha.4W4sAhW executed the same in his/.4&9#;ak authorized capacity0eej, and that by hisA49##ei+" signatureXon the instrument the person,or the entity upon behalf of which the person(, acted, executed the instrument. JAN SMITH Commission* 1181340 WITNESS m nd and offi ial seal. ,Fd Notary Public-Califomio Orange County My Comm.Expires Apr26,20024--4/r at S' nure of Notary Public OPT/0 L Though the information below is not required by law, it may prove v able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached.Document Title or Type of Document: LABOR AND MATERIAL BOND #SD 0 0 0 8 3 619 Document Date: July 9 , 1999 Number of Pages: 5 Signer(s) Other Than Named Above: David C. Banf er, Esq. - Frontier Pac. Ins . Capacity(ies) Claimed by Signer(s) Signer's Name: ROBERT L. MAYER Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): X] Partner—X1 Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator . ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Mayer Financial, LP 01996 National Notary Assflation•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 I0001 0 MCRIONTIER PACIFIC INSURANCE COMPANY (A California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY V111viu aIIRicu1 It) Thrsr11rrsmats_That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California.pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert In such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla ,in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. 3Ict 0,ittices-J:C herrtlf,FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Powerof Attorney to be signed by its Vice President and its Corporate seal to be affixed this 9th day of February .19 98 FRONTIER PACIFIC INSURANCE COMPANY .y,,, i,= DULY tS� :;? BY: STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On February 9, 1998 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal N.ORTIZ Commission# 1192302 Notary Public-California Son Diego County1 49*Convn.E q*m Aug 6,2002 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certifythatthe original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9TH day of JULY 19 99 n -JUlY tS� °?' Joseph P.Loughlin,Secretary 1 .. FM19-5002A-FP(12/96) s W-12925-12/96-1OM STATE OF CALIFORNIA } )ss COUNTY OF SAN DIEGO) On July 9, 1999, before me, N. Ortiz, personally appeared David C. Banfer,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N.o211Z Commission#1192302 Z R Notary Public-Calitamia — Z San Diego County Signature —�—'�- � (� •� my comm.��Aug 6a 2002 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) a� r • BOND NO.Rnnnng-A PREMIUM sioo.00 / 24 MT a MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHIP + as Subdivider of Tract No. 15535 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said MAYF.R FTNANCTAT., LTD_—A CAT.TFORNTA T.TMITF.D PARTNERSHIP, � (Subdivider) as principal,and FRONTIER PACIFIC INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ ,snn_oo ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 9TH day of JULY 99 MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PAFNERSHIP ,as Principal RIM Management, Inc.,� ,,as eneral Partner By:&A&&: /0 -✓ Robert L. Mayer, Chairman By: FRONTIER PACIFIC INSURANCE COMPANY as Surety By. By: DAVID C. BANFER, ATTORNEY-IN-FACT APPEOV'E D AS TO FORA: CAIL HUTTON, City Attorney By.:i Deputy City Attrneg, 8M.flr CALIFORNIA ALL-PURPN ACKNOWLEDGMENT State of California County of Orange On July 9 , 1999 before me, ,Tan Smith, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared ROBERT L. MAYER , Name(s)of Signer(s) KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person.W whose namel,B'f is/axa subscribed to the within instrument and acknowledged to me that he/949M%y executed the same in hiss authorized capacity(ieo, and that by hWhei;Aheir signatureA on the instrument the person,or the entity upon behalf of which the persons') acted, executed the instrument. JAN SMITH Commission#1181340 WITNESS my hand and i al seal. z -d Notary Public-California _ Orange County My Comm.