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HomeMy WebLinkAboutFINAL TRACT MAP 14332 The Villas at Huntington Beach Par CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 25, 1991 Concord Development 19752 MacArthur Irvine, CA 92715 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Tuesday, January 22, 1991 , approved the Subdivision Agreement for Tract No. 14332 . We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) r'' I3C;ti I) 2144285 PRFMIUM $1,456.00/ 2 yrs EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State A CALIFORNIA GENERAL of California, and THE VILLAS AT HUNTINGTON BEACH ASSOCIATES, PARTNERSHIP (hereinafter designated as "Principal") have: entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project TRACT #14332 is hereby_referred to and made a part hereof; and Y, HF_R_T t%S, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and DEVELOPERS INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of ONE HUNDRED FOUR THOUSAND & N0/100 dollars ( 104,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or asaigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to T 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. APPROVED AS TO VOWS �I r.AIL RUTTON R4EY Q EITY 1trT0 —_ L� •: yy� 1 Faithful Performance Bond Page,2 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, DECEMBER 27 19 90 THE VILLAS AT HUNTINGTON BEACH ASSOCIATES,. A • CALIFORNIA GENERAL PARTNERSHIP as Principal �z BY: K & M VENTURES, A CALEFORNIA. z TNER: ByI: CHARLES IAMOND, PRESIDENT J. OND, .StCRETARY BY: CONCORDE DEVELOPMENT, A I I PARTNERSHIP, G P BY: FERRARI INVESTMENTS, CO RATION, ♦ By SIDENT DENN , CRETARY DEVELOPERS INSURANCE COMPANY as Surety SHELLEY E. OITH ATTORNEY-IN-FACT J By v BOND NO. 214428S The Premium for this Bond is: $1,456.00/ 2 yrs CORPORATION D i STATE OF CALIFORNIA � COUNTY OF ORANGE SS. On DECEMBER 27, 1990 before me,the undersigned,a Notary Public in and for said State, E w' personally appeared SHELLEY E. SMITH personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company,the corporation therein named,and acknowledged to me that the corporation executed it. •►` °'p„ g p , � � OFFICIAL SEAL L. WARD WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Apr. 16, 1993 Signature DIC 304(REV.2/85) This area for Official Notarial Sent r , 5;'TWFr-- Of--- CALIFOOTA • 0 U I\1T J' 01' 0 R A N G F-' On before rnl-�2 d for q:c( a Notary Public, in Ln,,d for c:1-11( anc! personally appeared d the President an(! the C., Hic corporation that executed the within insti-virnent, pur!-Ai,-Lnt to its resolution of its Board of Directors. "EA, 0, OFFICIAL SEAL Ma No A Loar o NOTARY PUBLIC-CAUFORNIA PRINCIPAL OFFICE IN My C ORANGE COUNTY c u 1-1-11))1 !i S u 1) Ommission Expires May 21. 1991 STATT-] OF CALIFORNIA ss COUNTY O.F ORANGE On 9� before me a Notary Public, in and for said Cc)un.y and State personally appeared 67 aild lmowrl to Inc to the —President and the S)c c r c t.t ry of tht-t corporation that executed the within instrurnent; pursuant to its by-laws or a resolution of its Board of Directors. 'EAUAU SE 0, 'EAU lr -t r y OFFICIAL SEAL ta Public MarY A o NOTARY PUBLIC-Loar LIC-CALIFORNIA PRINCIPAL OFFICE IN Currt lip l !islun MY COMMIORAN E COUNTY ssion Expires May 21, 199, BOND NUMBER 214428S EXECUTED IN DUPLICATE PR24TUM INCL. IN PERFORMANCE BOND I LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of THE VILLAS AT HUNTINGTON BEACH,ASSOCIATES, A California, and CALIFORNIA GENERAL PARTNERSHIP (hereinafter designated- as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project TRACT #14332 is hereby referred to and made a part hereof; and I 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 con- tractors, subconttactors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the