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FINAL TRACT MAP 13559 (NC 2/19/91) Destiny 1 Partnership
. REQUEST FOR CITY COUNCIL ACTION "Y11&"` -D Pt,J April 6, 1992 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator GP APPROVED BY CITY COUNCIL Prepared by: v'"�Louis F. Sandoval, Director of Public Works .� 19�� Subject: GUARANTEE & WARRANTY BOND — TRACT 13559 _ CIT CLE Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: fit/ STATEMENT OF ISSUE: One year has elapsed since the acceptance of improvements for Tract No. 13559. The Subdivider is requesting release of the Guarantee and Warranty Bond posted for this project. RECOMMENDATION: 1. Release Guarantee and Warranty Bond NO. 1232449 2. Instruct the City Clerk to notify the Developer and the City Treasurer of this action. ANALYSIS- Subdivider: Destiny I, 13001 Seal Beach Blvd., Suite 300, Seal Beach, CA 90740 Engineer: R.M.G. Engineering (Keith Companies) Location: Northeast Corner of Pacific Coast Highway and Sixteenth Street Lots: 1 Acreage: 0.872 Acres Zone: Downtown Specific Plan, District No. 2 This Tract has been constructed in substantial conformance with the plans and specifications on file in the Department of Public Works. Public improvements constructed for this project were accepted by the City Council on February 19, 1991. A one year Guarantee and Warranty Bond was posted by the Subdivider in accordance with Government Code Section 66499.3 (d). A final inspection has been conducted and there is no apparent deficiency in the public improvements constructed for this project. FUNDING SOURCE: None ALTERNATIVE ACTION: N/A ATTACHMENT Section District Map MTU:LFS:BPC:gd 3194g/3 Plo 5/85 \ r l REQUEST FOR CITY COUNCIL ACTION i_ yY� dto 71P� Date April 2, 1990 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator��— Prepared by: Louis F. Sandoval, Director of Public Works APPROVED BY CITY COUNCIL Subject: BONDS - TRACT NO. 13559 1920 CI Y c RK Consistent with Council Policy? [XI Yes [ ] New Policy or Exception- Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Destiny I Partnership has purchased Vista Catalina Subdivision, Tract No. 13559, from Southridge Homes. Destiny I will be replacing Southridge Homes' Bonds and Subdivision Agreement with their own. Section 66499 of the Subdivision Map Act requests the local agency to approve the bonds. RECOMMENDATION: It is recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasure. 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 Destiny I. Labor and Material Bond No. 1202831 =' Monument Bond No. 1202870 Faithful Performance Bond No. 1202831 Park and Recreation Fee Surety Bond No. 1202846CD for N _Y ;�O It is also recommended that the City Council release Ursino Development/Southridge =; Homes' Bonds o Labor and Material Bond No. 3SM 717 37800 Monument Bond No. 3SM 717 37700 Faithful Performance Bond No. 3SM 717 37800 Park and Recreation Fee Surety Bond No. 3SM 717 960 0 and instruct the City Clerk to notify Ursino Development and the City Treasurer to notify the bonding company of this action. 1 PI O 5/85 Request for City Council Action Bonds — Tract No. 13559 April 2, 1990 Page 2 ANALYSIS: Subdivider: Destiny I, 13001 Seal Beach Blvd., Suite 300, Seal Beach, CA 90740 Engineer: R.M.G. Engineering Inc. Location: Northeast corner of Pacific Coast Highway and Sixteenth Street Acreage: 0.872 acres Lots: 1 No. of Units: 32 Zone: Downtown Specific Plan, District No. 2 ATTACHMENTS: Sectional District Map LFS:AB:lw 2372g 6 d SECTIONAL DISTRICT MAP 10-6-11 V CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 3 10 1 Zay� PIVOJ 67 C—T L,o CAT ION "V ti \ j cl PF`i-MIUM CHARGED Premium: $1, 063 . 00 CAN ANNUAL BASIS Bond no: 1202846 Power no.. E06438 SUBDIVISION SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, Destiny I, A California General Partnership, as Principal, and Amwest Surety Insurance Company, a corporation and duly licensed to transact a general surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called "the City" ) in the sum of fifty-three thousand, one hundred seventy-three and no/100s dollars ($53,173.00) , lawful money of the United States, to be paid to the City, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that: WHEREAS, the Principal is the "subdivider" of Tract #13559, as such term is used in the City Code of the City of Huntington Beach; and Principal is required. by the City Code of the City of Huntington Beach to deposit and pay a fee in the amount of fifty-three thousand, one hundred seventy-three and no/100s dollars ($53,173.00) in lieu of the dedication of land for park and recreation purposes prior to the City' s approval of the final tract map for Tract #13559 ; and Principal has requested deferral of the time to pay such fees for a period of sixty ( 60 ) calendar days following the date of recordation of the final tract map for Tract #13559 . NOW, THEREFORE, if Principal shall pay such Park and Recreation Fees in the amount set forth above within a period of sixty ( 60 ) calendar days following the date of recordation of the final tract map for Tract #13559, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, this bond is duly executed by the Principal and Surety named herein, on March 2 1990. Destiny I, A California General Partnership SEAL AND NOTARIAL N P ACKNOWLEDGEMENT OF PRINCIPAL By '•-� ( a and itle) 0 1 Seal Beach lvd. , #300 Se 1 Beac CA 9040 ( ailing a dress of Principal) Amwest Surety surance Company SEAL AND NOTARIAL S a ACKNOWLEDGEMENT OF By SURETY arcia D. Smith, Attorney-in-Fact 7755 Center Ave. , #520 Huntington Beach, CA 92647 (Mailing address of Surety) AMWEST SURETY-INSURANCE COMPANY VOID IF NOT USED BY: _ P.O. BOX. -.0' W 818 04- HILLS,CA 913654500 JANUARY�1, 1991 E06438 f - LIMITED POWER OF ATTORNEY No Power 16VAtt6mn y.6n this form • ° shelf ,to-as to bonds.under- 1202846 (READ CAREFULLY)aa takings, recognizances or other. ey as been 4i Q$�I ar To be used onI Written'obligations delivered in:con n ctionAttorney. with the ,yyin con unction with the�bond gations in the nature above bond number. speciWA fied hereinn i � , ems' .hereof executed on or after said expiration date. tx, - c} a Destiny I, = r. 7 '� fz � ' ' NAME OF PRINCIPAL: A CallfOrnia Gen@rd� P,aartnership'�,Yy7j rENAL SUM$/53 ;173.00 ImSl1 � t ins' ti10 xsN P?j NAME OF OBLIGEE: City:Of Hunt-1 iY OIl Bea RA APO ��.11.9Y2LMYt /�1�f.:'l..Yf.4s£l� wR�'�J'�.+1"L:.a"'�1"f{':•_}�- �:e��.�y1�.'?�^Rk�� tl'r` t�� r\f{'.'•i. _ �r� - /F - 1 �rt`is rr _ -#t � r't"S -�y?y1.{.-x'�K! � 4 a s�1' a - ota�+' s This Power of Attorney may not be used dIco�nlundioPtwilt' anyotther.powerof atto�mey�TYhls,Powerof Attorney Iswold if altered or,,erased Th document 'is printed on blue paper with black atfdiA redk.'.Thls�±powerof�etto�meyftiea d"seal of AMWEST SURETY INSURANCECOMPANY Only originals of this'Power of Attorney are valid.No;epresentettons grjrn an�Ies�regardi�g�this; er of Atto`rney.may bey maade�byuany?perso iotherthan an;uthorized Y. officer ofAMWEST SURETY INSURANCEGCOMPANY.an��ttiust be m venting Questions or mquines regarding this Power of Attorney musCbe addressed to AMWEST SURETY INSURANCE COMPANY at ttSe eddRNss amend te�ephoneknumber set forth at the top of thh',s,Powere Attorney Altenhon� Underwntmg Department.This Power of Atto n tialltike governed by the,la�ws of the Late ,_California.Any power<o`attRoroey used ir connedlon,with any-bond issued by AMWEST SURETY INSURANC rCOMPANY on'o attar ,February 21:1989 must be on Amwest Form UN Al 7i(REV 89)..All other previous poii r4Z of attorney forms issued gy MWESTrSURETY INSURANCE COMPAN :9h been revoked and are of no;further force orfeffed° L. z r,. t ; pnn:d,<rn..,n w. - u,.aaw+•a<e r. - - �rvsv rar o- "-f^'res - KNOW ALL MEN BY THESE�PRESEN ,;thai�AN 5 SURETY INSURANCE+COMPANY A CALIFORNIA CORPORATION?