=xpi-es Apr26,20022 nature of Notary Public OPTIO A Though the information below is not required by law,it may prove va able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached.Document Title or Type of Document: MONUMENT BOND #SD 0 0 0 8 3 6 2 0 Document Date: July 9, 1999 Number of Pages: 4 Signer(s) Other Than Named Above: David C. Banf er, Esq.— Frontier Pac. Ins . Capacity(ies) Claimed by Signer(s) Signer's Name: ROBERT L. MAYER Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): tl Partner—ER Limited ❑ General ❑ Partner—[] Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb her ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Mayer Financial,L.P. ®1996 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 IMSIRIOMTRER PMACIF INSURANCE COMPANY (A California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY N110tu All MV tt L;u (Itrsr 11 rrNruts:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board.the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla ,in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all theacts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. 1111 V itttess 0ltrrr0f,FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 9th day of February ,19 98 FRONTIER PACIFIC INSURANCE COMPANY 1p OIL W' =JULY 250 ;;_ =2 919 BY: STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On February 9, 1998 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal N. Z Commtisionscion# 1192302 Iwo 402K] Notary Public-California San Diego County Niy Comm.EPires AUg 6,2M2 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certifythatthe original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9TH day of JULY ,1999 . Op90q'f..-p.0 ?Z _JULY �s 979 Joseph P.Loughlin,Secretary FM19-5002A-FP(12/96) "• w-tzszs-tzies-tor✓ STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On July 9, 1999,before me,N. Ortiz,personally appeared David C. Banfer,personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N.0ZT1Z _ Act,G Commission# 1192302 yI Notary Public-California Z San Diego County Signature �_ T MY comm.��"6,2002 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 1 Z0'd LZ0I0ZL6b6 :0T 666i-ST-Nnr MRS. ...ow7EWN1/DpAm • rjwauc�x' .-•-:': ._»x-�, «x. ..�:. �r_.:..._r�. _ .' 06 18 / /99 v. �r�(j C:I�iG�C QUI� TM CERr-Rr--sY'E IS ISSUED AS A MAT7EA OF WFQRBAAl701Y xrtbaix J. Gallaghe:s Co_ `/ �// ONLY APW CONE' $NO RIGHTS UPOW]r'M CERTIFMATIE License #072 6293 ��C 41d• HOLDER.TXIIS CERTIFICATE DOES NOT MI OW,oa ENp 01i; P.O. Box 5703E a,to D ALTER THE COVERAGE AFFORDED NY THE POLICIES BELOW. Irvine CA 92619-7036 �d� 00L�PAM3ESA�DAG COV>�j1GE Gi>my Pigeoan ���Y�C� rlwgrerd 949-756-8500 Fa 949-756-8?Ol / `v A Fire�eta'8 F=d 7umrance CO, ILL9UaW CWRAXY B Tsayer Finaracial Ltd., A California Limited COMPANY Partnezehip C 21.500 Pacific Coast Righaray COMPAMY Su7ztington Beach Ca 92648 p _, :'"�^^'..:.::;;.'/.ava;�;:^.....w..'v�.,,:.�:i%+Ki„_,..."«".'+. :.+..au:.aaor•�'O; ...... .0 _ ..w-..^.