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Final Tract Map No 14357 of Tentative Tract Map 14357 - Sea
r Recording requested by 1 Z and when recorded return to Connie Brockway City Clerk � or orange Office of the City Clerk Recorded r off ici l Re�ords County CITY OF HUNTINGTON BEACH Gary Granville Clerk Recorder P O Box 190—2000 Main Street .11 111 I� �I�i i5! Iil l��in� ' l4i Huntington Beach Ca 92648 E 2000025500812 07pm 05115100 108 73 A04 1 000 000 000 000 000 000 000 000 (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 November 30 1999 the City Engineer considered l the subdivision improvements described below and found them to have been completed Ile satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use F Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 14357 Public improvements constructed consist of the domestic water system and appurtenances within the private streets The Foregoing Instrument is the City Clerk ' s Original Document Reflecting City Council Action Taken at December 20 , 1999 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest May 9 , 2000 , Connie Brockway, City Clerk and Ex-officio Clerk of the Ci y Council of the City of Huntington Beach, California By j�.j ��` Deputy This document is solely for tlio o9'irlelal lousiness of the City � CITY OF HUNTINGTON BEACH of Huntington Beach as contWW Plated under Government Code Exec CRO03 and shoLAd be reecwd% wee ®f 01- urge by City Engineer A3 Tax Exempt Government Agency CITY OF HUNTINGTON BEACH - �- - _by City Attorney" )29Q441 -- _ /, � _ f Deputy_City-Clok 36775 Citv of Huntington Beach 3 • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER February 10, 2000 CERTIFIED MAIL American Motorist Insurance Company Lou Jones Associates 7470 N Figueroa Los Angeles, CA 90041 To Whom It May Concern This Is to inform you the City Council of the City of Huntington Beach, on December 20, 1999, approved the release of the following bonds Tract # 14357 Faithful Performance and Labor&Material Bond No 3SM89075100 Monument Bond No 3SM89075200 i We are releasing the bonds and have enclosed them for your file Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds i If you have any questions regarding this matter, please contact me at (714) 536-5200 Sincerely, ShantLidenrich, CPA, CCMT c "� City Treasurer rn 3 — r Enclosures cc Seaview Village = 16373 Bolsa Chica St r Huntington Beach, CA 92648 -' Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G\Denine4ShanM cft=\BondLtb4 0 0 City of Hunting-ton Beach P C Box 711 CALIFORNIA 92648 # TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER January 18, 2000 CERTIFIED MAIL American Motorist Insurance Company Lou Jones Associates 7470 N Figueroa Los Angeles, CA 90041 To Whom It May Concern This is to inform you the City Council of the City of Huntington Beach, on December 20, 1999, approved the release of the following bonds Tract# 14357 Faithful Performance and Labor& Material Bond No 3SM89075100 Monument Bond No 3SM89075200 We are releasing the bonds and have enclosed them for your file Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds If you have any questions regarding this matter, please contact me at(714) 536-5200 Sincerely, Shan L Fr enrich, CPA, CCMT City Treasurer Enclosures cc Seaview Village 16373 Bolsa Chica St Huntington Beach, CA 92648 Bob Beardsley Director of Public Works(no attachments) Conme Brockway, City Clerk(no attachments) G\Deiune\.ShanlLettcm\Bond1164 CITY OF HUNTINGTON BEA 4? field neta- -rre Sdya4 MEETING DATE December 20, 1999 DEPARTMENT ID NUMBER PW 99-127 Council/Agency Meeting Held De�f rred/Continued to Appr ved Conditionally Approved ❑ Denied -10 " zhu�) 'i�044y It Clerks Signature Council Meeting Date December 20 1999 Department ID Number PW 99-127 CITY OF HUNTINGTON BEACH P REQUEST FOR COUNCIL ACTION t D SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator6P/0 ` PREPARED BY ROBERT F BEARDSLEY Director of Public Works `} SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 14357 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Seaview Village, the developer of Tract No 14357 which is located south of Talbert Avenue and west of Beach Boulevard, has completed all required public improvements and is requesting the 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 14357 and 2 Release the Faithful Performance/Labor and Material Bond No 3SM 890 751 00 and Monument Bond No 3SM 890 752 00 pursuant to California Government Code Section No 66499 7(b), and 3 Accept Maintenance Bond No 3SM 890 751 00-A the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to notify the developer Seaview Village of this action, and the City Treasurer to notify the surety American Motorist Insurance Company, of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder 1 Tr 14357 Bond release 2 12/08/99 2 30 PM • REQUEST FOR COUNCIL ACTRN MEETING DATE December 20, 1999 DEPARTMENT ID NUMBER PW 99-127 Alternative Action(s) Deny the recommended action Analysis On February 18, 1997, the City Council approved Final Map No 14357 and accepted bonds from Seaview Village the securities furnished for Faithful Performance/Labor & Material and Monuments The developer has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to Calif Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the 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 