(thei"Company') does fierebyi make,constitute },r. �i.AT ' tsi 3 �,MARCIA D SMITH S EMPLOYE E OF ATe1ftSURyApNCE COMPANY its true and IawtuLAttomey(s)m Fact,^wtth limit poweKand!authority for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company there o if aseaf istre uiredbond°`s l nde�rtaki'ngFr"O" naances or other wr�ittenaoti.�iga�tlons�m ttienaiure th}�ereof,ae tollo s Bid�Bond C iti ot$250000,1,. , 11, Contraci�CourtWSubdlMict Bonds up to 5 000:, + ' ° Ws . SmalltBusmessAdmintst�rettouaranteed8on�ds up to$1,250,000, O License 8 Permit Bondsiu"�'ato,$100000`�°� a ati t S~1 e� I r z ck'�a�< Alzil t t ,) �'Nr '" 'j � E rend t}o�bl�ndk MWES�T SURETY INSURANCE�C.OMPANY.thereby.This appointment Is made under and by aulhority�ot the to11' ng:provisions of the By-Laws Al of thelComparry which %riow in�full for and eHea: a Article III,.Section 7 of the By-Caws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by ttie authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly-held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or-limited In the Instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds,undertakings,`recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fad or agent and revoke any.power of attorney previously granted to such person. RESOLVED FURTHER that any bond,undertaking;recognisance,or suretyship obligation.shall be valid and binding upon the Company (i)When signed by the president or any vice-president and attested and sealed(f a seal be required)by any.secretary or assistant secretary;or (ii)when signed by the president or any vice-president ar secretary or assistant secretary,and countersigned and sealed(if a seal be required) by a duly authorized•attorney in-fad or agent;or (iii)when duly executed and sealed(f a seal be,required)by one or more attorneys-in-fad or agents pursuant to and within the limits of the authority evidenced by.the power of attomey issued_by the Company to such person or persons. ' 'RESOLVED FURTHER that the'signature of any authorized ofrtcerand the seal of the Company may be affixed by facsimile to any power of attorney or.certificationithereof authorizing the execution and delivery of any undertaking,recognizance,or other suretyship obligations of the Company:;and-such'signature.'and seal when-soused shall have-the same force-and:effed as though manually affixed._- - - IN WITN6SS WHEREOF,AMWEST SURETY INSURANCE COMPANY has cause these presents to be`signed by Its proper officers;and its corporate, 7 December. 89 z seafto-be`he euntofafftxed,t4ts `day of 19 Gary R.Peterson,PreeWent ry —� - - - Karen G.Cohen.Secretary STATE OF.6`.LIFORNIA,�COUNTY OF LOS:ANGELES—' as On this' .7.'' day of Decernber .A.D.,'i9 n89 ;personally came before me` Gary R. Peterson ' and Karen G.'Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY,CALIFORNIA who executed the above instrument,and they each. acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the.said officers ot.the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority.of the board of directors of said corporation. OFTIAFICIAL sou F a (SEAL) �C,�iCiQ— opens M Notary Pubt,C STATE OF CALIFORNIA,COUNTY OF LOS ANGELES—ss CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY,a California corporation,DO 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 By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney,are now it force. Signed and sealed at Huntington Beach this 2nd day of March . 19 90 , - Kavn G Conen.Secretary.. UN-A,OG'IPEV L99i w.o.. .-AL.i PREMIUM! CHARGED MONUMENT BOND ON ANNUAL BASIS Bond 1202870 Premium $300-00 . Power #E06445 KNOW ALL MEN BY THESE PRESENTS: That Destiny I, A California General Partnership as subdivider of Tract No. 13559 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: That said Destiny I, A California General Partnership (Subdivider) as principal, and Amwest Surety 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 $ 2,000.00 , 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 2nd day of _ March 19 90 Destiny I, A Califor GewWal rtn ship as Principal By: By: Amwest Surety In rance Company , as Surety By: Marcia D. Smith, Attorney-in-Fact By: r SECTIONAL DISTRICT MAP 10-6-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 3 Z IA�"' Alo, 00" 102 .f FQ �2t� fNo PROJECT CATI a� R ' O CF4� 'ii STATEMENT OF THE ACTION OF THE CITY COUNCIL C*2)0- Council Chamber, City Hall Huntington Beach, California February 19, 1991 Ma or Green called the regular meeting of the City Council o the City of Huntington Beach to order at 7: 0 P.M. Present: Winchell, Silva, Green, Kelly, Robitaille, Moulton-Patterson Absent: MacAllister CONSENT CALENDAR - (ITEM APPROVED) On motion by Kelly, second Green, the following item was approved as recommended, byt the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: MacAllister ******************************************************************************************** NOTICE OF COMPLETION - TRACT NO. 13559 - DESTINY I - Accepted improvements dedicated for public use in Tract No. 13559 located at the northeast corner of Pacific Coast Highway and Sixteenth Street, released the Faithful Performance and Monument Bond, accepted the Guarantee and Warranty Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. *****�e**tr*****x**at**z**x**i„tirx**�r**r*****irir*x*#x�t*xirir#irlr#*�Fx*#x�t err*,trr it*:�t#ic irirx it*xir�t xk*x�t�t Mayor Green adjourned the regular meeting of the City Council of the City of Huntington Beach at to February 25, 1991 at 7.00 P.M. in The Council Chambers ATTEST: Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City Connie Brockway of Huntington beach, California City Clerk STATE OF CALIFORNIA ) —County of of Orange ) City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 19th day of February , 1991. WITNESS my hand and seal of the said City of Huntington Beach this the 20th day 'of February 19 91 Connie Brockway, CMC City Clerk and ex-of icio Clerk of the City Council of the City of Huntington Beach, Ca�lifornia B Y`y(')a " nl. �.Gc�Ge�- .Ex Deputy 12178 t .. REQUEST FOR CITY COUNCIL ACTION /- Y-') Date February 19, 1991 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratortirV Prepared by: Louis F. Sandoval, Director of Public Works APPROVBD BY CITY COUNCIL Subject: NOTICE OF COMPLETION TRACT 13559 14 19V C Y C ERK Consistent with Council Policy? [ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Destiny I Partnership has completed all street improvements for Tract 13559 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: 1. Accept the improvements dedicated for public use. ; 2. Release the Faithful Performance Bond No. 1202821. 3. Release the Monument Bond No. 1202870. 4. Accept guarantee and warranty bond number 1232449. 5. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: DESTINY I, 13001 Seal Beach Blvd., Suite 300, Seal Beach, CA 90740 Engineer: R.M.G. Engineering (Keith Companies) Location: Northeast Corner of Pacific Coast Highway and Sixteenth Street Lots: 1 Acreage: 0.872 Acres Zone: Downtown Specific Plan, District No. 2 ATTACHMENTS: Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. MTU:LFS:ASB:dw 2776g/11 I ' P10 5/85 3♦ 1 r m SECTIONAL DISTRICT MAP 10-6-11 CITY OF HUNTINGTON BEACH AL ORANGE COUNTY, CALIFO.RNIA USE OF PROPERTY MAP lf`N \ � ;'.; •.