���•�:.:.;".w w..'0••".7:: ;p..u..d, TO$IS TO CERTIFY THAT THE POUCIES OF INSURANCEIJSTED 9MOW HAVE BEEN ISSUED TO THE MURED NAAM A8OVE FOR THE POLICY PMOO INDICATED.N0TYYITt3STAN0LN6 AAIY REQU,IRFNMT,TERM OR CONDITION OF ANY CONTRACT OR OTHER w im em wTTH R85PECT TO wNICH THIS CERTWICATE MAY ISSUM OR MAY PERTAIN,T RE INSURANCE AFFORDED BY THE POLICIES DESCMW HERM IS SU JECT TO ALL THE TERMS, EXCL.13MNS AND CONDITIONS OF SUCH POUOES.LIFTS SHOWN MAY HAVE OM REDUCED BY PAID CL%ud& Co TYPE Of-MSUFANCE POLX T NIJNM P0uCT VTtCTr4F POLICY FJO'MA7iDN DATEplIIRIOQfY1f) OA7El1A1141D�/YYI casatt$A9rurn GERMALASGRECATE s 2,060,000 A x COMIBF=ALC LuAHIISIY D=80729251 04/01/99 04/01/00 mwxm-cOtrmpAg6 a 2,000,000 CLAIMS MAOE7g OCCUR P8r3ONAL&ADvINJURY S 1,000,000 OWN9r$&COMMACM"PR0'T S44"DacURa8VCz s 11000,000 _ P4W DAMACC WW Wo taut S 50 000 MeO Ew wy,QM ponel :•5,000 AUnoa ON"IAASKnY ANY AUTO SINGLE UJWr ALL OWUM AUrOs SCrIAUL®AU70S pl"0aR17n • HV=AUMS FORM-, ND►►owNW Aunos APFROIr�n AS � � a GAIL FIU T r C I TX AT` Rev !' PROMM DAMA" a UABMnY AUTO ONLY-6AAGCIOW • Attorael ANYAVTO p Ci t. ,.:...�� OTHRTKOIAUTOONLY: ca[.7I A�eJi' AGOMMA77 z a Lnmw=JA FORM XYZ83708412 04/01/99 04/01/00 .carie m $25,000,000 OTM TAM UV&M"now srw7u• •.�ti » wow®as COLW81Cw77pW Aa7p � ,.....-.. SWROYEW UAMMY EL CAW ACCXMW a TwPRDPr*TM�o®cLrrA old. °•'•C ENT �- t.ACPED ac+ -roueerrA+tr a ,:;. OFI�AMEXCc AD�J L. 1 N.�l e. -El.&"VO rt s of Tlaa oc oPSLA ni s Certificate balder named as adcuticmal iaaured a$ respect to the OperAtions Of Mayer' F,'i��*±.ial Ltd. aad thoix officers, agBate and assigns activities - Waterfft I Project, Sabdlvisiou Agzeeamt, 7ezatct 15535, see CG2010 attacbad. Cyrnthia. 'Gallain 720-1017 ' A ANY 0FTKA8OVEbMC8k8W IOLJ=fE CA}M=LW OOMTbM E7fPIMTIN DATFTIt9F>Mf.THE KSkM6 COwrANY wKL MAX The Redegvelopamtent Agency a=d 30 aAYswLarrslAIOHCC7O rlacsa7c r>;nocnERwu.mTaTFN ter?: the City of Huntington Beach 3►ttu: Stepbgen V- Kohler 2000 Main Street Huntington Beach, CA 92648 ,wTl+vLa� IrwTIVIE _ C /7 ^l,1HJ / TrrTf717J G7•.0 AT _f'�IfT-1 v?�NIJ rvaan?1srdA>rs 77 �7 CC—IT _w,n� LT0T0ZL6b6 ST:OT 666T-BT-Nnf £0'd 1 x-guy-ran-ssrui le Jun ` 16:43 P.02/02 _POLICY NO. OXX80729261 COMMERCIAL GENERAL LIARKM ISSUED TO: Ms;�er'Fiasucia� Ltd. a CalifOrnf.a Limited'Partnership r; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUR LY_ ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS r (FORM B) I� This endorsement modifies insurance provided ender the foAowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE a Name of Person or Organization_ The Redevelopment Agency of the City of The Waterfront Project Huntington Beach and City of Huntingtm Beach SubdvWon Agreement and their officers and employees within the scope Tract 15535 of their duties 2000 Main street % Huntington Beach,CA 92%8 �t !1 Gf no entry appears above,iurfor:nation required to complete tins endorsement will be shown in the Dedar 60nz as appicabMe to this endorsement.) WHO IS AN INSURED (Section Ii)is wmaded to indade as an Insured the person or organization shown in the Schedule, but only with reVect to liab&y arising out of'your w t*W for that insured by or for you. PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the benefit of the Addtionai Ir ured(s)shall be Primary insurance but only as respects airy daims,loss or riabirdy arising out of the operations of the Named Inswred(s) and any ietstemce makWned by the Addifiorrar Insureds)shA be excess and eon-c�*ig. CG 20 10 11 85 cap"%,t,kXtbwxy Services off term_is" far / 7fAi/h71 c0.cRf wnfl v4fbdtA f1Sl�fllve.rv.1 7♦ - cc-c.• _wtnn Council/Agency Meeting Held: �. D•( 0 Def rred/Continued to: Approved ❑ Conditionally Approved ❑ Deniedi°ll I Clerk's Signature Council Meeting Date: August 2, 1999 Department ID Number: PL 99-47 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Planning Director SUBJECT: APPROVE FINAL TRACT MAP NO. 15535 OF TENTATIVE TRACT MAP NO. 15535, WITH BONDS AND AGREEMENTS (Waterfront Hilton) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 15535, located on the north side of Pacific Coast Highway, west of Beach Boulevard is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15535 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve the Subdivision Agreement between the