Calif Government Code Section No 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The developer has provided Maintenance Bond No 3SM 890 751 00-A as security Following is a list of project data Developer Seaview Village 16373 Bolsa Chica St Huntington Beach, CA 92648 Engineer Associated Engineers, Inc , 3311 E Chelby St Ontario, CA 91764 Title Co First American Title Co 114 E 5th Street Santa Ana CA 92702 Surety American Motorist Insurance Company (Lou Jones Associates 7470 N Figueroa, Los Angeles CA 90041-1091) Location South of Talbert Ave , west of Beach Blvd Lots 27 numbered lots and 1 lettered lot Acreage 2 648 Zone RMH (Median High Density Residential) 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 Maintenance Bond No 3SM 890 751 00-A 3 Notice of Acceptance of Public Improvements RCA Author Bruce Crosby jm 36794 Tr 14357 Bond release -3 12/08/99 2 30 PM A 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 Vt! ",-) "/// lam/ ATTENTION Name 10 DEPARTMENT 9ty �Sla�� REGARDING /� pi�e�urn A?s -�sr1/vrd✓ems e�� See Attached Action Agenda Item _// _ Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks 7- Connie Brockway City ClerkS/�? 9 75� 0 �IrJG� / a>U�YI e�7f 15SIn �' 90 7nz D 0 Q Lea Attachments Action Agenda Page Agreement Bonds Insurance RCA Deed Other cc aa--a-61 P—M/h d Name D ent RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other N Department RCA Agreement Insurance Other f-ye a�e�r/e�i 1r-.epsyre,- 7 Name Department RCA Agreement Insurance Other Risk Management Dept Insurance Received by Name - Company Name-Date G Followup/Letters/coverltr (Telephone 714-536 5227) Page 12 Council/Agenwgenda — 12/20/99 • E 10 (City Council) Adopt Resolution No 99 112 in Support of Proposition 12, on the March 7, 2000 Ballot Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (640 50) —Adopt Resolution No 99 112 - A Resolution of the City Council of the City of Huntington Beach in Support of the Passage of Proposition 12 the Safe Neighborhood Parks Clean Water Clean Air and Coastal Protection Bond Act of 2000 Submitted by the Community Services Director (See Agenda Item C 2b) [Approved 6-0 (Julien absent)] E 11 (City Council) Approve the Release of Securities for Tract No 14357 and Accept the Public Improvements Seaview Village s/o Talbert Avenue, w/o Beach Boulevard (420 60) —1 Accept the improvements constructed and dedicated for public use with Tract No 14357 and 2 Release the Faithful Performance/Labor and Material Bond No 3SM 890 751 00 and Monument bond No 3SM 890 752 00 pursuant to California Government Code Section No 66499 7(b) and 3 Accept Maintenance Bond No 3SM 890 752 00 A the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to Notify the developer Seaview Village of this action and the City Treasurer to notify the Surety American Motorist Insurance Company of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Submitted by the Director of Public Works [Approved 6-0 (Julien absent)] E 12 (City Council) Adopt Resolution No 99 113 to Approve Library Internet Policy for Minors (Children s Internet Use Policy) (100 10)—Adopt Resolution No 99 113— A Resolution of the City Council of the City of Huntington Beach Adopting a Public Library Children s Internet Use Policy' Submitted by the Director of Library Services [Approved 6-0 (Julien absent)] E-13 (City Council) Approve Agreement for Management Review of the City Attorney's Office - Management Partners, Inc Approve Waiver of Professional Liability Insurance (100 10) 1 Approve Professional Services Contract Between The City of Huntington Beach And Management Partners Incorporated For Management Review Of The City Attorneys Office to be performed by Management Partners Inc and authorize execution by the Mayor and City Clerk and 2 Accept the Settlement Committees recommendation to waive professional liability insurance Submitted by the City Administrator and the City Attorney Funding Source General Fund Non-Departmental not to exceed $85 000 [Approved 6-0 (Julien absent)] : °!; / / • \�` \ ! �a ! r ! > » LU EtIll r, / ! „ v � ! ! ! ® *! , - „ > ! J TALBERT AVE —E-1 0 m HAPPY DR = c� W m PROJECT L OCA TION a 0 NOT TO SCALE ATTACHMENT No 1 1 ) LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR 14357 � � s *� m g ,T�T- �Af C- A « f , ` w w \ a/ >& "T \® &_ : 'A � ` I have received Maintenance Bond No 3SM 890 751 00 A —American Motorists Insurance Company for Seaview Village RE City Clerk Vault File No 420 60—Approved by Council on 12/20/99 der Dated !2- -3o -9� By _ r! l Americtan Motorit Insurance Comp 1%mrolz. FIRST TERM PREMIUM FULLY EARNED Bond Number 3SM 890 75100 A Premium (One Year) $ 0 00 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That Seaview Village, a California general partnership as Principal and AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the state of California hereinafter called the Surety are held and firmly bound unto City of Huntington Beach in the sum of Twentv Thousand and No/100ths DOLLARS ($20,000 00) lawful mone, of the United States of America f lie navm,-nL of wii,.h suns weir and truly to be made �, e bind ourselves our weirs exei-ors aciministrators successors and assigns jointly and severally firmly these presents fay /s9 W ry)ay WHEREAS on the xxxxx day of xxxxx 19XX the said principal entered into an agreement to the Obligee for Subdivision Improvements Tract Number 14357 (Original subdivision bond number 3SM 890 751 00) WHEREAS under the terms of the specification for said work the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of One Year year(s) from and after the date of completion and acceptance of same NOW THEREFORE If the said Principal for a period of one year(s) from and after the date of completion and acceptance of same by said Obligee replace any and all defects in said work resulting from defective materials or defective workmanship then the above obligation to be void otherwise to remain in full force and effect SIGNED SEALED DATED January 199Q view Village, ;77:7ty) ny a Califor is ene al artnershi (Principal) By By David o !t5tor5ns In Fact +�— r Y /140q DIRECT CORRESPONDENCE TO LOU JONES&ASSOCIATES PO BOX 41375 7470 N FIGUEROA ST LOS ANGELES CA 90041 PHONE(323)257 8291 FAX(323)256 7218 Maintenance Bond 11 02 98 dot i� L CALIFORNIA ALL-PURPOSE a ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF �a> On before me B_enda M W►uc,� � mo*ry p4lic , DATE NAME TITLE OF OFFICER E G JANE DOE—/NOTARY PUBLIC personally appeared 81 Iq,n Sq SSolual� O �n� V personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/arse subscribed to the within instrument and acknowledged to me that he/fie/ they executed the same in his/heir authorized capacity(ies), and that by his/haOthmr } signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted r executed the instrument r. Brenda M Wickett� c -� U Comm p1161647 WITNESS my hand and official seal "oTaoaAMCEccx ir- A Comm Exp NoV 15 2001 c L (SEAL) NOTARY PUBLIC SIGNATURE 15 OPTIONAL INFORMATION 1 r 1 J TITLE OR TYPE OF DOCUMENT AA(21 1 fW 0 0 CC B o rl d-Ale c A DATE OF DOCUMENT 6 I_(J — / / NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE r _r~ -An 0 0 CAUFORNMALL-PURPOW ACKN0WLVJDGWNT State of Calitornii County of Los Angeles On JA,, 5 before me A MelendeZ Notary Nbkc, NAME TITLE OF OFFICER personally appeared David Z Noddle NAME OF SIGNER 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 authorzed cap--Cl-y(es) and that by his/her/their eouoeooeoe000000eaooe000eaeeoeeeee•.� signature(s) on the instrument the person(s) or the A MELEiNDEZ e entity upuii urhalf oCwhit-h uic persori�t.) ac.tcd R 6 Y� COMM #f 077910 R executed the instrument S _ NOT nY PULL C C LIFORNIA S 2 ` LOS r,NGELES 2 A y Comm Expires Nov mber 19 19%0 WITNE S rr y an and of ial seal ooaeoeoe000ee00000eoe0000a000000000p i (SIGNATURE OF NOT OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of tlus form CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY IN FACT .JA N 15 1999 ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) America,i Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE PUMPER Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company (hereinafter called the Company ) a corporation organized and existing under the laws of the State of Illnois and having its principal office in Long Grove Illinois does hereby appoint David Z Noddle of Los Angeles California Its true and lawful agent(s) and attorney(s) in fact to make execute seal and deliver during the period beginning with the date of Issuance of this power and ending on the date specified below unless sooner revoked for and on Its behalf as surety and as Its act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2 500 000 00) EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter o c-dit This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23 1988 at Chicago Illinois a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers this January 1 1994 Attested and Certified �� 1'Oo, American Motorists Insurance Company /4m IWIIM ti "!" -� 'YI COIPotAT10� 9 Robert P Haines Secretary by J S Kemper III Exec Vice President I ATTACHMENT #3 Recording requested by and when recorded return to Connie Brockway City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH J� P O Box 190—2000 Main Street Huntington Beach Ca 92648 Q, (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 2-)5 22) PLEASE TAKE NOTICE THAT on November 30, 1999, 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 14357 Public improvements constructed consist of the domestic water system and appurtenances within the private streets The Foregoing Instrument is the City Clerk ' s Original Document Reflecting City Council Action Taken at December 20 , 1999 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest May 9 , 2000 , Connie Brockway, City Clerk and Ex-officio Clerk of the Ci y Council of the City of Huntington Beach, California By _ Deputy This document is sciey fax im otPiclai business of the City CITY OF HUNTINGTON BEACH of Huntington Beach as contp101• Plated under Government Cbde , Sec 6103 and should be recortUd t-ee of cs arge by City Engineer Tex Exempt Government Agency CM OF HUNTINGTON BEACH I4 by City Attorney Deputy City Clerk 36775 i, CITY OF HIJNTING'T'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 4 1997 Seaview Village Partners Etco Development Inc 537 Newport Center Drive Suite 244 Newport Beach California 92660 The City Council of the City of Huntington Beach at the regular meeting held December 2 1997 approved execution of the enclosed subdivision agreement between the city and Seaview Village Partners for Tract No 14357 Enclosed is a duly executed copy of the subdivision agreement for your records