sum of FIFTY-TWO THOUSAND & NO/100 dollars ( $52,000.00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any ;md all porsnns, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of i • Labor and Material A Page 2 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 speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on DECEMBER 27 1990 THE VILLAS AT HUNTINGTON BEACH ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP as Principal . BY: K & M VENTURES, INC. A CALIFORNIA CORPORATION, GENERAL PARTNER BY: MARLES J OND, PRESIDENT CHARLES J IAMOND, SECRETARY BY: CONCORDE D MEN IFO A LIMITED PARTERSH BY: FERRARI INVESTMENTS., IA CORPORATION, 'F� By: - S GAGE, IDENT D E ARY DEVELOPERS INSURANCE COMPANY , as Surety By. SH LLEY E. ITH ATTORNEY-IN-FACT By: [�'0. (00 APPROVED BY CITY COUNCIL RE� FOR CITY COUNCIA ION ,'- -L- - � .�_E , 6 AM C TY C ERK Date January 22, 1991 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat Prepared by: Michael Adams, Director, Community Development,► Y Subject: FINAL TRACT MAP 14332, BEING ALL OF TENTATIVE TRACT NO. 14332, AND BONDS AND AGREEMENTS FOR TRACT 14332 Consistent with Council Policy? [kf Yes ( ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The final map of Tract No. 14332 being all of Tentative Tract No. 14332, located on the south side of Atlanta Avenue approximately 160 feet west of Lochlea Lane, has been submitted to the City Council for approval . Tentative Tract No. 14332 will expire on September 20, 1992 . RECOMMENDATION• I 1 . Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2 . Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 3 . Accept the offer of dedication and improvements subject to completion of requirements shown. 4 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a . A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A certificate of Insurance shall be submitted; C. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. I I/ No 5/85 e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map. f . The Park and Recreation fees shall be paid in an amount equal to the in-lieu fees prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer . It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider. a . Faithful Performance Bond No . 214428S b. Labor and Material Bond No . 214428S c. Monument Bond No. 2144295 ANALYSIS: Tl SUBDIVIDER: Concorde Development 19752 MacArthur Irvine, CA 92715 ENGINEER: Robert W. Ashcraft RCE NO. 33747 LOCATION: South side of Atlanta Avenue, approximately 160 feet west of Lochlea Lane ACREAGE: 1 . 990 gross acres LOTS: 1 NO. OF UNITS: 42 ZONE: R3-FP2 (Medium-High Density Residential-Floodplain) GENERAL PLAN: High Density Residential DISCUSSION: The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. RCA - 1/22/91 -2- (8360d) ENVIRONMENTAL STATUS: On September 5, 1990, the Planning Commission approved Negative Declaration No . 90-21 for the project itself . FUNDING SOURCE• Not applicable. ATTACHMENTS. 1. Area map 2 . Subdivision Agreement 3 . 1 Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MA:WC: lp RCA - 1/22/91 -3- (8360d) R CF-E ERN CR R I salefR u RI 7r RI RI RI :^ R I HERON CR IERaaro C R RI ; '- t CRANE CR :'.!"4L 4.., TCR —-RI R I KINGFISHER R I i Ca 8 RI o —_ ' 1`. , R I ; R( 'rs _.a �` .0 x J s,;. , np .... CAL[ FEET I <R R s CR. Imo, R I :Q I� -.,, :«cFA;.,;::'-` R I k RI• RI $ RI RI' R�:` t:. I RI XAMRD <R ALxARaDO _. ". J = RI F R I LVErtR oR R2-PD �.- .'�R I 9] T :K RI RI R, OqJ RI RI ' RI R� • R I ATLANTA ' -0 R3 I R3 _ - RI 5 5 3 RI RI RI '� "•nn•°9pb R3 ...„ '-' R 3- R IN CR a R3 �;'� J R3 R3 �R3 J R3 T. RI g RI a w �..4 R 1; R 1 O m ' 4 ..,s•..ntw._:4' `tura„''° c R I R 1 Z " 1 �i''nu.o .$.. R 2....... oa� R I sa Y RI DR ail i TTERFIELo RF' R2 °-la R3 R3 ` ux.•o.