�` �` ♦ yip ;;;�� C F-R / Q\�~ '•, fit? PROJE T L CATI Om N F�y SUBDIVISION GUARANTEE BOND Bond #: 1232449 Premium: 300.00 Power # 000033390 KNOW ALL MEN BY THESE PRESENTS: That we, Destiny I, A California General Partnership as principal, and AMWEST SURETY INSURANCE COMPANY, a California corporation, authorized to do business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee, in the full and just sum of Twelve Thousand One Hundred Dollars And No/100---------- Dollars ($ 12,100.00--------- ) lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the principal, on or about 12/20/89 entered into a subdivision agreement with the Obligee for Vista Catalina Tract #/13559 ; and WHEREAS, the Obligee requires the Principal to furnish a subdivision improvement guarantee bond for a period of One -------------- year (s) from and after the completion date of said improvements to guarantee the correction and repair of any defective materials and/or defective workmanship used in or on said agreement. NOW, THEREFORE, if the Principal shall, for the time period hereinabove specified from and after the completion date of said contract, correct and repair any such defective materials and/or defective workmanship, then the above obligation is null and void; otherwise to remain in full force and effect. a Signed and sealed this 15 day of January ,�9 91 .l Principal: Amwest Surety Insurance Company 7755 Center Ave. , Suite #520 VBY: Huntington Beach, California 92647 BY: BY: Pamela Goetsch,Attorney-In-Fact j Title APPROVED zS TO FOR!,: G ILL HUTT011, City Attorney By: Deputy City Attorney / � ss9 47L-�� /C. -�3Y:-i�.>z�..;..w.. -_'-rT. 't'"""_.,€ t'•_=-F'Q,.z. :a't _ :.t. .-__ ..a.e _ .i J,..'. - - - .. _:.r�~�� HE HERE ���� ® ® ®® ®®®®®®®���®®®®®RE®®®��� �� ®®®®® ®®002 IBM 0 HE H OHM OEM E®R®�® _ �� �,�� _��,� =��������� �� �„������®®ERNE®®®®®®®a®®®®_, 19 HE OHM OHM OHM ®EEEEEE®E®®®NEE®EEEENERc�®®®E®®E®EEEE RE®®®® 123244 ' BOND NUMBER 9 y r 'y POWER NUMBER t i yI, s = t � aG33390 NOT VALID;-AFTER: ! - wz_._ ->i .... , = - - cs -E.�-•• •:-.�_. -+,�_-,ar - ----,n+ira,sst ^r�rr F-x,_-,- ___• . +� -_ PENAL SUM c j J. �.f , - $12,100.00 oauceE CITY OF HUNTINGTON BEACH ± ` I This document rs p"rfnted on:multi-colorecl security paper with black and red ink, with boarraer:in-blur ink and bears'the = raised seal of Ani�ie`st Sureiy_Insurance Company ([he "Company"). Only unaltered originals of this Power of Attorney are _ valid lhisPowerof Attorney is'�alid solely in connection with the execution and deli�•en;of the bond noted above and mad not be used n conjimcuon with any other power of attorney. No representations or warraniies•regdrdjng this Power of Attorney maybe made by.any person.This Power of Attorney is govcrncd by the laws of the State of.Ciilifornia. Any,power of atiorney , used in connection Witli.any bond issued by the Company must be on this form and no other form shall have force or effect. ®®®® KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a Cahfomra corputauon (the "Comp any );does:hereby make, constitute and appoint: __- ®®®o®� . PAMELA GOETSCH. ®®® AS AN EMP"LOYEE_--OF-.AMWEST SURETY INSURANCE COMPANY ® its true and lawful Auorne in-Fact;with limited power and authority for and.on behalf of the':Colii an as surer HERE _ > P _ p� y_ ) H®HI® to execute _411%,er and affix the seal of the Company thereto if a seal is required'on,bonds; unclertakings ®®®®®H recogmzances or other Written obligations in the nature thereof as follows: ®®®�H ®®®®® Bi-d Bonds up'to $ **250,000 .00 ®®®® mmHg® Contract. Cour J& Subdivision Bonds up to $****250 000:00 :: .join ®® ONE OMEN Li c.ense ..8 Permit `Bonds .- up to $*****50.000.00 _ . -_ WHEN ®®HER Miscellane6u's Bonds -up-. to $##***25.000. 00 _ = ,ENUMBER ®H HH RN19H . 'Small Busi4-es-s Administration Guaranteed Bonds - up t-o---$****250,-000:00. .Hopi®® �~ EEERR r > RRRNN EEEER r t EEEEOM R©R®® :ERROR; EN®RE ❑°©®®© = and to bmd the�C�om an thereb This a oinunent is made under b authortt of the B Laws of the - HHHRH, DOME OM p >f Y PP > Y Y- RRRNN Company 1vhtch are+now in�full;force and effect. f RRNRR. 9 Him RUN CERTIFICATE CERTIFICATE , MHURN ®REED ®©®NEE C r r• �� r -� r 'EEEEE-. I tfhe understgned�secretary of.AmwestSurety-Insurance Company a California corporation R®RH® Cq©®©® _ O HEREBY CERTIFY the U-j- s Power:of Attorney remains in;full iforce and_effect and_has not been revoked 'and furthermore f ha the resolutions :of the Board of_Directors set'for.th on he reverse and that the relevant _ BROKE ®®®®® R©®©� p`rovtstondithe By�L'aws of/the Company, are now in full force and:effect = ®®®®® r , _ r ..... / r " �igeped and seal`e�d�atjHunttin ton'Beaeh, Ca this 1 day,of Jannar3r 19`-� "ERNE® FVV .sue -k �`4RR®x: -' ~0`000033390 70 T <E®RRo?: ,i p� L� ® �f1 � Kfaren G tCohen iSecretlry ,;a 0 /1/D Eli A p r .yn7,l�-rm f m j f f 1 l t;t t/ y t Q ®®EE�91 I ,cya,ay. ,wlvTna - '`t - ��, � �� $4: Resolutions of the Board of Directors R ` This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by'tlit Board of Directors of Am-,vest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, n.:ay appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in- fact or agent and revolve any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: 0) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or 00 when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and seal.ed (if a seal be required` by a duly authorized attorney-in-fact or agent- or (iii)v,!un duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the awhority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corpor<ue seal to be hereunto affixed this lst day of December, 1990. y\\N S URA •.�P•�A..!'L''�'• %�y•9�lFORN\•'`�'�� John E. Savage• 'resident Karen G. Coiun, Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES On this lst day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instntment is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. OFFICIAL SEAL ANA B.ZAMUDIO-SOUS Notary PdAc-Calfomio PRINCIPAL OFRCESCOU INMay C rtrvr�bn EK-Aw October 22, 1993 Ana B. udio-Solis, \otary Public Restrictions and Endorsements ------------- Pv ER NUMBER /!I AMWEST SURETY INSURANCE COMPANY VOID IF NOT-USED BY: E 0 6:4 4 5 = P.O. BOX 4500 WOODLAND 11 HILLS,CA 91365 4500 'JANUARY'1, 1991 F'tywfS2A, r +LIMITED POWER OF ATTORNEY No Powe ofAttomeYjon this form • 1202870 )- READ CAREFULLY shall tiewalid as to=bonds.under- - takings, recognizances or other Is war o Attorneyas een s_ " To,be USed only�mtcon)unctlon Wlth the�hond W:written.obligations in the nature delivered in connection with the s nr + rr fi above,bond number � ' <: k ;hereof executed on or after said spectfled harem_ ': � ,4"U • ; _ �,` , " expiration date. " Destin R. 5 f1 v x�5h.17a n ? § 7 N F A .Ca•lifornia Genera Partner-ship `' .k;!(� ' 2�;000.00' NAME OF PRINCIPAL: • 1;�• ti �'^�F � -� G 7 PENAL SUM$�++t' NAME OF OBLIGEE: City. Of Hunting�tonBeach h i �`vlivay'R� it i>f 7 k t�=+t4a..4iTt1I<Yt :Iti�t?y�' l'.s`T,l"�`'"�''+ti� -:l&±.u'C1�i;;!:-arc+'-0�,'u� � '•+�r':#,i"=3f,�--�. �'a=t;:,�+rt�� - - ..!(a'+�F { - NF`•'� u("r}VrFr 4rc 9� i 6 >., '�si�1 5r �r�y�?Xc y4� Vv14 v� 3 A �i r t'+l Y This Power of Attorney may not be used InreonJuGNINwtI anyyoshe3power of attoF6W his{Powerof Attorney'f1,0old if altered orferased Thls document is printed on blue,paper with black anhd�rad InKThpower�sao�t(atto'ro�eyrtiearsIsed seal of AMWEBTaSURETY�INSURANCECOMPANY OnlyForiginals of this Power of.Attorney are Jalid Nrepie_ ritatlons or�warra Fttteegadmgjthief'Power of Attorney may belmade by eny;peison�otFieythan eauyhorized officer'of'AMWEST SURETY INSURANCELCCOMPANYiiand must.be in writing.Questions or inquiries regarding�hts`Power of Attorney must be'addressed Yb6 .n L'4ww* .irrbS'=F- z.Y � C-�'4. tag+. x - .