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Final Tract 14277 Pacific Coast Homes/Seacliff Partners-Dor
a� City of Huntington Beach • '-:F� P D Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER 7 November 22, 1999 CERTIFIED MAIL l� Peninsula 1 Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on April 6, 1998, approved the release of the following bond: Tract# 14277 Faithful Performance Bond No. 8593 Labor&Material Bond No. 8593 Monument Bond No. 8594 The original copies of these bonds were sent certified mail to your surety's address, but were returned to us by the post office. Therefore, I am sending the bonds to you for your records. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari L. eidenrich, CPA, CCMT City Treasurer Enclosures cc Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attaclunents) G:'-Den ine'Shari'••Letters'•BondLt48 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE VU CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE:-yz TO: 1 ATTENTION: Name p _ /D D DEPARTMENT: i�i�rf Streqt REGARDING �o��� /fed 7 7 City,state,zip L -- See Attached Action Agenda Item Date of Approval y 7 r Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. i 177 Connie Brockway Ga City Clerk Attachments: Action Agenda Page Agreement Bonds hLwrance RCA Deed Other Remarks: CC: �_f . N Dep�� RCA Agreement Insurance Other A L� Nat a Dep met ` RCA Agreement Insurance other .. Name .Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Fo11owu p/agrmUArans ltr 1 Telephone:714-538.5227) Recording requested by, - - - -- and when recorded return to: - - - California in the Count y of Orange -Recorded Granville, Clerk/Recorder Connie Brockway, City Clerk Gary � No Fee Office of the City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIjgjI 36am 04129197 CITY OF HUNTINGTON BEACH 19970195294 10. P.O. Box 190 -2000 Main Street Huntington Beach, Ca. 92648 t403 1 00 1 7 6 .00 16 21.00 00 0.00 0.00 N 0.00 0 0• (Space above this line for Recorder's use only) NOTICE OF ACCEPTANCE OF PUBLIC IMPROVEMENTS 1 (Huntington Beach.Municipal Code Section 255.22) P PLEASE TAKE NOTICE THAT on March 13, 1997, the City Engineer considered the 23 v 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 consisting of curb, gutter, sidewalk, driveways, cross gutter, paving, sewer and water lines. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on the Final Map No. 14277. This document is solely for t,%,c official "--j!2+r )�� .or the City contem- Plated r. _ Code Sec. 6103 and should be recorded free of charc;e. Tax-Exempt-Govcrnnient Agency CITY OF HUNTINGTON BEACH CITY OF HUNTING-;-(,,, -ACH Cify C erk By. by: City Engineer Aputy City Clerk G APPROVED AS TO FORM: City Attorney, 24336 :. CITY OF HUNT'INGT'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 11, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Acceptance of Public Improvements for Final Tract No. 14277 to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Acceptance of Public Improvements to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, 6xn u Connie Brockway City Clerk CB/jc Enclosure: Notice of Acceptance of Public Improvements - Tract 14277 (Telephone: 714-536.5227) " 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) NOTICE OF ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on March 13, 1997, 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 consisting of curb, gutter, sidewalk, driveways, cross gutter, paving, sewer and water lines. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on the Final Map No. 14277. This docua;ent is solely for t"C official City of F?:; t::.- ._�r contem- plate;? Code Sec. 6103 a:ad si:oul4 be recordod free of char.^e. Tax-Exempt-Govcrnrnf?nt '..eency CITY OF HUNTINGTON BEACH CITY Or NU"��Ti1�: :'r'1 ' _ ^ Cit�C;,gy; by: City Engineer ePuty City Clerk �y ' APPROVED ASTOFORM: City Attorney�'r��� ��/_•Ili 3-�- �� 24336 ,2 �o u�u> No/�PL fo �o� J // 9� �Gf1's •�f fir/ / tY ME OF HUNTINGTON BEAC ING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-024 Council/Agency Meeting Held: qz7z27 Deferred/Continued to: u�G i�Approved Conditional) Approve p De ied ��City Clerk's Sig tune fk Council Meeting Date: April 7, 1997 Department ID Number: PW_S-O?4 CITY OF HUNTINGTON BEACHCo F- REQUEST FOR COUNCIL ACTION crm m R 4< SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: City to Release Securities within Tract No. 1427 ccept the Public Improvements [statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen Statement of Issue: Peninsula 1 Partners, the developer of Tract No. 14277 located south of the intersection of Doral Dr. & Morningside Dr., has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: p Not applicable. / _ Recommended Action: bA 1. Accept the improvements constructed and dedicated for public use with Tract No. 14277 and, 2. Release the Faithful Performance and Monument Bond only. The Labor and Material Bond will be released at a later date pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Subdivision Maintenance/Warranty Bond No. B008593M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, \\ 0024335.01 -2- 03/13/97 3:29 PM R QUEST FOR COUNCIL ACTION MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-024 4. Instruct the City Clerk to notify the developer, Peninsula 1 Partners of this action, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action. 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Analysis: On December 7, 1992, the City Council approved Final Map No. 14277 and accepted bonds, the securities 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 faithful performance and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). The labor and material bond, the security furnished for payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, will be released at a latter date. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, and water and sewer 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 Subdivision Mai ntenance/Warranty Bond No. B008593M as security. Following is a list of project data: Subdivider: Peninsula 1 Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 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: South of the intersection of Doral Dr. & Morningside Dr. Lots: 11 Lots Acreage: 2.323 Zone: R1-01 0024335.01 -3- 03/13/97 3:29 PM (11) 04/06/98 - Council/Alncy Agenda - Page 11 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes—Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of March 2, 1998, adjourned regular meeting of March 9, 1998, and regular meeting of March 16, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved 6-0 (Julien: Absent)] E-2. (City Council) Approve Release Of Bonds -Tract No. 14043 - n/s Goldenwest Street, w/Little Harbor Lane - Seacliff Partners Inc. —(420.60). 1. Release the Faithful Performance/Labor& Material Bond No. 8577 and Monument Bond No. 8578; and 2. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Company, of this action. Submitted by the Acting Public Works Director [Approved 6-0 (Julien: Absent)] E-3. (City Council) Approve Release Of Bonds -Tract No. 14277 -s/Intersection Of Doral Drive & Morning Side Drive - Peninsula 1 Partners, Inc. — (420.60) 1. Release the Faithful Performance/Labor& Material Bond No. 8593 and Monument Bond No. 8594; and 2. Instruct the City Clerk to notify the developer, Peninsula 1 Partners of this action and the City Treasurer to notify the bonding company, Pacific States Company, of this action. Submitted by the Acting Public Works Director [Approved 6-0 (Julien: Absent)] E-4. (City Council) Receive And File Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report—(310.75) Receive and file the Big Independent Cities Excess Pool(BICEP) Financial Statements And Supplementary Information With Independent Auditor's Report for the years ended June 30, 1997 and June 30, 1996. Submitted by the City Clerk [Deferred to 4120198] E-5. (City Council) Approve Park License Agreement With Southern California Edison Company For Langenbeck Park-(600.10) Approve the License Agreement with Southern California Edison Company to utilize 8.19 acres of property at Langenbeck Park for five years at $100 per acre per year, and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director [Approved 6-0 (Julien: Absent)] (11) 61"im, - oPd j Cx05S y-,6,0 ✓ ITY OF HUNTINGTON BEAC 00 (S Tipe" ,, MEETING DATE: April 6, 1998 DEPARTMENT ID NUMBER: PW 98-030 Council/Agency Meeting Held: ? #a0-(o d 7Ap D ff rred/Continued to: Approved,_ ❑ Conditionally Approv d ❑ Denied D40417Y, 5A Clerk's Signature Council Meeting Date: April 6, 1998 Department ID Number: PW 98-030 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION -, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ' =+ o--Gcm-) SUBMITTED BY: RAY SILVER, Actin City Administrator -`' M1-`�r 9 Y D >;:0 = c_r PREPARED BY ARYL D. SMITH, Acting Director of Public Works C-) SUBJECT: Approve the Release of Bonds -- Tract No. 14277 > [Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen Statement of Issue: Peninsula 1 Partners, Inc., the developer of Tract No. 14277 located south of the intersection of Doral Dr. & Morningside Dr., has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release Faithful Performance/Labor & Material No. 8593 and Monument Bond No. r 8594; and, 2. Instruct the City Clerk to notify the developer, Peninsula 1 Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. Alternative Action(s): Deny the recommended action. Analysis: On December 7, 1992, the City Council approved Final Map No. 14277 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The developer has completed all required public improvements, and is requesting release of the faithful performance, labor & material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed 0030940.01 -2- 03/23/98 11:04 AM RQUEST FOR COUNCIL ACTS MEETING DATE: April 6, 1998 DEPARTMENT ID NUMBER: PW 98-030 consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, and water and sewer 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 release of the bonds Following is a list of project data: Subdivider: Peninsula 1 Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 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: South of the intersection of Doral Dr. & Morningside Dr. Lots: 11 Lots Acreage: 2.323 Zone: R1-01 Environmental Status: This recommended action to release the bonds 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 . . - Number No. Description 1 Location Map RCA Author: Bruce Crosby 0030940.01 -3- 03/23/98 11:04 AM ATTACHMENT 1 DM 3L, SECTIONAL DISTRICT MAP 3-6-1I CITY OF . HUNTINGTON BEACH ORANGE- -COUNTY CALIFORNIA . USE OF. PROPERTY MAP )) ) 1 GARFIELD �. AVENUE I 04 E Z i t °°. 0 . �''I ''1' .�, _ �__ y c9• Ply ��' ;� : d -1 - - HUH:!IKU'i 4k .F.AC:JIF W.MTHY .:.119 GOLF ..+iUREE zk- ,b: 1 li -AVE ,�, Gam.: f,='� • �' M1 ° 10 CF. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve" Release of Bonds - Tract No. 14277 COUNCIL MEETING DATE: April 6, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) 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 I Not Applicable _ O A .. ... .. ... REVfEWED RETURNED f0R . RDED .. ....... _.._ Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) . ......... ............ . ... .. ...... ........ ........ . ..... ........ ....... ........ ........ ......... ......... EXPLANATION FOR RETURN OF ITEM (BelowOnly) RCA Author: Bruce Crosby CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: gP/Q/iC, %, /9! d TO: ATTENTION: %DCS &-a T/n/G Name q,,r4 p 0A.4["u)W X UZ)/ZE /Od DEPARTMENT: Street (SANn4 h'10/I![A�4-, Owl-,A 904l0/ REGARDING: I)W7� / X,277 City,State,Zip Aju& act aS . "fd See Attached Action Agenda Item I Date of Approval w4h'a-- Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 64Eh6,C- 00ND6 C5cic-7 z9o-r16n/46 e17o A7774CWd0 Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: 0RXY1. c5/n1 TH Nam De artment RC Agreement Agreement Insurance Other A 7 lee / �/ Name Department RCA Agreement Insurance Other �-T' .LDdt�f !e� 7kF�su�ee�es Name Department R A Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name- Company Name- Date GTollowup/coverltr (Telephone:714-536-6227) t From The *sk, of.• � Naybrice L. Henry Deputy City CCerk �, _ per., City of Huntington Beach To: �ti Phone: (714) 536-5209 ,fax: (714) 374-1557 Date: ate eM daalJ� c� L�C-�Gc�lJ o' P. O. Box 190 - 2000 Main Street - Huntington Beach, California g2648 RR QUEST FOR COUNCIL ACTION MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-024 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): NumberCity Clerk's - Page -.. _.. - __ 1 Location Map 2 Subdivision Maintenance/Warranty Bond No. B008593M 3 "Notice of Acceptance of Public Improvements" LMJ:BPC 0024335.01 -4- 03/13/97 3:29 PM i m� o J= _ o � 4 V GARFIELD A VE. CITY M.B. SAP NOT TO SCALE �Q O O TR 14277 0 ATTACHMENT No. 1 LOCATION PAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14277 w _ t. BUV-DNMdBER- B008593M • PREMIUMCHARGE:I��ded in ixrformance bond SUBDIVISION MAINTENANCFJWARRANTY BOND KNOW ALL MEN BY THESE PRESENTS, That we Peninsula I Partners, a California General PartnPrshio as Principal,and Ulico Casualty Company corporation,as Surety,are held and firmly boundunto, City of Huntington Beach as Obligee,inthefullandjustsumof thirty six thoudand thirty and no cents Dollars($ *36,030.00* ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Obligee and the Principal have entered into an agreement whereby the principal agrees to install and complete the following designated public improvements in Tract# 14277 i WIMREAS, said Principal is required under the terms of said agreement to guarantee, warrant and/or maintain said improvements for a period of one year after the completion or acceptance by the Obligee. NOW,THEREFORE,THE CONDITION OF THIS'OBLIGATION IS SUCH,that if within one year from the date of completion or acceptance by the Obligee the Principal fulfills the obligations as required by the said agreement to guarantee,warrant and/or maintain the said improvements,then this obligations shall be null and void,otherwise to remain in full force and effect. Sign and sealed this 31st day of July 19 95 peninsula I partners - N :.- Ulico Casualty Company ncipBy:UWC-Peninsula I , L.P. B9 California Limited Partnership_ Ar o Hahn Attomey4n-Fad By: UWC-Developement core, a California Corp By Stephen Gunther President PSCC 0062 Rev.4/88 Rv• Parifr mart Nnmpc - -i� c ( onor�_LPartnov R".'�� t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On 7/31/95 before me, Cherie Mahtesian, Notary Public, personally appeared, Arno Hahn, Attorney-in-Fact personally known to me or proved to me on the basis of satisfactory evidence) to be the person) whose nameW04/ _ subscribed to the within instrument and acknowledged to me that �/ /thQy executed the same in&/AW/thr authorized capacity0eSj, and that by is . r/tptr signature(s): on the instrument the personK., or the entity upon behalf of which the person(�_acted, executed the instrument. WITNESS my hand and official seal Cherie ki htesian CORM1.01043916 NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY 0 r a Comm Expires Oct 30 190 POI C' A r ,:fir, = C� (SEAL) NOTARY �UBLIC SIGNATURE OPTIONAL INFORMATION i TITLE OR TYPE OF DOCUMENT Bond DATE OF DOCUMENT 7/31/95 NUMBER OF PAGES 1 SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On August 10, 1995, before me, Fay D. Mathews, Notary Public, personally appeared STEPHEN GUNTHER, personally known to me to be the person(s)whose name(sG/are subscribed to the within instrument and acknowledged to me that/she/they executed the same iq�/her/their authorized capacity(ies), and that b is er/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. FAY D.MATHEWS COMM.#1015930 Z Z QMNotary Public—California ZLOS ANGELES COUNTY - & i y Comm.Expires FEB 2,1998 Sig to of ALary o r s STATE OF CALIFORNIA ) . COUNTY OF D k1\9 Cam. ) ss On �`�. 19G , before me, 'PArno Ck LDL l== _. Notary Public, personally appeared • E- 1��CE personally known to me be the person(s),whose name (s) is/er-e-subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his4ie6their authorized capacity(ies), and that by his/he�k-heir signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RAMONA A.CALDERON COMM.4967922 qPMV Notary�Publ;c•Co'.i!n ioKEPN COUN I comm.expires JUN 15,1996 Signature This area for Official Notarial Seal NB9410 SON 1 2/19/94 ULICO CASUALTY COMPANY I I I Massachusetts Avenue,N.W. Washington,DC 20001 t P C. POWER OF ATTORNEY USA 0075 Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Office be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed in facsimile and sealed under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Edward K. Marshman and Arno Hahn of Ulico Standard of America Casualty Company of Chino, in the state of California, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign,.execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED TWO MILLION ($2,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 21st day of April, 1994. Ullco Casualty Company A ry GP PPO"4 o r - District of Columbia ss: SEAL = By; Of�'AW,,Pj` - ert A.Georgme,'Char'siored d Chief Executive Officer On this 21st day of April 1994, before the subscriber, a Notary Public of the trict of Columbia, duly co and qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. EW/.SNi�yQY f r10TARy By: LXU— LL) PtBLIG Notary Public a •ssion Expires; 1 moo �Mr of c� CERTIFICATION 1,Joseph A. Carabillo,Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation this 31St day of July 1995 A ry (,P PPOR� O GO i"c SEAL �Z By: w� oseph A. Carabillo,Assistant Secretary fAW�P This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in black ink,and this notice is in red ink. USA-202-POA(3/94) w. BOIqDN 9zfBER: B008593M • PREMIUMCHARGE:InAOL ed in performance' bend .T SUBDIVISION MAINTENANCEMARRANTY BOND KNOW ALL MEN BY THESE PRESENTS, That we Peninsula I Partners, a California General Partnership as Principal,and Ulico Casualty Company corporation,as Surety,are held and firmly boundunto, City of Huntington Beach as Obligee,inthefullandjustsumof thirty six thoudand thirty and no cents Dollars(s *36,030.00* ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Obligee and the Principal have entered into an agreement whereby the principal agrees to install and complete the following designated public improvements in Traci# 14277 WHEREAS, said Principal is required under the terms of said agreement to guarantee, wan-ant and/or maintain said improvements for a period of one year after the completion or acceptance by the Obligee. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if within one year from the date of completion or acceptance by the Obligee the Principal fulfills the obligations as required by the said agreement to guarantee,wan-ant and/or maintain the said improvements,then this obligations shall be null and void,otherwise to remain in full force and effect. Sign and sealed this 31st day of July 19 95 peninsula I partners Pr;nppw Ulico Casualty Company, By Arno Hahn Attomeyan-Fad PSCC 0062 Rev.4/98 (13) 04/07/97 - Counci10ncy Agenda - Page 13 E-10. (City Council) Two Nortel Communications Systems Contracts - City Hall And Central Library - To Expand Telephone Capacity - As Submitted By Settlement Committee (600.10) - Approve and authorize execution of the following contracts as submitted, with Settlement Committee recommendations, and proposed amendment by Nortel: (City Hall) Agreement between the City of Huntington Beach and Nortel Communications Systems for the Purchase and Installation of Hardware and Software to Expand Port Capacity on Existing PBX and (Central Library) Agreement between the City of Huntington Beach and Nortel Communications Systems, Inc. for the Purchase and Installation of Hardware and Software to Expand Port Capacity on Existing PBX. Submitted by the Fire Chief E-11. (City Council) City To Release Securities And Accept Public Improvements Within Tract No. 14277 - s/Intersection Of Doral Drive And Morningside Drive - Penninsula 1 Partners (420.60) - Accept the improvements constructed and dedicated for public use with Tract No. 14277; 2. release the Faithful Performance and Monument Bond only. The Labor and Material Bond will be released at a later date pursuant to California Government Code Section No. 66499.7(0; 3. accept subdivision Maintenance/Warranty Bond No. B008593M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 4. instruct the City Clerk to notify the developer, Peninsula 1 Partners, of this action, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Submitted by the Public Works Director E-12. (City Council) Plans And Specifications - Solicitations Of Bids -Talbert Avenue Rehabilitation Project - CC-900 - Gothard Street To Newland Street - Approval Of Sample Contract (600.50) - 1. Approve the plans and specifications for the Talbert Avenue Rehabilitation Project, CC-900, from Gothard Street to Newland Street and authorize the Public Works Director to solicit bids for construction; and 2. approve the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder. Submitted by the Public Works Director E-13. (City Council) Notice Of Completion - E. A. Mendoza Contracting - Alhambra Avenue Improvement Project - Between Silver Lane And Beach Boulevard - CC-1032 (600.50) - Accept the Alhambra Avenue Improvements completed by E. A. Mendoza Contracting at a final cost of $114,123.38 and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Public Works Director and the Economic Development Director (13) CITY OF HUNT"INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 June 9, 1994 Peninsula 1 Partners c/o New Urban West 520 Broadway, Suite 100 Santa Monica, CA 90401 Dear Mr. Desmond Bunting, The City Council of the City of Huntington Beach at their Council meeting held May 4, 1994 approved your request regarding Tract 14277 ,for a reduction in the Faithful Performance Bond pursuant to provisions in the Subdivision Map Act. -:-The City Council accepted Surety Rider No Bu08593, reducing .the Faithful Performance Bond from $360,000.00 to $72,060.00. This represents a 80% completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction. The City Treasurer will notify the bonding company, Ulico Casualty Company of this action. If you have any further questions regarding this matter please call the office of the City Clerk at (714) 536-5227. Connie Brockway, CMC City Clerk CB/ES REQUES' FOR CITY COUNCIVACTIO APPROVED BY CITY COUNCIL 19 9� Date: April 18, 1994 Submitted to: Honorable Mayof and City Council - CM C K a, _ Submitted by: Michael T. Uberuaga, City Administrato CO c=i n Prepared by: JOFouis F. Sandoval, Director of Public Works z CI t,m �vMM Subject: Reduction of Improvement Security; Tract No. 14277 " —�, r Consistent with Council Policy? [X]Yeses. ----fir---ffalyys*i,1Enviro!7e --- __. ''" __5 �� _ 2� 42/ Statement of Issue,Recommended Action, ntal Status, ----- Funding Source,Alternative Action Attachments: ---------------------------------------------------------—--------------------------------------------------------------------i�1�---------�. STATEMENT OF ISSUE: Peninsula I Partners has completed a portion of the public improvements for Tract No. 14277 and is requesting a reduction in the Faithful Performance Bond pursuant to provisions of the Subdivision Map Act. RECOMMENDED ACTION: 1. Accept Surety Rider No. B008593, reducing the Faithful Performance Bond from $360,000.00 to $72,060.00. This represents a 80% completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction. 2. Instruct the City clerk to notify the developer, Peninsula I Partners, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action. ANALYSIS: The City Council, on December 7, 1992, approved Final Map No.14277 accepting bonds for faithful performance, labor and material and monuments. The developer has completed 80% of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction and is requesting that the faithful performance bond be reduced by 80% pursuant to California Government Code, Section 66499.7 a and Huntington Beach Municipal Ordinance, Section 9973(b). The City Engineer has determined that the partial completion of said improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends approval of the bond reduction. ENVIItONMENTAL STATUS: The Planning Commission, on May 6, 1991, approved Negative Declaration No. 90-28 for this project. Req*st for City Council Action Reduction of Improvement Security;Tras. 14277 April 18, 1994 Page 2 FUNDING SOURCE There is no cost involved in the recommended action. ALTERNATIVE ACTION: Deny the recommended action. ATTACHMENTS: 1. Location Map 2. Rider No. B008593 LFS:REE:BPC:bpc 14277RED.DOC l GnnFulu ..AVENUE. W K N C >>>: , Ix = V�11I; •t, •�= TRACT NO. 14277 , I — M 4........... �V ••r TRACT NO. 142777 f-�v lie LOCATION MAP HUNTINGTON REACH ATTACHMENT NO. I CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Robert E. Eichblatt, City Engineer From: Steve May, Principal Civil EngineerAY'v U__ Date: April 21, 1994 Subj: _ COUNCIL INQUIRY - AGENDA ITEMS E4. E5, E6, APRIL 18. 1994, HAVING TO DO WITH SECURITY BOND REDUCTIONS SUMMARY OF RCAs: Developers of three different tracts have requested up to 90% reduction of faithful performance bonds on the basis that portions of the bonded public improvements have been completed to the extent of the requested bond reductions. JUSTIFICATION FOR REQUESTED REDUCTIONS: The requested reductions are allowed by, but not required by, California Government Code, Section 66499.7(a) and Huntington Beach Municipal Code. Section 9973(b)Beach Municipal Code. Section 9973(b). The Public Works Inspector has verified that the value of completed improvements exceed the requested reductions, and that the remaining security would be sufficient to complete all required public improvements. Additionally, there are still homes which have not been released for occupancy as listed below: TRACT NO. TOTAL LOTS IN TRACT LOTS NOT YET RELEASED 13527 26 21 13625 56 40 14277 11 11 PAST PRACTICE AND PRACTICES IN OTHER CITIES: The following bond reductions have been approved by the City Council in the past: TRACT NO APPROVAL DATE TRACT NO APPROVAL DATE 13569 - 02/19/91 7547 - 02/18/75 12054 - 04/21/86 8050 - 04/21/75 10068 - 05/01/94 7601 - 10/07/74 10069 - 12/19/83 7473 - 11/06/72 9221 - 07/06/81 7246 - 12/06/71 9220 - 07/06/81 7010 - 06/07/71 7991 - 11/15/76 5965 - 02/02/70 7005 - 01/19/76 6003 - 12/06/65 7772 - 05/15/75 Page 1 of 2 Robert Eichblatt Council Enquiry - Bond Reductions April 21, 1994 Following is a summary of practices in other cities within Orange County, as, determined by a telephone survey: CITY POLICY Irvine Allowes bond reductions, but they have never had a request. Westminster Allows up to 85% bond reduction. Santa Ana Recently allowed bond reduction for Tr No. 13804 Newport Beach Allowed bond reductions, but they have not had a recent request. SWM:swm Page 2 of 2 I have received Rider to be attached to PerformanrP and Tabor/Material Bond for Tract No. 14277 - reduction of improvement RP(`„rite _— on behalf of the Treasurer's _Office. DatedBy: (US,A' CASUALTY Ulico Standard of America Casualty Company 14726 Ramona Avenue Chino, California 91710 Phone: 909/393-5100 RIDER To be attached to and form a part of Type of Bond: Performance and Labor/Material Payment Bond No. : B008593 executed by: Peninsula I Partners and by: Ulico Casualty Company in favor of: City of Huntington Beach and dated: October 6, 1992 In consideration of the premium charged for the attached bond, it is hereby agreed to change: The bond penalty i From: $360, 000. 00 on the Performance Bond for Tract No. 14277. TO: $72 , 060. 00 on the Performance Bond for Tract No. 14277 . i` The attached bond shall be subject to all agreements, limitations and conditions except as herein expressly modified. This rider is effecti Febr ary 3 , 1994 . Principal: Pe n a Partners BY: G nn Cardoso , Exec . Vice President ico Casualty Company = BY: , John F. Blackwell Attorney-in-Fact APPROVED AS TO FORD GAIL HUTTON ATTORNEY Tie:ruts One of the ULL/CO Family of Companies A,LL-PURPOSE ACKNOWLEvcsMENT N0 sss r ;gate cf,I)��k' � . CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUALS) ❑ CORPORATE On b. r1 n o((A before me, I OFFICER(S) DATE Y- TITL NAME, E OF OFF CER-EG-:NNE DOE,NOTARY PUBLIC- TM-E(S) ❑ PARTNER(S) personally appeared OIL t'. �A/�rP���J�`� ❑ ATTORNEY-IN-FACT NAMES)OF SKINS (S) ❑ TRUSTEE(S) ❑ personally known to me-OR-®proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that he/she/they executed ❑ OTHER: the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), orthe entity upon behalf of whichthe person(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME of PERSON(S)OR ENTITY(IES) Witness my hand and official seal. / S _ SIGNATURE OF NOTARY ATTENTION NOTARY:Af hoWh the iMamation OPTIONAL,it.1d prewm ft,.Me M hment of this oeltificate to w.&,ft d d...M. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above -------------------- - 01991 NATIONAL NOTARY ASSOCIATION•B23B Rama Ave.•P.O.Box 7184•Carxrpa Park CA 91304.7184 i ULICO CASUALTY COMPANY I I I Massachusetts Avenue,N.W. Washington,DC 20001 i POWER OF ATTORNEY U O O 1.7 Know AU Men 13 These Presents: That Ulico Casuals Company,A Delaware Corporation,having its principal office in Washington,DC,pursuant Y Y P Y� rP g P P g to the following resolution,adopted by the Board of Trustees of the Corporation effective on the 28th day of January, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and'other related surety bonds,and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business.' RESOLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Charles R. Sormani,Linda A. Shepherd,and John F. Blackwell of Ulico Casualty Company of Washington,in the District of Columbia, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN UNLIMITED AMOUNT; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover,Delaware,has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 7th day of September, 1993. Ulico Casualty Company ACol T n 1 O T District of Columbia ss: 5 SEAL 'z By: 'AW PPF' ` obert A. Georgine,ChairZioned nd Chief Executive Officer On this 7th day of September 1993,before the subscriber,a Notary Public of the istrict of Columbia,duly co - and qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument,is now in force. In Testimony Whereof, I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. J'oarN wH,r�r�9 p10TARy By: PUBLIC A Notaly Public r a`�am My Commission Expires: Madil Whitaker OF O NOWY ft D*d 01 CERTIFICATION My Comf11seo E*46 0&31.199 I,Joseph A. Carabillo,Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Trustees of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the corporation this day of 199 A p Ppokq O 40 ria SEAL Z BY:' _ c ,see r Joseph A. Carabillo,Assistant Secretary F(A W,,P i This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in black ink,and this notice is in red ink. UCB-102-POAI (09/93) NOTICE OF CONZwLIANCE WITH CONDITIONS 00 WRAC_~'/'A. CEL i=TA:,'' AUTHORIZATION FOR RELEASE FOR RECORDING Z--q TO: City Clerk Date: L--a- FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID kiw� coil 7 OTHER (1/ Mi el C. Adams I NOTICE OF A'LETION WITH CONDITIONS OO RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : 1 �3 FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO. - lj� 7 7 DEVELOPER CONDITIONS : Date , Deposit of fees for water, sewer, . A drainage, engineering and inspection Bond for Improvement . . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . . . . Bond for Monuments . . . . . . . . . Labor & Material Bond . . . . . . . Other : lg7 Signature 7 D P� • REQUESI FOR CITY COUNCI ACTION �_ p Date December 7, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administratorad Prepared by: Michael Adams, Director, Community Developm Subject: FINAL TRACT MAP 14277 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL 102 19_do' Consistent with Council Policy? Yes ( ] New Policy or Exceptio Statement of Issue, Recommendation,Analysis, Funding Source,Alternative STATEMENT OF ISSUE• The final map of Tract No. 14277 (also referred to as Island N within the Seacliff residential area) , located approximately 100 feet south of the intersection of Doral Drive and Morningside Drive, adjacent to the Seacliff Golf Course, is being submitted to the City Council for approval . RECOMMENDATION: Motion to: "Approve Final Tract Map No. 14277 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements : " Findings for Acceptance of Map: 1. Final Tract Map No. 14277 is insubstantial compliance with the tentative map previously approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2 . The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a . Faithful Performance Bond No. 8593 b. Labor and Material Bond No. 8593 c. Monument Bond No. 8594 `D1 P10 5185 3 . 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. 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. ANALYSIS• SUBDIVIDER: Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington .Beach, CA 92648 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Approximately 100 feet south of the intersection of Doral Drive and Morningside Drive, adjacent to the Seacliff Golf Course ACREAGE: 2 .3 AC LOTS: 11 NO. OF UNITS: 11 ZONE: Seacliff Specific Plan GENERAL PLAN: Planned Community DISCU SION: The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. The subdivider has satisfied the Park and Recreation requirement with the dedication of two (2) , .55 acre parcels as required mitigation for Negative Declaration No. 90-28. The subdivider is responsible for improvement of both greenbelts prior to issuance of any building permit. RCA 12/7/92 -2- (5101d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14277 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On May 6, 1991, the Planning Commission approved Negative Declaration No. 90-28 for the project itself . FUN])I NG SOURCE Not applicable. ATTACHMENTS: 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MTU:MA:WC: lp RCA 12/7/92 -3- (5101d) 1 � } -------...... GARFIELD AVENUE R. 1 W N t: ' \•. � acne a ran J °. P N W P ow. 0 5 - Li1l: . r FT 14277 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ;;; . L)lilVl� VV. l • M 11 It $3,603.00 F.M 1L1 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Peninsula_I Partners, A California' General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project Tract No. 14277 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we,the principal and Pacific States Casualty Company as surety, are hold and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Three Hundred Sixty Thousand Three Hundred .and No/100-----------------------dollars .300,$ 36000 ( ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind uurselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.' The condition of this obligation is such that if,the above bounded- principal, his or its heirs, executors, administrators, successors or as-signs, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to e their true intent and meaning, and shall indemnity and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Faithful Iormance Bond • Page 2 As a part of the obligation secured hereby and .in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it doer 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. October 6 19 92 ; ,:%t• � ,y Peninsula I Partners, A California as principal General Partnership 1 By 1 ♦ By Pacific Sta Casualt' Coropagny, a6 Surety By wri William C. Slater, Jr.., ttn-Fact } By BOND NO. 8593 The Promium for this Bond is: $3,603.00 s: v APPROVED AS TO FORM:' GAIL HUTTON, City Attorney • By: Deputy City Attorney, it—ic-q� �, • 6 N"ER 8593 1'RIMUM Included LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach,- State of California, and Peninsula I Partners, A California General (hereinafter MEnership designated.as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project Tract No. lag» , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 1S (commencing with Section 3082) of Part 4 of uivision 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subcontrActors, laborers, n4terialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid One Hundred Eighty Thousand Code of Civil Proceedure in thela7n of One Hundred Fifty and NO/100--dollars ( $ 180,150.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act ' with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulatod and agreed that this bond shall inure to the benefit of any rind n11 rnr4nna, companies and corporations entitled to file claims under Title 15 (commencing with Section 30M of Part 4 of Division 3 01, bor and Material-Bond • Page 2 . the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNBSS *O EOF, this instrument has been duly executed by the principal and surety above named, on October 6 lg�92 , Peninsula I Partners, A California as principal General Partnership S BY, , r ` Pacific States Casualty Com any as Surety II, By: L William C. Slater, Jr., Attor y-in-Fact APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney } i POWER OF ATTORNEY OF I � PACIFIC1110< � N° '7 4 5 9 9 STATES CASUALTY COMPANY - NOTICE: 1. All power and authority herein granted in any event terminate on the 31st 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 black ink.the signatures are in red ink and this 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 William C. Slater, Jr. the true and lawful Attomey-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$500,000 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 or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS WHEREOF,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. 4PSES C4S` PACI S S CASUALTY COMPANY ``O:40pFOR'^!C` ATTEST 4 FEE.1, O n G n t082 ; By kIr I. By 4r�w� Bruce E.MacKenzie * Esther R.Lowy, ecreta 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. OFfICI SEAL ELL EN H. OSHIRO Signature A NOT•RY PUBI IC IC C411EN� NII -� Notary Public PA14CIP-L OFFICE IN • LOS•NOELES COVNIY MI Commission Lxnir.a)urn 4,199] 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 bttl- day of October 198 92 'tES C48G PACIFIC STATES CASUALTY COMPANY q`OpF Oq'r'�< r, _ 4 ? FEB.1, O 0 a O 1092 = 0 7 �r aD By �� PSC-S-101 9/89 Esther R-Lowy, • MONUMENT BOND Bond k 8594 Premium $750.00 KNOW ALL MEN BY THESE PRESENTS: That Peninsula I Partners, A California General Partnership , as subdivider of Tract No. 14277 in the City of Huntington Beach, County of Orange, State of California, has .submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set'in the positions indicated on or before the date specified in said certifi- cats: That said Peninsula I Partners, A California General Partnership (Subdivider) as principal, and Pacific States Casualty Company :. as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already . set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 75,000.00--Seventy-Five Thousand Dollars in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. --� IN WITNESS WHEREOF, we have executed this instrument this 6th f day of October t9 92 1 Peninsula I Partners, A California General as Principal Partnership Byt By: I Pacific States Casualty Company as Surety By: William C. Slater, Jr., Attorrie -in-Fact Byl APPROVED AS TO FORM* GAIL HUTTON. City Attorney By: De uty Ty Attorney i �Q O POWER OF ATTORNEY OF PACIFIC N° `74600 STATES CA S U ALT Y c O M P AN r 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 seat is readable,the text is in black ink,the signatures are in red ink and this 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 William C. S1�t�e�r Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on e a f of gaid corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 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 properto 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 or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN 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. PIES CftG - re PP0 't ATTEST PACI S S CASUALTY COMPANY ° ro° A FEB.1, o 0o 1982 ' D <rFOR N� ?A By Bruce E.MacKenzie y Esther R.Lowy. (;creta 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. A OFFICIAL SEAL ELLEN H.OSHIRO Signature N01ARY PUBI IC CAI IE ORNIA Notary Public PRINCIPAL OFFICE IN LOS ANGELES COUN1t I&,C—essiw Em,,A JPrN 4.1993 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 6th day of October 198 92 ►SES C4a` PACIFIC STATES CASUALTY COMPANY a GOPP0 7t� 4 1 A n ? FEB.1, O n 1982 P D By �rFOPN�*?