•a �'RZ 1 RI R ro.u., oR R3 aE DR. on.RI R iR2—:0 I RI te.RLEm,e a ' C4 R3 m:--3 -'P"�..1 - RI CF-E ARULCR RI I, R2 = RI RI RI ... I� u RI R3 R3 . 1 RI H.. a� ; "�::• i;11 R2 ':O I 54tl1E RI RT R 3 R2, RII RI g R3 R3 � �� oC xwml snLxnl R.Li .' .c•a R3 p -R� - - -- R4-28' f R3 R3 :�I Y� �_ RI l R3-- :roM] 75, i:'i R3 iL..... �J — RI -- I RI RI CF v.. _.TILE:aR�,—' "'p-— - - - R I R I -R o RA -w R I s FT 14332 LJJ " HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION 4 FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 24, 1991 First American Title Insurance & Trust 114 E. 5th St. Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 14332 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, California 92648. Connie Brockway City Clerk CB:bt Enclosure Received by Dated 'Telephuire:71 Y-536-5227; 4 i h MARK H. HOOVER Assistant Vice President I+ Manager Subdivision Sales First American Tide Insurance Company 114 E.FIFTH ST. SANTA ANA.CA 92701 • (714)558-321 i (714)647-4446 FAX(7141 835-4813 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: ��� r FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. / / P RECREATION & PARK FEES PAID cJ 9� S 2Z OTHER n Michael C. Adams NOTICE OF C� )LETION WITH CONDITIONS ON ;ACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO': CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT I Bruce Crosby TRACT NO . 13 DEVELOPER 1� 1 CONDITIONS : 1 Deposit of fees for water , sewer, . . . l drainage , engineering and inspection Bond for Improvement . . . . . . . . . . X/0 I Signature of Agreement . . . . . . . . . Certificate of Insurance Band for Mo,nr. ments . . . . . . . . . . . I.,10or- P'I,r i <,r i a I IZond . . . . . . . . . t) Iher i igna e 1 CORPORATION STATE OF CALIFORNIA COUNTY OF ORANGE s. DECEMBER 27 1990 On � ,before me,the undersigned,a Notary Public in and for said State, cc SHELLEY E. SMITH personally appeared ' "Z ' personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- �� in-Fact on behalf of Developers Insurance Company,the corporation therein i OFFICIA:AR �YY�YI. F named,and acknowledged to me that the corporation executed it. L, W NOTARY PUBLIIAWITNESS my hand and official seal, �'� PRINCIPALORANGEMy Commission E1993 Signature DIC 304(REV.2/85) 73tis areafor Official Notarial Seal , . `:TATr, Oh CAI_II:- iA ) ss COUI`►TY O].' ORANCE ) On _ 19 _, before m a Notary Public, in and for said Coun.y and personally appeared aLLt�z ` known to Inc f the President and the Secretary o! the c.urporation that executed the within instrument; pursuant to its by-laws or :L resolution of its Buard of Directors. N .try Public y OF OFFICIAL SEAL R` , .... Mary A. Loar NOTARY PUBLIC CALIFORNIA 1V1" Cur,,)�1 i �;s i u n �r :)�i r s a a ° PRINCIPAL OFFICE IN �,�•« � ORANGE COUNTY M, Commission Expires iviay 21. 1991 STATE OF CALIFORNIA ) ss COUNTY OF ORANCE ) On 19'� , before m Q a Notary Public, in and for said County and State, personally appeared "Ild known to ► V to I.)V 61 the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of I.)ircctors. ,•P� Oe ► ;s tip OFFICIAL SEAL o-" = Mary A. Loar °•� ;o NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN )VI y Con-,► )i s s i u n < :•:I'�i t ORANGE COUNTY oaN MY Commission Expires May 21. 