+- to AMWEST SURETY.INSURANCE!COMPANY�at'ihe�adddres,and telephione numbber set forth at t'he topo f,'—."PPower�of At�o�rn;ey Attention_UnderwntInng Department:This Power of Atto �sh�all be governed feLaws of�th StateVofCahfornia.Any power�ofattorney used mrconnec�tfon�woh anybon�d Issued by AMWEST-SURETY INSURANCE C,6&& onj`jor�atter�february,21 19t39yrnust be on'Amwest Form UN A1�07(REV�89)rAll��th�er,p`reviof�power of attorney forms issued byyq.AMWE3T SURETY INSURANCE C6AP�p{ANY..lWt�t9e been revoked and are of neo`'y`ftpurther fo{grce or�effect. L � 4t - UFJ�GF�i.}. `: ff.�.k+•.'t `-F��I1�E[f"'�C: 4�IYA?Ns.1r n�'s�.:.3 al"i-ti.)i2'E15:,. :•F, - win n.+ ---{z�w.ti- ,y kn•exr ,va,...v - .C,a --v'+*+%� 't'✓--ic? 7s ,,.+q.-r, x - F�, KNOW ALL MEN BY-THES PRESE'%" thatrAMWEST SURETY INS URANC!5L%MPANY A CAL-IFORNIA CORPORAL IONm(the Compeny�)�does�heieby3 Fa V 4C ;••%iK Fej+' L'y'l A "s.b;F make,constitute and a -. ° ;ty Pp01rt " f l �" f 0,1g, t_., +t"- � v2:,.y^&Ym •;Gs�;�' 'z1;'^+r MARCIA IIS EMPLQYEE OF AMWEST.•e t SURETY.I ?ir NSURANCEI'COMPANY{ '. cad ME its true and lawful rA orney(s t -Fact,with limited power.and authority for and on behalf of the Company as surety,to execute and deliver and affix,theseal of the -.5r. r k "y _+Q7:�^ rice'-: ,�,w-cgr - ++`s-esr�:rw�.�paaq�,nc .us�er€41+z, .� - Company theretq,d a seal is requred,bonds ndertakmgs,fecogmzances or other written otiligatlonsym the naturit e thereof follows �} RMIN Bid Bond u '01$2500f�f Y Contract Court, 6tr v"fsion Bonds,upwto$500000; r'r w v sty d f . SmalltBusmes AdministWrBt on�•Guaranteed Bonds up`to$1.250,000 License&�?ermit�Bonds Jp to�$100000;:+ t n r r Miscellaneous Bonds�u Ito$250001a s and3to bind:AMWEST SURETf INSURAN MPANY thereby Thts appointment Is made under ad try authority,of.the�followmgtpio isions of the By-Laws K`*- .')cry-• r lN4srsw'c x•msM1'.. qc+..- Y s. m . of,therGomparry,whtch�are`�now in,<full'forceeand effect � � '� � �� +�*�5yg�'t�� �' '+� Article III;Section'7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY. This Power of Attorney is signed and sealed'by,tacaimile under and by tfia authority of the following.resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a'meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact. or agents with authority as defined or limited in the Instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any sucti attorney-in-factor agent and revoke any power of atoomey previously'granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship-obligation shall be valid and binding upon the Company (i)when signed by the president or any vice-president and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president or any vice-president or secretary•or-assistant secretary,and countersigned and sealed(if a seal be required) by a duly authorized attorney-in-factor.agent;or.'- (iii)when.duly executed and sealed(if a seal.be required)by one or more attorneys-in-fact_oragents pursuatt;to and within the limits of the authority-evidenced by the power of attomey Issued by the Company to-such person or persons. RESOLVED FURTHER,that the signature,of any authorized officer and the seal of_the Compaq may,be affixed by,facsimile to.any power of attorney or certification thereof authorizing the'execution and delivery`of any bond,+undertaking,recognizance,or:other suretyship obligations of the Company;'and such:signature'and seal whan'so used shall have the same force ad effect as though manually affixed. IN WITNESS•WHEREOF AMWEST'SURETY INSURANCE COMPANY.has caused,these'presents to be signed by its proper officers,and its corporate seal to be"hereunto affixeathis' }7 day of December_ ' 19'89 %r= - Gary R.Peterson.PresiEeM 7 Kenn G.Conan,Secretary STATE,OF,CALI FOR NIA COUNTY'OF.LOS'ANGELES—as On this . 2 ---'day of December1 A,D.,1s 89 personally came before'me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same.'ad being ty me duly'swom,did severally depose end.say:that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority:of the board of directors of said corporation. OFFICeLL UAL (SEAL) e►�"r1r,r O.� ^� - Notary Pubh, STATE OF CALIFORNIA.COUNTY OF LOS ANGELES—as CERTIFICATE I,the undersigned: secretary of the AMWEST SURETY INSURANCE COMPANY,a California corporation,DO 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 By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. Signed and sealed at Huntington Beach this 2nd day of March 19 90 Kann G Cob-Secretary-. UN.A;OCI IRE"2891 A ... ...- --,:._, , ,r a..x•H:,ro:�r.i rve•,.. ._. .. - -- - :�:-- -^k✓N.i,"t'i�r:+amr .. �,. Faithful Performance Dond 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, February 27 19 90 Destiny I. .. A Californ' neral Partne shj-Rs Principal By✓ • BY Amwest Suret Insurance Company as Surety e " By Marcia D. Smith, Attorney—in—Fact By BOND NO. 1202831 The Premium for this Bond is: $2.420.00 BOND NUMBER 1202831 PREMIUM CHARQEd . ON ANNUAL BASIS pR04i1>M included in Performance Bond. • POWER NO: E06432 LABOR AND MATERIAL BOND ' WHEREAS, the City Council of the City of Huntington Beach, State of Destiny I, California, and A 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 December 20 , 19 89 , and identified as project Vista Catalina, Tract #13559 , 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 1S (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, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid sixty thousand, five Code of Civil Proceedure in the sum of hundred and no/loos------- dollars ( $60,500.00 ) , for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the henefit of any and a71 rersnns, companies and corporations entitled to file claims under Title 1S (commencing with Section 3082) of Part 4 of Division 3 o: Labor and Material Bond 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 WI'JTIF.SS WHEREOF, this instrument has been duly executed by the principal and surety above named, on February 27 19 90 Destiny I, A California General Partnership , as Principal BY: By: Amwest Surety nsurance Company , as Surety BY. Marcia D. Smith, Attorney-in-Fact By: :OWER_NpfTdEq AMWEST SURETY.INSURANCE COMPANY VOID IF NOT USED BY: Ift P.O. BOX 4500,WOODLAND HILLS.CA 91365-4500 0 6 4 3 2 .(818)70. JANUARY'-1, 1991 7js sy43t` 7. LIMITED POWER OF ATTORNEY No Powe7 of Attorney^on this form 1202831 (READ CAREFULLY) shall s, vec as to'bonds,under- z takings, recognizances or other • is er o orney has-peen K kcohju ct N' G n y� delivered in connection with the. To be,used,,only ln,cori)unctton wlthtthetbonda�lr t 1 written obligations in the nature Spec hereint t van t q �Y " r`34 thereof.executed on or after said above bond number pi yes a rf 1 j ' gam] d•exp{v�ation date. Destiny A ;California r.Generall�+Partnersh ; - 21�,000.00 NAME OF•PRINCIPAL. - -- --P � •,f?ENAL SUM;,$ - � �' gr a NAME OF OBLIGEE City of HllntingOn�BeaCh , , 3s' `; '.ttr'ktN�iS�+.` �M�`' FfiS'u�.n-i�'.�.` 1 "Sys'��1Ty .�rU'�lL°YX. 3iYP.