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HomeMy WebLinkAboutTracts #13569 All of TT 13569 Pacific Coast Homes Stateme � /699 ,b�y Ply✓ q, ,ITY OF HUNTINGTON BEAM OAos Fn'oaeAri&A- Trecsorr�, MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-038 Council/Agency Meeting Held: Q,(00 D�rred/Continued to: Approved Condition Ily Ap ro ed El Denied EPVj)/ Vy Clerk's Signature 7 Council Meeting Date: June 7, 1999 Rim Department ID Number: PW 99-038 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrar ==C� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE RELEASE OF THE GUARANTEE AND WARRANT)PI BOND FOR TRACT NO. 13569 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: One year has elapsed since the acceptance of improvements for Tract No. 13569 located on the west side of Lake Street, south of Park Street. The Subdivider, Pacific Coast Homes, has requested release of the Guarantee and Warranty Bond; the security furnished for guarantee and warranty of improvements. Funding Source: Not applicable. Recommended Action: Motion to: (1) Release Guarantee and Warranty Bond No. U80 51 20-1203; the security furnished for guarantee and warranty of improvements; And, (2) Instruct the City Clerk to notify the Subdivider, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Company, of this action. Alternative Action(s): Deny the recommended action. Analysis: The City Council, on May 15, 1995, accepted the improvements constructed and dedicated for public use within Tract No. 13569 and accepted Guarantee and Warranty Bond No. U80 51 20-1203; the security furnished for guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. Public improvements constructed consist of paving, curb and gutter, sidewalk, driveway, sewer and water lines. �l 04/14/99 13:12 V415 894 0248 CHEVRON/TREASURY 00031005 •" •• ++•y� Y�iG( LLLd CL&V - 3ANTA l&02/004 2 jfld • r,ii Lo1�!.`field @renCA n ,+ U lo�nn6enk 444South flowfrStreer t nJ yQ�d c �/F lrt 8 ofSwkzertand Los Angales,CA,80071 Telephone 1213)404.0600 44,N Toles MCI $719393 �f'I'I4�'G�i •� IRREVOCAIM STANDBY LETTER OP CREDIT NO. L/COD3599 t11s'NBt'iC'IARY: CITY OF HUNTINGTON BBACH 20011 Main Street �O � P.O. Box 190 Huntington Beach, CA 92648 3 r � APPLICANT: Ct11aV1{ON LAND AND DEVELOPMENT COMPANY �` 221 Such Street /•1 84n Frahciaco, CA 94104-4209 e e � Hy order of Chevron Land and Development Company, and on behalf of r.ivie Center Partners, we herpby issue our irrevocable standby letter of credit; no. VC003599 in your favor for the account of Civic Center partners ( "Principal —), 1941 Lake street, Huntington Reach, California 92649 up to the aggregate amount of U*D57l),500.00 (US Currency) aVatlablo by your Sight draft drawn an us accompanied 0 by A written declaration ntating that a default has occurred Wcaune: {` 1. Construction of the offeite improVeMento and monuinentAtion On Tract 13569 has ceased for a period of one hundred and ;; eighty (180) cnnsoc:utive days and the Cessation hay occurred t` 4 due to acts wil:hin the sole control of Civic Center Partners, it n .wssiyna or contractors and the City h given written notice to Civic Center Partners that the cir.y will declare a tlel:au.lt unless Construction reaomes within thirty (30) days Erom such notice. 2. Construction nr, the offaite improvements and monumentation on Tract 13569 has ceaatd for a period of one hundred eighty 2 (180) consort:r i ve (lays and the cessation has occu r ri?rl riue to �d acts or conditions not Within the sole control of Civic n Center Partnpra its assigns, or contractors an(ja W such acts or conditions no longer inhibit V1)nL:teuction and �+ (i i) the City+ has given written notice to Civic Centf:r Psrtnere that the city will 8,?alare a du('ault unless construction resumes ,githin t.liirty (30) diiys. from such notice. 11 L,l�) 4'; i .tti 04/14/99 13:13 V415 94 0248 u4�la�aa Jl:yv � yy CHEVRON/TREASURY 004l005 Urf-on lien}c 444 South Flower 5011st , to of swbenand Las,Angeles,CA W71 TIIlphone 12131 460-0400 Telex MCI 0719393 %RREVOCAGLE STANDBY LETTER Of CREDIT 00. L/C003399 page 2 It is a condition of this letter �f,,c edit that it shall be deemed ' automatically extended without ame0pt for one yeas from the p[osent or any future o%piration date heteof, unless sixty days, prior to any such date, we shall notify .you, in wr:ilt :nq that we do not intend to renew this letter of crec).it for any additional period, Upon receipt by you of? SUCK natiesl►, }oy Rtay.-draw hereunder by means of your drafts on us at sight Accomperfiied.�.by your written certification that Lhe aforesaid action i�,�sttll outstanding . crafts drawn under thiti creedit must bee�s date and number 41e engage with you that all drafts drawn under and in compliance with the terms of this credit will be d4ly honored on delivery of documenta as specified if presented at this office on or before April 280 1994 or any automatically extended dater as hereinbefore set forth. ' 'Phis credit is aubjeet to the uniform customs and^^>� Aptice for Documentary Credits (1�1a3 Revision) Interna�)r�OnallChamW> of Commerce vublication No. 400. ,. . Very tr.uly yours, ,UNION BANK OF SWIT3FRLANO !LOS ANQELflB DRANgo s Auths)rized feature Aut zed Eaigy'Yatur 1 a 2913MVT 0 e"e) m 7ri• T n�. r.T 1�CLI Ti^, T 7I 7rt �Jf W7JI 1,If7�lA7W' 04/14/99 13:13 t415 894 0248 CHEVRON/TREASURY u}i 14/dti �1• +� .. �� • �005/005 Leighton, Kathie (KAYL Subject: Exonorate letter of creditL/C03599 Start Date: Thursday, October 15, 1998 Due Date: Thursday, October 15, 1998 Status: Completed Percent Complete. 100% Date Completed: Thursday, October 15, 1998 Total Work: 0 hours Actual Work: 0 hours Owner: Leighton, Kathie (KATL) Received City exoneration letter from Bruce P.Crosby 9/23198, called Percy Marquez of USS.According to Percy, the leter was paid In full May, 1997 and is off their books. 1 i ./J City of Huntington Beach P.O.Box 190-2000 Main Street Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of: Connie Brockway, CMC City Clerk , Telephone: (714) 536-5404 Fax: (714) 374-155 �y 3--/-2- 9 'D 7�40czZ _ 5 � .., 1 71, � T• ;. � a4lLd4tAt) a �� t, d � �/� . off" FAX FROM: 0 CONNIE BROCKWAY, CITY CLERK J.l CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P O Box 19012000 Main Street Huntington Beach, CA 92648 (714) 536-5227 HUNTINGTON BEACH ( 14) 374-1557 FAX Fax #: / f 9�- a� Date: --XI-7 Number of Pages (including cover page): B e City Clerk To: INTERN ADDRESS: htti)://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: — (,/ ***HB INFOLINE: 714 374-4800 ** Remarks: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment ❑ Per your re uest Q-c.dt� 97Forms/fax FAX FROM: CONNIE BROCKWAY, CITY CLERK JJ CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P O Box 19012000 Main Street * Huntington Beach, CA 92648 HUNTINGTON BEACH ( (714) 536-5227 71 ) 3 74-155 7 FAX Fax #: 411- - 7 41_3 —2nq11 Date: y' Number of P es (including coverpage):-_ By: ZZ/2 puty City Clerk To: 2ZINTERNET ADDRESS: tp://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: ***HB INFOLINE: 714 374-4800 ** Remarks: ❑ Ur ent ❑ For our review ❑ Re I ASAP ❑ Please comment ❑ Per our re uest G� D ' Co . 97Forms/fax The required time period has elapsed, and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. Following is a list of project data: Subdivider: Pacific Coast Homes, 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: West side of Lake Street, south of Park Street. Lots: 81 Acreage: 16.695 Zone: Q-Oldtown Specific Plan (District 2) CD Environmental Status: This recommended action to release the security is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3. Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. Location Map RCA Author: Bruce Crosby Tr 13569 G&W Bond release RC -- 06/02/99 8:41 AM i, te CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTFI\GTON BEACH DATE: -rL77Qi TO: _/F/I✓ 0?96T 1161neS ATTENTION: yS3 _or O I'Q i�e ��i9ZA r�tQ o7c� DEPARTMENT: f /P At �QCC / (_1I• �v�laloD REGARDING: City:State, ip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Oh,o�S f7�ye. >geen 7n 6-� /3S 6 9- RONO /I'o . Connie Brockway �/ Q City Clerk 1d. �s ' �/ -o�Q - /,Z0�3- ZLn/1<<e;( Attachments: Action Agenda Page Agreement Bonds Insurance RCA /Deed Other CC: R4 a r s rl e�/ �Lt�D ✓ - NUDepartme RCA / Agreement Insurance Other �, 0 N Dcju3nm ent RCA Agreement Insurance Other e �'�h /Y�a�sUYc�eJ Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name- Company Name-Date GTollowup/coverltr (Telephone: 714-536-5227) ATTACHMENT 1 SCALE: NONE YORKTOWN AVE. db cJ OaGb '�^ � V/ H.B. CIVIC Z CENTER H.B.H.S. z UTIC0 OF A AVE. 0 SPRINGFIELD AVE. t_J z Ln (n m n Q � cn / I � Li Li Y Q ATTACHMENT NO. 1 LOCATION MAC CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr_13569.dwg RCA OUTING ?HEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve release of the Guarantee and Warranty Bond for Tract No. 13569 COUNCIL MEETING DATE: June 7, 1999 RCA ATTACHMENTS arSTATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION:FOR MISSING ATTACHMENTS REVIEWED RETURNED .:. FO : WRDEDT _,. Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION-FOR RETURNTEM (BelowOnly) RCA Author: Bruce Crosby / v 04/14/99 13:12 V415 894 0248 CHEVRON/TREASURY 0001/005 ,' Treasury Departmeut � FAX Date: I /Ct ` Number of pages' luding co r 7 To.