1991 / • copy MONUMENT BOND Bond $ 214429S EXECUTED IN DUPLICATE Premium $50.00 KNOW ALL MEN BY THESE PRESENTS: CALIFORNIA GENERAL That THE VILLAS AT HUNTINGTON BEACH ASSOCIATES, A PARTNERSHIP , as subdivider of Tract No. 14332 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 certifi- cate: A CALIFORNIA That said THE VILLAS AT HUNTINGTON BEACH ASSOCIATES,GENERAL PARTNERSHIP , (Subdivider) as principal, and DEVELOPERS 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 $ 1,080.00 , 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 27TH day of DECEMBER 19 90 THE VILLAS AT HUNTINGTON BEACH ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP as Princi at BY: K & M VENILIES, A CALIFCRUA. Rk=, GNRPL PATRIER p�Z ' `iPRESICENr BY: QI T7EiFYC7rMFnTr, A \LIMPED rZRAL PAKII BY• FER ARI IlV�l BDENIS, A G I.IFCENMQV, C�?AL PATD2 BY• DEVELOPERS RANGE COMPANY , as Surety 104 By: By: ATTORNEY-IN---PACT r STATr- OF CALIFOIRIA ('OUNT Y OF ORANCE On before me a Notary Public, in and for said Coun.y and 1-a t personally appeared known to Inc 1u the President and the C, e c. r v tar tlry of the corporation that executed the within instrurncnt: pup;cant to its by-laves oy- resolution of its Board of Directors. AL OFFICIAL SEAL N�. ry , I Public Ma A. Lo ar NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY N1 y C orr,m i s s i u n i r s- My Commission Expires May 21, 1991 _ . _ __a1._1_. STATE OF CALIFORNIA Ss COUNTY Or ORANGE 0 � before me a Notary Public, in and for sa(cl Coun'*y and State. r- personally appeared . and known to inn to lj(-. the —President and the Secretary of the corporation that executed the within instrument: pursuant to its by-law-, or a resolution of its Board of Directors. SCOAIL Or OFFICIAL SEAL t, y Sub ric Mary A. Loar o NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Currim i !i s i U11 1 1"'S MY Commission Expires May 21, 1991 CORPORATION STATE OF CALIFORNIA COUNTY OF ORANGE SS. On DECEMBER 27, 1990 before me,the undersigned,a Notary Public in and for said State. W a., personally appeared SHELLEY E. SMITH _ personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as Attorney-in-Fact on behalf of Developers Insurance Company,the corporation therein G • + OFFICIAL SEAL l, named,and acknowledged to me that the corporation executed it. +. L. WARD WI' MESS my hand and official seal, NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Apr. 16, 1993 Signature DIC 304(REV.2185) This area for Official Notarial Seal • POWER OF ATTORNEY OF IND LAITY COMPANY OF CALIFORS N° 059953 AND DEVELOPERS INSURANCE COMPANY • P.O.BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471 N01 ICE: 1. All Power and authority heroin granted shall in any event terminate on the 31st day of December, 1990. ^_. This Pow,:r rf Anurnt;y is void if altered or if any portion is orased. 3 This Power nl Attorney is void unIUS the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Po..vor of Attorney should not bo returned to the Altorney(s)-in-Fact,but sho,dd remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint SHELLEY E. SMITH the true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Altorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank doposilory bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial Institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: 11ESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the aI(orney(s)named in the Powers of All orney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- lant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; IIESOLV ED,FURTI-IER,that the signatures of such officers may bo affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate boaring such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the futurewith respect to any bond,undertaking or contractof suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Ely By Gerald A.Sauvageau,Pre Went opA III y Gerald A.Sauvageau,President \NSUq Oi 0,,, PS FOR 4'I' �OtOpPOR � ,tl n yr"Opp t�^ = e off- boa z OCT.a _ -+ MAR.27, p ATTEST r ATTEST m 19C7 0 > 1979 2 By------ --- /wl/z✓r By Harry .Crowell,Secretary Her .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990, before me, the undersigned,a Notary Public in and for said State,personally appeared Gerald A.Sauvageau and Harry C.