• '�.?Ta _ . Or This Power of Attorney may not be usedfin.Wo lun'gllop wrth�eny;oahej pgwer.ofiattorney j hI9'Power of Attorney Is void if altered or�'dQ6 Thlsdocument is printed on blue paper with'black tt d3rendslnk�Thi�sV66i4rtg�f�attoRn�ey tiearri raised seal of AMMIi' URETY�INQhkhCEuCCMPAN Only_originals of this Power of Attorney ere valid.Wreprreesentations orrvrarpnhes�r�ega Fding3his Po lei of AttoriieyAmway made'Ibyfariy person other than an authorized officer of AMWEST•SURETY,INSUl ANCE COMPAN1 and mu&l b"e m wriiing.Questions or inquiries regarding this Power of A9&rney mustUaddressed to AMWEST SURETY INSURANG�E COMPkiilt ltie'�ddress`and telephone number set forth at the top of th(sf,ower p�f-Attomey Xtteni%h(Underwriting Department:This Power of Attorney,shail betgoverned,by,the laws of�he State of Californie>Any power of attorney used m conne(t with any bond Issued by AMWET SURETY INSURANCE COMPANYfoarn%after February 21 1889�"must be on•Amwest Form UWA1007(REV 2/89)yAllrother previous power of attorney-forms issued b,y,.,,._ 4 2.r ' rr r n y AMWEST+iSURETY INSURANCE COMPANY have,been revoked and are of notfurther force or effee't- _ i ! ,s+` j +'�f• tl j fit`' i..�", c. )/„��Y![7RF�� r:���?i�.ia�.-a� �•.tii w..%(.�,�..,,S.:J] �.tl.v -r•,.sw....E'N_7 ry Y.r. - -N < +.-•9-.sx>_ yea - - �-,c-5 - -�. KNOW ALL MEN BY THE�SE(PRESENTS;tha�t*AMWEST�SURET;Yy1NSURANC ECG.OMP�A7NYt A-CCALIF �(t�hYe Companyy)�does�f�e_reby+ make,constitute and appa"ntJJ r^ w4k 1 � ta 4 's , Ft }c F�` rei cx + - �.` d.n'J' .:t�'' Mum- f f .kY9.n,., '4'S�'ji s ,. MA��RCIA D SMITH AS EMPLOYEE'OF AMWESTOSURETY0INSURANCE-COMPANY_s r 4 "b ." - .!!''l,,l((�kk��`� .�9w.#L .�, ,g, A"'��% ir� its true and Iawfu1Attomey(s)-in Fact with Ilmitedd-poweFandauthority for and on behalf of the Company ti s suretyto execute and deliver a d affix the seal of the Company thereto if.atseal�e required�ndet`undertakingsL re-c nizances or other written oblig'atlona In`the nature thereof asp follows b, w, P.r 1r'"(�'•' rr` r' tiv s4 t't F-t+;} . Bid f3ons upo$2500b0p Contract Court&tSub`tliyisi0 Bonds u to$500,000. - ar, a n aII Sm Business enl ministration,Guaeeil Bondsrup to$1,250,000; License&PeBorids�up�to"$100000 i eous Bonds Up to S25,000f , � �• � �' to d 21 t AIIAWESTSURETgY iNSUR CE PA thereby.This appomtrnent is made under and authddty�of•the°fallllowwin provisions of the By-Laws •.of:theaCompary. hich re now tnlforeerand:effect Fr 9 -'Article III iSectton 7?6f the By Laws o(AMWEST a SURETY INSURANCE COMPANY I This Power of'Att&r ey is signed and sealed byifacsimile under"and 4.the authority of the foliavnng;resolutions adopted by the board of directors of. AMWEST SURETY INSURANCE COMPANY st-a meeting duly held on December 1fi!1975 ' i "` RESOLVED iAat the president or`any vice-president in conjunction wtth the secretary or airy asslitir t secretary,ma`y appoint attorneys In fact or agents with authority as defined or Iimitedln the Inst`rument'evidencing the appointment iri each"case,for and on behalf of the Company to execute and deliver and affix the seal of the,Compary,to borida,undertakings,recognizanees,and suretyship obligations of ell kinds;and saidofficers may. remove any such attorney-in-factor agent and revoke any power of attorney previously granted-to such person.:. .., RESOLVED FURTHER`that`any b6ntl,16ndertaking;recognizance,or suretyship.obligation shall be valid and binding upon the Company (i)when signed by the president or eny vice-president and attested and sealed(if a seal be required)by any secretary or.assistant secretary;or .(ii)when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed.(if a seal be required) by a duty authorized attorney-in-fact or agent;of (III)when duly executed and sealed Of a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney Issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any.authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or.certification thereof authoriiing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so-used shall have the same force and-effect as though manually affixed. IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers,and its corporate seal to-bs*heretinto affixed this 7 day of ` December t9 89_ !o„w` � -vow(/ � . . ��//���'�!(/r!+�-•-./�.-.' • , -'.-r - - _- Gary R.Peterson.Praaidem �- - _ Karon G.Conan.Secretary STATE OF-CALIFORNIA,COUNTY OF LOS ANGELES=as. On this J 7 day of December A.D.,19 89 personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly swom,.did sevely depose and say:that they are the said officers of the corporation aforesaid, re and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by,the authority of the board of directors`of'said corporation. _ OFFICIALag t meTA 4" t�ae�.e (SEAL) Gib.ft ta•eiaaio dcurrry qor a..r.+a.MIIIII - Notary Pubbc STATE OF CALIFORNIA,COUNTY OF LOS ANGELES—as CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY,a California corporation,DO 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 By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. Signed and sealed at Huntington Beach this 27th day of February i9 90 AUN-<'0C7(REV 2!89i �- Kasen G Coven.Secreu=ry SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND DESTINY I FOR TRACT NO. 13559 3Ro �rtzrjlr S AGREEMENT is entered into this day 1990 of , 3:969, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and DESTINY I, A California General Partnership by and between COULTRUP DEVELOPMENT COMPANY, a Calif-rn_ia Corporation., Managing General Partner and K.N.G. PARTNERS, A California Limited Partnership. RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into a lot 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. 13559; 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 -1- by §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 -2- 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. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) i Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Twenty-one Thousand and no/100 Dollars, ($121, 000 . 00) as prescribed by HBOC §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 P Y accepted b CITY and ; I SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5 . INSURANCE SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER' S sole expense, a general liability insurance policy, including coverage for bodily injury, property -3- damage, products/completed operations, and blanket contractual liability, in which CITY is named as an additional insured. The policy shall insure CITY, its officers and employees against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties . The policy shall provide coverage in an amount not less than One Million Dollars ($1, 000, 000) combined single limit coverage per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Two Million Dollars ($2, 000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits . Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arrange for the policy to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. iA certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution- of this agreement by SUBDIVIDER. Such certificate shall provide that the insurance carrier .notify CITY of the expiration or cancellation of any of the , insurance policies required hereunder not less than thirty (30) days before each expiration or cancellation is effective. The certificate of insurance shall evidence the required additional insured endorsement, and is subject to approval as to form by the -4- City Attorney. This agreement is void and of no effect until such approval is obtained from the City Attorney. 