Sincerely Connie Brockway City Clerk Enclosure Agreement G followup agrmtltr/Seas iew 14357/jc (Telephone 714 536 5227) Council/Agency Meeting Held � /9? Deferred/Continued toaL Ul"Approved ❑ ditionally Approved ❑ Denied 0 City Clerks ignature 4-0 Council Meeting Date February 18 1997 Department ID Number PW 97 005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administrator�� PREPARED BY j�UL�M JONES II Director of Public Works U SUBJECT Acceptance of Bonds -- Tract No 14357 EStatement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Seaview Village Partners the developer of Tract No 14357 located on Happy Drive southwest of Talbert Avenue and Beach Boulevard is requesting that their bonds be accepted Fundinq Source Not applicable Recommended Action Accept Faithful Performance/Labor & Material Bond No 3SM 890 751 00 and Monument Bond No 3SM 890 752 00 and instruct the City Clerk to file the bonds with the City Treasurer Alternative Action(s) /1 Deny the recommended action G�' f #QUEST FOR COUNCIL ACTIR MEETING DATE February 18, 1997 DEPARTMENT ID NUMBER PW 97-005 Analysis On December 2 1996 the City Council approved Final Map No 14357 and accepted the Subdivision Agreement The City Clerk was instructed to file the bonds with the City Treasurer upon their submittal The bonds have been submitted (attached) and approved by the City Attorney as to form Environmental Status Not applicable Attachment(s) City Clerk's Page Number 1 Location Map 2 Faithful Performance/Labor & Material Bond No 3SM 890 751 00 and Monument Bond No 3SM 890 752 00 LMJ BPC 0023165 01 2 02/04/97 3 42 PM low TALBER T AVE OO m HAPPY DR = U Q W > m PROJECT L OCA TION a 0 NOT TO SCALE ATTACHMENT No 1 LOCATION MAP LAM CITY OF HUNTINGTON BEACH Via DEPARTMENT OF PUBLIC WORKS TR 14357 • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEA VIEW VILLAGE FOR TRACT NO 14357 TABLE OF CONTENTS Section Paqe 1 General Street Construction 2 2 Arterial Highway Improvement 2 3 Guarantee 2 4 Faithful Performance and Security 3 5 Indemnification Defense Hold Harmless 3 6 Workers Compensation Insurance 4 7 Insurance 4 8 Certificates of Insurance Additional Insured Endorsements 5 9 Attorneys' Fees 5 3/k/pcdocs/seaview tract 14357/117/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEA VIEW VILLAGE FOR TRACT NO 14357 THIS AGREEMENT is entered into this 2 n d day of December 1996 by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as CITY" and SEA VIEW VILLAGE a California general partnership hereinafter referred to as SUBDIVIDER " RECITALS WHEREAS SUBDIVIDER is the owner of a tract of land in CITY which it is seeking to subdivide into lots and to dedicate certain streets alleys 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 14357 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 alleys and to perform certain other improvements in said subdivision and 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 Govemment Code of the State of California and Chapter 225 of CITY S Zoning and Subdivision Code NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 3/k/pcdocs/sea view tract 14357/1/7/97 1 GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform 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 lot laterals and installation of meters engineering costs and any miscellaneous requirements as may be set forth in CITY S codes 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 alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof and all labor and material bills therefor shall have been paid by SUBDIVIDER 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 2 3/k/pcdocs/sea view tract 14357/1!7/97 • • 4 FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred Thousand Dollars ($200 000) as prescribed by Section 255 16 thereof which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map The deposit may be by corporate surety bond cash or other approved form of improvement security All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY 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 5 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to SUBDIVIDERS employees and damage to SUBDIVIDER'S property arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER including those arising from the passive concurrent negligence of CITY but save and except those which arise out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY SUBDIVIDER will conduct all defense at its sole cost and expense CITY shall be reimbursed by SUBDIVIDER for all costs or attorney s fees incurred by CITY in enforcing this obligation 3 3/k/pcdocs/sea view tract 14357/117197 • 0 6 WORKERS' COMPENSATION INSURANCE Pursuant to Cahfomia Labor Code § 1861 SUBDIVIDER acknowledges awareness of § 3700 et seq of said code which requires every employer to be insured against liability for workers' compensation SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit 7 INSURANCE In addition to the workers compensation insurance and SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify SUBDIVIDER its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT 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 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER s insurance shall be primary 4 3/k/pcdocs/sea view tract 14357/1 M97 • • Under no circumstances shall said abovementioned insurance contain a self-insured retention or a deductible or any other similar form of limitation on the required coverage 8 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS 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 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 of CITY and 4 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 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 the Agreement CITY or its representative 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 A separate copy of the additional insured endorsement to each of SUBDIVIDER s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 5 3/k/pcdocs/sea view tract 14357/1/7/97 • • 9 ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof each party shall bear its own attorney fees and costs IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written SEA VIEW VILLA C ifor a General CITY OF HUNTINGTON BEACH A Partnership municipal corporation of the State of California By 4#1-4 Bua as un aan gen partner Mayor � , ATTEST REVIEWED AN 71 VED �c City Clerk City Administrator APPROVED AS TO FORM /`r � City Attorney INITIATED AND APPROVED City Engineer 6 3/k/pcdocs/sea view tract 14357/1/7/97 M J� S � 7470 N FIG! ROA LOS ANGELES CA W91 L%1:0P O BOX 4 LOS ANGELES CA 90041 1091 t (213) 257 82 FAX (213) 256 7218 & ASSOCIATES -- -- - --- -- — ----- FIRST TERM PREMIUM FULLY EARNED Bond Number 3SM 890 75100 Premium (Two Years) $4,000 00 SUBDIVISION BOND FAITHFUL PERFORMANCE-PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS That Seaview Village, a California general partnership as Principal and the AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois and authorized to transact surety business in the State of California as Surety are held and firmly bound unto City of Huntington Beach as Obligee in the sum of Two Hundred Thousand and No/100ths DOLLARS ($200,000 00) for which the payment whereof, well and truly to be made said Principal and Surety bind themselves their heirs administrators successors and assigns jointly and severally firmly by these presents THE Condition of the foregoing obligation is such that whereas the above bounden Principal has entered into a contract/agreement dated 00/00/00 with the Obligee to do and perform the following work to wit Subdivision Improvements Tract No 14357 NOW THEREFORE if the above bounden Principal shall well and truly perform the work contracted to be performed tinder said contract then this obligation shall be void otherwise to remain in full force and effect SIGNED SEALED DATED December 26, 1996 Seaview Village a California general partnership American is Insurance Company (Principal) i (Surety) By (. / By f � �avidZd31e Attorney In Fact \ l ® DIRECT CORRESPONDENCE TO LOU JONES&ASSOCIATES PO BOX 41375 7470 N FIGUEROA ST LOS ANGELES CA 90041 PHONE(213)257 8291 FAX(213)256 7218 Subdivimon Performance Bond 07 31 96 dot i • .,aniurrila County of Los Angeles On DLL 2 6 '—it, before me A Melendez, Notary Public, NAME TITLE OF OFFICER personally appeared David Z Noddle NAME OF SIGNER ®Personally known tome - OR - ❑ proved tome 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 A luod W (SIGNATUR F NOTARY) OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES i I ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) - - American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE t i — s _— -T----- - - - ------- - — -- bond Number --3SM 890 751 00 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS That we Seaview Village, a California general partnership as Principal and AMERICAN MOTORISTS INSURANCE COMPANY as Surety are held and firmly bound unto the City of Huntington Beach as Obligee in the sum of One Hundred Thousand and No/100ths DOLLARS ($100,000 00) lawful money of the United States of America for the payment of which sum well and truly to be made We bind ourselves jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH That Whereas said Pnncipal has entered into a Subdivision Agreement with the Obligee dated 00/00/00 in which said Principal agrees to construct designated public improvements as follows Subdivision Improvements Tract No 14357 and as a condition of approving said Subdivisio❑ the Principal is required to give Labor and Material Payment Bond as herem provided NOW THEREFORE if said Pnncipal and/or contractor or subcontractor fails to pay for any materials provisions or rented equipment used in upon or for or about the construction of the public improvements for performance of the work to be done or any work or labor done of any kind in or on such improvements said surety will pay the same in an amount not exceeding the sum set forth above Tliis bond shall insure to the benefit of the contractor his subcontractors and to persons renting equipment or furnishing labor and materials to them for the improvements SIGNED SEALED DATED ember 26, 1996 Seavi illage a all nua general partnership American Moton Insurance Company (Pnncipal) (Surety) F By / / Dav Z die Attoniey In Fact C�1L T Ji�0 i C_, r tor-ioy Fy peps ty t ! t c,y 1t1�I �1b 0 DIRECT CORRESPONDENCE TO LOU JONES&ASSOCIATES PO BOX 41375 7470 N FIGUEROA ST LOS ANGELES CA 90041 PHONE(213)257 8291 FAX(213)256 7218 Subdivision Pd}ntent Bond 07 31 96 dot I I County of Los Angeles I jOn before me A Melendez, Notary Public, ( NAME TITLE OF OFFICER personally appeared David Z Noddle NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are eoso•®oom0000eaoe�oee ooeao ppCpq��� subscribed to the within instrument and 10 F A MELENDEZ acknowledged to me that he/she/they executed R t Y y COW4�077910 R the same in his/her/their authorized capacity(ies) 5 -" NOT4Rvoj� C C h S E 2 �� ,i SOS c F 2 and that by his/her/their signature(s) on the 0 �rn Ex 5 instrument the person(s) or the entity upon �o©000eeooac00000c0000000e aocnA�cG i behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal (SIGNATURE OF N RY) I OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form ' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I I ❑ INDIVIDUAL BOND(S) I ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY IN FACT I ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Know Alt Men By These That the American Motorists Insurance Company (hereinafter called the Company ) a corporation organized and existing under the laws of the State of Ilinois and having its principal office in Long Grove Illinois does hereby appoint David Z Noddle of Los Angeles California its true and lawful agent(s) and attorney(s)in fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as its act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS($2 500 000 00) EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 1997 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23 1988 at Chicago Illinois a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers this January 1 1994 Attested and Certified aA i �o, American Motorists Insurance Company AM CON►Of4n01GN 3 �ft G Robert P Haines Secretary by J S Kemper III Exec Vice President STATE OF ILLINOIS SS I COUNTY OF LAKE I Irene Klewer a Notary Public do hereby certify that J S Kemper III and Robert P Haines personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company a Corporation organized and existing under the laws of the State of Illinois subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 4 OF SEAL 4 transene Klewer ► Kl errer ► 4 Notary Public State of Alma 0- 4 m!coi.Liw Evh tram ► My commission expires 1 28 98 ������������� Irene Klewer Notary Public effect since the date thereof and is in full force and effect on the date of this certificate and I do further certify that the said J 5 Kemper and Robert P Harries who executed the Power of Attomey as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the American Motorists Insurance Company IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the Amencan Motorists Insurance Company on this n r n n „ .n-F 19 I An ka yI COR►MATMR 3 0 �OpJ G J K Conway Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated FM 0362 6 96 Power of Attorney Term Printed in U S A LOU J®W—� 7470 N 1W L ANGELES 90041 1091 ""'—'—'�P O BOXX 4 4 OS ANGELES CA 90041 1091 & ASSOCIATES (213) 257 8291 FAX (213) 256 72t&, FIRST TERM PREMIUM FULLY EARNED Bond Number 3SM 890 752 00 Premium (Two Years) $ 100 00 SUBDIVISION BOND FAITHFUL PERFORMANCE-PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS That Seaview Village, a California general partnership as Principal and the ANIERICAN MOTORISTS INSURANCE CON11PANY a corporation organized and existing under the laws of the State of Illmois and authorized to transact surety business in the State of California as Surety are held and finely bound unto City of Huntington Beach as Obligee in the sum of TN�o Thousand and No/100ths DOLLARS ($2,000 00) for wluch the payment whereof well and truly to be made said Principal and Surety bind themselves their heirs adnumstrators successors and assigns jointly and severally finely by thece presents THE Condition of the foregoing obligation is such that whereas the above bounden Principal has entered into a contract/agreement dated 00/00/00 wnth the Obligee to do and perform the following work to wit Setting of Monuments Tract No 14357 NOW THEREFORE if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract then thus obligation shall be void otherwise to remain in full force and effect SIGNED SEALED DATED December 26, 1996 Seaview Village a Califorma general partnership American nsts Insurance Company o (Principal) (Surety) By t� /1 i�l_ By avr Noddle Attorney Iu Fact ® DIRECT CORRESPONDENCE TO LOU JONES&ASSOCIATES PO BOX 41375 7470 N FIGUEROA ST LOS ANGELES CA 90041 PHONE(213)257 8291 FAX(213)256 7218 Subdn ieion Performance B(nd 07 31 96 dot 0 0 -- - State of (,alifornla County of Los Angeles On before me A Melendez, Notary Public, NAME TITLE OF OFFICER personally appeared David Z Noddle NAME OF SIGNER ®Personally known tome 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 V � A N1EL 10779 G the same in his/her/their authorized capacity(ies) a CCr ir1 0 9 0 S -_� .� s and that by his/her/their signature(s) on the 2 b_ 4 2 instrument the person(s) or the entity upon •`°'" - ``r ` ` behalf of which the person(s) acted executed the instrument WIT ESS' my hand and office I seal (SIGNATURE O TARY) OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Know All Men By These Presents ^�^ That the Amencan Motonsts Insurance Company (hereinafter called the Company ) a corporation organized and existing under the laws of the State of Ilinois and having its pnncipal office in Long Grove Illinois does hereby appoint David Z Noddle of Los Angeles Califomia its true and lawful agent(s) and attomey(s) in fact to make execute seal and deliver dunng the penod beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on Its behalf as surety and as its act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2 500 000 00) EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authonty does not permit the same obligation to be split Into two or more bonds in order to bnng each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its pnncipal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 1997 This Power of Attorney is executed by authonty of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23 1988 at Chicago Illinois a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in wnting and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other wntings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authonty of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in wnting and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and its corporate seal to be affixed by its authonzed officers this January 1 1994 Attested and Certified ' Amencan Motonsts Insurance Company /411 1W IIOIf �+ —I COMfM�T701 3 l G� Robert P Hames Secretary by J S Kemper III Exec Vice President STATE OF ILLINOIS SS COUNTY OF LAKE 1 Irene Klewer a Notary Public do hereby certify that J S Kemper III and Robert P Hames personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motonsts Insurance Company a Corporation organized and existing under the laws of the State of Illinois subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that they being thereunto duly authonzed signed sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth OFFlGAL SEAL ► I Irene Kierrer ► 4 Notary Public State of Illmas ► 4 ry C0i 13tIon Expi,ft trASS ► My commission expires 1 28 98 �V 1W W W V 1W V1 V1 W�W W Irene Klewer Notary Public �__./ / � Y, w effect since the date thereof and is in full force and effect on the date of this certificate and I do further certify that the said J S K`empe`ni" and Robert P Hames who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Amencan Motonsts Insurance Company IN TESTIMONY WHEREOF I have hereunto subscnbed my name and affixed the corporate seal of the Amencan Motorists Insurance Company on this 0 E 5 �� 19 14, Y(AR IWR01s t+ MR"OAnot 9 G L F l Grp J K Conway Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authonty to bind the Company except in the manner and to the extent herein stated FM 0362 6 96 Power of Attorney Term Pnnted in U S A x = - �4 T H I_1 I - 4 i 1 = I •= I F C- QT/Hj/I-iz)7 10 lh 034I17z17 T)ELAtIEY INEJRI ,IU E PA,aE 02 „ ��Ra. lis� OCA y O � HSILITY ���tJ�AlElki.l.� _ ^_ OJ DATE PHOWLIA THIS CERTIFICATE IS ISSUED AS 4 MATTER OF INFOFIMATIO( ONLY AND CONFERS NO RIGH S UPON THE CEFITIF(CATI HOLDER THIS CERTIFICATE: DOE I. NAY AMEND EXTEND 01 DELANEY INSURANCE ALTER THE COVERAGIE_A_FFO_R^F] 0 ' "_ +ICIES BELOW 9035 HAVEN AVE SUITE 104 _ _- OP11 r+r KS RANr+Hp CUCAMONGA CA Q, 7' `— f 9 0 9) 4 81-7 2 2 2 Rmsto 9., Vt."-) ✓y CCYFAN'Y •� _� ETCO DEVELOPMENT, SNI— e GOLOEN EACLE INSMAONCE 537 NEWPORT CFN`Y'ER DR 244 COMPANY - NEWPORT BEACH CA 92660 COMPANY —�— Tno-e-x -fta IVa s D r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED r,BOVE FOR THE POLICY PE9100 INDICATED NUTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION Of ANY CONTRACT OR OTINER DOCUMFNT WIYH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUSJI6CT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OFF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED_BY PAID CLAIMS Cd TYPt OP INWRANCR PQLJGY NUMret POLICY ePeCTNE NLFCY EXPIRATION IIMCTf LTA DATE(MM/DD/YYy entt IMM/DD/YYI QU{ElULL UA&CM rKN RAL Ai CFEGATE 141 0 0 0, 0 0( X COµM f7rMl EIL��CIAt NY LIAITY PRODUCTS CO AP�e AGa41 000 0 0 E CLAIMS MADE OCCUR E�AC;fJOCCL NAL! ADV NJURY {1 00,00 A OVY&FASGCONYKAGDASPROT AC $368 2/19/97 H 1 61 , 000, 00c I FIRE DAMA(S IAnY ON I •) 150, 000 AVTOMOMLC LIAuI+TY MED C10 • ye g pwn0nl 15, 0 0 0 � � - -- ANY AUTO COrv141r+ED iNG E L MiT { ALL OWNIO AVTOS BODILY 1N LAY ECHPDULrD AUTA {Prr pq 10'U .+IAeo nu7 as BODILY INJLAY 1 NON 4WNC0 AUTOS IP6r accioe it PROP[RTY D0,4IAAE 1 -- OAAAW L.IMAArY APPROVED AS TO FORM ; AUTO ONLY EA ACC1C&NT 6 ANY AU 0 GAIL HUTTON C ty Attorney{ o-r+-n THA" AUTO ONLY j By Deputy Cit Attorney I Ch H AC�WrNY 6 _-- - AGG*GATE LYCLNN LLOILITY EE-j- THLI RENCE 1 6 UM8RPLIA FCPW ! — OtHLA THAN uMCMeLLA FORM 4 ^ r - I + 1 WORKeU C0MPSNSAT,DN AP+O 7U• r�`IOTn RMPLOYing LJA*Am I31CB�_„JETTHC PHFJPAIETOA/ C(DENT 1r 000,000 PAn NC718/PXMClfT1VQ 11L NWC—39 3 6 0 3 2 19/9 6/ 2/-9/97POLICY LII11T 61 000 0 00 OFPICGR'7 AAE L°XCL I.I - -A M"LOYCE III 000, 000 OTHEYI _—� __�- -- i I I poscNvrFl(Ha OF orPAATroNrnaCArwnL6rv[++H:La<arrPtclAr,rTrMd — JOB NAME PARKSIDE CLASSICS LLC/SEAVIEW VlrTA(,-E REVISION FOR 01/08/97 NOTE CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL TNSURP- D IN PEGARDS TO GEN LB C"M LATIOri a t7 SMOU1.0 ANY OF THE ADOVE O,VCHIpFD P017�IC4 06 CANcrritrDD BEFORE TH6 CITY O.t SFr*H�UNTINGTON BEACH O(FiNATION DATr 7H[NEOF THE ISt(U,Na COMPANY t%ILL U�AYI XIX MAIL 2000 MAIN ST I 3L—O- VAYp tvRJrTTCN HOTICQ TO THE CEn TIFIC ATE HOLIxA NAMED TO THC LtrT HUNTINGION BF-ACH CA 92648 VS�y.