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. OFFICIAL SEAL q�,,,,� yLr may,.let- � �•; VIRGINIA M. LOUMAN Signature __—/_____ , � NOTARY PUBLIC-CALIFORNIA / Notary Public "�� o° PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Apr.9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim,California,this—2.7_THfay of—DECEMBER , 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �,P�-My \NSUq Pa —---- `- / 7 l W+`p1 TByw a WAR.TO92R T- ,OCT By L.C.F(b 1 t \� a L.C.Fiebiger v' n Senior Vice President Senior Vice President SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE VILLAS AT HUNTINGTON BEACH PARTNERSHIP OR TRACT NO. 14332 THIS AGREEMENT is entered into this 22nd day of January_ 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and THE VILLAS OF HUNTINGTON BEACH PARTNERSHIP, 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. 14332; 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 two (2) years 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 Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows : 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 two (2) years following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Four Thousand Dollars, ($104 , 000 . 00) as prescribed by HBOC Section 9970, 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 SUBDIVIDER'S 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. 6 . WORKERS' COMPENSATION INSURANCE Pursuant to California 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 covenants 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. SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional I Insureds . SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. 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 Section 5 of this 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 . 9 . ATTORNEYS' FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed REST OF PAGE NOT USED by the court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: THE VILLAS AT HUNTINGTON BEACH PARTNERSHIP, a California General partnership By: K&M Ventures, Inc. , a California corporation, General Pa tner / By C harles J. ath Pres 'dent By 7 harles J iamond, Secretary By: Concorde Development, a California limited partnership, General Partner By: aS s, a California corporation sident retary CITY OF HUNTINGTON BEACH: ATTEST: mun ' pal corporation`="' to e o Califo is City Clerk f EWED AND APPROVED: APPROVED AS TO FORM: s � ` 4-le ity Administrator City Attorney �/22 7-70 IN' I D �VED: Directo of Public Works al PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this _ 7d day of /! , in the year /f before me, the undersi ed 1Wtargugic ' n and for said State, personally appeared personally known to me (or proved to me 6n the basis of s• ory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal . SF,P Os r OFFICIAL SEAL Mary A. Loar o NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires May 21. 1991 PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this day of in the year before me, the undersi ned ota ubli in nd for said State, personally appeared Sze, _ >- �p091 ,*J - personally known to me (or proved to me on e basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it . WITNESS my hand and official seal . OFFICIAL SEAL rylaty A. '.oar NOTARY PuE!!GCAL!FORNiA PF!M'!PAL OFFIC; IN ORANGE COONiY 'Ay Comm ssren Expires May 21, 1991 PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this day of in the year , before me, the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it . WITNESS my hand and official seal . PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this day of , in the year , before me, the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal . SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE VILLAS AT HUNTINGTON BEACH PARTNERSHIP OR TRACT NO. 14332 THIS AGREEMENT is entered into this day of , 19_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and THE VILLAS OF HUNTINGTON BEACH PARTNERSHIP, 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 . 14332 ; 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 two (2) years following completion and acceptance thereof against any defect in . work or labor done, or defective materials furnished, as required 11 by Sections 66499 and 66499 . 3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows : 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 11 • 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 two (2) years following the date of City Council acceptance of same . 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Four Thousand Dollars, ($104 , 000 . 00) as prescribed by HBOC Section 9970 , 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 00, I. J+ _ injury to SUBDIVIDER' S 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. 6 . WORKERS ' COMPENSATION INSURANCE Pursuant to California 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 covenants 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 . SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all • v subcontractors to waive subrogation. • 7 . INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder , general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work, contractual obligations , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional • Insureds . SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1, 000 , 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject Q A to approval of the City Attorney evidencing the foregoing Y ', V i insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. 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 Section 5 of this 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 . 9 . ATTORNEYS ' FEES In the event suit is brought by CITY to enforce the terms and provisions of this an agreement or in g y bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed 0 REST OF PAGE NOT USED by the court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: THE VILLAS AT HUNTINGTON BEACH PARTNERSHIP, a California General partnership By: K&M Ventures , Inc . , a California corporation, General Pa trier / By Xl harles J. a Pres * dent By Aharles J iamond, Secretary By: Concorde Development, a California limited partnership, General Partner i By: �rrari Investments , a California corporation ! Comer artner By --Ga�e;- resident -G_cf Secretary CITY OF HUNTINGTON BEACH: ATTEST: a municipal corporation State of California City Clerk Mayor RF_V-ZEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney INITIATED AND APPROVED: Director of Public Works Yam• V PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this — 1_,a.(J day of x, in the year /;�'`- , before me, the undersi.igred N tar Pub'Iic)n a d for said State personally appeared personally known to me (or proved to me do the basis of s t`i ory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it . WITNESS my hand and official seal . 10, OFFICIAL SEAL oo Mary A. Loar . : NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ( ` .. „•► ORANGE COUNTY My Commission Expires May 21. l991 PARTNERSHIP ACKNOWLEDGEMENT State of California ) County of Orange ) ss . On this 7 day of` , in the year , before me, the undersigned �otax ublic in pnd for said State, personally appeared /�-li,/ l _,G'e4 personally known to me (or proved to me on Otebasis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it . WITNESS my hand and official seal . OFFIC!AL SEAL / --torn Ni;TAi?YP-!:1 nRNfA 11 f:_.