6 . WORKERS' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, in regard to any worker employed in the work to be performed hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney' s fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed pursuant this agreement by any person or entity including CITY. SUBDIVIDER shall maintain Worker ' s Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500, 000) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500, 000) bodily injury by disease, each employee, and One Million Dollars ($1, 000, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and SUBDIVIDER shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by -5- SUBDIVIDER under §7 of this Agreement. 7. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify, and hold and save harmless CITY, its officers, and employees from 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 property, arising directly or indirectly out of the obligations herein undertaken by SUBDIVIDER, or out of the operations conducted by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. Any costs of defense or attorneys ' fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by SUBDIVIDER or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to paragraph 9 hereof . 8 . PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the City Council of CITY of the improvements offered for dedication in said work, give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous conditions. It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all or a portion of any street alley, sidewalk -6- or right-of-way whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY. 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 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: CITY OF HUNTINGTON BEACH: DESTINY I , a California municipal A Californi General Partnership corpor tion By: n T. C ult p Mayor side t,/Sec y M Ka mi Mino i eneral nager/Assistant Secretary ATTEST: APPROVED AS TO FORM: City Clerk Ci ty Attorney /1 aj-g9 REVIEWED AND APPROVED: INITIATED ND APPROVED: '��/ City Administrator Directo of Public Works -7- SUBDIVISION AGREEMENT BY. AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHRIDGE HOMES FOR TRACT NO. 13559 THIS AGREEMENT is entered into this o70A- day of .?)I pycP�� , 1989, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and VISTA CATALINA, A Joint Venture by and between SOUTHRIDGE HOMES, a California General Partnership and URSINO DEVELOPMENT CORPORATION, -A California Corporation. RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, .which it is seeking to subdivide into a lot 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. 13559; 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 / i -1- 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- 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. 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 Twenty-one Thousand and no/100 Dollars, ($121,000 .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. -3- 5 . INSURANCE SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER' S sole expense, a general liability insurance policy, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability, in which CITY is named as an additional insured . The policy shall insure CITY, its officers and employees against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties . The policy shall provide coverage in an amount not less than One Million Dollars ($1,000,000 ) combined single limit coverage per occurrence . If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Two Million Dollars ($2 ,000 ,000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arrange for the policy to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. A certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by -4- SUBDIVIDER. Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30 ) days before each expiration or cancellation is effective. The certificate of insurance shall evidence the required additional insured endorsement, and is subject to approval as to form by the City Attorney. This agreement is void and of no effect until such approval is obtained from the City Attorney. 6 . WORKERS ' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, in regard to any worker employed in the work to be performed hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney 's fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed pursuant this agreement by any person or entity including CITY. SUBDIVIDER shall maintain Worker ' s Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500 ,000 ) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500 ,000 ) bodily injury by disease, each employee, and One Million Dollars ($1 ,000,000 ) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, prior to commencing performance of the work -5- hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of said insurance policy; and SUBDIVIDER shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 7 of this Agreement . 7 . INDEMNIFICATION, DEFENSE , AND HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify, and hold and save harmless CITY, its officers, and employees from 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 property, arising directly or indirectly out of the obligations herein undertaken by SUBDIVIDER, or out of the operations conducted by SUBDIVIDER, including those arising from the passive concurrent negligence of. CITY, but save and except those which arise out of active concurrent negligence, sole negligence, or the sole willful misconduct of CITY . SUVDIVIDER will conduct all defense at its sole cost and expense. Any costs of defense or attorneys ' fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by SUBDIVIDER or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to paragraph 9 hereof. 8 . PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the City Council of CITY of the improvements offered for dedication in -6- said work, give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all or a portion of any street alley, sidewalk or right-of-way whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made . SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY. REST OF PAGE NOT USED -7- 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 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: CITY OF HUNTINGTON BEACH : VISTA CAIALINA , A Joint a Cali ornia munici al co ion Venture URSINE-DE' O��PMENT CORP. , A Ca'liforn ' a/Corpor. tion Mayor r sA t r— Secretary SOUTHRIDGE HOMES , A General Par ers . . P i i f ATTEST : APPROVED AS TO F M: dww� q�f� �/� ' City Clerk ity 9teorney pp, I— va-$9 R VIEWED AND APPROVED: tNITIATIED AND APPROVED: City Administrator Directo of Public Works -8- S. ��3' '.,v c•c-•-'al ;_ �.. - 'h= . . vs'�. - S i •- - o "t ISSUE oil 1 DATE (M!v1/,.DrY1: x ry PRO, rEa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS •• ,-•r' NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '- JAMES ECONN &CO. INSURANCE --- _ -- —_----- r 3055 WILSHIRE BOULEVARD I COMPANIES AFFORDING COVERAGE ` LOS ANGELES, CALIFORNIA 90010 (213) 386-3131 I COMPANY '= LETTER Scottsdale Insurance Company t - COMPANY = - ----- � LETTER B r•,suRED Fremont Indemnity Company 3c , � COMPANY ' VISTA CATALINA, A JOINT VENTURE, C, UTTER Home Insurance Company t: ` SOUTHRIDGE HOMES COMPANY -- ------ —--COMPANY 5362 OCEANUS DRIVE, #A LETTER ` HUNTINGTON BEACH, CA 92649 f ----- `— COMPANY E s'• LETTER �r THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. Y: y 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 CONDI- TIONSOF SUCH POLICIES. CO ?OLICY EXPI A-110'; LIABILITY LIMITS IN THOUSANDS ,yq TYPE OF INSURANCE POLICY NUMBER �. fl _ LTR� B:s I!. ur.