- From I T�;s #"@ r San. Post-It*Fax Note 7671 Dale p of 1" CD./Dept CO, I+ /Ir) P 1 Phone It '� �C7 Phone: j.:�, Jf — 9 Fax I F,x Fax phone: ( LS .. g di 11 REMARKS: Urgent 0 For your review Reply ASAP ❑ Please comment 1 1 , 04/14/99 13:12 '041 894 0248 CHEVRON/TREASURY 100021005 • 1, `t m,'��p� +� CITY OF HUNTINGTON BEACH 9' 2000 Main Street P , O . B0x 190 California 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 Po6t•it"Fax Nate 7671 omo papra; September 23, 1998 TO From ColDept. 00. Phone , Phone d Fax tl J2 F=# Kathy Layton Chevron Land& Development Co. 3100 Harbor Blvd., Ste. 340 Santa Ana, Ca. 92704 RE; Tract No. 13569 Letter of Credit Dear Ms. Layton: In response to your inquiry as to the status of subject letter of credit, please be advised that this tract was released and accepted by City Council on May 15, 1995. All securities accepting Guarantee and Warranty Bond No. URO 51 20-1203 were exonerated. i Should you have any questions,please call me at(714) 536-5247. Sincerely, Bruce P.erosAby4 Civil Engineer Assistant H:113569LTILdoc Ar Recorded in the County—of-Orange, Cali `forma Recording requested by, I Gary L. GranvilleIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I clerk/Recorder l � Fee l ' and when recorded return to: I I IIIIIIIIIIIIIIIIII Connie Brockway, City Clerk 005 12057387 ,29990466821 3; 13pm 06/23/99 27 Office of the City Clerk A04 1 6.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH P.O.Box 190-2000 Main Street — --- -- Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) / PLEASE TAKE NOTICE THAT on May 15, 1995,the City Engineer considered the ' subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A),the improvements for public use. C Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 13569. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer,water and storm drain lines with appurtenances. CITY OF HUNTINGTON BEACH This document is solely for The J offlicial business of the Cibj by: City Engineer of Huntington Beach, as contem- Wated under Government Code APPROVED AS TO FORM: Sec. 6103 and should be recorded free of charge. � 31875 .City Attorney_ . T x-Exempt-Govemment Agency CITY OF HUNTINGTON BEACH connie erockwray,City clerk ® uty iv Clerk P 04/02/99 10:30 %T415 894 0248 CHEVRON/TREASURY 2 002/004 • UBS AG Warburg Dillon*J- New York Branch 299 venue Ncw York,iVY 10171 Tel.No.(212)921-3394 Fax No.(212)821.3554 Warburg Dlllon Reed is the Investment Banking dMslon of UBS AG. I NOTICE OF NON-RENEWAL December 7, 1998 BENEFICIARY: City of Huntington Beach j 2000 Main Street 1 P.O.Box 190 Huntington Beach, CA 92648 Re: Irrevocable Standby Letter of Credit No. L/C 003599 For Account of: Chevron Land and Development Company 575 Market Street,5`h Floor San Francisco, CA 94105 Attn:Mr_Andrew Tommerson Amount: US$570,500.00 Dear Sir or Madam, According to the terms of the above referenced Irrevocable Standby Letter of Credit, we have decided not to extend this Letter of Credit beyond the current expiration date of April 28, 1999. Should you have occasion to communicate with us regarding this credit,kindly direct your communication to the attention of Iris Menendez at(212) 821-3394. Very Truly Yours, UBS AG New York Branch Z'J' U uthorized Signature . Xuthorize0egignature UBS 0155 M(REV.ran%) 04/02/99 10:31 $415 894 0248 CHEVRON/TREASURY 0 003/004 ` Duplicate • CULnI�pn,,FBank . }ales Branch 444 South Flower Street land Los Angeles,CA 90071 � Telephone 1213)480-080U Telex MG 8719393 Lb IRREVOCABLE STANDBY LETTER OF CREDIT NO. L/CO03599 BENEFICIARY: CITY OF HUNTINGTON BEACH 2000 Main Street P.O. BOX 190 3 Huntington Beach, CA 92648 E APPLICANT: CHEVRON LAND AND DEVELOPMENT COMPANY 225• Bush Street 0 San Francisco, CA 94104-4289 a By order of chevron Land and Development Company, and on behalf of `s civic center Partners, we hereby issue our irrevocable standby letter of credit no. L/C003599 in your favor for the account of Civic Center Partners ( "Principal—) , 1941 Lake Street, Huntington Beach, California 92648 up to the aggregate amount of USD5700500.00 (AS Currency) available by your sight draft drawn on us accompanied by a written declaration stating that a default has occurred because; s E 1. Construction of the offsite improvements and monumentation on Tract 13569 has ceased for a period of one hundred and o eighty (180) consecutive days and the cessation has occurred g due to acts within the sole control of Civic Center Partners, its assigns or contractors and the City has given written notice to Civic Center Partners that the City will declare a default unless construction resumes within thirty (30) days from such notice. OR 2. Construction of the offsite improvements and monumentation 9 on Tract 13569 has ceased for a period of one hundred eighty (180) consecutive days and the cessation has occurred due to 8 acts or conditions not within the sole control of Civic Center Partners, its assigns, or contractors and; 8 (i) such acts or conditions no longer inhibit 19 construction and An (11) the City has given written notice to Civic center Partners that the city will declare a default unless construction resumes within thirty (30) days from such notice. 8 L/C 1412A-LA 04/02/99 10:31 %P415 894 0248 CHEVRON/TREASURY 2 004/004 �eles Branch ouplicda Uit' n Bank 44-t4 th Flower Street , `r of Snrarerland Loa.Aopelae.CA 90071 Tefephane(213►489,0800 Telex MCI 6719393 I° IRREVOCABLE STANDBY LETTER OF CREDIT NO. L/C003599 page 2 I 3 It is a condition of this letter ( ' 'edit that it shall be deemed s automatically extended without ame rent for one year from the present or any future expiration date hereof, unless sixty days prior to any such date, we shall notify you in writing that we do not intend to renew this letter of credit for any additional period. 9 Upon receipt by you of such notice, yob may draw hereunder by means of your drafts on us at sight accomp hied by your written certification that the aforesaid action i. ' still outstanding . 9 N Drafts drawn under this credit must bear its date and number we engage with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored on delivery of g documents as specified if presented at this office -on or before April 28, 1994 or any automatically extended date, as hereinbefore set forth. E 8 This credit is subject to the uniform customs and,Nprapt,ice for 8 Documentary Credits (1983 Revision) Interna onaltChAmber of $ Commerce Publication No. 400. "s Very trulyiy?urs, UNION BANK OF SWITZERLAND L:O$ ANGELES BRAN p 8 Authorized S gnature Aut zed Sig akui ' 2913MVT � yY Ul r 0 FRO All YIN WWA 1 ;- Council/Agency Meeting Held: Deferred/Continued to: " Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 15, 1995 Department ID Number: PW95-022 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator �— S M. JONES II PREPARED BY: , Director of Public Works 7! SUBJECT: NOTICE OF COMPLETION; TRACT NO. 13569 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status Attachme ail Statement of Issue: Pacific Coast Homes has completed all required public improvements for Tract No. 13569 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Fundinq Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13569; and, 2. Release "Set Aside Letter" No. 09071-222-01217; the security furnished for Faithful Performance, Labor and Material, and Monuments; and, 3. Accept Guarantee and Warranty Bond No. U80 51 20-1203; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bank, Bank of America, of this action. Alternative Action(s): Deny the recommended action. �1 REQUEST FOR COUNCIL ACTION MEETING DATE: May 15, 1995 DEPARTMENT ID NUMBER: PW95-022 Analysis: On November 6, 1989, the City Council approved Final Map No. 13569, and accepted a "Set Aside Letter", the security furnished for faithful performance, labor and material, and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the "Set Aside Letter" pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer, water and storm drain lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. U80-51 20-1203 as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: West side of Lake St., south of Park St. Lots: 81 Acreage: 16.695 Zone: Q-Oldtown Specific Plan (District 2) CD Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number 1 Location Map 2 Guarantee and Warranty Bond No. U80 51 20-1203 0011809.01 -2- 04/28/95 4:19 PM -low A SCALE: NONE YORKTOWN AVE. -2m CIb dmc]b (/) O H.B. 0 CIVICCD CENTER H.B.H.S. z LUTCA AVE. Li 0 =D OF SPRINGFIELD AVE. Y W W < z y Q ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr_13569.dwg 04/02/99 10:30 $415 894 0248 CHEVRON/TREASURY 0 001/004 .• - t • ")lrcasu[y Aepartuicnt FAX Date: Number of pa es ncluding cover sheet: 7To" : From: Post-it'Fax Note 7671 Date par�jeS� To f7 Co.lDop� cr^� Ian '�� 6 Pnone u � � Phone: Fax es F t1 Fax phone: ' S - 9 4. f REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ please comment C. l l -,.L) -. �-. s 42 q -� �- 1 -r ✓, N�,�-J./.-c .'_a���-ter �.G%�'� -� ,lam`- � r• _ � ��•t �,�,• ,B9x.eC t�lo�� ice" L7 15 p, Q- �iCe Notes Office of the City Clerk Huntington Beach, California s City of Huntington"Beach�qcq'.' P. O.Box 190-2000 Main Street cLc ca Huntington Beach,California 92648 c�1s,7t1._YD5 :CH k of: Janelle Case Deputy City Clerk Telephone: (714) 536-5260 } a. Fax: (714) 374-155 G% G Zic4o. .