� PSC-S-101 9/89 Esther R.Lowy. ecreta [i, CITY OF HUNTINGTON BEACH ell 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 First American Title Insurance & TRust 114 E. 5th Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 14277 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk CB:bt Enclosure , Received by Dated (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH [oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 Pacific Coast Homes 2124 Main Street, #200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monda December 7 approved the Subdivision Agreement for Tract No. 14277. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) ''A`- ISSUE DATE(MM/DD/YY) CERTIF -10-92 IC�Ay INSURANCEr- __ __ PRODUCER THIS CERTIFICATE IS ISSUED AS A+MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE AGENCY, INC. POLICIES BELOW. P.O. BOX 769 COMPANIES AFFORDING COVERAGE DOWNEY, CA. 90241-0769 COMPANY LETTER A SAFECO INSURANCE CO. COMPANY INSURED LETTER B NORTH AMERICAN INSURANCE CO. SEACLIFF PARTNERS COMPANY C It A CALIFORNIA GENERAL PARTNERSHIP LETTER INSURANCE COMPANY OF PENNSYLVANIA URBAN WEST COMMUNITI COMPANY 52T-BROADWAY, SUiTw, 100 LETTER D SANTA MONICA, CA. 90401 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION:- LIMITS 'LTR - DATE(MMIDDIYY). DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE E 2,000,000. - _ _ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S 11 000,000. A :CLAIMS MADE: X ,OCCUR. CP2211709C 04-01-92 04-01-93 .PERSONAL a ADV.INJURY _-$1,_000,000. X OWNER'S 8 CONTRACTOR'S PROTJ EACH OCCURRENCE _ $1,000,000. I FIRE DAMAGE(Any one fire) i -... . ----....-------- - 0 MED.EXPENSE(Any one person):$ 5,000. AUTOMOBILE LIABILITY COMBINED-SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS O BODILY INJURY SCHEDULED AUTOS (Per person). S HIRED AUTOS C BODILY INJURY S v {Per accident) NON-OWNED AUTOS - GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $10.90002000.. C UMBRELLA FORM 4292-6685 04-01-92 04-01-93 AGGREGATE ' $ 10,.000,000. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS - 09-30-91 09-30-92 A AND WC806213 AND EACH ACCIDENT s 1,000,000. AND . EMPLOYERS'LIABILITY - -DISEASE—POLICV LIMIT S 1,-000,000. 09-30-92 09-30-93 DISEASE—EACH EMPLOYEE $ 1,000,000. OTHER B BUILDERS RISK—SPECIAL $66,000,000. LIMIT OF INS. FORM—ALL RISK 530540 01-01-92 01-01-93 5,000. DEDUCITIBLE DESCRIPTION OF ITEMS - - - CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED' S OPERATIONS, WITH RESPECTTOANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE.HOLDER = CANCELLATION CITY OF HUNTINGTON .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE v EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 2000 MAIN STREET rs� *'f2S HL'NTINGTON BEACH, CA. 92648 MAIL. �n. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO LEFT, ErRtLtFlrl�4)141L�'S$lL` (*lOYT '03�fAifJISL'h?E}hf'3( 'f( L9�i���T El9Tb��7 P}�E§• f�3�{F��47rP�'OR91��N't�ii`it�3' AUTHORIZE PR TATIV - ACORD 25-S (7/90)='_=='--:- _-- - = - - ©ACORD CORPORATION 1990 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PENINSULA I PARTNERS, UWC-PENINSULA I, L.P. , UWC DEVELOPMENT CORPORATION AND PACIFIC COAST HOMES FOR TRACT NO. 14277 THIS AGREEMENT is entered into this loth day of December , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and PENINSULA I - PARTNERS, a California general partnership; UWC-PENINSULA, L.P. , a California Limited Partnership, UWC DEVELOPMENT CORPORATION, a California corporation its General Partner; and PACIFIC COAST HOMES, a California corporation, hereinafter collectively 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. 14277; 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 9/92:436:AJFk 1 4 all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499 .3 of the 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. 9/92 :436 :AJFk 2 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred Sixty Thousand, Three Hundred Dollars, ($360,300) 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. 9/92 :436 :AJFk 3 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER' S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the -passive concurrent _ negl.igence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney' s fees incurred by CITY. in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, SUBDIVIDER acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; SUBDIVIDER covenants that it will comply with such .provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit. 9/92 :436 :AJFk 4 SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for .all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations .to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 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 . 9/92 :436 :AJFk 5 SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing . insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and .policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to. .provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall -be provided to the City Attorney for approval prior to any payment hereunder. 9/92 :436 :AJFk 6 v 9 . ATTORNEYS' FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed by the court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: PENINSULA I PARTNERS CITY OF HUNTINGTON BEACH: a California General Partnership UWC-Peninsula I, L.P. a Calif . Limited Partnership Mayor By: UWC Development Corp. , a California Corporation Its General Partner By fin- G nther, President Mtephen B Cindy omar} Secretary print nam PACIFIC COAST HOMES By C.E. Rice, Vice President B .CoP Secretary print name ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2--- / 2_ �tl REVIEWED AND APPROVED: I ITIATED Ae PPROV D: Ci Administrator Direct r of Public Works