City and Mayer Financial Ltd. and authorize execution by the Mayor and City Clerk." r Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 15535 and reject the offer of dedication, improvements, and bonds." � RRUEST FOR COUNCIL ACTIM MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL 99-47 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658 ENGINEER: Fuscoe Engineerinfj 5465 Morehouse Drive, Suite 180 San Diego, CA 92121 LOCATION: North side of Pacific Coast Highway, west of Beach Boulevard ZONE: Specific Plan 5/CZ (Downtown Specific Plan — District 9/Coastal Zone) GENERAL PLAN: CV-F7-sp (Commercial Visitor- Specific Plan) NO. OF ACRES: 18.6 acres NO. OF NUMBERED LOTS: 2 NO. OF LETTERED LOTS: None NO. OF UNITS: None DATE OF COMPLETE APPLICATION: July 21, 1999 MANDATORY PROCESSING DATE: August 16, 1999 DISCUSSION: On August 25, 1998 the Planning Commission approved Tentative Tract Map No. 15535/Precise Plan of Street Alignment No. 98-1/Conditional Use Permit No. 97-46/Coastal Development Permit No. 97-15 to permit a two-lot subdivision and the construction of a master planned destination resort hotel and conference center. Final Tract Map No. 15535 represents the only phase of Tentative Tract Map No. 15535. Since the project is a commercial development, the subdivider is neither subject to payment of Park and Recreation fees nor the provision of affordable housing. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. PL9947 -2- 07/16/99 10:29 AM RRUEST FOR COUNCIL ACTIOR MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL 99-47 Environmental Status: This action to accept Final Tract Map Wo. 15535 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b). Attachment(s): City Clerk's Page 1. Findings and Requirements for Acceptance of Final Map 2 Area Map 3. Tentative Tract Map No. 15535 with site plan 4. Tentative Tract Map No. 15535 Findings and Conditions of Approval 5 Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) RR PL9947 -3- 07/16/99 10:29 AM i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: p 0 o ATTENTION: ND DEPARTMENT: S e � � REGARDING:7i-A�l�! - City,State,Zip See Attached Action Agenda Item Date of Approval 'q�J' Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: ZeIAeF5Ir N e Dep ment RCA Agreement Insurance Other Nams,op De ent RCA Agreement Insurance Other Na�a Department RCA Agreement Insurance an&I Y aen'e.i e..h /►�c�,svrex. Name Department RCA Agreement Insurance Other _���� ,tom- _ ..L,�,CS • .. Risk Mana.-ement Dept. Insurance Received by Name-Company Name-Date Qfhowup/coverltr (Telephone:714-536-5227) ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 13, 1999 First American Title Company 114 East Fifth Street Santa Ana, California 92701 Attention: Ronald J. Gomez Escrow Pick Up No.9738591 — Final Tract Map No. 15535 The City Clerk's Office has prepared Final Tract Map No. 15535 to be recorded. Your office will be picking up this document to be recorded with the County. Please have a copy of the recorded map returned to the Bruce Crosby, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by Date escropu.doc/Grant Deed 5714/5715:jc (Telephone:714-536-5227) CI OF HUNTINGT BEACH INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 15535 (Authorization to Record) DATE: August 12, 1999 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Insurance Co. TITLE OFFICER: Ronald J. Gomez ORDER NO.: 9738591 PHONE NO.: (714) 558-3211 Bruce P. Cros y 35838 f1�'L_/ �p TR 15535 auth to record NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: flit/tier FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. ISE ery PARCEL MAP NO. ►�puca0 f? ' PARK AND RECREATION FEES PAID: ❑ YES $ p E� NO OTHER: ri for: W"r. _ Howard Zelefsky jPlanning Director