� �zo cze-O-� / / , r 0 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 17, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 13569 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Tract 13569— Pacific Coast Homes (Telephone:714536-5227) r • • Recording requested by, and when recorded return to: Connie Brockway, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190- 2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on May 15, 1995, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 13569. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer, water and storm drain lines with appurtenances. i CITY OF HUNTINGTON BEACH This document Is soleGyr for the aim of`cial business of the City by: City Engineer o'Huntington Beach, as contem- P.at=j under Government Code APPROVED AS TO FORM: "cc- 6103 and should be recorded free of charge. 31875 o .City Attorney r/• � 7� Tax-Exempt-Goverriment Agency CITY OF HuNTIMGT N BEACH Connie Brockway,City Clerk BY: ®Putt' ityr Cleric STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, May 15, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None (City Council) NOTICE OF COMPLETION -APPROVED -TRACT NO 13569 - PACIFIC COAST_ HOMES -W/LAKE STREET S/PARK STREET-A motion was made by Green, seconded by Sullivan, to (1) Accept the improvements constructed and dedicated for public use with Tract No. 13569; and, (2) Release "Set Aside Letter' No. 09071-222-01217; the security furnished for Faithful Performance, Labor and Material, and Monuments; and (3) Accept Guarantee and Warranty Bond No. U80 51 20-1203; the security furnished for guarantee and warranty of improvements, and to instruct the City Clerk to file the bond with the City Treasurer; and (4) Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City treasurer to notify the bank, Bank of America, of this action. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected 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 15th day of May, 1995. Witness my hand and seal of the said City'of Huntington Beach this the 17th day of May, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By g �r� Deputy City Clerk I have received Mai n ananra Rnnd for Tract No. 13569 on behalf of the Treasurer's Office. Dated By:_ Pacific Coast Homes 23 Corporate Plaza, Ste 250 Newport Beach, CA 92660 • d Eff. Date: 04/17/95 • MAINTENANCE BOND Ond No.U80 51 20-1203 Premium: $222.00 One Year Tern UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS, that we Civic Center Partners as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held firmly bound unto The City of Huntington Beach as Obligee, in the full and just sum of One Hundred Eleven Thousand and No/100------------------ --------------------------------------------------------------------------------------- ------------------------------------------------------Dollars.($111,000.00-------------), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra- tors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of Huntington Beach dated April 17 ; 1995 for Guarantee and Warranty of public improvements constructed by Civic Center Partners in Tract No. 13569, City of Huntington Beach WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on 1995 NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year(s) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 28th day of March , 1c,)5 Witness: CIVIC CPMER PARTNERS D. L. O'Connor, Vice President �4r therieee Represeat;a lve Principal UNITED PA IC INSURANC COMPAN By: ry C. Ger an Attorney-in-Fact BDU-2308 ED.7-71 : UNITED PAWIC INSURANCE COMPANO HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Larry C. Gerrman, individually, of San Francisco, California, its true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any,and all bonds and undertakings of suretyship and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the,UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article Vll of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: t ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed,this 20 day of S p� 1993 0 , UNITED PACIFIC INSURANCE COMPANY O � SEAL 1928 •Qq,��_ _.e\. STATE OF Washington Vice President �'�R1rlY1�' COUNTY OF King Iss. On this 20 day of September, 1993 personally appeared Lawrence W.Cadstrom to me known to be the Vice President of the UNITED PACIFIC IN COMPANY,and acknowledged that he executed and attested the foregoing instrument and affixed the seat of said corpora ' ere o, that Article VII, Section 1, 2, and 3 of the By-Laws of said Company,and the Resolution, set forth therein, are still in GR �0��►`SIGN �44_1 A� N NOTE o -� PUBLIC z 7.A 3_05-96 ��Ci Notary Public in and for State of Washington Residing at Puyallup 1, Robyn Leyng, Assistant Secretary of the UNITED PACI NY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said URANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed tb&seal of said Company this,,,'Z day of 19 `15- 1NSUq,�� C!G uoW oitir�ce a o SEAL = Assistant Secretary 1928 SOU-1431 Ed.3/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Ran Franci sco On 03/28/95 before me, Helen A. Weires DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared Larry C. Gerrman , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), , or the entity upon behalf of which the IN HELEN A.WEIRES acted, executed the instrument. COMM.#1000467 person(s) m NOTARY PUBLIC-CALIFORNIA N U SAN FRANCISCO COUNTY N My Comm.Expires Aug.11.1997 I� WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Surety Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 03/28/95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) United Pacific Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 a STATE OF CALIFORNIA ) ss COUNTY OF O R-RA&E. ) r On�� Z 9, 1 1 g S , before me, PRIV)KA, 1...6 0 E re Ott , Notary Public, personally appeared - O' CO N N O P, personally known to me ( )to be the person( whose name(k) is/are subscribed to the within instrument and acknowledged to me that he/she4hay executed the same in his/heMhek authorized capacity(ies), and that by hisAw;:4Wr signature(s) on the instrument the person(-A), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. r RAMONA A.CALDERON COMM.+Y967922 Z z ;'m .p Notary Public-Colifomio KERN COUNTY My comm.expires JUN 15,1996 t Signature This area for Official Notarial Seal NB941050001 2/19/94 Council/Agency Meeting Held: A210,' 610 Deferred/Continued to: tj .Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signa ure Council Meeting Date: May 15, 1995 Department ID Number: PW95-022 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: ITES M. JONES II, Director of Public Works SUBJECT: NOTICE OF COMPLETION; TRACT NO. 13569 E Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status Attachme Statement of Issue: Pacific Coast Homes has completed all required public improvements for Tract No. 13569 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13569; and, 2. Release "Set Aside Letter" No. 09071-222-01217; the security furnished for Faithful Performance, Labor and Material, and Monuments; and, / 3. Accept Guarantee and Warranty Bond No. U80 51 20-1203; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bank, Bank of America, of this action. Alternative Action(s): Deny the recommended action. REQU ST FOR COUNCIL ACTION MEETING DATE: May 15, 1995 DEPARTMENT ID NUMBER: PW95-022 Analysis: On November 6, 1989, the City Council approved Final Map No. 13569, and accepted a "Set Aside Letter", the security furnished for faithful performance, labor and material, and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the "Set Aside Letter" pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks; driveways, cross gutters, wheelchair ramps, street lights,. sewer, water and storm drain lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance -with the approved plans and. specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. U80-51 20-1203 as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 . Title Co.: First American Title Co:, 114 E. 5th St.; Santa Ana, Ca. 92702 Location: West side of Lake St., south of-Park St. Lots: 81 Acreage: 16.695 Zone: Q-Oldtown Specific Plan (District 2) CD Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number _.. _.. _.. .... _............ .. 1 Location Map 2 Guarantee and Warranty Bond No. U80 51 20-1203 0011809.01 -2- 04/28/95 4:19 PM SCALE: NONE 17 YORKTOWN _AVE. 0 U) H.B. 0 CIVIC z CENTER H.B.H.S. z LUTCA AVE. DUF- 0 SPRINGFIELD AVE. to / I Y W W ' Z Y < Q ATTACHMENT NO. 1 L0CAT � 0N MAP • CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr_13569.dwg RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Notice of Completion-Tract No 13569 COUNCIL MEETING DATE: May 15, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) - Not Applicable Certificates of Insurance (Approved by the City Attorne ) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or-Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ........ ...... .. .....__ ....... .... ..._ ......... _... ........ ......... -- ....__ ........ .... ........... .............................. ......_. ..._ . ...... ... _-..... ........ ........ . ..... . . ...... ......... ............... EXPLANATI .:;;N F R ML 1N ATTACHMENTS ... REVIEWED . RETURNED fOR RDED ....... . ...__........ Administrative Staff. ( 1019 Assistant City Administrator Initial City Administrator Initial City Clerk ..................... ... ....... ........ ........ .. .. ........ . ........ ........ ........... .. ........ ........ _ ...... ...... ... .......... EXPLANATION FOR RETURN OF ITEM . . . Only) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES FOR TRACT NO, 13569 THIS AGREEMENT is entered into this 6th day of November 19 89 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, "' and PACIFIC COAST HOMES, a California corporation, 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. 13569; 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 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 -2- 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 Million One Hundred Eleven Thousand Dollars, ($1, 111,000.00) 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 -3- 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 Section 1861, SUBDIVIDER acknowledges awareness of Section 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. -4- 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 to approval of the City Attorney .evidencing the foregoing -5- 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 -6- 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: PACIFIC COAST HOMES A Califor i Corporation W. J nson, Vice President Mayor i . Lo ez Asst . Sec./ Asst . Tres . ATTEST: APPROVED AS TO FORM: City Clerk Z7 Id' City Attorney REVIEWED AND APP V D: NITIATED AlAPPROVED: r City Administrator Directo of Public Works sg -7- FI<u(•1 - 12. 5. 1989 15: 01 P. 1 p ��A������■ ,.n �' '-OF INS RANCE IqC,UC OATS(IA1AlODIVV) i iT■■ ■!_ U 12.-5-89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS hfn 12lrWTS 1I12nAI TYG r GGTIGIi'ATa HPII nFG THIS f FRTIFirATF nnFR NOT AhdFAIII tAItNU Uri AL 1th1 I hit UUVth1Al7t AFI-Ur1UtU OY I Ht:r'ULI41tb HtLUW HOME FED INSURANCE SERVICES ' 51169 KEARNY VILLA ROAD COMPANICC ArronDINC COVEnACE LETTER COMPANY A TRANSAMERICA INSURANCE GROUP i L'f COMPANY � u•ounw ... 1 crrcti . J. M MARTIN DEVELOPMENT IL.EETT R C 40 D 17Trr 0Tn21i;T, QUITE 600 COMPAN COSTA MESA, CA 92627 LETTER Y D COMPANY E LETTER MMMMIN TWIG It TO CGRTIFY TWAT TWG ROLICIGt CIF INSURANC(i LITTGD OGLOW HAVI-i Oraw ISSUED TO THH INSUOrm Aiawn ARn%/F FoR THE mi InY PFRInn INDICATED,NOT1`4ITH11TANnINO ANY MEnIJIRRAIPAIT,TFCM OR r10NnITIf.)kI OP ANY r(1NTRonT OR OTHFR nnnlIAAFAIT'A11TH RFRPFI'T Tn IAIHIrH THIS L. ..l.. ...Sal, _small, .a avaJt•a1/ wa .'.LL TI 111 1r*IRI.I4. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO - POLICY EFFECTIVE POUCT EXPIRATION TYPP nF INRIIRANnP Pnl InY NIIMRPR _ ,,, _ ,,, AI I I IMITA IN TH(TIIAANRB �c6ianALLIADILITV cc)irnAL.nccnrcATr, T COMMERCIAL GENERAL LIABILITY PAODUCTS-COMP/OPS AGGREGATE!$ (•:tl ::CLAIMS MADE OCCUR. ;PERSONAL 8ADVBRTiB;NGINJURY $ i :nWNFR�S R 1:171NTRA6T171R:4 PR(TT FAITH M111,11RRFN(:F $ FIRE DAMAGE(Any oile fire) $ • MEDICAL EXPENSE(Any ono person),$ !AUTOMODILC LIADIL.M' SINGLE $. i ;ANY AUTO LIMIT '..........jail rwmr.-,111-v..... . SCHEDULED AUTOS INJURY S ,L........_c. (Per person) I IHIRED AUT08 BODILY INJURY $ NON•OWNBO AUTOS (Per acctdent) j OAAAae!LIA51LITY JPROPERTY E �. f... DAMAGE. PYftPR4 1 IARU 1TY EACH AGGREGATE OCCURRENCE ;OTHER THAN UMBRELLA FORM STATUTORY I WORKER'S COMPENSATION WCSO6OO2S2 p $ 1000 (EACH ACCIDENT) AND. _ 9._1 a V 9: •,9-1'-9 0 -- a - 1000 (DISEASE.--POLICY LIMIT) . { YIIDI(1YQDsII'I IAQI ITY $ �,O O (DISEASE--EACH EMPLOYEE) 'dWi1dR ^ . •-�,t'��' •renal _. DESCRIPTION OP OPERATIONSILOCATIONS/VENICLES/RESTRICTIONS/SPECIAL ITEMS " CANCELLATION ^• ■11■UL10 J.I P.- 6^.110 J.0■1.10 ■■■MKiWOW A■LI*IW* WE •....IOMLL.■ ■"A■frw a w CITY OF HUN T IN G T ON BEACH ` EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL}(FX4K0?,XQW X[X ATTN ; INSURANCE DIVISION �. (MAIL 3 0 DAYS WRITTEN NOTICE TO THC CERTIFICATE-.HOLDER NAMED TO THt P 0 BOX 711 LEFT.�4CIX�}I 4I ?C4Pk^?� } }44Y�)SC+R��>� 4CI�D14XQIQ: @C HUNTINGTON BEACH, CA 92648 rc���t�€PD57P�x�C+4�cc0I<]�4� AUTHORIZED REPRESENTATiV_ L 1V 17UE- c-ACORD-CORPORATION 1088 CNA Fbr All the Commitments You Make' - �,i Y ' i : = DECLARATIONS - _ T . RENEWAL DECLARATION POLICY NUMBER (FROM POLICY PERIOD __jO I COVERAGE IS PROVIDED BY i AGENCY O' 01414232' 1 12/31/8 --- 12/31/89 ONTINENTAL CASUALTY CO 1067275560 NAMED INSURED AND ESS i AGENT ART_ IN DEVELOPMENT�CO .;: .:.. .. .. INSURANCE WEST. INC: _ " ST,1TTH STREET: S EA TE_''6.0.0_-. 2730 E CAMELBACK COSTA:.- MESA: CA-' 92627 .4 PHOENIX AZ 85016 ITEMI COMMERCIAL GENERAL L"IABILITY COVERAGE PART DECLARATIONS 2. IPOLICY PERIOD: THIS POLICY BECOMES EFFECTIVE AND EXPIRES AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. JIN RETURN FOR THE PAYMENT 'OF THE PREMIUM. AND SUBJECT TO ALL TERMS (CONTAINED HEREIN WE AGREE KITH YOU TO PRCVI-DE THE INSURANCE AS STATED. 3. JAUDIT PERIGD IS ANNUAL 1 '• LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $19000.000 PERSONAL -AND ADVERTISING INJURY LIMIT $1,0009000 MEDICAL EXPENSE LIMIT. — ANY ONE PERSON $50000 FIRE DAMAGE LIMIT — ANY .ONE FIRE $50,000 PRODUCTS—CDMPLETED OPERATIONS AGGREGATE LIMIT - GENERAL AGGREGATE LIMIT (OTHER THAN $100009000 PRODUCTS—COMPLETED OPERATIONS) . 5. (NAKED INSURED IS .A CORPORATION JBUSINESS DESCRIPTION: PRESIDENTIAL HOME BUILDER i _ • (LOCATION OF ALL PREMISES YOU..OMN• RENT CR OCCUPY: SEE ATTACHED SCHEDULE 6. (FORMS AND ENDGRSEMENTS "APPLICABLE AT TIME. OF ISSUANCE: PREMIUM JIL0021 11/85 — BROAD FORM. NUCLEAR EXCLUSION $ ICGO041 05/86 G55157B IL0017 11/85 IL0258 11/86 P55172A IP56013 CG0300 11/85 G59630 1 APPROVED AS TO FORM: GAIL HUTTON, City Attorney Attorney od PRIVATE PROPERTY.WORK ONLY ,(e& �`y AL,., / i u i oroorate Secretary Cnairman of Ine Board Bank of America California Real Estate Industries Group Orange County Office July 31, 1989 City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, California RE: Borrower: Civic Center Partners Bank of America Loan No.: 09071-222-01217 Subdivision Description: Tenantive Tract No. 13569 Allocated Amounts: Monument $15,000.00 Improvement (Labor. and Material): $555,500,00 Gentlemen: We understand that this Borrower and the City,.of Huntington. Beach, have agreed or will agree that Borrower will construct and pay-for'certain�off=site,common area and/or other improvements (the "Work") within the subdivision tract referred to above (the "Subdivision"). The work is described as land improvement offsite work more particularly described in that certain Construction Loan Agreement dated July 24, 1989,_by and between Bank of America and Civic Center Partners. We have made or have agreed to make a construction loan (the "Loan") to Borrower, on and subject to certain terms and conditions in either case, for the purpose of financing the construction of improvements within the Subdivision, including the Work. Borrower has represented to us that the sum of $570,500.00 is sufficient to pay for the cost of constructing and completing the Work. In reliance on our understanding of the facts as stated above, we agree to allocate Loan funds in the amount of $570,500.00 to pay the costs of the Work. We will set these Loan funds aside in a separate account (the "Set Aside Account") and will disburse them from time to time to Borrower at its request, all in accordance with and Subject to the documents and agreements evidencing, guarantying and securing the Loan (all collectively, the "Loan Documents"). We have no obligation to insure that these Loan funds are actually used for the Work, or that the Work is properly completed in' a timely manner according to any required standard of workmanship. Moreover, we make no representation or warranty as to whether the amount of Loan funds being set aside will be sufficient to complete the Work or not. Bank of America National Trust and Savings Association 3233 Park Center Drive 2nd Floor Costa Mesa,California 92626 I City of Huntington Beach July 31, 1989 Page Two If Borrower fails to complete or pay for the Work in a manner which is acceptable to the City, we will disburse to the City the remaining undisbursed balance, if there is any, in the Set Aside Account, for the City to use in diligently completing the Work and paying the costs of it. We will only disburse these Loan funds to the City at the times, and on the terms and subject to the conditions set forth in the Loan Documents, all in the same manner in which we would have made the Loan funds available to Borrower for its use in connection with the Work. We will have no obligation to disburse these Loan funds to the City unless we receive the City's written demand. Our obligation under this letter to disburse Loan funds to the City is subject to any stop notices, tax assessments, levy, attachment, executions, any other federal, state or other governmental requirements to withhold Loan funds, or any other legal process, including any order by a court of competent jurisdiction. This is an irrevocable commitment of Loan funds which is not subject to recall or offset. Please understand, however, that this commitment is expressly conditioned on the closing of the Loan (as evidenced by the recording of a deed of trust of the Subdivision) the execution and return