�`�� y �Em , �,f,� �",v I1 Y-XXYJt X YX Y XXA J\Y 3L1 13f 91�E�a'1cIA7 11 Ir 9�iaa 17_ DEL_f 1E r Fr,��E 4J� (L`} ENDORSEMENT {F TH13 FNDQRSEMENT CHAI9GES -NE TOLU'y ?LASE READ _T CAREFUL Y ADDITIONAL INSURED-OWNERS , LESSEES OR CONTRACTORS (FORM B) -his endorsement modifies insusenee provided undei the fol_owina r-OMMERC1At, GENERAL LIABILITY COVERAGF PART SCHEDUCI.H Ncwe of 'error or CrgarlTat,on (if no -ntry a�.puars above, irformation =ecoired to rnnolete tt _s endo:�semert wi-1 be zhown in the declarations as app_ic,bte "o this endorsement ) WHO IS AN INSURED (Sec-ion II ) is amended to _nclude as az insured tl�v per:,cn or organization shown in the Schedu-e, Lout only wit.n respect to amiability arising our of 'yo4r worK ' tJ1 that insured by YQL CG 20 10 11 as ApF;OV£D AS TO FOR14 G"IT, }JUTTOLT City Attorney E.; Deputy City Attorney a FROM THE DESK OF Patricia Da.pkus ,January 8, 1997 Gail, Could you review and sign in full on the attached subdivision agreement for Sea View Village (Bran So�ssounian's project) This was already signed by your department and has been to City Council and approved However, we cannot locate the original subdivision agreement so we are circulating a new copy Bran is has is very anxious to get this resolved so that he can record his Final Tract Map Thank you for your help Pat D .. �a-, fix. Council/Agency Meeting Held Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied City Clerk s Sign re Council Meeting Date December 2 1996 Department ID Number CD 96-57 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administ a or / Cam_ PREPARED BY MELANIE S FALLON Community Development Director Y/X--",_ SUBJECT FINAL TRACT MAP NO 14357 OF TENTATIVE TRACT MAP NO 14357, WITH BONDS AND AGREEMENTS(SEAVIEW VILLAGE SUBDIVISION) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 14357 (Seaview Village Subdivision a 27 unit single family residential subdivision) located on Happy Drive southwest of Talbert Avenue and Beach Boulevard is being submitted to the City Council for approval Funding Source Not applicable Recommended Action Motion to Approve Final Tract Map No 14357 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements Findings for Acceptance of Final Map 1 Final Tract Map No 14357 is in conformance w h the California Subdivision Map Act the City of Huntington Beach Subdivision Or nance and Tentative Tract Map No 14357 conditions of approval as approved y the Planning Commission 0 0 REQUEST FOR COUNCIL ACTION MEETING DATE December 2, 1996 DEPARTMENT ID NUMBER CD 96-57 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 upon their submittal 3 Instruct the City Clerk to not 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 Subdivision Agreement Alternative Actions) The City Council may make the following motion A "Deny Final Tract Map No 14357 and not accept the offer of dedication improvements and bonds " CD96 57 DOC 2 11/21/96 3 29 PM REQUEST FOR COUNCIL ACTION MEETING DATE December 2, 1996 DEPARTMENT ID NUMBER CD 96-57 Analysis A PROJECT PROPOSAL SUBDIVIDER Sea View Village 16373 Bolsa Chica St Huntington Beach CA 92648 ENGINEER Associated Engineers Inc 3311 East Chelby St Ontario CA 91764 LOCATION Happy Drive southwest of Talbert Avenue and Beach Boulevard ZONE RMH (Medium High Density Residential) GENERAL PLAN RMH (Medium High Density Residential) NO OF ACRES 2 648 NO OF NUMBERED LOTS 27 NO OF LETTERED LOTS 1 NO OF UNITS 27 DISCUSSION On June 11 1996 the Planning Commission approved Tentative Tract Map No 14357 for a 28 lot subdivision for construction of 27 detached single family residential units Final Tract Map No 14357 represents the only phase of the project The subdivider will satisfy the Park and Recreation requirement through the payment of park and recreation fees in the amount of$84 239 91 and all other requirements necessary prior to recordation of the map 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 CD96 57 DOC 3 11/21/96 3 29 PM REQUEST FOR COUNCIL ACTION MEETING DATE December 2, 1996 DEPARTMENT ID NUMBER CD 96-57 Environmental Status This action to accept Final Tract Map No 14357 is exempt from the requirements of the California Environmental Quality Act Section 15628(b) On March 18 1990 the City Council approved Negative Declaration No 90-23 for the project Attachment(sl City Clerk's Fa ge Number 1 Area Map 2 Tentative Tract Map No 14357 3 Tentative Tract Map No 14357 Findings and Conditions of Approval 4 Subdivision Agreement CD96 57 DOC -4 11/21/96 3 29 PM i • CITY OF HI.JNTING"T°ON BELCH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date January 9 1997 First American Title Insurance Company 114 E 5th Street Santa Ana California 92701 Attention Ronald J Gomez Regarding Final Tract Map No 14357 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Bruce Crosby Department of Public Works P O Box 190 Huntington Beach CA 92648 Sincerely Connie Brockway CIVIC City Clerk CB jc Enclosure Received by A Dated g Vollowup\tractmap (Telephone 714 536 5227) NOTICE OIL COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO 1 `4 PARCEL MAP NO PARK AND RECREATION FEES P AID YES $ 91 ❑ \TO OTHER r v%ard Zelefsky Planrung Director AUTHORIZATION OF MAP RELEASE TO TITLE CO TO Christine Cleary Deputy City Clerk FROM Bruce Crosby Civil Engineer Assistant DATE December 31 1996 TRACT NO 14357 TITLE CO First American Title Insurance Co 114 E 5th St Santa Ana, Ca 92660 PHONE NO (714) 558-3211 TITLE OFFICER Ronald J Gomez I hereby certify that all Public Works fees bonds agreements and insurance requirements have been complied with Bruce P 0rosby 23052 1 1 I I I I