•• N%TP"[r.Sl.Sipprf%I f :CCr-a�i AGGREGATE £%. ENCE GENERAL LIABILITY t BODILY NJURvAXCOMPREHENSIVi GLS217717 1111/88 11/1/89 $ $ PREMISFS!OPERATiUf;'� IPROPERT-Y ° I DAMAGE $ E!:PEO SIO`:d COLf.APS_ :ii� �Ri) I +i. ! I 11 x I PRODUCTS/CU1.1PLFT[D`JPE iiAiiil;:." I ' 4F �I X C 0 1:"RA C T UA I. � I BI s PD „f' ;coy.+BI::ED $ 1,000, $ 1,000, X LNI)EP[NUENI 000H.4CIOR` X BROAO FORM P^nOPERi': DA-AG!_ T I X PER;SLiIi.l. L:JUR'r ! PERSONAL INJURY $1,000, f AUTOMOBILE LIABILITY I I pup.. 4r,v AUTO 11/1/ 8 / /89 '$ ' C X� D I BAF161092 I 8 11 1 i «F; 4i.!. Oc'•'P:ED UTCS IPii":' I.., I I a AUTOS (� AL: 0`.'r'i: D T �PRIN iPAY; ? i I I � •Eti II 1 X j HIRED AUTOS _ I 'PPOPC-RT' ! r'•' FX f:L'k-0;":ti[iL'. �.:1T(t, I I i DA.MAGE I$ I i BI d PD COMBINED $ 1,000, EXCESS LIABILITY i I I CO:!BIN-1. �• I OTNGR Uf,1iSP .: '(Iftf.. y I I STATUTORY ` WORKERS' COMPENSATION i i I $$7 4Cil A ' g{ AND WP88-462744-01 10/31/88 ! 1Q.�3 8g re `1,.000.[DIM:AS::-P";'i;; LIr:":r; EMPLOYERS LIABILITY lO — -- - - l rr �� EE: w I ,000 E , 73 I OTHER r _;PE{;;6 :: b'!U!i.lr _ _' „I L�,•S!'EC �: i"!.'.'`. /'-!/ /'�.JL �� _ . _w RE: ALL OPERATIONS OF THE NAMED INSURED Certificate holder is included as an additional insured as respects general liability covera . �Q, 7�77 1."1r� S excegtft b � ym�nstoaf rem� nSHOUL ANYO i H C t E r,,u c Bc ANNP_VV rORE THE EX- CITY OF HUNTINGTON BEACH PIRATI�OnN DATE THEREOF. THE ISSUING COMPANY V.'ILL xi P.O. BOY. 190 ME I i+�N* P{X§,WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE t lIUNTINGTON BEACH, CA 92647 _ . a - --- "�"'t.. UTnORI'�u R "PRESENT•.IVc .� irk 1a• �� �t - '•� .t ' Q I- ao •:� h• , - • _T�. r •#y, , - � sad - • {'' -. ti ,� � y -.dJ'.i.w +'A�- '�4•:aitM1 sy r�'}`��,,, �� � •�` - ' -:��',Y_ 'i71 - � -3 jy i 'r,': �- :'�, ,W. °�'4 + r♦� 1411 ISSUE DATE(MM/DU/YY) 22-89 `I■� , PRODUCER_ THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND, Cow EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Iwil .Vm AW.,sww COMPANIES AFFORDING COVERAGE '1 a I'1wflil :,{o i COMPA — LETTER A California COmpensat l on COMPANY INSURED -�- --- LETIER B Caultrup Construction, Inc. COMPANY IFTTER 13001 $"1 heath 8 l v4- .1300 _-- Seal ftsCh, CA 90740 COMPANY IFTIER COMPANY— •-.--- - ---_ _ LETTER E • THIS IS TO CERTIFY THAT POLICIES 01;INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY ALQUIREMENT,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 CONDI, TIONS OF SUCH POLICIES. I'ULIUYLIUCTIV[ PniIrY.rXPIRATION CO • - LTACO TYPE OF INSURANCE P01 ICY NUMBER U/,Tr JM.\1+DO.rry UA?E lMl+I+OU YI ALL LIMITS IN THOUSANDS OENERAL LIABILITY -- - __.._....... GCNFRAI 4GGRFGATr $. COMMERCIAL GFNF.RA1 LIARILPY PROTIUCTS COMPJOPS AG'+u EG A I LL $ CLAIMS MAUL I IUCC!�HIitIJ+:L PFIRSONAL 6 AOV(:HIIS!\6 L4JL'HY $ -.--.,.. OWNERS 6 CONIRACIORS PRPROTFCTIVF tACJ;U):CuRRENCE $ FIRE UAMAGE(ANY UNL hU1 $ mmlrkl rXPrNSF{ANY O\E I'LHSONI $ AUTOMOBILE LIABILITY ANY AUTO Im $ Al I OWNED AU10S - BUUILY INJU.Re SCHEDULED AUTOS (PER PEUSDN) $. HIRED AUTOS BODILY -- INJURY AC NON-OWNED AUTOS tt gDCNTy GARAGE LIAflILIIY ----- '; PROPEIaY U4M4GF $ - _. _. EXCESS LIABILITY r� I, AGGNEUAIE nrr.,nr1rNr.L O1HLR THAN UMBRELLA FORE{ WORKERS'COMPENSATION A AND W960 04 43 06-30-89 06-30-90 $ r • (EAD ArnbrNT) _ EMPLOYERS'LIABILITY $ } • (DISEASE-POLICY LIMIT) $ (D!SFkSF EACH EMPLOYEE! - --- OTHER A:;) i . I RI a GAIL ri _ 11- (ITT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTION L 1� L'y ci L Nt k7ttgrney SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. City of Huntington breach PIRATION DATE: THEREOF, THE ISSUING COMPANY WILL Public Yorks Department MAIL 30 DAYS WRITTEN. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main S t. LEFT, IN Huntington Beach CA 92648 INAMIUmN MIDI 0013MOVWXAMOMMM AUTHOAIZC-0 REPRESENTATIVE W,, Cr ig Ti rp f A ' Certificate of Insurance The Nationwide Insurance Company indicated below certifies that the Insurance afforded by the policy or policies numbered and ' described below is in force os of the effective date of this certificate. This Certificate of Insurance does not omend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained In any policy or pgllcles numbered end 0escrib .d below. 4 Certificate Holder's Nome and Address: Insured'.Nome and Address r ''; I I �' 91989 COULTRUP CONSTRUCTION, IN' ,.. CITY OF HUNTINGTON BEACH IJ001 San] Heach Bouleva� 1,',[,.,.., . .._......- . ..,_ ....__....i�. Department of Building & Safety Suite 300 ' P. 0. Box 711 Seal Beach, CA 90740 _._..,..._-- 2000 Main Street Huntington Beach, CA 92648 DESCRIPTIVE SCHEDULE POLICY NUMBER AND POLICY POLICY TYPE OF INSURANCE EFFECTIVE EXPIRATION_ LIMITS OF LIABILITY ISSUING COMPANY EFFECTIVE DATE GENERAL LIABILITY General Premises - Operations LIMITS AT INCEPTION Aggregate_ $1.,000,000 Products - Completed Pr. Comp. Op. Agg. $1,000,000 Operations Each Occurrence $a.,000,00a Personal and Any One Person or Advertising Injury 73 PR 005376-5004 9/27/89 9/27/90 Organization $1,000,000 Medical Expense Any One Person $ 5,000 Fire Damage Legal Any One Fire $ 50,000 Other Liability AUTOMOBILE LIABILITY Bodily Injury OCCURRENCE Comprehensive Form (Each Person) Owned Bodily Injury (Each Accident) Hired Property Damage Non-Owned 73 BA 005276-0001 9/L7/ 89 9127190 Bodily Injury and 1,000,000 Property Damage Combined EXCESS LIABILITY Bodily Injury and Occ. $ 2,000,000 Umbrella Form 73 CU 005276-0003 9/27/ 89 9/27/ 90 Property Damage Combined Agg $ ,000,000 Workers' Compensation APPROVE") AS T ) FORM:1 STATUTORY LIMITS GAIL HUTTON Bodily Injury Each Accident and CITY Trp, by Accident Employers' Liability BY �7., Bodily Injury Policy Limit O�D�+ by Disease y int. i►ttornVe_ Bodily Injury Fach Employee . 1by Disease trance in farce only for hazards ind"fO4 by X. ;cription of Operatlons/Locations/ Should any of the above described policies be cancelled iicles/Restrictions/Special items before the expiration date thereon, the insurance company will mail 30 days written notice to the above named Certificate Holder. RE: Vista Catalina NATIONWIDE MUTUAL INSURANCE COMPANY 1516 Pacific Coast Highway NATIONWIDE MUTUAL FIRE" INSURANCE COMPANY NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY r" Columbus, Oh' ISSUE DATE(MM/DD/YY) ' 1 2- z2-$9 PRODUCER _ THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO AIOHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND, BILL YERPS A Co.- EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. kwuranc a Services, ina, IMD RgILTON AVF, SUME 3M COMPANIES AFFORDING COVERAGE WI EST141 W,,K CA 92169c! COMPANY � ' � LETTER A Ca I i;forn i a Compensation COMPANY. B INSURED Y - IETTER . Cou i t rup bove 1 opmn t COMPANY 13001 Seal Beach,B i vd. 1300 LETTER G Sea I q*&ch, CA 90740 COMPANY LETTER COMPANY E . LETTER • THIS IS TO CERTIFY THAT 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 SU13JECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBF.N PCI Icy rrrrr.TIVF POLICY EXPINAIION ALL LIMITS IN THOUSANDS r:ATE tMI.uDO.YY: UAIL(IAMIDONY) GENERAL LIABILITY ULNUTAL AGGHLUAIL $ COMMERCIAL GCNCRAL LIABILITY rntioul:T:;cnMPItiPS UMIAS MADE 0 DLCURRFN(.F E'O L - r IIII/I������������......111111 1'EliStINAI 8 AOVFRTISIN�16JURY $� OV1INFR S 6 C011 RACTOR3 T'ROTL(:IIVL rArm i1CCuRO a $ FIRE DAMAgjANY Otj( FIRE) $ MLOIGAL 1.0061.(ANY OV. :IFRSON) •' $--- AUTOMOBILE LIABILITY ANY AUTO CSL $ Al.