of the attached Consent and Agreement of City, Consent and Agreement of Borrower, as well as the conditions set forth here. Our liability, if any, under this letter will be decreased by the aggregate amount of Loan funds which we actually disburse to Borrower or for its account from the Set Aside Account. Our obligations under this letter will expire and terminate upon the earliest to occur of the following events: (a) recordation of Notice of Completion for Work; (b) the Loan funds being held in the Set Aside Account are completely disbursed; or (c) the original of this letter is returned to us. This letter does not and will not under any circumstances make the City a party or third party beneficiary of the Loan or any Loan Documents. Very truly yours, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By: U x lorence A. O'Donnell Title: Vice President (SBCCPCHB) Consent and Agreement of City The City consents to the terms and conditions of the foregoing letter (the "Set Aside Letter") and agrees to use all Loan funds which may be disbursed to it in accordance with the Set Aside Letter to pay the costs of constructing the Work. The City agrees that it will promptly return the original of the Set Aside Letter to Bank. of America National Trust and Savings Association if any of the following events occurs: (a) the City accepts the Work; or (b) Notice of Completion is recorded on the Work. CITY OF HUNTINGTON BEACH Dated: 11/14/89 By: Ze5:;2 Title: Mayor ATTEST: By i f Title: City Clerk U'y L; (SBCCPCHB) Bank of America I* Place: fie Address: BankAmerica TRADE FINANCE SERVICES, 555 S. FLOWER STREET 8TH FLOOR, LOS ANGELES, CALIFORNIA 90071 O U This refers to our preliminary teletransmission advice of this credit. IRREVOCABLE APPLICANT STAND-BLASB=212123 485IE.C17THH STREET DR► ►na I Y¢lea.s9- ENTER PARTNERS LETTER OF CREDIT N0. COSTA MESA, CALIFORNIA 92627 . DATE OF ISSUE: ADVISING BANK REFERENCE NO.: - BENEFICIARY CITY OF HUNTINGTON BEACH 2000 MAIN STREET P:0. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 AM: DENNIS DATE AND PLACE OF EXPIRY AMOUNT U.S. $1,222,000:00 (ONE MILLION.TWO SEPTEMBER 21, 1990 HUNDRED TWENTY TWO DOLLARS AND NO/100) AT THIS OFFICE IN LOS ANGELES Credit available with BANK OF AMERICA N.T. & S:A., LOS ANGELES, CALIFORNIA by EN sight payment 0 deferred payment =acceptance SIGHT drawn against presentation of the documents detailed below wind your draft(s)at drawn on DOCUMENTS REQUIRID: A WRITTEN DECLARATION DECLARING A DEFAULT HAS OCCURRED BECAUSE: A. CONSTRUCTION OF THE WORK HAS CEASED FOR A PERIOD OF SIX (6) CONSECUTIVE MONTHS AND THE CESSATION HAS OCCURRED DUE TO ACTS OR CONDITIONS WITHIN THE SOLE CONTROL-OF-CIVIC CENTER*PARTNERS,—I-TSASSIGNS OR CONTRACTORS. B. IN THE EVEN0,SUGH;;CESSATION OCCURRED,ASVA RESULT F;O ,ACTSrOR CONDITIONS NOT WITHIN THE�,SOI'E�CQNTROL OF CIVIC4 GENT PARTNERS�gsA eMIN'IMUM,OF THIRTY (30) DAYS HAS 2PASSEDtSINCE: (i) SUCH„ACTS :OR CONDITIONS NO�LONGER INHIBIT CONSTRUCTi0N,3ANDII( i) THE CITVHAS-,GIVEN WRITTENtNOTICEYTO CIVIC CENTER PARTNERS YTHAT-0-,CITY ,WILL DECLARE NOT>AuDEFAULT UNLESS- CONSTRUCTION RESUMES WITHIN THIRTY{{ (30) DAYS FROM SUCH ICE I }L ? ndm N, L 7 S xi. .a C. THERE ARE�NO'FURTHER FUNDS FROM WHICH THfi CITYz CAN COLLECT IN ACCORDANCE WITH THAT CERTAIN SET ASIDEYLEiTERYDATED=sIULY31'; 1989T I •L' e•b �' s'FS � '7-- C ',f'r` t:r. i�'�-Yam•-r+y�-jS -= All We hereby issue this Documentary Credit in your favour. It is subject to the Uniform Customs and Practice for Documentary Credits,1983 revision.ICC Publication No.400,and engages us in accordance with the terms thereof.The number and the date of the credit and the name of our bank must be quoted on all drafts required. If the credit is available by negotiation, each I presentation must be noted on the reverse of this advice by the bank where the credit is available. All documents to be forwarded in one cover,by airmail,unless otherwise stated above.Negotiating bank charges.if any,are for account of beneficiary.The advising bank is requested to notify the credit to the beneficiary without adding their confirmation. This document consists L� ',P�_; An Ub UTHORIZEG of signed page(s) --- — — _ OFFICE( `�✓�, AUTHORIZED COUNTERSIGNATURE AUTHORIZED SIGNATURE _ ..a:c!;jii,. FX-13!1 3-87 Bank of America Place: Fable Address: BankAmerica • TRADE FINANCE SERVICES if5655 555 SOUTH FLOWER ST., 8TH FLOOR ❑7 AMENDMENT TO OUR IRREVOCABLE APPLICANT CIVIC CENTER PARTNERS LETTER OF CREDIT NO. LASB-212123 485 E. 17TH STREET COSTA MESA, CALIFORNIA 92627 DATE OF ISSUE: OCTOBER 5, 1989 ADVISING BANK REFERENCE NO.: -_ BENEFICIARY - CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTING20N BEACH, CA 92648 This is amendment number 1 and is to be considered as part of the above mentioned letter of credit and must be attached thereto. At the request of the applicant we advise you that the above mentioned letter of credit has been amended as follows: 1. UNDER DOCUMENTS REQUIRED, ITEM A CHANGED TO READ: A. CONSTRUCTION OF THE WORK ON TRACT 13569 HAS CEASED FOR A PERIOD OF SIX (6) ONSECUTIVE MONTHS AND THE CESSATION HAS OCCURRED DUE TO ACTS OR CONDITIONS WITHIN THE SOLE CONTROL OF CIVIC CENTER PARTNERS, ITS ASSIGNS OR CONTRACTORS. ALL OTHER;TERMS AND CONDITIONS REMAIN THE SAME. r J t - " 5-- i The above mentioned letter of credit is subject to the Uniform Customs and Practice for Documentary Credits, 1983 revision, International Chamber of Commerce Publication No.400. This document consists /�/1,y ��- /+�'Y CARLOS of signed pages) /�' 4L �/ AUTHORIZED t7FFICEiF .1"�" C.,,. ��— AUTHORIZED COUNTERSIGNATURE -� AUTHORIZED SIGNATURE l Please examine this Instrument carefully. If you are una^le t0 comply with the terms or Conditions. please communicz e •:.,.r " v ; arrance for an amendment.This procedure will facilitate prompt handlin,when documents are precen;ed. Fx-1312 4-87 - ^ERTIFICATE OF INSURANCE. r � '?itl::1wY iflcete is } fe.uP�e a; matter .of InfarmRUi � sD} y and c nf � r_ na r ights'- W. bd cer# �f7c�t L,haf�er.` tiffs' cart 10kta call amcnd�::• axt l�d�0 aItsr, th`a° eYr.rILa ipfforOed "by ttDv PO4 cl0*i -lifxItd below . *_t-i v A -- NSA - r .,^ - ►`]'rr H:0s:•D+Y�t..MS r,,,.•M�HM•j�; l ,•. v`rY• - ' rl Inliiurnr- 'Wew' 1nC. N r_tter Ro '�to`x't'a� t a ck' fto a.d 7 P C,�lAS AZ, ft"1Q. d .r...�: A t C .C � `�P� TRH ' Ott fit.4:t r �, _,,S t� �t,:'tt:`a: d' ! ,•r•. t Y► ��'�,�y•. C .: (� ,G, nter Partners ,_ I t-attgr A �. �y' f ►'i� �•: iw:r,tln Aevelope►ant A7th~' S•. reet,: Su b00 S • •hatter + ' 4`4' TM�„MRxay•!" CA" '92� 7• �".',-' r �`� . +% :'.r" •.W /. �} ` •,'} s .t °.:c .r.t i.fy: that .'f+at.Z c lipa t, lntur 'nce I J,tti d t+e 0, tiavp' l���n ' i" :red to'Po r.r. . . . s��ourq;,d', named "�ti vr�" f�or4; a. pai icy; p . ar. }.od_'. I_ha:l c; tPd a..,.,N0twj th�tand i ng any; trFme�+ , , terns a� condition `t�f any •c0ntra ct'•.,or c,ttler daciIment V th re ect :at+ ` tlis certlf icato; may br► I-aslind cat` may p?rtains tha 1nIt«r' 1nca affo'rde4 ,dt had'. tiere +•n- 4j; K't,tijrct; t•a s ri t�►e tarmfR t. ¢w- k$* i on I* a#!d eorid {•t'1'onw : of a-uch 'pollcie,; LImItt .hown may have boon reduced by f`aid elaIms . --COVERAGES--.-- -- --------- -� ---... __---- -- --- y. f'otn in fh+ousandb t•r.. `'+ na fir ancn . trPfectivf:, k:xpirat o �`��:�'��-�;-♦»;V< E;•HpLRAt.�$rt,t Bt-Y-kf.1T�' �q-� ��., .�f•`�_� -......-._-,.1.�--=s_ p����-�,. _•_-�e—_y-• .:- i..;-._►1 •.•/t �L G'm m P-� C -i1_1—L��� �17. .mo-1zi1=F-^1-a��r� EIr�L'_��Y.ti��.Y/�J_Et ? Claims ma do !}rd f�+�r,fl0�,. A99 -00 we-sitrrr rc� i`c ; fi n.i i 1 , GC70 IL1 w n�?f',.'i.,, C.o r,t r. --• AUTCO13Ylt; t. 6AB3t iTY r.�. . _ -- -- ------- --•. . - --- ( ? Any Autry —;:, .',, ..;.•..�: t.� ,�. ...:, . �.. ... .�.. ;GCS, -- I_ A ) A I f nwr++: d 8 . 4 . /Pers0n (. , ) .,Scheduled I' . ia /lircidr- rtt t ) Non -•Owned t 1 Garage Llab -t=lR6ft.�ICY --- -- ----------•------- --w-- - --- _� . -- - - ----_----. __- __:_. G l I('7 G 1-1 1 4 2,,3,4 1 c 1 . 1 %8 E: 1 c:,' . 1 J r;7- ^r'��Y�%' <rt�►_;� �t� (; ) O .T .". tlnbrPI I COMPENSATION - t• ' � •: y\yl l 'Y• , _ :.•� .•r;•, :_ . ,..,, .,, - .t-`.� ..,.��-- :. :' -� , t. k0ploy ,as' .Llab, Each Arc•fuent Di �asalEv >iESCft :P,,.T[f�iy �j npe.r t_tan �trocat.ion"stVrhirl.e ,lRnstr�l:tt9:an ,l peciat Items t Rib rfihc :a : ConFBl,r ��yog:[ 85' 1i�n�) l�r•,yarol tYw_ t�yic,nl'aa,f . p J,�.��-L r.I_? ItJ.T.y.\ /.�,5:aY 6'.T'•11i4' 4.+ �, t.d �.,v "yt-...,..+ti ��••��•• YY wryy....+7 ;Y�(_.�.+(�,4-•- •�{yA-+••'��•, aA.`.�^y{.+. _:.F F; .}.�-['� •�_�-/—pi:s.• q -•�`7r _„ •1V L,-raa; _ -A.I• -,•'';;i:,, ti• ^,�'.;�,�'� :..��A C:u L.lD.�E` F�4�4•-•ia ��'j i 4"l�C�"�-fl1'L�s-..��--. �'i1 Fr�t -a-L-f i`��L�-4�':i��-�'1•�-� `_ S�':,_�r ,.:� .r .+:A, ��� 4 1l .tom:^ Y -. 4 � 'F. 1r � -.Y.v- - 1.tiy'�• CPL---ATj0Na >` :� �ShaLict .��y .of the �alb4vrt," �fa�x ib`e;:d:'�a1 tG.te bh nt.cl L ', R. 1 H `...;t.h J + f".•Y, ,a '•-`,µ. : '`are• +kites e'rt i'r:�[ i �,n dp't+er+: fy a` " br 1 '� lr� �acn +�.ri ehd.c or 7,z=, t0",t,EA`:''�"�•r�`if:l.c,a �P _t�fs7,dar 'tia�i�d`; t�'� oa IW r ^ but frt;i } ure. oce. _ .that l .m; ,. e� r+a:' ...on�t �a�, J�IJ 1'# ahi l I t:y� af- any kl �d ;i�trti thQ _m anyy t1;s° a r'nte at rapresantativer. t- "y O>i'A It IC���. Ft al;i��l� Sni�ta. 'R� i AS.. pR•� tYFq�',y �(:!1'. - r - '" h• .1�t..e f..