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Tract 14160 Beach Front Development Inc-W/S Chapel Lane/M
-TACA�21� .-J REQUEST FOR CITY COUNCIL ACTION Date February 18, 1992 Submitted to: Honorable Mayor and City Council Submitted by: �MMichael T. Uberuaga, City Administrator Prepared by: b`—Louis F. Sandoval, Director of Public Works APPROVED BY CITY COUNCIL ,�, /I Subject: NOTICE OF COMPLETION; TRACT NUMBER 14160 u y. cifY C:LPI y. Consistent with Council Policy? [4 Yes [ ] New Policy or Exception. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Beach Front Development, Inc., has completed all street improvements for Tract No. 14160 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: , 1. Accept the improvements dedicated for public use. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond 4. Accept guarantee and warranty bond number 995038S. 5. Instruct the City Clerk to notify the Developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Beach Front Development, Inc., 210 Adams Avenue, Suite A Huntington Beach, CA Engineer: RMG/The Keith Companies 2995 Red Hill Avenue Costa Mesa, CA Location: West side of Chapel Lane at Modale Drive Lots: 25 Lots Acreage: 5,009 Acres Zone: R3 This Tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. ATTACHMENTS: Sectional District Map Guarantee and Warranty Bond Number 995038S MTU:LFS:ASB:gd 3162g/3 PIO 5/85 ENVIRONMENTAL STATUS: On November 7, 1989, the Planning Commission approved Negative Declaration No. 89-33 for the subject project. FUNDING SOURCE: Not applicable. ATTACHMENTS 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond 6 . Park and Recreation Fee Surety Bond MTU:MA:HS:TR: lab RCA 4/16/90 -3- (5357d) 4. R I I i 1 j i RI RI R I I !jRl-PD;-)' / M RI N R3 r—R'-1 RI CF-R I ll I I 7C4RS ,R3 :FKVW�:: R3 R3 R2 RI LL ',RI�/ RI! RI ��. o : 4 ..R I R2 I ;; �.� 2 ) ' i R2 [RIano.0 RI ff ; 1 C4 I „Rz40n�r PR3 R nr 1 7 I I Rz R3 MH—FP2 I R3 :1 R3E2R R2 ., :.:::.uR3 R 3 3 R f = RI-FP2 R3s s .000 f = RI CONS iLNTII'iE DR I >Gnt[ rctt G RI-FP2 �NFR2 _ —�R21fTR3L a, yrni�C4 R3 — R I , w R2I R2 -i f RI co �� RI I �t t I :I yl R I� GARFIEI D / AVENUE 7'r FrI4160 �.i t, HUNTINGTON BEACH r. HUNT.INGTON BEACH PLANNING DIVISION .. � .,. . ,. .. .. .. .. .i.; ids f NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL.MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date </• �� 't7 TO: City Clerk FROM: COMMUNITY DEVELOPMENT 1�1• P�Q,YK.� TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER (9358d) NOTICE OF COMPLETION WITH CONDITIONS ON TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT �✓ �Jjz�zu�G.�c TRACT N0 . _ ` � �(J DEVELOPER G ��` CONDITIONS : Date Deposit of fees for water, sewer„ , drainage, engineering and inspection Bond for. Improvement . . . . . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . . . . . . Bond for Monuments . . . . Labor & Material Bond . Other : igna r - BOND NO. 9g5O4f1S PREMIUM $.$6 8 3.0 0 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, BEACH FRONT DEVELOP!"_ENT, INC. as Principal, and DEVELOPERS INSURANCE COMPANY a corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business, in the State of California, as surety are held and firmly bound to THE CITY OF 1UNTINGTON BEACH, in the sum of FORTY TWO THOUSAND SIX. HUNDRED FIFTY SEVEN AND 88/100 ($42,657.88) lawful money of the United States of America, to be paid to the said CITY OF HUNTINGTON BEACH for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The CONDITION OF THE ABOVE OBLIGATION IS SUCH, that; WHEREAS the Principal is the "sub—divider" of Tract 14160 as such term is used in the Huntington Beach Ordinance Code, Article 996—B, and Principal is required by said Article 996—B to pay a fee of $42,657.38 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14160 and Principal has requested deferral of the time to pay in lieu fees until the insurance for a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur, NOW, THEREFORE, if Principal shall pay the Park and Recreation fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said tract or prior to the final inspection of the tract, whichever event shall first occur, the obligation shall be excused r i and shall be deemed null and void; otherwise the obligation will remain in full force and effect. r- i IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed ' and attested by its duly authorized Attorney in Fact at ANAHEIM this 28th clay of MARCH 19 90 DEVELOPERS INSURANCE COMPANY BE CH F ON VELOPMENT, INC. I BY _ , BY M. Soskv, Attorney— —Fact BY: P ANNING f wm g� SECTIONAL DISTRICT MAP 36-5-11 STUE ..... Lo CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP it 23 _ )3)a1 SS 30 Ji JI TALBERT I�' AVENUE i z I J CF-E GLADYS NE" D I La w W Jn e•xruu u - - - F O �0>DJ N O _ I m STERLING g AVENUE I va N y 1 Y O �4P � V 3 �tUE RryER �NINER 4VEN NINER AVE. sMa20N RNER CR Ir TAYLOR I DR. LE CONTE DR. ( a • HCY CR.� -/ CA O��'E g = G ralxln my R h.TRC Z O nu I I I - 3 u�F'• ;ig u g � � J '!PIRQJECT a . �,l-ACf�1ElwO0DDP. � O _ i i,ELMMOOD LM ® MODAL DR. $ .naw� g BLU BIRD aVE �, I - a = nlFm SPIIIN^u CR R L) .g CONSTANTINE" DR Q W Z m I I?AS�y.LST CR. If •• z - D IV a I v.00 C, 31 - I ggg f Eq zQJ rEaN a-ELLL P- GARFIELD AVENUE r i 6 s Cns;eo The Insco/Dico Group DM MAINTENANCE BOND BOND NO: 995038S PREMIUM: $ Nil INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, CHAPEL LANE ASSOCIATES, a California General Partnership , as Principal, and DEVELOPERS INSURANCE COMPANY,a corporation-organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of NINE THOUSAND SEVEN HUNDRED AND N01100 9,700.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or'agreements with said Obligee to: TRACT 14160 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; tj NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this. 16th day of January , 19 92 CHAPEL LANE AS A a California DEVELOPERS INSURANCE COMPANY 1 Partners ' Principal BY: Me J,,� 30SKY1 Attorney-in-Fact 333 Wilshire Ave. Anaheim, CA 92801 APPROVED c-'EH•S T!` I7141 999.14"1 f Y• i.1, GeIL rHTvil071T FORM DI 1'" REv 1 V.93 - E✓ DE�i7�! r i ul POWER OF ATTORNEY OF No 068444 INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March.1992. 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 brown ink,the signatures are in blue Ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney($)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not Jointly,hereby make,constitute and appoint ***DAVID L. MILLER, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial Institutions,lease bonds,Insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or ball bonds. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may beeffixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1991. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By •Harry C.Crowell,President Harry C.Crowell,President 4�Nr \µSUq ��OipPPOR,,�O �i�pF01p±�0 Q 4 i OCT.A o MAR.2T, o p ATTEST 1� /1 ///may 1867 o ATTEST % 1878 ; ��!/rOpM`J�?� /A /W"". V'• Gi��'�Yv(/V O �l/rpRM��lt By By V V Walter A.Crowell,Secretary Walter A.Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) .On January 2,1991,before me,the undersigned,a Notary Public in and for said State,personally appeared Harry C.Crowell and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed thewithin instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company.the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. •��',�� ., OFFICIAL Signature (/Jj ''� A# VIRGINIA M. LOUMAN NOTARY PUBLIC•CALIFORNIA Notary Public PRINCIPAL OFFICE IN ' ORANGE COUNTY as My Commission Exp.Apr.9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 16tb day of JanUary 199-2-. INDEMNITY COMPANY OF CALIFORNIA� DEVELOPERS INSURANCE COMPANY \Nsuq By t� ' ���..�2/.�..v!/7 4,PpCRPOR�t = OCT A By / W MAR.27. o S ; 1887 ' a fro Senior Vice President 1/�!