• ORANGE COUNTY y Comr�„c;cn Cxpues May 21, 1991 JAN 09 '91 10:24 .JAMES ECONN Ste. CO. P.3 idISSUE DATE(MMIDDIYY) /30/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THS CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL'f@R THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A CQtCellallle Te�s� sma CoI pmy WSU2 ED LETTERNY RmIltintalk e"4 As"Ciatess dt lkl COMPAf COMPANY C 19752 �iasaircbl�:� Bied., rite 240 ---------------- �__.-_ 1"II>'�>fTfw>B� C1► 02715 COMPANY D LETTER CCMPAN'' LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY >. OE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONE, TIOYS OF SUCH POLICIES. CC TYPE OF INSURANCE POLICY NUMBER POLICY EFKC'IVE POLICY EXPIRATION LIABILITY LIMITS IN THOU* - c": :. LTfl DATE IMMIDD,'YY? DATE(MMIDDW ,rt 't•p ;l gEtiCE. �ktk i CafiNfiRAL LIABILITY Cr;..,PENe^A:V ral� t 9W 3W93 r uR' 't#• is ( FYP..i:,Jl ":. •:.�ar:: HAZARD ! �— }�*!r'z1 PRC u�"SfCOMFLETED OPERATIONS I� .... � .s f CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE 1 j ` PERSONAL NJURY o •; �'jT # "'I�`^40INi` LIABILITY IIr,�j, L • i ALL OWNI-0 AUTOS(PRIV. PASS.) r,LL OTt�R THAN11 Ik71AtY Owt�EO aUT05 i PRI PASS 1 (vEa Aomhr, AUTOS I<iITTTOM PROPERTY ' iN•OV;'NED AUTOS i DAMAGE $ _A"IAC;t LIANLlrr • '�� y; COM19INED $ L EXCESS LIABIUTY U,MaRELLA FORM y i f 51 80MBINED $ $ OTHER THAN UMBRELLA FORM rn.TUTORY WORKERS'COMPENSATION -- AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY i $ (DISEASE-POLICY LIMIT) i I $ (OISEASE•EACH EMPLOYEE) OTHER I II i D CRIPTI OP% TIONS/ ATIONSNE LES/ F'EOIAL ITE S it, M A ALLO M�aa t ton iMaCh, CA Sae ites 03 of att *d eu&r mz -13 for the eddittowa 1%owed prorisies6 A t Ib da is for am at of rmi. SHOW-D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE city of swtuaton beach PIR .ATION DATE THEREOF, THE ISSUING COMPANY WILL � Kain itx �lt MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE Hf'IntiI±,4, Loa Beach, CA 92648 AUTHORIZED REPRESE;NTA•VE I - JRN 09 '91 10:E9 JAMES ECONN & CO. F.2 �t� ita CERTIFICATE INSURANCE ISSUE DATE(MM/OD/YY) l I/30190 ................. . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEAS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, JAMS A ,VMPJRA"M EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW AW4*Lft CAWM COMPANIES AFFORDING COVERAGE LETTERNY A CMp4fts&tton IA£1lt AlEC� + �Ay CODE BUB-CODE ...... _ .... ... COMPANY INS URfiD LETTER B Colatorda O+w�lopumt (Pxrtser) .. .. ... . 1[ 1Xolatur4s, Int., a w1fo=iA COMPANY C co:po►rotlou (ponvar) L ER DD&: Tb* Vill" &t *=tlagi*4 86&Ch COMPANY LETTER D /IaaglCfaC�Y 9732 Ktrr',Rx'Cb*Y B]LT►ds, 0240 COMPANY E 1LV�C CA 92713 LETTER 0011AA0ES.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPG OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: ALL LIMITS IN TH u9A= LTR: DATE(.MMlDDlYvy DATE(MMIDDIVY) `. GENERAL LIABILITY GENERAL AGGREGATE ffi COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OPS AGGREGATE'. 6 CLAIMS MADE OCCUR, PERSONAL G ADVERT18ING INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE 9 FIRE DAMAGE(Any ona firs.) 6 MEDICAL EXPENOC(Any ono Person} S AUTOMOBILE LIABILITY COMBINED ANY AUTO APPROVED AS TO FORM: SINGLE $ ......... LIMIT ... GAIL HUTTON i ALL OWNED AUTOS BODILY 3 CIT A INJURY 6 SCHEDULED AUTOS (Per person) HIRED AUTOS $y; BODILY NON-OWNED AUTOS Zeputy City Atto ey P; ccldent) I, GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH AGGREGATE OCCURRENCE ffi >p OTHER THAN UMBRELLA FORM WORKSR g COMPENSATION STA uT v AND W111190" 61-01 8/15/91 S I► (EACH ACCIDENT) GPLOYCRb'LIABILITY M .(DISEASE-POLICY LIMIT) S �,WV (DISEASE-EACH EMPLOYEE OTHER ' I DEKrTIDbWEjj!aaAj6Vjg Cj E QE RL(TO .. .. . .. .. .,............... .._ .,Pt.. I�..+��.. .. Or....l�_�;�!Ifi.:..p.