•i. ,', `t':"' �.•..1]j1 4I '� y x 7 V'- T i7? : 1 1 .x• ,• ., ( _ z �v..•r, T:�• _ i.t•' w� r 1•' 92643 ' i'M [' vvM d.:- rl. • / ..r.� 'T, �.. !. } _Uw- AuL}I C•r-t z oU ty epYE serrt8tive . 1A.Y 5 - 8 F= R I 1 S 1 0 -J _ M MART I ha P 1 S-T-A-N•D A R-D—WO-R K-E-RS '' C 0V P-EN-S A-'T-TAN—A.N.I3—E M P L O-Y-E R S ' -I-A E-1_L I=T-Y� Transamerica INFORMATION PAGE I insurance Services REPLACING NO. : NEW POLICY NUMBER : WC 60600060 TRANSAMERICA INSURANCE COMPANY - Agency Code : 658020 AGENT : HOME FED INSURANCE SERVICES Branch Office Location : SAN DIEGO , CA . SAN DIEGO , CA . - --- - -- -- - -- - - - -- -- -- - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - Item 1 . Name of Insured and Address : J. K. MARTIN DEVELOPMENT CORP. 3919 WESTERLY PL . #100 NEWPORT BEACH , CA. 92660 Insured is : CORPORATION Other workplaces not shown above : Item 2 , Policy Period -8-8 T C9-/bif-i-9-89 12 . 01 A .M. standard time at- the in5ured ' s mailing address Item 3 . Policy Coverage .A .o_rf�kers ' C�mpe_n-s-adon��nsu-ra-nce� Part One of the policy applies to the Workers ' Compensation Law of the states listed here : A R I Z O N A EAL.I_F 0-R tv_L S . Employers ' Liability Insurance : Part Two of the policy applies to work in each state listed in item 3 .A, The limits of our liability under Part Two are : B o d i l y I n i u r y y—A c-c-i-den t$-1 ,0-0.0 0.0.0--o_a_t_h—a c e_f�! n t+ B o d i l y I n j u r y <b-y—D-i-s_e-a s-e --$_1-,-0-0-0--0-0-0-1 -p o_l C . Other States Insurance : of th.e policy applies to 'the states , if any , listed here : All states except Nevada , North Dakota , Ohio , Washington , West Virginia , Wyoming , and states designated in Item 3A of the declarations . 0 . This policy includes these endorsements and schedules : WC040301 WC040360 WC040331 WC040336 WC040337 W17155 ITEM 4 . CLASSIFICATION OF OPERATIONS PREMIUM BASIS PATES - - - - - -- - - - - - - - - - - - - - - SEE EXT£NSIOty' F'ORI� (S) -h'15202- AT`�'ACHED - - - - ' - _ _ _ MANDATORY C . I . G. A . $ 23 . 76 Minimum Deposit Estixated Total Premium S 1 , 111 Premium S 2 , 974 Annual Premium $ 29 , 741 $ 2 , 997 . 76 TOTAL DUE AT INCEPTION ----- - --- - - --- -- _-- - - --- -- - - - -- - - - --- - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - If - indicated below , interim adjustments of premium will be made ( ) Semi -,Annually ( ) Quarterly (XXX) Monthly ' w STANDARD WORKERS ' COMPENSATION AND EMP"L.OYERS ' LIABILITY Transaaer�ca EXT>~NS I OS�! , II! ' Insurance Services EXT EN a I-ON PAGE rr�,IMBE:__-��C 80600060 r""' zj ITEM 4 . The premium for.is policy will be de.term.0d by our Manuals of Rules , Classifications , Rates and Ratinq plans . All information required ` below is Subject to verification an-.d change by audit . CLASSIFICATION OF OPERATIONS PREMIUM BASIS RATES a ---- - --- - -- -- -- - - - -- -- -- - -- - - - - --- - - -- - - - - - - - -•- - - - - - -- - - - - - - - - - - - - -- - - - - - - -•- - - - - - Entries in this item , except as specifically provided elsewhere in Estimated Per $ 100 Estimatet this policy do not modify any of the Code Total Annual of Remu- Annual other provisions of this policy. No . Remuneration neration Premium ARIZONA CONTRACTOR - EXECUTIVE SUPERVISOR 5606 79 , 649 2 . 84 2 , 262 SALESPERSONS - OUTSIDE 8742 121 , 980 . 81 988 CLERICAL OFFICE EMPLOYEES NOC 8810 23 , 713 . 47 ill BUILDINGS NOC - OPERATION BY OWNER 9015 43 ,724 6 . 92 3 ,026 EMPLOYER' S LIABILITY INCREASED LIMITS 9812 ( 6 , 387 ) . 0200 1.28 PREMIUM DISCOUNT . 0063 ( 6 ,515 ) 393- EXPENSE CONSTANT . 0900 60 CALIFORNIA CONTRACTORS- -CONSTRUCTION OR ERECTION- - 5606 120 ,000 4 . 96 5 , 952 EXECUTIVE SUPERVISORS- -EXERCISING SUPERVISION THROUGH SUPERINTENDENTS AND FOREMEN- -NO DIRECT SUPERVISION , SALESPERSONS- -OUTSIDE. 8742 229 , 368 1 , 38 3 , 165 CLERICAL OFFICE EMPLOYEES- -N .O . C . 6810 295 ,884 . 78 2 , 308 J CONTINUED ON NEXT PAGE -- -- —----- s a - F F I 1 1 1 1 J --'1=---r1 R T I F-4 P _ 4t 12 — + INSTRUCTION SHEET FOR POLICY REPORTING Yransaar��a Insurance ServiceS POLICY; 80600060 EFFECTIVE: 09/01/1988 I .�O NOT SEND THE DE*RATION PAGE AND SCHEDULE 01-NCCI . The reporting Of the New and Renewal declaration page and schedule have been reported to NCCI via magnetic tape for the following states : ALABAMA GEORGIA MAINE OKLAHOMA ALASKA IDAHO MARYLAND OREGON • ARIZONA ILLINOIS MISSISSIPPI RHODE ISLAND ARKANSA$ INDIANA MISSOURI SOUTH CAROLINA COLORADO IOWA MONTA NA SOUTH DAKOTA CONNECTICUT XANSAS NEBR.A,SKA TENNESSEE DISTRICT OF KEN'TUCKY NEW ,FIAMPSHIRE UTAH COLUMBIA LOUISIANA NEW MEXICO VERMONT FLORIDA VIRGINIA II . DO NOT SEND THE DECLARATION PACE -AND SCHEDULE TO NCCI if the following states have also been INTERSTATS Rated ( Identified on the Underwriting Worksheet - 17702 Form) HAWAII MINNESOTA NORTH CAROLINA WISCONSXN MASSACHUSETTS NEW YORK xf:xAS III . Send to NCCI these policy forms if attached to the policy: A. Anniversary Rating Endorsement - Form #WC127 or WC000402 B. Additional Named Insured Endorsement _ Form #13034 C . Additional vocations of Operations Endorsement - Form #13034 D . All endorsements processed: after the issuance of the policy. E. Notice of Cancellation or Nonrenewal F . Cancellation G. Recession of Notice of Cancellation H. Notice of Reinstatement.. IV . For Independent Bureaus , refe'r` .to your current reporting procedures . The Independent states are : CALIFORNIA MASSACHUSETTS .NEW JERSEY PENNSYLVANIA DELAWARE MICHIGAN NEW YORK TEXAS HAWAII MINNESOTA NORTH CAROLINA WISCONSIN V. This procedure DOES NOT replace the Industrial Commission .filings , RETAIN THIS INSTRUCTION SPEET IN YOUR POLICY FOR FUTURE REFERENCE. -------------------------------------------- ----------------------------------------- ri6:4y — _ — D FF: I 1 _ _ 1 _r _ r-1 _ rlf-4R -r I M P 4� T I STANDARD WORKERS ' COMPENSATION AND EMPLOYERS ' LIABILITY rIransamerica EXTENSION Insurance ServiCeS EXTENSION PAGE 2 POLICY NUMBER: WC 80600060 - �!�w ITEM -4t- The premium for Ws policy will be deteirmi49 by our Manuals of Rules , Classifications , Rates and Rating Plans . All information required below is subject to verification and change by audit . --- - -- - - - -- ----- - - - - - - - - - - - - -- - - - - - -- - - --- - - ---- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - CLASSIFICATION OF OPERATIONS PREMIUM BASIS RATES ------- - - - -- - -- - - - -- -_ - - - - - --- - - - - - -- - -- -- _ - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - Entries in this .item , except as specifically provided elsewhere in Estimated Per 3100 Estimated this policy do not modify any of the Code Total Annual of Remu - Annual other provisions of this policy. No . Remuneration neration Premium BUILDING OPERATION- - INCLUDING JANITORIAL 9015 156 ,000 11 . 11 17 , 332 SERVICES , CARE, CUSTODY AND MAINTENANCE`;, OF PREMISES . WHEN LODGING IS PROVIDED BY THE EMPLOYER , THE TOTAL REMUNERATION SHALL- INCLUDE THE MARKET VALUE OF SUCH LODGING TO THE EMPLOYEE. FLATS , APARTMENTS , OR MULTIPLE DWELLINGS HAVING POUR OR MORE UNITS A'RE. SUBJECT TO A MINIMUM PAYROLL OF $ 2 ,006 '. PER ANNUM FOR ONE LOCATION AND TO A MINIMUM OF $ 1 ,000 FOR EACH ADDITIONAL.:,.',".., EMPLOYER' $ LIABILITY INCREASED LIMITS 9812 ( 28 , 757 ) . 0200 575 EXPERIE14CE MODIFICATION. . 810 .9898 ( 29 , 332) la 5 , 573- MANDATORY C . I . G .A: ( 2 . 375 X 10 . 00 - $ 23 .76) i T 1 Cara REQUESPOR CITY COUNCIL CTION Date February 19, 1991 � Submitted to: Honorable Mayor and City Council Submitted by: - Michael T. Uberuaga, City Administrator W Prepared by: r-L� APPROVED HY CITY COUNCIL ouis F. Sandoval, Director of Public Works Subject: Tract No. 13569 Faithful Performance Bond Amount Reduction C TY G ERH Consistent with Council Policy? [ ]Zes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: 6k STATEMENT OF ISSUE: Pacific Coast Homes, has completed constructing a portion of the public improvements for Tract Number 13569 and is requesting a reduction in the amount for the Faithful Performance Bond. RECOMMENDATION: 1. Accept those completed improvements dedicated for public use. 2. Release the letter for credit for the amount of $1,111,000 (original Faithful Performance Bond amount). l 3. Accept the Faithful Performance Bond Number 4698 (amount $183,282) in place o `" original . _• _,,f�, 4. Instruct the City Clerk to notify the developer and the City Treasurer to notify the Q�� bank of this action. ANALYSIS: Subdivider: Pacific Coast Homes, 2120 Main Street, Suite 260, Huntington Beach Engineer: Walden and Associates, David L. Walden, R.C.E. 19402 Lpcation: Immediately south of the Civic Center generally bounded by Utica Avenue to the south, Seventeenth Street to the northwest, Yorktown Avenue to the north, and 170 feet to the east of Lake Street. Acreage: 16.695 acres Lots: 81 No. of.Units: 80 Zone: (Q) OTSP #2—CD General Plan: Medium Density Residential ATTACHMENTS: Sectional District Map Guarantee and Warranty Bond Number This tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. MTU:LFS:ASB:dw PI O 5/85 PLANNING _ .:m a SECTIONAL DISTRICT MAP ; 2-6- II U W> yGLC IN iCET �2 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP GARFIELD AVE. I ya�yy,� J I � I I "- "hl / / - _I I I I - I I I L y '• '2 °c c�� J 1 yam' 'b CLAr AVE. �q D9 owEN AVE. N c nEi nno AYE M Jawe cp WILLIAMS AVE. uj o uj 0 1z' .._ , j I I YORKTO'Ati �--'}°w.