/foR��y�? Senior Vice President L.C.Fiebiger L.C.Fiebiger /�OaN�v� ID-310 REV.12/90 iv STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall '-10pt,Q AL&VL9,60,313/9.L Huntington Beach, California February 18, 1992 Mayor Silva called the regular meeting of the City Council 17/b.2 of the City of Huntington Beach to order at 7:00 P.M. 1f8, G4 9a(Pu0 Present: Robitaille, Winchell, Silva, Green, Kelly Absent: Moulton-Patterson, MacAllister r,r*,r*,r,r,r,r**,r,r*****,r*+,r*+*,r+•,r,r,r,r,r***,r**,r,r*,r,r**,r,r*,r,r****,r**,r**,r,r,r,r,r**,r,r*******,r*,r*,r,r*,r***« , �y► CONSENT CALENDAR - (ITEM APPROVED) On motion by Silva, second Green, the' follgwing item was approved as recommended, by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton-Patterson, MacAllister NOTICE OF COMPLETION - TRACT NO. 14160 - BEACH FRONT DEVELOPMENT,, INC. - Accepted improvements dedicated for public use in Tract No. 14160 located on the west side of Chapel Lane at Modale Drive, authorized the release of the Faithful Performance Bond, the Monument Bond, accepted the Guarantee and Warranty Bonds and instructed the City Clerk to notify the Developer, and the City Treasurer to notify the bonding company of this action. Mayor Silva adjourned the regular meeting of the City Council of the City of Huntington Beach at 11:35 P.M. to Monday, February 24 . 1992 at 5:30 P.M. in Room B-8, Civic Center, Huntington Beach, CA 92648 ATTEST: Connie Brockway. City Clerk and ex-officio Clerk of the City Council of the City Connie Brockway of Huntington beach, California City Clerk STATE OF CALIFORNIA ) Jim Silva Mayor County of Orange ) City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct 'Statement of Action of the City Council of said City at their regular meeting held on the I8th day of February---- 19 92 WITNESS my hand and seal of the said City of Huntington Beach this the loth day"of February 19 92 Connie .Brockwa City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY. � B.cJ Office of the City Clerk I. City of Huntington Beach PIS S0T P.O.BOX190 CALIFORNIA92648a:� � � �'�� C \� �.. ••.�:� �_Ya^ ��.s� C:�L 1 SFr^: i �C 9 *, .,:°:� Beach Front Development, -Inc. 210 Adams Ave. , #A Huntington Beach, C*-912.6*8' _.; �.,t _ :,�:• 48 N L ORDER i t i• �C V}:�i�j�L�.•t�1•.Lt LTO d1'.°...°1,.1r•.S �uil•� FILE i N.'%Tii1LE i 5���� r ECM Imo.�t��i '` f , ����� I � � f ` `. i, f, � *� ' �� _. r i s �'a I; / � . REQUEST FOR CITY COUNCIL FION Date April 161 1� �S1m Submitted to: Honorable Mayor and City Council Members , G Submitted by: Michael T. Uberuaga, City Administrator , 2n=�rn Prepared by: Michael Adams, Director of Community Developme F; , gym or^rn Subject: FINAL TRACT MAP 14160, BEING ALL OF TENTATIVE TRACT T�" NO. 14160, AND BONDS AND AGREEMENTS FOR TRACT 141&(!. APPROVED Btg�IT'Y COUNCIL Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception -19 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A STATEMENT OF ISSUE• The final map of Tract No. 14160 being all of Tentative Tract No. 14160, located on the west side of Chapel Lane at elbow the Modale Drive, has been submitted .to the City Council for approval . Tentative Tract No. 14160 will expire on November 22, 1991. RECOMMENDATION• 1. Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2: Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 3 . Accept the offer of dedication and improvements subject to completion of requirements shown. 1 4 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. I / \ PIO 5/85 e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map. f . The Park and Recreation fees shall be paid or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider . a. Faithful Performance Bond No. 995038S b. Labor and Material Bond No. 995038S 1 c. Monument Bond No. 995039S d. Parks and Recreation Free Surety Bond No. 9950405 - ANALYSIS• SUBDIVIDER: Beach Front Development, Inc. 210 Adams, Suite A Huntington Beach, California 92648 ENGINEER: RMG/The Keith Companies, Lawrence L. Truman L.S. 5346 LOCATION: West side of Chapel Lane at elbow with Modale Drive ACREAGE: 5 .009 acres (gross) LOTS: 25 'numbered lots, 3 lettered lots, and one remainder parcel NO. OF UNITS: 25 ZONE: R3 (Medium High Density Residential) GENERAL PLAN: Medium Density Residential DISCUSSION• The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. RCA 4/16/90 -2- (5357d) POWER OF ATTORNEY OF (v� 045051 INDEMNITY COMPANY OF CALIFORNIA ,. AND DEVELOPERS INSURANCE COMPANY t P.O. BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471 N 0 T!CL:: t. All pcvrer and authority herein granted shall in any event terminate on the 31st day of December, 1990. 'Iris Power o!Attorney is void if altered or if any portion is erased. _. —s P. c, of Attorney is void unless the seal is r eadab;r,the text is in brown ink,the signatures arc in Niue ink and!his notice is in red ink. Gvrt: (A Attorney should not be rcturnud to the Attorneyls)-In-Fact,but should remain a perrnan�nt pan of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint***DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24, 1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretaryor any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to anycertificate relating thereto by facsimile,and anysuch Power of Attor- ney or certificate bearing such facsimile signatures shall be valid.and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Gerald A.Sauvageau,Pres dent Gerald A.Sauvageau,President P AMy \NSUq �G 4ppP 0 R,t Q�P`�PP O R411- r o 0 ATTEST OCT. T ATTEST W OAR. o IOG7 0 1979 ; By �t By Harry C. rowell,Secretary Harry .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990, before me,the undersigned,a Notary Public in and for said State, personally appeared Gerald A.Sauvageau and Harry C.Crowell, personally known to me(or proved to meon the basisof satisfactory evidence)to be the persons who executed the within instrument as President and Secretaryon behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL VIRGINIA M. LOUMAN Signature_ , NOTARY PUBLIC•CALIFORNIA Notary Public '4 e, PRINCIPAL OFFICE IN ORANGE COUNTY t My Commission Exp.Apr. 9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.. This Certificate is executed in the City of Anaheim,California,this_2 8 t ay of MARCH 1990. INDEMNITY COMPANY OF CALIFORNIA �9AMy DEVELOPERS INSURANCE COMPANY \Nsuq ppPOR,7l�i pPPOR4- o 9y • l i OCT.S� B �. W MAR.2T, 0 L.C.Fiebiger dam'(Isst�`..a- y L.C.Fiebiger o 4 I979 N\'�D Senior Vice President 7roa �� Senior Vice President 7FOR } ID-310 REV.12/89 BON 1) NO. 995038S PikinMiUM $1,552.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front Development, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated March 19 1990 and identified as project developer is hereby referred to and made a part hereof; and V HERZAS, 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 DEVrT,nPRRS INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Ninety Seven thousand ---------- dollars ( 97,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or aseigns, shall in all things stand to and abide by, and well and truly keep and perform the • covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed ' at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. faithful Performance Dond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, March 19 19 90 BEACH FRONT DEVELOPMENT, INC. as Principal BY a i • By t j DEVELOPERS INSURANCE COMPANX as Surety By o ky, or-- n-E act By BOND NO. 995038S j The Yremium for this Bond is: $1,552.00 BOND N11MER 995038S 1'Rl:MT1JM INCL. IN PERF. LABOR AND MATERIAL BOND W'f-1EREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front Development, Inc. (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 90 , and identified as project _- _developer is hereby referred to and made a part hereof; and I WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient 1 payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subconttactors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid five Code of Civil Proceedure in the sum of forty-eight thousand hundreddollars 48,50.0.00 ) , 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 tie awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the hcnefit of any and all pnrsnns, companies and corporations entitled to file claims under Title 1S (commencing with Section 3082) of Part 4 of Division 3 of Labor and Material Bond Page 2 the Civil•Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the I principal and surety above named, on March 19 19sD_ Beach Front Development, Inc. as Principal i By: i i By: i DEVELOPERS INSURANCE COMPANY , as Surety By: x 14. Sosky, Attorne In-Fact By: I I insco The Insco ®dco Group DM MAINTENANCE BOND BOND NO: 995038S PREINMIL';.