[ OWNED AUTOS BODILY 4 INJURY SCHEDULED AUTOS (PFA OFRSON) $ HIRED AUTOS IN4JUI�v N(N•OWNLD AUTOS "CCIDENT)T $_ GARAGE LIABILITY PRDPCRTI' DAMgUE $ EXCESS LIABILITY ----. _------...._. L.UGH ANUREO�TE OCCVARE.vCk $ $ OTHFR THAN UN RR LA FORM STATUTORY WORKERS'COMPENSATION - A AND W 960 OS 40 06-30-89 06-30-90 ' ' • (EACH -POLICY ACCIDENT) EMPLOYERS'LIABILITY $ i tDISEASE P LIMn) $ . • • ngrA$r I-ACH rMPLOYFF) OTHER 10 x ,xIL Ii:,:.,.Ul, DESCRIPTION OF OPE RATIONS/LOCATIONS/VEHICLES/RESISICTIONSISPEC;IAL N. By. f AttO ey City 0 f MuIR t i n COR Beech SHOULD ANY OF THE ABOVE UESCRIE3Eb pOLIG1ES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL f Public Works Department Mft DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main S t. LEFT, ii+lSElk11�1 a 6nti.ngton Beach CA 92648 AUTHORIZED REPRESENTATIVE - W Coaio T rpsetira .. ;,"le CITY OF HUNTINGTON- BEACH 01j 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 3, 1990 Destiny I 13001 Seal Beach Blvd. , #300 Seal Beach, CA 90740 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, April 2 approved the Subdivision Agreement for Tract No. 13559 We are enclosing herewith a duly executed copy for your files. Sinc rely, e iV l Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 28, 1989 Continental Land Title 1015 N. Main Street Santa Ana, CA Attention: Subdivision Officer RE: Tract Map No. 13559 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 3/A� (Telephone:714-5 36-5227) ;, te CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 20, 1989 Ursino Development/Southridge Homes 7901 Professional Circle Huntington Beach, CA 92649 Gentlemen: The City Council of Huntington Beach, at its regular meeting held March 20 1989 approved the Subdivision Agreement or Tract o. 11559 - We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) i NOTICE OF % ,MIP LET I ON WITH CONDITIONS `l,-'1TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING I` TO : CITY CLERK DATE : s FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby ii TRACT NO. DEVELOPER I CONDITIONS : Date j Deposit of fees for water, sewer, . O drainage, engineering and inspection Bond for. Improvement . . . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . . . . . . Bond for Monuments . . . . . . . . . Labor $ Material Bond . . . . . . . . Other : i Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: COMMUNITY DEVELOPMENT R a le TRACT NO. � PARCEL MAP NO. RECREAT ON & PARK FEES PAID OTHER ` le M,,, e , REQUEP FOR CITY COUNCOACTION (/ Date March 20, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator�-G �A v"\ Prepared by: Michael Adams, Community Development Director Subject: FINAL TRACT MAP 13559, BEING ALL OF TENTATIVE TRACT NO. 13559, AND BONDS AND AGREEMENTS FOR TRACT 13559 APPROVED BY CITY COUNCIL Consistent with Council Policy? Yes [ ] New Policy or Exceptio -?— )- 8' Statement of Issue, Recommendation,Analysis, Funding Source,Alternative i kctions,Attachments: CITY CLERK STATEMENT OF ISSUE• The final map of Tract No. 13559 being all of Tentative Tract No. 13559, located on the northeast corner of Pacific Coast Highway and Sixteenth Street, has . been submitted to the City Council for approval . Tentative Tract No. 13559 will expire on August 6, 1990 . RECOMMENDATION• 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. 3 PIO 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 or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney 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. 'I,�3I 8� a . Faithful Performance Bond No. 3SM 717 37800 b. Labor and Material Bond No. 3SM 717 37800 n , c. Monument Bond No. 3SM 717 37700 << P d. Park and Recreation Fee Surety Bond No. 3SM 717 960 00 ANALYSIS• SUBDIVIDER: Ursino Development/Southridge Homes 7901 Professional Circle, Huntington Beach, CA 92649 ENGINEER: RMG Engineering, Inc. Lawrence L. Truman, LS. 5345 LOCATION: Northeast corner of Pacific Coast Highway and Sixteenth Street ACREAGE: . 872 acres LOTS: 1 NO. OF UNITS: 32 ZONE: Downtown Specific Plan, District No. 2 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 - 3/20/89 -2- (2179d) ENVIRONMENTAL STATUS: The project is covered by Environmental Impact Report No. 82-2 pursuant to Section 15182 of the California Environmental Quality Act. FUNDING SOURCE• Not applicable. ATTACHMENTS. 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond 6 . Park and Recreation Fee Surety Bond. MA:TR:gbm RCA - 3/20/89 -3- (2179d) NO- N . Jj HUNTINGTON BEACH HUNTINGTON REACH PLANNING DIVISION e �.R.-A. BOX 41375 LSZg 6NGEL-ES, CA 90041-1091 Premium $1,595.00/yr. • Security' bond for payment of PARK AND RECREATION IN-LIEU FEES HBOC 9961 �2 KNOW ALL MEN BY.THESE PRESENTS, That we, VISTA CATALINA, A Joint Venture ,as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY , as Surety are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the just and full sum of FIFTY THREE THOUSAND ONE HUNDRED SEVENTY TWO AND 25/100ths---------------------------------------Dollars ($ 53, 172.25 ) ,lawful money of- the United. States, for the .payment of which, well and truly to be made, we bind ou rselves,. our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents,. WHEREAS, Huntington Beach Ordinance Code Article 9961.2 permits deferral of park and recreation fees upon submission and approval of a surety bond to guarantee payment of such fees and WHEREAS, the Principal and the Obligee have entered into an agreement whereby the Principal agrees to pay a fee in lieu of park and recreation land dedication required for Tract No. 13559 a copy of the map and conditions for which are hereby incorporated herein by this .-reference; and 1.'HEREAS, _the Principal elects under the terms of the City's Park and Recreation Facilities Ordinance (ART 996B) , to furnish a bond to defer payment of such fees until issuance of a Certificate of Occupancy or" final inspection of the first unit of- the first phase .or one year from the date of execution of this agreement, whichever co-mes first . `OI , Tr=RL_FORE, if the said Frincipal shall well and truly do and perform all of he covenants and ob rations on its part to be done and performed at the times nd in the yanner specified therein, and pays all of such fees prior to the issuance of a Certificate of Occupant} or final inspection of the first unit f the first p.i:ase or one year from the date of the execution of this agreem::ent, hic:ever cokes first,. then this obligation shall be null and void and of no ffect;. otheruise, it shall be and re-main in full force and effect . n .the event 'suit is brought upon this bond by the Obligee and judgment is recovered, he Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorney's fee to be fixed by the Court. N WITNESS 1,THEREOF, this instrument has been duly executed by the Principal and urety above -named on March 7, 1989 ;a VI CAT,4LINA, a Joint V nture y BY !/ ' �n�XF/I Sdj)77.11- 46 / i A B /Al() • f r. ft t MO RIS S NSURANCE COMPANY BY: i BEVE MARTI ; Attorney-in-fact PREMIUM CHARGED F'ltk:MTU M $2,420.ot: JN_ANNVAL BASIS POWER NO. E06432 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Destiny I, A 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 December 20 19 89 and identified as Tract #13559 project Vista Catalina is hereby referred to and made a part hereof; and ',HE R,AS, 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 Amwest Surety Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter alled "City", in the penal sum of one hundred twenty—one thousand and no/100s----------------- dollars ( $121,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind uurselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.