-mY Y C;,_, � 'AVE. CF-C CF-E j iPopN ST (iiU":�:`.':"iF:Di:i:i:�i:iF:i::!:1iE:cF::;:::i::::•:.) WICHITA AVE. �® FlAc ►ECT CA om JAY CR l; VENICE AVE. -� j -�UTI 4 ji b i AVE. C F-R TQ�� ®� J 0A a a5wm op.J SPRINGFIELD AVE ED - v r N DR 'lam+ U ,$•• �__, �c'r qMy, w 2 Nt ROCNESTEF OF i AVE.¢ Q Q !I i 90m 3 c 1 w fir�6�� �� Imo- ��r� r ADAMS - - AVE. • IMIN It "NU, 469" : 4 Plt}:t\1JUtvt 1, ..00 FAf'1'!]f°UL 1'P:1Z1 UIsMANCE 13OND WHEREAS, the City Council of the City of Huntington Beach, State i of California, and Civic Center Partners i (hereinafter designated as "Principal") have entered into an agreement whereby i principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as b" project Tract #13569 is hereby referred to and made a part hereof; and WHERMI,'-, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement, I. N ow, therefore, we the principal and Pacific States Casuatly Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter .alled "City", in the penal sum of One Hundred Eight Three Thousand Two Hundred Eighty Two and No/100--------------- dollars ( 183,282.00 ) lawful money of the United States, for the payment of which =um well and truly to be made, we bind I ourselves, our heirs, successors, executors and administrators, jointly and i. 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 tiiercof made as therein provided, on his or their part, to be kept and performed t. at the time and in the manner therein specified, and in all respects according to q their true intent and meaning, and shall indemnify and save harmless "City", its t: officers, agents and employees, as thcrem stipulated, then this obligation shall beconic• null and void; otherv:ise it shall br and remain in full force and effect. 1 �•t;: / C ' L � I • Faithful Performance Bond Page Z A. 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 F. 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, 19th day of September 19 90 Civic C.Pnt-p artnarG as Principal By� . B Pacific States Casualty COMDanv as Surety e By 4iott t aster, Attorney-in- act 6 13y BOND NO. 4698 The Premium for this Bond is: 1,466.00 APPRO`,-EO AS ?O 7O ,g GAIL EUii0:i, City Attos,-t. v By: Deputy City Atto_ney 2-s'�i POWER OF ATTORNEY OF PACIFIC N° 56685 STATES CASUALTY COMPANY NOTICE: 1. .All power and authority herein granted in any event terminate on the 31 st day of December, 1993. 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 blank ink the signatures are in red ink and!his notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint ELLIOTT A. PFLASTER the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-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. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984. 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 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 Assistant 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 Attorney orcertificate 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 WITN ESS W HEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. �PIts C4& 9 LL y=°P P oq A ATTEST K PA T AT€S CASUALTY COMPANY FEB.1, o n r u o c+ \ A 1993 � By By V Bruce E.MacKenzie Esther R.Lowy,Secrets STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,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 Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL Signature �J `�� NOTAGA RY PTANI BLIC P CALIFORNIA Notary P blic LOS ANGfIES i3OUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY 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 resolution of the Board of Directors of said corporation 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 Los Angeles,California,this 19 day of September .1990 lEB c"s o I PACIFIC STATES CASUALTY COMPANY y�GOPP OR�19f< U ///��� iz i FEB.1, C n , 6 1 6 1982 P D By 141� — PN`� PSC-S-101 (4/90) Esther R.Lowy, ec is . STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) 1 On > v' 0 �+^ 199y, before me, the undersigned a Notary Public in and or said State, personally appeared D.L _ , known to me to be the V1LE-pA-e3Lor*J7 and K_A- known to me to be the of PACIFIC COAST HOMES, the corporation that executed the within instrument and personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument on behalf of said corporation, said corporation being known to me to be a General Partner of CIVIC CENTER PARTNERS, the California general partnership that executed the within instrument and acknowledged to me that said corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors as a General Partner of CIVIC CENTER PARTNERS, a California general partnership, and acknowledged that such general partnership executed the same. WITNESS my hand and official seal. •°••, OFFICIAL SEAL : CHRISTINE HORROCKS Notary Publ"alffomle ORANGE COUNTY _ _ ��_--- My Comm.Exp.Feb.20,1993 Notary Public in and for said State Co v V1c L I VVI PACIFIC COAST HODS 2120 Main Street, Suite 260 • Work� RECEIVED Tr .EERs Huntington Beach, CA 92648-2499 �D (T3Gnn+s'-y- 0 L °�(adY►1 �F (714) 536-8917 September 1 , 1988 Qr), OF H Honorable John Erskine, Mayor C>>-y COUNCIL TON 8FAC Huntington Beach City Council OFFICE H 2000 Main Street Huntington Beach, CA 92648 Subject: Civic Center Master Plan _ In May 1988, Pacific Coast Homes submitted development plans and entitlement applications for the vacant property located southeast of the Civic Center site (reference Zone Change 88-13, Tentative Tract Map 13569, Use Permit 88-32, and Environmental Assessment 88- 20) . The subject plans and applications were submitted following some six months of ongoing meetings with City staff and preliminary residential site planning and engineering by Pacific Coast Homes. The residential project as submitted anticipated the closure of Seventeenth Street and reconfiguration of the site via an equitable exchange of abandoned street areas and fee land. The land exchange was intended to provide additional acreage for expansion of Civic Center parking facilities, and the resulting 104 lot subdivision was designed to orient single family homes to Lake Street, Pine Street and an extension of Park Street. Architectural design, floor plans, and elevations for the proposed subdivision have been submitted, reviewed, and approved by the City's Design Review Board, and preliminary design of street and utility improvements has been completed. The Subdivision Committee on July 19 continued consideration of the project pending completion of the Civic Center . Master Plan. Upon review of --the new -Civic .Center Master Plan, however, it now _- appears that the City may need to acquire additional land to satisfy its long range construction plans and associated parking needs , which would result in the loss of nine lots (approximately one acre) from the residential project. The subdivision must also be redesigned to maintain existing Seventeenth Street between Park and Pine Streets in accordance with the Civic Center Master Plan. Pacific Coast Homes has reviewed and supports the Civic Center Master Plan as proposed, and agrees to revise Tentative Tract Map 13569 to conform with the Master Plan in order to expedite processing and approval of the residential project. In making these revisions, it is our understanding that your support of the Civic Center Master Plan includes an endorsement of the concept of Honorable John Erskine, Mayor September 1 , 1988 Page Two abandoning portions of existing streets and acquisition, via an exchange or other legal means, of the land necessary to accomplish our mutual planning objectives. We appreciate your timely consideration of the master plan for this site and are anxious to proceed with final design of the residential project. Sincerely, W. D. Holman cc: Paul Cook, City Administrator Mike Adams, Director of Planning REQUEST FOR CITY COUNCIAC ON -DPLID Date January 7, 1990 Submitted to: APPROVED BY CITY COUNCIL Honorable Mayor and City Council .' \\ Q' Submitted by: Tv �- .2 19 Z[ Michael T. Uberuaga, City Administrator` r X Prepared26- by: Louis F. Sandoval, Director of Public Works iT L�xx Subject: LAKE STREET STORM DRAIN REIMBURSEMENT p Consistent with Council Policy? [X] Yes [ ] New Policy or Exception co .� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: A reimbursement of $45,230.00 is due Pacific Coast Homes for the construction of master planned storm drain facilities in Lake Street, south of Yorktown Avenue. RECOMMENDATION: 1. Approve the requested reimbursement from drainage funds. 2. Authorize the Director of Finance to transfer funds from the unappropriated drainage fund for this purpose. ANALYSIS: As a condition of development for their Civic Center Estates project (Tract No. 13569), Pacific Coast Homes agreed to construct a master planned storm drain line in Lake Street from Yorktown to Utica. This facility has been completed and dedicated to the City. In that it is our policy to reimburse developers for the construction of master planned drainage facilities, just compensation is now due. Pacific Coast Homes should be repaid for the items detailed below: 1. 170 ft. of 21" R.C. pipe @ $37.00/LF = $6,290.00 2. 670 ft. of 24" R.C. pipe @ $39.00/LF = $26,130.00 3. 