�M: NIL INCLU-1)F"D IN PERFORMANCE. BOND KNOW Al'L MEN B)7 '1'Hl-- -," E I'RE.�1--NTs: ['HAT we, BEACH FRONT DEVELOPMENT, INC. as Principal. and DE%7E1..OPJ, I.N.'.)UlRANCF P. corporation Organized olld doill" virtueI of the laws of the State (_dCalifornia 'Illd (lLIlY licensed to C011CILICt SUITtY hI.I.SilleS., ill 111C gate of l'alifornia.as Surety, are held and firmly bound tillto CITY OF HUNTINGTON BEACH N01100 as Obligee, ill the ;um ((NINE THOUSAND SEVEN HUNDRED AND 9 70 Q.0 0 DoMirs, for which pa,yllwili. Well 111(1 to IW 1110(le. We hind cnn;elves, (-)Ill- heirs. ex;- jointly and severally firmly hY wf_-Suills. THE, CONDITMI i 01-' THI: OBIAGATION, IS SUCH THAT: W'HEEEA.S, the above named entered i:lto an agreement or agrecinews with said Ohli,_,ec to: TRACT 14160 WHEREAS, said agreement provided Inat Principal shill guarantee repIncellicill mid ri.Im:I- III!; ;is described therein for a period (d, one Yenr folkmill,_y final 'Icceptallue of Said inlprorenlent NOW. J'HEREFORE.. ii'the Principal shall indellillik tile 01,1:11"ce for..-Ill loss I!]at h,.- reason of any defective materials of whicli hccomt! apim.-ew CILIFill"the peric-d ,e lr I roln illici after acceptance Of the by 0 blivee. then tills ohli"-il t ionsh;Ill be void, ot lley%% ;e !,01 M'M! 111 Itd i force and effect. IN\,V1T_\TESSWHl.:10,,'0l_-,. of slid Prior.ipal is herettr aflisecl and Ill( zzeahilid ille name of the said SL1FCt1,! is I`Wrclo affixed and aliested IW its dLIlVilLI1l1()I'iZCd Atitwm,v-in-Fact this 19th day of MARCH 1990 1, BRACE FRONT_ DEVE0 P E 111S 1NSU1iAN(_'F COMI�)ANY _D L_0 —BY: BY: M. Sosky 333 Wilshire Ave. Anaheim. CA 92801 (71 999-1471 FORNI-DI127`REV 11/85 POWER OF ATTORNEY OF N� 045049 , • INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of December, 1990. 2. This Power of Attorney is void if altered or if any portion is erased. 3- f his Power of Attorney is void unless the seal is readable.the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. '1 his Power of Attorney should not be returned to the Attorneys)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint***DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of sfiid corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Alto rney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-In-Fact•pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial Institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted bythe respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January, 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Gerald A.Sauvageau,President Gerald A.Sauvageau,Pr sident �,P�My \NSUq �O`0pPO*4,' , �P�pP0R4A�o i OCT.S, C + MAR.2T, o 0 ATTEST 1 T ATTEST w 1067 O 1679 L By i�L/(y✓'� y�4//FOP�,A By Harry C. rowell,Secretary Harry .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990, before me, the undersigned,a Notary Public in and for said State,personally appeared Gerald A,Sauvageau and Harry C.Crowell, personally known to me(or proved tome on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. •"...... . OFFICIAL SEAL M /�r.,t,,. A*- VIRGINIA M. LOUMAN Signature , NOTARY PUBLIC•CALIFORNIA Notary Public '•`� e c PRINCIPAL OFFICE IN 4. ORANGE COUNTY My Commission Exp.Apr.9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Anaheim,California,this 2 8 tNay of MARCH 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY PAMy \NaUq �Q 101r 4 C' OPPOR,tl'�pi" �/� By_ • ��� = OCT.a w By �� //�f MAR.27, 0 W 1061 O 7 1879 X L.C.Fiebiger yn�/ �`�?a L.C.Fiebiger p f �\��V Senior Vice President. i /FON Senior Vice President /FOR ID-310 REV.12/89 • MONUMENT BOND Bond A 995039S Premium $50.00 KNOW ALL MEN BY THESE PRESENTS: That Beach Front Development, Inc. as subdivider of Tract No. 14160 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi- Cate: That said Beach Front Development, Inc. (Subdivider) , as principal, and flRVFT.,nPRRR INSURANCE compANY as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said . certificate up to but not in excess of the sum of $ 2,000.00 in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 19th day of - March 19 l9 90 -I BEACH FRONT DR T INC. as Principal I By: I I By-_ DEVELOPERS INSURANCE COMPANY as Surety i n By: bosky, Att6rney- act By: ............. a�.a•ua.��ii.I/I/IG.. ��'� 01 r RECORDING REOUESTED BY gg-582258 The Bishop of the Protestant RECORDED IN OFFICIAL RECORDS 0 Episcopal Church in Los Angeles, • a corporation sale OF ORANGECOUNTI;CALIfORNIA ,/, WHEN RECORDED MAIL TO r— 111:O OCT 3 01989 gNAME Bishop of the P. E. Chu ch ((� s7RFE, P. O. Box 2164 `� ADDRE$$ ` sofa Los Angeles, CA 90U51 I s � Cl.c?Sujto ,RECORDER w � J C7 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)— POWER OF ATTORNEY -a— GENERAL [Includes optional DURABLE POWER OF ATTORNEY] KNOW'ALL PERSONS BY THESE PRESENTS: That1, The Bishop of.the PROTESTANT EPISCOPAL CHURCH IN LOS ANGELES, a CouiT�osration sole, FREDERICK HOUK BORSCH nr- the undersigned t minty se—ally—no.Htendnej hereby make,Constitute and appoint n. ARI F MarPHRRSON pursuant to Sections 10007(f) and 10008, Corporations Code _ my true and lawful Attorney for me and in my name, place and stead and for my use and benefit: (a) To ask,demand,sue for, recover.Collect and receive each and every sum of money.debt,account,legacy.bequest,interest,dividend.annuity and demand(which now is or hereafter shall become due,owing or payable)belonging to of claimed by me.and to use and take any lawful means for the recovery thereof by legal process or olnerwtse,and to execute and deliver a satisfaction or release therefor,together with the right and power to compromise or compound any claim or demand, (b) To exercise any or all of the following powers as to real properly,any interest therein and/or any building thereon.To contract for,purchase.receive and lake possession thereof and of evidence of Mlle(hereto.to lease the same lot any term or purpose.including leases lot business.residence.and oil and/or mineral development:to sell,exchange,grant of convey the same with or without warranty:and to mortgage.transfer in trust,or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement. (C) To exercise any or all of the following powers as to all kinds of lersonal properly and goods.wares and merchandise,choses in action and other properly in possession of in action To contract tor,Duy,sell,exchange.transfer and in any legal manner deal in and with the same.and to mortgage,transfer in trust.or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation Of agreement. (d) To borrow money and to execute and deliver negotiable or non-negotiable notes Ihetelor with or without security,and to loan money and receive negotiable or non-negotiable notes therefor with such security as he/she shall deem proper, (e) To create.amend.supplement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be Irustor or beneficiary,to represent and vote stock.exercise stock rights.accept and deal with any dividend,distribution or(onus.Join in any corporate financing.reorganization,merger. liquidation,consolidation or other action and the exlension,compromise,conversion,adjustment,enforcement or foreclosure,singly or in conjunction with others of any corporate stock,bond.note.debenture or other security,to compound.compromise.adjust,settle and satisfy any obligation,secured or unsecured.owing by or to me and to give or accept any properly and/or money whether or not equal to or less in value than the amount owing in payment.senlement or salislactron Inereol, (1) To Iransaci Dusiness of any kind or class and as my act and deed to sign.execute.acknowledge and deliver any deed.lease.assignment of lease, covenant,indenture.indemnify,agreement.mortgage.deed of trust.assignment of mortgage of of the benehpal interest under deeo*ifusi.extension or renewal Of any obligation,subordination or waiver o1 priority.hypolhecatton,bonomry,charlef•parly,bill of lading,bill of sale.bill,bond.note.whether negotiable or non- negotiable,receipt,evidence of debt.lull or partial release or satisfaction of mortgage.judgment and other debt.request for partial or full reconveyance of deed of trust and such other instruments in writing or any kind or class as may be necessary or proper in the premises (!H&Mke I. T: 690iii ya%;like bail. GIVING AND GRANTING unto my said Attorney lull power and authority to do and perform all and every act and thing whatsoever requisite,necessary of appropriate to be done ill anti shout the premises as fully to all intents and purposes as I iflighl or could do if personally present,hereby ratifying all that my said Attorney shall lawfully do or cause to be done by value of these presents.The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal properly or interests therein now owned of hefeahei acquired by me and wherever siluale. My said Attorney Is empowered hereby to determine in his/her sole discretion the lime when,purpose for and manner in which any power herein conferred upon him shall be exerased,and the conditions.piuvisions and covenants of any instrument or document wnach may be executed by him/her pursuant hereto:and in the acquisition or disposition of teal ur personal properly.my said Attorney shall have exclusive power to fix the terms thereof lot cash,credit and/or properly. and it on credit wild of without security. When the Context so requires.the masculine gender incl Ides the lemirpne and/or neuter,and the sin ular number includes the plural Under Section 10008 Corp. Cocle.any powers or agency lereby y#F41i1 IpjfHX C1sRSxxxxxxxxxxxx l X-czeated �t,at T .,�� be.�exmuaatecT—b a_„acanc the incumbency of this corporation sole, whether caused by death or otherwh WITNESS my hand this 44"" day of Sept. 1989 THE BISFIOP OF THE PROTESTANT EPISCOPAL _CHURCH IN WS NG�E `7j c-oro 'pration sole STATE OF CALIFORNIA I %ss Incumbent COUNTY OF—_... Los Angeles On this_,z9th day of_-_Septelnbcr in the year 19$9 .before ine.life undersigned.a Notary Public in and for said Slate. personally appeared FREDERICK_HOUK BORSCH, Incumbent_.Qf the BI9HT OF THF. pRpTPSTANT RPTarnPAT.__CHURCF personally known to me e)to be the persoo!I A�n§AGEI.ES, a sf Rr4Wt� 49AhiiPPA1%menl, sal poratlon sole and acknowledged to me that_,rt�.-executL�cP WITNESS my hand and ulficial seal. - Notary Public in and for said Slate. QFU K IAL SLAL AOWCRlwl Or,llfeAN[Y�GCNCP4lli.�ii... ` L�'� EARLEEN LARSpN f h 1'p OLCO IS FORE 1POWER400-Or At OAMkrI Sion i1644 d.iwm cAD moil mini kl OMIT IiM 41i0 in0 1 e&M.yar '�i :�1% NOTARY DVbLIC-CALIFORNIq WOLL011$IOAM Ssp)-Ar iTF$ u0n.rW d.no m an aann,arW mip cnmeu gaol So F.D.yw�Sunfxim- �i.1916 WOLc0115.iNt:(Ylpx pia/1t CMSOA,la«yn d you OouM IM ipm'S IdNit la yew puiw:.. Jet' LOS Ai;�F.LES Ci)W�1Y My wrnm. e:aires DeC 22, 1989 SUBDIVISION AGREEMENT BETWEEN THE CITY OF. HUNTINGTON BEACH AND THE BISHOP OF THE PROTESTANT EPISCOPAL CHURCH IN LOS ANGELES FOR TRACT NO. 14160 TABLE OF CONTENTS # TITLE PAGE(S) 1. GENERAL STREET :CONSTRUCTION 2 2 . ARTERIAL HIGHWAY IMPROVEMENT 2 3 . GUARANTEE 2 & 3 4 . FAITHFUL PERFORMANCE AND SECURITY 3 5 . INSURANCE 3 & 4 6 . WORKERS' COMPENSATION 4 & 5 7. INDEMNIFICATION. DEFENSE, AND HOLD HARMLESS 5 & 6 B . PUBLIC WARNING AND PROTECTION 6 9 . ATTORNEYS' FEES 6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE BISHOP OF THE PROTESTANT EPISCOPAL CHURCH IN LOS ANGELES FOR TRACT NO. 14160 THIS AGREEMENT is entered into this Mth day ofP'"'� I 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and THE BISHOP OF THE PROTESTANT EPISCOPAL CHURCH IN LOS ANGELES, A Sole 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 a lot and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14160; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by §66499 and §66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. -1- NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the .tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY' S codes . All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of two (2) -2- years following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Ninety-Seven Thousand and no/100 Dollars, ($97, 000 . 00) as prescribed by HBOC §9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5 . INSURANCE SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER' S sole expense, a general liability insurance policy, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability, in which CITY is named as an additional insured. The policy shall insure CITY, its officers and employees against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties . The policy shall provide -3- coverage in an amount not less than One Million Dollars ($1, 000,000) combined single limit coverage per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000 . 00) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits . Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arrange for the policy to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. A certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by SUBDIVIDER. Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before each expiration or cancellation is effective. The certificate of insurance shall evidence the required additional insured endorsement, .and is subject to approval as to form by the City Attorney. This agreement is void and of no effect until such approval is obtained from the City Attorney. 6. WORKERS' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, in regard 'to any worker employed in the work to be performed hereunder, and shall indemnify, defend and hold harmless CITY from. and against all claims, demands, payments, suits, actions, -4- proceedings and judgments of every nature and description, including attorney' s fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed pursuant this agreement by any person or entity including CITY. SUBDIVIDER shall maintain Worker ' s Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000 . 00) bodily injury by accident, each accident, One Hundred Thousand Dollars ($100, 000 . 00) . bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000 . 00) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision _that the insurer shall notify CITY at least thirty (30) .days prior to any cancellation or modification of said insurance policy; and. SUBDIVIDER shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under §7 of this Agreement. 7. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify, and hold and save harmless CITY, its officers, and employees from any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER' S employees and damage to SUBDIVIDER'S property, including those arising from passive concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all -5- defense at ,its sole expense. CITY shall be reimbursed by SUBDIVIDER for all cost of attorneys ' fees incurred by CITY in enforcing this obligation. 8. PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the City Council of CITY of the improvements offered for dedication in said work, give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be under . the charge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all or a portion of any street alley, sidewalk or right-of-way whenever -it is necessary to -protect the traveling public during the making of the improvements herein agreed to be made. SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY. 9 . ATTORNEYS' FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed by the court, shall be paid by SUBDIVIDER. -6- IN WITNESS WHEREOF, the parties hereto have executed this I agreement the day and year first above written: SUBDIVIDER: CITY: THE BISHOP OF THE PROTESTANT CITY OF HUNTINGTON BEACH EPISCOPAL CHURCH IN LOS ANGELES a California municipal corporation A Sole Corporation By 6L Its • Attorney-in-Fact Mayo Pr 4n- The Bishop of the Protestant Episcopai Church in os ngeles, Its : A Corporation Sole March 30 , 1990 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 3- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admini tra or Director of ublic Works 010 -7- ISSUE DATE(MM/DDNY) k. ` s 9/20/89 PRODUCER_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS J.C. KRUMPOLS INSURANCE AGENCY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1717 S.+ STATE COLLEGE SUITE 175 ANAHEIM, CALIFORNIA 92806 COMPANIES AFFORDING COVERAGE 3 z -� (7.14) 937-03C/84 LETTER CALIFORNIAY ET A IFORNIA INDEMNITY INSURANCE ') 2OG a COMPANY INSURED LETTER B - RICK JEFFREY COMPANY y LETTER C DBA: BEACH FRONT CONSTRUCTION INC. y x BEACH FRONT l. PROPERTIES COMPANY 210 ADAMS #A LETTER HUNTINGTON BEACH, CALIFORNIA 92648 COMPANY E _ LETTER • t - THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE-POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE. POLICY NUMBER POLICY'EfFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MWlDD/1'Y) DATE(MMIDD/YY) ¢=xu-wr ;r EACH OCCURRENCE AGGREGATE GENERAL LIABILITY � BODILY COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE EXPLOSION&COLLAPSE HAZARD $ $ , PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL BI&PD ' COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ ` AUTOMOBILE LIABILITY BODILY 5 '- _ ANY AUTO O gQR� QeY (PEAR BODILY $ ALL OWNED AUTOS(PRIV. PASS.) pS y v1 gy. INJURY ALL OWNED AUTOS OTHER THAN1 4bI�� •+PRIV. PASS. (PEA ACCIDENT) $ ' / �'� C��.Y HIRED AUTOS PROPERTY + NON-OWNED AUTOS $y' / O�`.l DAMAGE $ ' - GARAGE LIABILITY /. r£r 1 n f1 Ell&PD -•�` a,,�-x+ �= COMBINED $ 4rt_.>:r'.._ -�•:.:/ t EXCESS LIABILITY UMBRELLA FORM BI&PO COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORYK $1 000(EACH ACCIDENT) AND 1 A EMPLOYERS' LIABILITY P 371713 9/19/89 9/19/90 �a'�', $' (DISEASE-POLICY LIMIT) �. F $ (DISEASE-EACH EMPLOYEE) OTHER Jt DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PUBLIC WORKS DEPARTMEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- }+ PIRATgO6 DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO r CITY OF HUNTINGTON BEACH MAIL 3V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET, P.O. BOX 190 HUNTINGTON BEACH CALIF 92648 � - AUTHORIZ E R ENTATIVE sr MnR 27 ' 90 13 : 57 FROM F . I . R. E 714/541 -6133 PAGE . 003 FARMERS INSURANCE GROUP . TF�f6r fon"i.ng_arc ins i=ira urance exchanges sometimes referred to In the policy, when issued by either of them, as the Company: 1. Farmers Insurance Exchange 2. ruck Insurance Exchange Los Angeles, California Los Angeles, California The tollov> g is o stock company referred io in the policy, when issued by it, as the _ Company: _.. . 3. Mid-Century Insurance Company Los Angeles, California EXCESS INSURANCE A _ Mid-Century Insurance Company Los Angeles, California B' - Lloyds, London and/or Companies in England c%o walker&Co. - Los Angeles, California C - Llpyds,..London and/or Companies in England - c/o Excess-Underwriters Chicago, llliriais:. ... •.•.. .,;,:.. . ,..• .. D Other - - - - 3 f+ii•` .:1 n'!--i.`-:v.r> .t p<t9r:.s:t:�,4 3• T.; i- i .fr, , - •'r: 1 P �Y- 9• :'fir=::•.. - - zy t .•...t.., •3�- =a � -a �-t t ;•;�. '�'� z�r- � s r .t•_;eE(?'a'- a t t - '+, r- '�d�`t.c y .t3,,.1 •n,.:- ri1>>i`_':i3::•B .�.-... h -�_ :3 , ! .r�i�t�;i•_:ti�.'xr:i.v;,�,.. ..>.;r;vY.3:,• s.�' � rt l r x r ro ( t . J - l�•t -J i !- 1 T r s nt J. 1 , MAR 27 190 13: 56 FROM F . I . R. E 714/541-6133 PAGE . 002 r� ET-1 Vu 7TN EDITION ADDITIONAL INSURED ENDORSEMENT . Reference is made to.the attached Certificate as To Evidence of insurance. It is agreed that: The person or organization to whom the attached Certificate is issued is an additional insured. This applies only with respect to liability arising out of the acts or omissions of the named insured. It applies only to the coverages .indicated on the Certificate. This extension of coveroge does not-apply: 1. To liability arising out of the negligence of the additional insured, its agents or'employees, unless the agent or employee is the named insured, 2. To any defect of material, design or workmanship in any equipment of which the additional insured ia.the owner, lessor, manufacturer, mortgagee, or beneficiary. 3. To any vehicle liability when the named insured is not the owner or does not have care, custody, or control of the vehicle, The intent of this endorsement is to provide the coverage as stated above and in the Certificate. If any court shall interpret this endorsement to provide coverage other than what is stated above then our limits of liability shall be the limits of bodily injury iiability and property damage liability specified by any motor vehicle financial responsibility law of the state, province, or territory where the named insured resides. If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one person in any one occurrence and subject to this provision respecting each person, $10,000 on account of bodily injury sustained by two or more persons in any one occurrence. Our total liability for all damages be- cause of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall -not exceed $5,000. This endorsement does not increase the coverage limits. This endorsement becomes port of the, policy to which it is attached and supersedes and e6ntrols 6nything in the policy contrary hereto but is otherwise subject to the Declarations, insuring Agreements, Exclusions and Conditions thereof. (ADD171ONAL INSV RC.D F:ND.) , as-o�os ms 1satTrorr t+-es 1251,st-[/loon ca r�aR 27 ' 90113: 55 FROM F . I . R . E 714/541-6133 PAGE . 001 s4 CERTIFICATE AS TO EVIDENCE OF INSURANCE WtIMA?V ® TNSUvANGF_) The Exchange or Company designa+ed on thr,reverie side as number r1 ,^ ExCFss . ❑ INSURANCE) ExcCss over Primary with Company de=ignatCd on reverse side as letter t •\ THIS 15 NOT AN INSURANCE POLICY.THIS 15 ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. gG Named ` Insured . RICHARD JcFFRkY e.zeH>a,'�cy«cc�it;�a+r Address . DMA: RICHARO JEFFRCY CONSTRUCTION/ Nyn�� BEACH FRaNT DEVELOPMENT INC gi 138 32o NC 0 210 ADAMS UNIT TI:A Agent Polity Numbgr HUNTINGTON SEACH CA 42640 This is to certify that policies for the above Namad Insured are in force as follows: Effective from: 03/ZO/9C To: at which time this ceirtiticate becomos void F0 or continuous until cancelled if box"X"d. COVERAGE COMBINED LIMITS OF LIABILITY Covl:REo COVERED �UAalcrrY, LIM1T(S) Owned Bodil In"ur $ ,000 each rson INCLUDEtS), y l y BOTH PRIMARY Hired $ 000 each occurrence AND:EXCES$ Non-Owned Fxci y- . applicable) ry Employer's Non-Ownership Property Damage $ ,000eoch occurrence LJ Contingent Liability I Single Limit Liability for Coverages checked © above $ 1.000 ,000 each occurrence M&C-OLT• Bodily Injury $_ - — 000 each person ** Owners& Contractors $ 000 each occurrence rj annual ogoregole Contractual* $— ,000 prodVes##* Elevators Property Damage $ ,000 each occurrence Products and/or onnual a98regale Completed Operations $ ,000 products.*s $ i,QCO ,000 eacit_occurrence f annual aggregate Single limit Liability-for,Cov,erages.checked ©:..obay.e $• 1'•�r�Cl ,000 aaductsq*# Cargo $ 1000 each vehicle $ ,000 each occurrence *Includes Goods or Products Warronty, Written lease of Premises, Easement Agreement, Municipal Ordinance Agreement, Sidetrack Agreement,Elevator or Escalator Maintenonce.ABreement only,unless accompanied by specific endorsement providing additional Controctural Coverage. #•Not Applicable itil Texas ***In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. ElPssabcd DasaiW,nm wlow Q «u,ved OWNED YEAR.MAKE,TYPE OF BODY,LOAD CAPACITY IDENTIFICATION NUMBER IAv(OB �0 LAST 3 I F V_ T► DIOITS COVERED Q p C� �' SHOWN Umbrella.Liob.iliiSl� O $ , 000 retained limit ?OUCYNUMBER ' $ each occurrence aggregot•e Upon cancellation or termination of this policy for any cause the Company will provide 30 days advance notice in writing t0 whom this Cemficate is i_wt-.d. UNASL TO DETER E IF INSURED IS A CONSULT NT OR A C TRACTOR OR Notice of cancellation of the primary coveroge oulomaticolly terminotes excess coverogr.. MERELY A RMIT HOLD FOR K. PRIVATE PRO RT�L CcrGficate Issued To: "' ' -• j j tdctne CITY.-CIF Hc*UNTINGTON•'6`r_ACH- C/ and " DEPT. R;'$Y� MC1NAGENF_NT Address . PO BOY. 71I HUNT INviON DEA H CA 92649 countersigned • ��JVAUT-HORIZED REPRES:WAiIVE - -•- - -----_�,,....•..r.*ov�ncly issvedsCrti�icate J I& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 18, 1990 Ticor Title 800 N.. Main Santa Ana, CA Attention: Subdivision Officer - RE: Tract Map No. 14160 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__.^^ • G� Connie Brockway City Clerk CB:bt Enclosure Received by I S Dated (Telephone:714-536-5227) 319824 a company of Real Estate Shippers Assocotion ''� '] 4N fast Fourth Street"Santa Ma,CA 9270) (714) 953-3122 PICK UP AT BILLD SEE: ' �' r DATE TIME ADDRESS DIRECT RUSH ECON. . 2-pQ O t I J CITY SPECIAL INSTRUCTIONS: PER SIGNATURE TIME C% c:�.zztc M.0.,p s t Y 1 4 o SERVICE RE ESTED BY DELIV.CHARGE DELIVER TO, BILLD SEE: WAITING TIME ADDRESS CITY WEIGHT gON§IGNEE SIGNATURE TIME Li TOTAL —MAXIMUM$50.00 LIABILITY.UNLESS OTHERWISE.DECLARED BY SHIPPER t. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 18, 1990 Beach Front Development, Inc 210 Adams, Suite A Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held April 16, 1990 approved the Subdivision Agreement for Tract No. 14160. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure 1 Tele phone:714-536-5227) BON I) NC). 995038S ' Ealtl+".MTUM $1,552 .00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front Development, Inc.. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated March 19 1990 and identified as project developer- is hereby referred to and made a part hereof; and VTHERrAS, 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 DEVFT,nPFRS INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Ninety seven thousand ---------- dollars ( 97 , 000 .00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. , The condition of this obligation is such that if.the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and tr1ily keep and perform the • covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. lsi'k itt1V D I� TO FOld:.I l CITY lay Deputy City Attorney • v �' �. ��� ��" � ,gam ��w � �ry ���C�v �� Z� �` -. .� i / �f (� 0 � ���� ,� CORPORATION e. � p p�g�a STATE OF CALIFORNIA ORANGE m COUNTY OF SS. On before me,the undersigned,a Notary Public in and for said State, w a M. SOSKY W personally appeared x personally known to me (or proved to me on the basis of satisfactory w evidence)to be the person who executed the within instrument as Attorney- G. in-Fact on behalf of Developers Insurance Company,the corporation therein armaaoeao I, named,and acknowledged to me that the corporation executed it. ►� OFfIC1Alm r� O. MORO WITNESS my hand and official seal. a I107ARVR/IXIC-CALI OMA a PRINCIPAL OFFICE al r 6 . ORANGE CWWV My Commissfolt Exp.July 2, 1993 Signature1 VLJ DIC 304(REV.2/85) 79tis areafor Official Notarial Seal CORPORATION STATE OF CALIFORNIA � COUNTY yO�/F� ,,pp,,��f///,,�a��G�4 }SS. i On —[.L jgct T � /7 9 D before me,the undersigned,a Notary Public in and for said State, •w OG personally appeared f� w personally known to me (or proved to me on the basis of satisfactory x w evi nce)to bete person who executed the within instrument as a .t on behalf of F r� OFFICIAL SEAL a the corporation therein named,and acknowledged to me that the corporation `�T1 ANN'ETTA L MILLER executed it. ra NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY WITNESS my ha and official al. "' a" My Comm. expires M'Ay 3, 1993 Signature ID 304C(REV.7.84) This area for Official Notarial Seal raikhful Performance Bond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the ' principal and surety above named. March 19 19 90 BEACH FRONT DEVELOPMENT, INC. as Principal By By DEVELOPERS INSURANCE COMPANX as Surety -- _ By =1- os y, erneEn-Fact By BOND NO. 995038S The Premium for this Bond is: $1,552 .00 , . t BOND NUMBER 9 9 5 0 3 8 S PRIMTUM INCL. IN PERF . LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front Development, Inc. (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 90 , and identified as project developer , is hereby referred to and made a part hereof; and I WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subconttactors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid five Code of Civil Proceedure in the sum of forty-eight thousand hundreddollars ( 48 ,5.0)0 . 00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case. suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the hcnefit of any ;m d all persons, companie.5 and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of r1 o FOM:� , GAIL Ii ,.TON deputy City At ney CORPORATION DICO STATE OF CALIFORNIA ORANGE I SS. ,a COUNTY OF On before me,the-undersigned,a Notary Public in and for said State, M. SOSKY personally appeared = personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- .a 0. in-Fact on behalf of Developers Insurance Company,the corporation therein Fa named,and acknowledged to me that the corporation executed it. 0 � 0 OFFICIAL SEAT. D. MORO WITNESS my hand and official seal. MdTAII'tt PUBLIC•f lt{A PRINdPAL OFFICE �IN tN ORANGE COUNTY Mr Commfssian Exp.Jelly 2. 1913 Signature DIC 304(REV.2185) This area for Official Notarial Seal ' CORPORATION t STATE Of-CALIFORNIA COUNTY 9 OR74.0 4E )SS. On___c t3D- I before me,the undersigned,a Notary Public in and for said Stale, t v oG personally appeared /GK W personally known to me (or proved to me on the basis of satisfactory x W evidence)to be a rson who execut the within instrument as < on behalf of : t✓ 6 F+ IF ,y. rA.f:N. the corporation therein named,and acknowledged to me that the corporation °4'+ OFFICIAL SEAL ANN'ETTA L MILLER executed it. �•.o m NOTARY PUBLIC -CALIFORNIA WITNESS my ha and offici cal, ���,'£ ORANGE COUNTY My comm. expiresMAY 3, 1993 Signature �-.,- F ;4 77jis area for Official Notarial Seal I . Labor and Material Bond Page Z the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the I principal and surety above named, on March 19 19_g_p_• i Beach Front Development , Inc. as Principal By: By: DEVELOPERS INSURANCE COMPANY , as Surety y: M. Sosky, Attorn -In-Fact 4 By: r i ,, u " CORPORATION STATE OF CALIFORNIA i SS. COUNTY OF bRA116E On- - M/O►ILCI� _�9� before me,the undersigned,a Notary Public in and for said State, c E FREY personally appeared k I—K E , W personally known to me (or proved to me on the Lis of satisfactory W evidence)to be the person who executed the within instrument as a F!We5 I A�74T a on behalf of ~ OFFICIAL SEAL rA the corporation therein named,and acknowledged to me that the corporation NOTARY PUBLIC AN ETTAPUBLIC L MILLER „ a � -CALIFORNIA executed it. ' P ORANGE COUNTY • My comm. expires AVAY 3, 1993 WITNESS my h d and off ' al. �V•", -- Signature IDJIMCIRFv.7.e4) This area for Ogicial Notarial Seal CORPORATION I �K i� STATE OF CALIFORNIA ORANGE I SS. • COUNTY OF On M!!D 499n before me,the undersigned,a Notary Public in and for said State, W M. SOSKY ,,W personally appeared S personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- P. in-Fact on behalf of Developers Insurance Company,the corporation therein Q !� I named,and acknowledged to me that the corporation executed it. OFFICtAI SM WITNESS my hand and official seal. " D. MORO NOTARY POSLIC•CALIFORNIA 1, PRINCIPAL OFFICE IN , p ORANGE COUNTY Alf Commission E>;p.)*2, 19l3 Signature I DIC 304(REV.2(85) This area for Official Notarial Seal Qns';eo The Insco/Dico Group MAINTENANCE BOND BOND NO: 995038S PREMIUM: w NIL INCLUDE 1)IN PERFORNIANCE BOND KNOW ALI_, MEN BY THESE PRESENTS: THAT we, BEACH FRONT DEVELOPMENT, INC. as Principal, and DI VI LOPI--AIS INSURANCI COMPANY, a corporation or-anized and (loin"business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum ofNINE THOUSAND SEVEN HUNDRED AND NO/1tt0 9 ,700 .00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal ent.ered intro an agreement or agreements with said Obligee to: TRACT 14160 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as descrihed_therein for a period of one year following final acceptance of' said improvements; NOW, 'l'IIIRF.I OIZE, if Che above Principal shall indemnif:v die Obligee for all loss that.Obligee may sustain by qN reason of anv defective materials or workmanship which become apparent during the period of one year from and + after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. t IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. this 19 th clay of MARCH 1990 DEVELOPERS INSURANCE COMPANY r BEACH FP. OPMENT, INC. Principal BY• BY: M. Sosky 333 Wilshire Ave. '- Annheim, CA 928111 v "V LION I) NC). 995038S IMMMIUM $1,552 .00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front; Development, Inc.. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated March 19 1990 and identified as project developer is hereby referred to and made a part hereof; and V, HERT'AS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and DEVI;T,0PERS INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Ninety seven thousand ---------- dollars ( 97 , 000 .00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if.the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any .alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. P_T-Pr,O1r1 D AS TO FOPM:1 CPTT , ., �)eputy XtS'V�YW'��i +�ivL'vi'a�iSruUY•i�v✓Vl�vaY�u�kwv`Y�3��+M�'iaY'�4i�vaY'�tNvi��'�ifv�ui1/�'WvaY�l'�iiY•��uiJmiit�uP�a��9iu�'�tiV�i'iv �i The Insco/Do'co Group D.-. MAINTENANCE BOND BOND NO: 995038S PREMIUM: $ NIL INC1,11DED IN PERFORNIANCE BOND KNOW AI.J., MIN BY THI SE I'll I?SP'NI'S: THAT wv BEACH FRONT DEVELOPMENT, INC. cis Principal, and DI,VF;LOPI?ItS INS UIZANCF: CUNIP!\N1', it co rporat.ion organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in I.he State of California,ns Surety, are held and firmly hound unto CITY OF HUNTINGTON BEACH N011(Q.o as Obligee, In the sum ofNINE THOUSAND SEVEN HUNDRED AND h 9 , 700 .00 ) Dollars, for which pavment, well and truly to he made, we hind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION 01' THE OBLICiA'I'ION PS SUCH 'CHAT: WHI R.EAS, the ahove named Principra entered into an agreement or agreements with said Obligee t.o: TRACT 14160 b1'II1:RI:AS, said agreement, provided that Principal shall guarantee replac•enlent and repair of improvements as described therein for a period of one year following final acceptance of saki improvements; NO1V, TI-11'PIi;I,'OIZF, if the ahove Principal shall indemnil:v the Obligee for all loss that.Obligee may sustain by reason of any defective materials or workmanship which become apparent,during the period of one year from and +:„ after acceptance ol•t.he said improvements by Obligee, then this obligation shall he void,otherwise to remain in full force and effect. ti. IN WITNESS 1VI-fEREOI', the seal irnd signature of said Principal is hereto affixed and the corporate will and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 19 th day of MARCH 1990 DEVELOPERS INSURANCE. COMPANY BEACH P,4N OPP_MENT, INC. Prim ili;+l 3 -BY: BY: M. Sosky `W J :M:; Wilshire Ave. :Anaheim, CA 92801 �- i (71.1) 999-1-17 1 yy—•�j\` ~- ,�� , Pulc�l 111 17: I(I'.', � , ^��CA CORPORATION i' STATE OF CALIFORNIA ORANGE 1 SS. COUNTY OF NW2J On before me,the undersigned,a Notary Public in and for said State, W a W personally appeared M. SOSKY x personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- s Ct. in-Fact on behalf of Developers Insurance Company,the corporation therein FQ named,and acknowledged to me that the corporation executed it. �SAL SEAL +w WITNESS my hand and official seal. O. MORO HWAIWpt 10-CALIFOR/IM PRINMAL OFFICE IN E ORANGE COUMY 44 Ah L10tttatissioll Ellp. fury 2, 19D3 Signature DIC 304(REV.2185) This area for Official Notarial Seal L CORPORA71ON STATE OF CALIFORNIA COUNTY OF SS. On mA�+ 3� before me,the undersigned,a Notary Public in and for said State, rr personally appeared W personally known to me (or proved to me on the b sis of satisfactory x W evidence) be the person who executed the within instrument as a on behalf of %eAC.K vote RT 'D&NSNAP. E.N •::�.:q , OFFICIAL SEAL the corporation therein named,and acknowledged to me that the corporation I ANfV'ETTA ! MILLER executed it. ; to NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY WITNESS my he and official seal. My comm. expires MAY 3, 1993 Signature ]his area for(fcial Notarial Seal I D 304C(It EY.7.941 faithful Performance Dond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no'change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named. March 19 19 90 -BFaCH FRONT D VELO NT INC. as Principal By • By DEVELOPERS INSURANCE COMPANx as Surety = By os y, Ator y--Ln-FaUV- By BOND NO. 995038S The Premium for this Bond is: $1,552 .00 BOND NUMBER 9 9 5 0 3 8 S PREMCUM INCL. IN PERF. LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Beach Front DevdLopment, znc, (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 90 , and identified as project developer , is hereby referred to and made a part hereof; and I WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid five Code of Civil Proceedure in the sum o£ forty-eight thousand hundreddollars ( 48 ,500 .00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the. Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all pirsrnis, companies and corporations entitled to file claims under Title 15 (conunencing with Section 3082) of Part 4 of Division 3 of 21C r Y PC"il�;� v11� a-- it t CORPORATION DICO 4' q STATE OF CALIFORNIA ORANGE 1 SS. COUNTY OF u���{{ J On MAR before me,the undersigned,a Notary Public in and for said State, W M. SOSKY a W personally appeared S personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company,the corporation therein named,and acknowledged to me that the corporation executed it. �OOM�aorar� 4� OFFICIAL$FAL WITNESS my hand and official seal, D. MORQ o,�+'` NOTARY PUBLIC•CAI IFORNIII PRINCIPAL OFFICE IN ORANGE WUNTy �Yln nn r� fAf Cotnmisgpn flap.1utT 1, 1913 Signature DIC 304(REV.2185) This areafor racial Notarial Seal ? r' -CORPORATION - STATE OF CALIFORNIA '- COUNTY OF 0 C A34&E }SS. r,.:On '~`p►��� 3� y , before me,the undersigned,a Notary Public in and for said State, personallyappeared G1� '�1 EF RCy ' personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as 1 w ' P DES 1 P .2.. re Deg eLap on behalf of OFFICIAL SEAL %, 'the corporation therein named,and acknowledged to me that the corporation ''""'° c' Po g P _' ANf`ETi�A L MILLER -; executed it. P o 11:.'AR;' PUBLIC -CALIFORNIA c OR IJGE COUNTY WITNESS my h d and offs seal. l ^-•o°^`' b; comm. expires MAY 3, 1993 s Signature ` This area for Official Notarial Seal ID XWC(REV.7.84) Labor and Material Bond Page 2 the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on March 19 19�c _• Beach Front Development, Inc. as Principal C By: By: DEVELOPERS INSURANCE COMPANY , as Surety By; . 14. Sosky, Attor y-In-Fact By: i V CORPORATION STATE OF CALIFORNIA COUNTY OF nK&P4&E }SS. On MAR-C—Ak 30 0 0 before me,the undersigned,a Notary Public in and for said Stale, as personally appeared A?"1 Cot. T KSA W personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as a = on behalf of U'%.C_?l IZ0 tr4m G-%16LAQ F H the corporation therein named,and acknowledged to me that the corporation �P�,.. OFFICIAL SEAL executed it. e ANNETTA L MILLER W a NOTARY PUELIC -CALIFORNIA WITNESS my h d and ofric al. ' 4 ORANGE COUNTY My comm. expires MAY 3, 1°93 Signature ID JO/C(REV.7.84) %his area for(fficial Notarial Seal CORPORATION Dw q STATE OF CALIFORNIA COUNTY OF �RANGEI SS. On —,before me,the undersigned,a Notary Public in and for said State, W M. sosKY W personally appeared x personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- : 0. in-Fact on behalf of Developers Insurance Company,the corporation therein atrtrawraarware E p named,and acknowledged to me chat the corporation executed it. ..•, OFFICIAL SEAL " D. MORO R WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA PRI14CIPAL OFFICE INI s' ORANGE COUNTY ` r, My Commission EXP.10 2, 1"3 Signature ?D DIC 304(REV.2185) This area for Official Notarial Seal e o The Insco/Dico Group MAINTENANCE BOND BOND NO: 995038S PREMIUM: $ NIL INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, BEACH FRONT DEVELOPMENT, INC. as Principal, an(]DEVI'L0l'ERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct. surety business in the State of California,as Surety, are held and firmly hound unto CITY OF HUNTINGTON BEACH N01100 as Obligee, in the. sum of NINE THOUSAND SEVEN HUNDRED AND ( . L_9_1 700 .00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLICA'CION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: TRACT 14160 WHEREAS, said agreement:provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, 1f the above Principal shall indemnify the Obligee for all loss that.Obligee may sustain by reason of anv defective materials or workmanship which become apparent.during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full • force and effect. ' IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. s c� this 19 th day of MARCH , 1990 DEVELOPERS INSURANCE COMPANY BEACH FP-QN El Qp�IENT, TN .. 1rinririti� I. BY• ��Jq BY: M. togky Attornev-in-F•act ' 333 Wilshire Ave. Anaheim, CA 92ROI (71.1)999-1.171 rnHM\1 1,I.127 1 -C] CORPORATION DICO nz STATE OF CALIFORNIA 4R/SP�NGE I SS. t COUNTY OF l�! On before me,the undersigned,a Notary Public in and for said State, w M. SOSKY a w personally appeared _ = personally known to me (or proved to me on the basis of satisfactory t evidence)to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company,the corporation therein named,and acknowledged to me that the corporation executed it. E .%"`.'�.. • OFFICIAL SEAL WITNESS my hand and official seal. ' D. MORE m NOTARY PUBLIC•CALWCPJRIA [PRINCIPAL OFFICE Ilt ORANGE COUNTY `.: MY Commission EXP.It, Z, 14l3 Signature I �` DIC 304(REV.2185) This area for Official Notarial Seal CORPORATION STATE OF CALIFORNIA COUNTY OF }SS. In On before me,the undersigned,a Notary Public in and for said State, OR personally appeared ay w personally known to me (or proved to me on the basis of satisfactory w evidence)tAbe the ``pcgon ho ex cuted the within instrument as .a PiD a Q on behalf of e—ID 00 m OFFICIAL SEA]1993 the corporation therein named,and acknowledged to me that the corporation ANNETTA L MIL c D m NOTARY PUBLIC -CALIF executed it. ORANGE COUNTY My Comm. expires MAY WITNESS my h nd and offs ' seal. --- Signature ID 704C(REV.7.R4) This area for Official Notarial Seal 1 MONUMENT BOND SrPRu:iD h: 1C viu:i: Bond # 995039S GAIL HUTTCW TY ATTQH?LY Premium $5 0 .0 0 Depu y C.ity Attorney KNOW ALL MEN BY THESE PRESENTS: That Beach Front Development , Inc. as subdivider of Tract No. 14160 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi- Cate: That said Beach Front Development , Inc. (Subdivider) I as principal, and DEVELOPERS INSURANCE COMPANY as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said . certificate up to but not in excess of the sum of $ 2 ,.000.00 in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 19th day of _ March 19 19 90 y as Principal By; "By: DEVELOPERS INSURANCE -COMPANY as Surety By: os y, At rney- - ac . - R V STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 before me _ a Notary Public, in and for said County and State, personally appeared _ known to me to be the President and the Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of F .the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public R My Commission expirr..s: ^ J CORPORATION ` STATE OF CALIFORNIA COUNTY OF }SS. On before me,the undersigned,a Notary Public in and for said State, Ix personally appeared leile-9 W personally known to me (or proved to me on the basis of satisfactory x W evidence) be the pers h jecuted the within instrument as a a on behalf of eJ F y the corporation therein named,and acknowledged to me that the corporation '.`Cw A'� OFFICIAL SEAL a ANNETTA L MILLER executed it. a N07ARY PUBLIC -CALIFORNIA ORANGE CDU"ITY WITNESS my ha and of cia I ^I�PyP My comm. expires firAY 3, 1993 Signature I U J04C(REV.7.84) This area for Official Notarial Sea! CORPORATION DW STATE OF CALIFORNIA ((�� ° COUNTY OF ORANGE I SS. On before me,the undersigned,a Notary Public in and for said State, W SOSKY� W personally appeared M. i = personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company,the corporation therein F4� named,and acknowledged to me that the corporation executed it. �- AL re.. I WITNESS my hand and official seal- i D. MORO l M&W PUBLIC-CALIFON" PWNCIPAL OFFICE IN ORANGE COUNW _IPYA � , My Comatimion Esp.July 2, 1993 Signature DIC 304(REV.2/85) This area for Official Notarial Seal MONUMENT BOND Bond N 995039S ,-__Pr.erflium $.50_,00 12 KNOW ALL MEN BY THESE PRESENTS: jT Dsputyttorriey That Beach Front Development, Inc. as subdivider of Tract No. 1416 0 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi- Cate: That said Beach Front Development (Subdivider) as principal, and DEVELOPERS INSURANCE COMPANY • as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 2 ,.000.00 in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with a-nd 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 19th day of March 19 l9 90 ` BEACH FRQNT PMENT INC, as Principal c By: 'By: DEVELOPERS INSURANCE COMPANY , as Surety By: os y, Atto -In-Fact By: - STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and Statc, personally appeared _ and ` known to me to be the President and the Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: i STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of :► .the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public • A My Commission cxpirc s: POWER OF ATTORNEY OF �0 045050 INDEMNITY COMPANY OF CALIFORNIA r AND DEVELOPERS INSURANCE COMPANY P.O.BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of December, 1990. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue Ink and this notice Is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint***DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,Insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted bythe respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Y By Gerald A.Sauvageau,Pres dent VPANy Gerald A.Sauvageau,P esident \"sup �Oc�pPORl P (aQ'pRFOR,(q'I'O i OCT. - MAR.2L o ATTEST d 1961 ATTEST o IBTB By By i f(fro R� ? O 7(/FORN�*� Harry C.trowell,Secretary Harry .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990,before me,the undersigned,a Notary Public in and for said State,personally appeared Gerald A.Sauvageau and Harry C.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. / "` °. �� • OFFICIAL SEAL - -�.�,,,••.� n'1 �.xry.•a+ VIRGINIA M. LOUMAN Signature . NOTARY PUBLIC•CALIFORNIA Notary Public " a o PRINCIPAL OFFICE IN 4. ORANGE COUNTY LR My Commission Exp.Apr.9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim,California,this_22-t )day of MARCH '1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY \NSUq O4ppPOR�j �Q oRPORrq�o , _ By OCY.S, By_ /./,�( W r MAR.2T.�� p L.C.Fiebiger ur n' 1861 `' aoL.C.Fiebiger 18T8 ' a Senior Vice President si (fro"+*�? Senior Vice President f fro RR� ID-310 REV.12/89