�,,jl>rlletitlM..: , "CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of amcluaton ch EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 200 mizin sCrost MAIL *DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Umtington lk *Cl1, CA 926" LEFT, NMI �AUTHO 12ED pEPAiSENTATIVE^-^•_�,.'....•.....,..�.-_.._.,._ ...,..—.,.�_..,�,..-,.� JAMS 940" a Coll ._ ACOFID 45-Q.L$1�8).... VACORD CQRPORATION 1 D88 TRAFV (C' (:0L NAMED: INSWI-I'ED AND 170 E . ITTH E I 10 COSTA ME-;_rAs lWiANVA7 CA. 21T F.,(K.J(::y NO, i '70 CBA Q f,'i 4 8 19 TkR'M-'. Q/.-;/0).P,4(a I N C.E-.'P T I C)N EXPIRATION YEAl PRODUCER'S CODI"..- I PRODUCER 'S. NAM12'." AMERICAN INS. AGL-NCVt M". THIS ENDOR9EMENT FORMS A PART Ur-' THE POLICY NUMDFf'd. D AF.-',QVE-.i Vy 111c HARTFORD FIRE INSURANCE COMPANY, ANb TAKIF-F!", EF'F,-f-:'(.T AS 0V THE EFUECTYW I?A'li--' Sl ATED HF-Ml-, IN. E-S-V-*E.CTlVf.-.' DATE.- if/Q;l'V90 ENDT . NO. IN CON-SMERATION LIP No CHANGE IN PRLMIUM* ).T 1 AUINEED THAT; SECTIONS I AND II SUILVINGi PUS IMESS fl-.RSONA.I. PROPERTY AND (J.'fMPRE--'HENf-JVr--' LlAVJL.) lV COVERAGES ARE REVM-,[---P AS FULI-OW31 ADDITIONAL INSMED 1 ; ADDED THU- FOL.LOWIN(i ARE ADD1110NAL lNSlJFNf-:DS, FOR ('0PlPREH[:NSlill. LJA) 3 l l 't *,- COVERAGE. I THIS POL.)CY. LC)CATION I P-111-DIN(i I Af-L OTHER; SE.E FORM 6--ZL; 4 0 FORM NUM))ENS Cil- ENlK3RSF.'MEt%ffS Al)Dll--:,*D TO THT POL.JcY Al ENDORSEMENT ISSOE., 6-2240 -S)r', ADDITIONAL INSUREP APPl!!-)"qED AS TO FORM: GAIL HUTTON CITY ATT iE By: Deputy City Atto PRO RATA FACTOR". NOTHING HEkEIN CONTA)NED SMAL,L BE MEJ--D TO VArv-, WAM-'i ALTE'Ri 1:$R ANY OF 7HE TERMi CONDITIONSi AGREEMENI-Si OR PVCLAItATWNS OF 1111C Flf.XICY QTliEfi THAN Sl"4'tTF)3 HlAiE'lN, )"HIS E'ND)7-Ft:--SMENl SHAL.L. Nl.-�T P'17 BINDIN(i C-OUNWR-SWNED F)Y A M-Y AL11HORIZED AGENT 01" IHF:-' COMPANY. (:OUNI ERS)GNED BY AU-Mr.irr:) ZED AGM-N-t VC?11,11 S'P-fl- IT PR)NVIED ):N U-S.A� VA(ir- P F. ADDITIONAL INSURED THIS ENDORSEMENT FORMS A PART OF POLICY NO, 72 SPh C:04,'31 a I S 11E ) BY THE HARTFORD INSURANCE GRUJP COMPANY DES I GNATF::t) TES:RE f N s AND TAKE,-4 EFFE.-CT tw3 THE EF E CT I VE DATE: 017' SAID POLICY UNs_ESS A)-40THr—R EFFECTIVE VA IT.' IS STA`t`F 0 HEREIN. C I TY OF HUNT I N.6TON BEACH Al"fNa RISK' MGMT DZVIS1ON Z(.X)O MAIN STRE17T HUNT INGTON 6E ACH i CA 'ftZ 4�: i . I NO Cf,' PRIN`!'1t.1? IN 1i/C3�.1�y%t 72. SBA: C04617 °.Dart?1!`.•'h) rl POWER OF ATTORNEY OF I*NITY COMPANY OF CALIFO N2 059954 *AND�EVELOPERS INSURANCE COM Y - P.O.BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471 NOTICE: - 1. All power and authority herein granted shall in any event terminate on the 31st day of December, 1990; 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue Ink and this notice Is In red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint SHELLEY E. SMITH the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By /C , By Gerald A.Sauvageau,Pre ident MPAMy Gerald A.Sauvageau,President kNsuq AO4OLP 0 R4l O O �,Q-50pP 0 R,�l~� �O� `?O i OCT.a C - MAR.21. p ATTEST 1967 o ATTEST i IBTB i Ail (/FOPp�,��� - On7//FO RN' Td By L BY Harry 9.Crowell,Secretary Harry .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990,before me,the undersigned,a Notary Public in and for said State,personally appeared Gerald A.Sauvageau and Harry C.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. ��� //// •��°�� ��� OFFICIAL SEAL Signature v` I' A#- ; NOTARY PUBLICM. -LOCI CALIFORNIA Notary Public '"� C PRINCIPAL OFFICE IN �I ORANGE COUNTY My Commission Exp.Apr.9, 1993 , CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim,California,this 2 NTH day of DECEMBER 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY PANy kNSUq �O`opP OR4l 0 4Q-4QvLMY fl /l)' c^ by '//!� -//' � ?` OCT S. By '(�`` W MAR.27, o L.C.Fiebiger d n' 1861 `' a L.C.Fiebiger o I978 ' Senior Vice President �i QFOS ��� Senior Vice President o ��/FORA\ ID-310 REV.12/89