95 ft. of concrete encasement @ $38.00/LF = $3,610.00 4. Two (2) junction structures @ $4,600.00 Ea. = $9,200.00 The total reimbursement due the builder is $45,230.00. Reimbursement will be made from the drainage acreage fees paid by Pacific Coast Homes at the outset of development. These funds were collected on cash receipt number 487763 (June 5, 1989). FUNDING SOURCE: Development (Drainage) fees now on deposit in the unappropriated drainage fund (G-SM-3-01-01) to be transferred into an expenditure account established for this purpose. ALTERNATIVE ACTIONS: Deny the recommendation and do not reimburse the developer. ATTACHMENTS: 1. F.I.S. ' 3 2. Area Map LFS:JS:lb / 2692g/3 PI O 5/85 REQUES111FOR CITY COUNCIACTION Date January 7, 1990 Submitted to: Honorable Mayor and City Council 'l Submitted by: Michael T. Uberuaga, City Administrator 1•` v Prepared by: Louis F. Sandoval, Director of Public Works Subject: LAKE STREET STORM DRAIN REIMBURSEMENT Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: A reimbursement of $45,230.00 is due Pacific Coast Homes for the construction of master planned storm drain facilities in Lake Street, south of Yorktown Avenue. RECOMMENDATION• 1. Approve the requested reimbursement from dram age funds. 2. Authorize the Director of Finance to transfe�'funds from the unappropriated drainage fund for this purpose. ANALYSIS: As a condition of development for their Civ c Center Estates project (Tract No. 13569), Pacific Coast Homes agreed to construct master planned storm drain line in Lake Street from Yorktown to Utica. This facility/re6lopers h s been completed and dedicated to the City. In that it is our policy to reimburse d for the construction of master planned drainage facilities, just compensatio, is now due. Pacific Coast Homes should be repaid for the items detailed below: 1. 170 ft. of 21" R.C. pipe @ $ .00/LF = $6,290.00 2. 670 ft. of 24" R.C. pipe @ 9.00/LF = $26,130.00 3. 95 ft. of concrete encase ent @ $38.00/LF = $3,610.00 4. Two (2) junction structur s @ $4,600.00 Ea. _ $9,200.00 The total reimbursement d e the builder is $45,230.00. Reimbursement will be made from the drainage acreage fee paid by Pacific Coast Homes at the outset of development. These funds were colled n cash receipt number 487763 (June 5, 1989). FUNDING SOURCE: Development (Draina• e) fees now on deposit in the unappropriated drainage fund (G-SM-3-01-01) to g e transferred into an expenditure account established for this purpose. ALTERNATIVE ACTIONS: Deny the recommendation and do not reimburse the developer. ATTACHMENTS: 1. F.I.S. , 2. Area Map LFS:JS:lb 2692g/3 Plo 5/85 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To MICHAEL T. UBERUAGA From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject REQUEST FOR APPROPRIATION Date DECEMBER 24, 1990 TO ACCOMMODATE LAKE STREET STORM DRAIN REIMBURSEMENT FIS 90-48 As requested under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed reimbursement to Pacific Coast Homes for their construction of a master planned storm drain line in Lake Street from Yorktown to Utica. Anticipations are that an appropriation of $45,320 would be adequate for this purpose. An affirmative response by the City Council would reduce the balance of the City' s Downtown District Drainage Fund to $541 CRWE RT J. Deputy City Administrator WPADSERT:49 PLANNING Adlbk W A Q1 P SECTIONAL DISTRICT MAP- 2-6- II E w SC4C IN IFFYT �� Z CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP GARFIELD AVE. I I I -' �•1 ! j I z 1 t j ] nr'. 5 �oiuVZy N i� r W N J CLAY - - ' V AVE. Y � 1 Oq=• AVE. _:...: .... 4 ! 1('],� q CP MIL':NS AVE.EE - Z '• buy.. ..•✓:• �, ���„ ,-, _.. r W 0 I a _YpM v YORKTOWN Cs - AVE. CF-C CF-E I j W PARK Si JAT C�R VENICE AVE. TI q AVE. i C F-R TORONTO AVE. N 0 9 11 SPRINGFIELD ®® AVE. �•� 9 a �Z®1� �� §•TgMgR OR t) • ? �4is usi Z aUJI RO ESTER i AVE. aO Q •8' d., Lr l a ED g ADAMS AVE. i I-AKe 9r 51'01'rA-DrAi0 gWieft`6:10'.j IehKTo�r w1 Tb wriCp, .. � SST ^ MERIC • First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA,CALIFORNIA 92702 • (714) 558-3211 December 22, 1989 City of Huntington Beach 2000 Main Street Huntington Beach, CA Attn : Armando Brizuela Engineering Department Your No : `Tract No. 13569 Our No : OR-1491286 The following are enclosed for use in connection with our above referenced order : ( ) Copies of Preliminary Title Report . ( ) Copies of all exceptions shown in title report. ( ) Copies of items ( ) Plotted Easements . ( ) Maps . ( ) Title Policy. (C-4 Original Tract Map 13569 -- The City of Huntington Beach must sign as an o-:Tner. They still. hold title to a portion of the land within Block 1903 . Nancv Stierstorfer Subdivision Title Officer First American Title Insurance Company CITY OF HUNTINGTON .BEACH [call 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 12, 1989 First American Title Insurance & Trust 114 E. 5th Santa Ana, CA 92701 Attention: Tract Division RE: Tract Map No. 1196g 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 v-' Received by . 1:�_ zT� -�� Dated (Telephone:714-536-5227) i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 12, 1989 Pacific Coast Homes 2120 Main Street, #260 Huntington Beach, CA Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, November 6 1989 , approved the Subdivision Agreement for Tract No. 13269. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure Agreement (Telephone:714-536.5227) u T NOTICE O*MPLETION WITH CONDITIONS• TRACTS I AUTHORIZATION FOR RELEASE FOR RECORDING i TO : CITY CLERK DATE : vZ IZZ I FROM : PUBLIC WORKS DEPARTMENT i Bruce Crosby i TRACT NO . . l�`�j � DEVELOPER CC i CONDITIONS : Date Deposit of fees for water, sewer, , drainage, . engineering and inspection Bond for Improvement . . . . . . . . . Signature of Agreement . . . . . . . . Certificate of Insurance . . . . . . Bond for Monuments . . . . . . . . . . 3 Labor & Material Bond . . . . . . Other : Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: COMMUNITY DEVELOPMENT i" u i.a RP11 TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER 7]4 as a e (9358d) RE UEO FOR CITY COUNCPACTION 1- T.tA44AAZA..0 Date November 6, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul Cook, City Administratorle4-- Prepared by: Michael Adams, Director, Community Developme t Subject: FINAL TRACT MAP 13569, BEING ALL OF TENTATI 13569, AND AGREEMENTS FOR TRACT 13569 APPROVED BY 4P-JTyX0TJNC1T ,/ q Consistent with Council Policy? DQ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative ActlLALCId III STATEMENT OF ISSUE: The final map of Tract No. 13569 being all of Tentative Tract No. 13569, located immediately south of the Civic Center, has been submitted to the City Council for approval . Tentative Tract No. 13569 will expire on November 17, 1990-. RECOMMENDATION• 1. Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. Z . 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. 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. 5 . It is also recommended that the City Council accept the attached "set aside" letter assuring that the required Public Works improvements will be made and instruct the City Clerk to file it 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 a and to the subdivider. ANALYSIS• SUBDIVIDER: Pacific Coast Homes, 2120 Main Street, Suite 260, Huntington Beach. ENGINEER: Walden and Associates, David L. Walden, R.C.E. 19402 LOCATION: Immediately south of the Civic Center generally bounded by Utica Avenue to the south, Seventeenth Street to the northwest, Yorktown Avenue to the north, and 170 feet to the east of Lake Street. ACREAGE: 16 . 695 acres LOTS: 81 NO. OF UNITS: 80 ZONE: (Q) OTSP #2-CD GENERAL PLAN: Medium Density Residential. DISCUSSION1 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 City Council. ENVIRONMENTAL STATUS: On October 24, 1988, the City Council approved Negative Declaration No. 88-20 for the project itself. FUNDING SOURCE: Not applicable. RCA 11/6/89 -2- (3929d) • ATTACHMENTS• 1. Area map 2 . Subdivision Agreement 3 . Set aside letter MA:TR: lab RCA 11/6/89 -3- (3929d) I i I �J l 117 I I GA'11_=.1 I l I :I I 7._...._._...._.... -_ _ CLAY ..•.R'o--�.. - - - � C2-0- RT f7 •:.. -- h Ct-a.{• (RE,rR.*.,N) � A.a`• a•.• o�l:i �'� � R 2 .. a Cz� _ R2 0-PD IR i R2-0 �I R R2 V �*' R2 • L: r. V"-';,i'J-T N (tj I 1: S .-io LnIE Tr7 nso WE7.--- AVE. RI C2-0-CD �...:... .. CLE.Ll-W Z, .. fd •� i....-. r ! uW cn j� D is. .o ,D C2-0 r: •, ', a,"' ;..: „ }I R2 .gn-am ,R2 0 PD a. R2 0 �• RI n .� t!= —��' ' MILT IAN y RI y :15:7'°'as. y e_>.Sr. _lo.•'ae::..;Q IR..- y. r E.•___ Z 'o FIyS ➢ II/I .°u N1;4ir.0 �:`!•�•� l J� R2 R2 w R2 R2-O-CD Of-0- ;R2-0-PD;C2-0-CD ax 9 3 p R2 X IORRTOWN �I ..._. 't_• — — AVE ...'..•t � C2 m-a-Co -o-CD t�ilEr R2.0 2 0 Ca CF-E-CD (CF-C Q. M (cNr•":F.Ntt:RI h` R2-0-CD D!_I!i'i!IIi I'iHi RE:::4 .RI!L'R!!Efr'�Sf•H^(.`LI ICHITA.- R� ir R2 C2 0 5CF-E-CD x o N I I " -CD 01 R2-0 R2 R2 �• CF-E oG 7 c o vENIfE a cr Ix Q� c, -CD- I?OO i 77o R4 -� TICA C -0 O 'I�IIII�I1 IIII R2-0 R2-0 7 CF-R RI RI RI RI RI R2 -C -0 OHUNTO ATE ` o o .. 4v., 7 , O' CD-0E-]-�06- N N I !� O O J 0 O a N N (�/�RI-O . O I •H s.Nre fA R2 • V`T - ^' SPRINGFIELD /�I 01 AM r D GGII -o 1 ON .LLT j -. Q DR N O O-o z RI RI RI RI RI R2 -o ROCHFSTER o co RJR w O --� J R1-0m�J�§�� -0 h R3-0 'R3-0C, IRI • �f o . ADAMS AVE FT 13569 �I HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION