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HomeMy WebLinkAboutFinal Tract 14043 Pacific Coast Homes-Seacliff Partners City of Huntington Beach as ' P C Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 ���;,,�►t� SHARI L. FREIDENRICH CITY TREASURER November 2, 1999 CERTIFIED MAIL ,Cauk:n T Pacific States Casualty Company 13751 Roswell Street, Suite D Chino, CA 91710 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on April 6, 1998, approved the release of the following bonds: Tract# 14043 Faithful Performance and Labor& Material Bond No. 8577 Monument Bond No. 8578 Enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, r' Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401. Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attaclunents) Ci: lhn i nc'.Shari`.L_cttcis`•.Bimd I_t.i 9 (o,K3 lool Ce Notes Office o the Cit Clergy :tf y Huntington Beach, CaCifornia lq-71,7 f �_- 4-1— /� ' u : GO 4c Q e i TiCe JVotes �3 - Office o the City ` = Huntington Beach, C� PO � City of Huntington Beach P.O.Box 190-2000 Main Street �y Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of anelle Case_____ . e u CityClerk g 7 elephone: (714) 536-5260, r: .t i'� ax: ��-714 4=1-557//7Jvo St cp 4-&� P A' CITY OF HUNTINGTON BEACH Lj .2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: 9 TO: ATTENTION: r/> / Name d�qD DEPARTMENT: SVee //���� 6 D REGARDING,, L 6L City,State,Zip See Attached Action Agenda Item — Date of Approval y Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. elq-� Connie Brockxvay.. City Clerk Attachments: Action Agenda Page—Z Agreement Bonds Insurance RCA Deed Other Remarks: CC: Name Dep ent RCA Agreement Insurance v Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Followup agrmts'Vans1V (Telephone: 714.536.5227) J� (12) 04/07/97 - Councilbncy Agenda - Page 12 E-5. (City Council)Acceptance Of Irrevocable Offer Of Dedication - Street Easement - 16168 Beach Boulevard - Huntington Executive Park -e/Beach -s/Edinger (800.50) - Instruct the City Clerk to have the Irrevocable Offer Of Dedication-Street Easement(attached) from Huntington Executive Park recorded with the Orange County Recorder's Office. Submitted by the Public Works Director E-6. (City Council) City To Release Securities And Accept Public Improvements -Within _ Tract No. 14043 - n/s Goldenwest Street -w/o Little Harbor Lane - Seacliff Partners, Inc. (420.60) - 1. Accept the improvements constructed and dedicated for public use within Tract No. 14043; 2. release the Faithful Performance and Monument Bond only. The Labor and Material bond will be released at a later date pursuant to California Government Code Section No. 66499.7 (b); 3. accept Guarantee and Warranty Bond No. 8577-M; the security furnished for guarantee and warranty improvements, and instruct the City Clerk to file the bond with the City Treasurer; 4. instruct the City Clerk to notify the developer, Seacliff Partners, of this action, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action; and 5. instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Submitted by the Public Works Director E-7. (City Council) Reimbursement Agreement - Home Depot, USA, Inc. - For Costs Incurred For Professional Planning Services &Acceptance Of Payment (600.10) - Approve and authorize the Mayor and City Clerk to execute a Reimbursement Agreement between the City of Huntington Beach and Home Depot, USA, Inc. for Costs Incurred for Professional Planning Services, as prepared by the City Attorney in an amount not to exceed $15,000 per quarter, for a term of one year and accept payment of$15,000 to cover professional planning services retroactive to first quarter of this year. Submitted by the Community Development Director E-8. (City Council) Resolution No. 97-24 - City Request To Caltrans - State Of California To Close Main Street - From Pacific Coast Highway To Olive Avenue - For Return Of The Tern's Festival And Carnival - May 16 Through May 18, 1997 (960.20) - "A Resolution Of The City Council Of The City Of Huntington Beach Requesting Caltrans Approve The Closing Of Main Street At PaGXG S At Pacific Coast Highway For The Return Of The Tern's Festival." Submitted by the Community Services Director E-9. (City Council) Equipment Replacement - Six Year Leasing Proaram -Authorization To Enter Into Lease Purchase Agreements (600.05) - 1. Approve the reduction of the Equipment Replacement Budget for 1996/97 by $538,300 (net decrease); 2. authorize the Deputy City Administrator/Administrative Services to enter into the Lease-Purchase Agreements for fiscal year 1996/97 identified in Attachment No. 2 to the Request for Council Action from the Administrative Services Department, dated April 7, 1997; 3. request the City Administrator to include the six year leasing program (as proposed in attachments) in future years budgets, and 4. request the City Attorney to prepare a Master Leasing Agreement to return to Council at a future date. Submitted by the Deputy City Administrator, Administrative Services Director (12) �,/ NOaPI to �°rP�t✓dcdtti �� y RGR LX"4 ITY OF HUNTINGTON BEAD V��� MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-019 Council/Agency Meeting Held: q)-7 7 y40.16 Deferred/Continued to: ®'Approved ❑ Conditionally pproved ❑ Den'e City Clerk's 96nature Council Meeting Date: April 7, 1997 Department ID Number: PW 97-019 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator �.. PREPARED BY: S M. JONES II, Director of Public Works SUBJECT: City to Release Securities within Tract No. 140 d Accept the Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmen%Status,Attachment(s) Statement of Issue: Seacliff Partners, Inc., the developer of Tract No. 14043 located on the north side of Goldenwest Street, west of Little Harbor Lane, has completed all required public improvements and is requesting a release pursuant to the provisions f the Subdivision Mpp Act. a Funding Source: ` m Not applicable. —o Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14043 and, 2. Release the Faithful Performance and Monument Bond only. The Labor and Material Bond will be released at a later date pursuant to California Government Code Section No. 66499.7(b); and, E- 0023764.01 -2- 03/05/97 5:01 PM AUEST FOR COUNCIL ACTIM MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-019 3. Accept Guarantee and Warranty Bond No. 8577-M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action. 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Analysis: On December 7, 1992, the City Council approved Final Map No. 14043 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). The labor and material bond, the security furnished for payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, will be released at a latter date. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, and water and sewer lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 8577-M as security. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title, Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: North side of Goldenwest Street, west of Little Harbor Lane Lots: 9 Lots Acreage: 1.857 Zone: R1-01 0023764.01 -3- 03/05/97 5:01 PM (11) 04/06/98 -Councligency Agenda - Page11 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes—Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of March 2, 1998, adjourned regular meeting of March 9, 1998, and regular meeting of March 16, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved 6-0 (Julien: Absent)] E-2. (City Council)Approve Release Of Bonds -Tract No. 14043 - n/s Goldenwest Street, w/Little Harbor Lane -Seacliff Partners Inc. — (420.60) 1. Release the Faithful Performance/Labor& Material Bond No. 8577 and Monument Bond No. 8578; and 2. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Company, of this action. Submitted by the Acting Public Works Director [Approved 6-0 (Julien: Absent)] E-3. (City Council) Approve Release Of Bonds -Tract No. 14277 -s/Intersection Of Doral Drive & Morning Side Drive - Peninsula 1 Partners, Inc. — (420.60) 1. Release the Faithful Performance/Labor& Material Bond No. 8593 and Monument Bond No. 8594; and 2. Instruct the City Clerk to notify the developer, Peninsula 1 Partners of this action and the City Treasurer to notify the bonding company, Pacific States Company, of this action. Submitted by the Acting Public Works Director [Approved 6-0 (Julien: Absent)] E-4. (City Council) Receive And File Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report— (310.75) Receive and file the Big Independent Cities Excess Pool(BICEP) Financial Statements And Supplementary Information With Independent Auditor's Report for the years ended June 30, 1997 and June 30, 1996. Submitted by the City Clerk [Deferred to 4120198] E-5. (City Council) Approve Park License Agreement With Southern California Edison Company For Langenbeck Park— (600.10) Approve the License Agreement with Southern California Edison Company to utilize 8.19 acres of property at Langenbeck Park for five years at $100 per acre per year, and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director [Approved 6-0 (Julien: Absent)] (11) �f/ cS/!1�TIt- OPI►r DPW 1@TY OF HUNTINGTON BEAR MEETING DATE: April 6, 1998 DEPARTMENT.ID NUMBER:PW 98-029 Council/Agency Meeting Held: '�'< <0 9 S PA Sao O Deferred/Continued to: Approve ❑ Condition Ily A proved ❑ Denied �� C�Ylerk's Signature Council Meeting Date: April 6, 1998 Department ID Number: PW 98-029 CITY OF HUNTINGTON BEACH ;:?,- REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �r, d- m a r-< SUBMITTED BY: RAY SILVER, Acting City AdministratorOW D cn c� PREPARED BY: ARYL D. SMITH, Acting Director of Public Works SUBJECT: Approve the Release of Bonds -- Tract No. 14043 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments Statement of Issue: Seacliff Partners, Inc., the developer of Tract No. 14043 located on the north side of Goldenwest Street, west of Little Harbor Lane, has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release Faithful Performance/Labor & Material No. 8577 and Monument Bond No. 8578; and, \2. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. Alternative Action(s): Deny the recommended action. Analysis: On December 7, 1992, the City Council approved Final Map No. 14043 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The developer has completed all required public improvements, and is requesting release of the faithful performance, labor & material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed nJ U 0030626.01 -2- 03/23/98 11:00 AM #QUEST FOR COUNCIL ACT& MEETING DATE: April 6, 1998 DEPARTMENT ID NUMBER:PW 98-029 consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, and water and sewer lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the bonds. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: North side of Goldenwest Street, west of Little Harbor Lane Lots: 9 Lots Acreage: 1.857 Zone: R1-01 Environmental Status: This recommended action to release the bonds is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number • Description 1 Location Map RCA Author: Bruce Crosby 0030626.01 -3- 03/23/98 11:00 AM ATTACHMENT 1 DM-3-L . • 9 009. SECTIONAL DISTRICT MAP 3-6-11 .D.. CITY OF HUNTINGTON ;BEA -H - 0RAN•G.E COUNTY,. CALIFORNIA USE. OF PROPERTY MAP..' • G4RFIELD 1 i E AVENUE j by tf W �.-. Y W CR. ----------------------------------- 9. . 1 / 1 y HUNYINGTIA CEACL:FF COUNTRY .,UN GOLF -C.OURSE wET 1 g{1 a OL ` f-Y IN0 110E I � iiF•' _ �•,n AI 4y~ i RCA . ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Release of Bonds - Tract No. 14043 COUNCIL MEETING DATE: April 6, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ......... _............ ._..... ......................... .. ....... .............. _......... ........ REVIEWED RETURNED FOR' ED. . .... ..... .. .. _ ... .... .. Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) ....... .. ............. _..........._ ......... ...._.. ........ ........ ........ ......... ........ ..._.... ........ .. ......... _ ........ ......... EXPLANATION FOR RETURN O:F ITEM: (BelowOnly) RCA Author: Bruce Crosby .j,"je CITY OF HUNTINGTON BEACH r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: SERCLe1:- f�ffiQ77V6tS ATTENTION: „065 ,BUNTING Name c l'0 '0 3BA°0�-a J�1f�YTsSlI/T� /OD DEPARTMENT: Street MON/C/91I!f41jCjQ A11,f, ,REGARDING:TiP. 7- 140 City,State,Zip 9D Q / R,ecLE'f�tSE DF t3�N 7 7 ?S 7, /W/f/C (J-M7�S C/1'SOfi47Y Ca See Attached Action Agenda Item C-z Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: &L491 6� 4Bo�y�as Connie Brockway City Clerk Am1 woll*a Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other . fk'T/LV✓ CC: 'Dhfig& um/77f A6EI94.4 Name Department RC y Agreement Insurance (O/V AR1w G.�DS,B 'P W Name _ Department RC Agreement Insurance Other ✓E _ "As M eye 5 Name Department - RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name- Company Name-Date GTollowup/coverltr Telephone:714-536.5227) • • y�0. 6 0 /tee rya 77 Ce Xo t e s Office o the ty CCerk �...: fff Ci Huntington Beach, CaCifornia, 01, ` ' "j ),Bs,�q — &UEST FOR COUNCIL ACTIA MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 97-019 Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(sl: City Clerk's Page Number 1 Location Map 2 Guarantee and Warranty Bond No. 8577-M 3 "Notice of Acceptance of Public Improvements" LMJ:BPC 0023764.01 -4- 03/05/97 5:01 PM J � NEW GARFIELD AVE. V) w NOT TO SCALE w o 0 LL- C TR. 14043 YORKTOWN AVE. ATTACHMENT NO. 1 LOCATION SOAP tai A iao CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14043 i, CITY OF 1-IUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK April 11, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Acceptance of Public Improvements for Final Tract No. 14043 to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Acceptance of Public Improvements.to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, 6w'Z� & Connie Brockway City Clerk CB/jc Enclosure: Notice of Acceptance of Public Improvements - (Telephone: 714-536-5227) Recording requested by, and when recorded return to. Connie Brockway, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190 - 2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) NOTICE OF ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on February 10, 1979, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use consisting of curb, gutter, sidewalk, driveways, cross gutter, paving, sewer and water lines. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on the Final Map No. 14043. Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH nnie Brockway, CMC Cit Jerk d B eputy City Clerk CITY OF HUNTINGTON BEACH This document is solely for the official bnginess of the City of I;,l.,tan;:,.on .,oc.o..h, as contem— by: City Engineer plated inn-1e: : Code Sec. 6103 and should be recorded APPRO ; D AS TO ORM: free of charge. City ttorney(}� .�/ /�i,� .� i 23760 Recording requested by, and when recorded return to: Connie Brockway, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190 - 2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) NOTICE OF ACCEPTANCE OF PUBLIC B7PROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on February 10, 1979, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use consisting of curb, gutter, sidewalk, driveways, cross gutter, paving, sewer and water lines. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on the Final Map No. 14043. Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH nnie Brockway, CMC Cit terk Deputy City Clerk CITY OF HUNTINGTON BEACH This document is solely for the official '_­iginess of the City b CityEngineer of Ht� :t:n;.,'on '^-<..ch, as contem— y' plated un le- "0 ':::c ent Code see. elo and should be recorded APPRO D AS TO ORM: free of charge. "A� z City Attorric) .,7/ 23760 J APPROVED AS TO FORM:. " ., 8577-M GAIL HUTTON Bond Number CITY ATTORNEY Premium Included 6 Power Number 74582 By Deputy ity ttorne9' GUARANTEE AND WARRANTY BOND WHEREAS, Seacliff Partners, A California General Partnership , as a Principal, and Pacific States Casualty Company , a corporation organized under the laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obliged, in the penal sum Of Eight Thousand Seven-Hundred Twenty and NO/100---------------($8,720.00)DollaFsrepresenting 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly -to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, WHEREAS, the said Principal entered into a contract with said Obligee, dated for work described as follows: Tract No. 14043 - Well Island "S" WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one year period. WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain- by reason of any defective materials or workmanship which STAYS��rrp /gyp ����y.. O vfaaLi'M A ) . S.S. CCLM OF Los Angeles ) On before me, Marian rla l Pi;,, a Notary Public in and for said Oxnty and State, personally, 1appeared Stephan n_ niini-har personally k-cwn to me (or proved to me on the basis Of sate factory . !! evidenoe) to be the persons) Whose nam (s) is/are sukiecribed to the within instnMent and adamledged to me that heVshWthey exa uteri the same in his/her/their authorized capacity(ies), and that by hia/harMwii,- STATE OF CALIFORNIA ) OUNTY OF Los Angeles ) FOR NOTARY SEAL OR STAMP On September 30, 1992 before me, die undersigned,a Notary Public in and for said State,personally appeared OFFiC1,1 L 3EAL Willaim C. Slater, Jr. personally '_.„ NI-ARA FS'I:C)PAR known to me(or proved to me on the basis of satisfactory evidence)to be the nt as Attorney-in-Fact on ";' '` LOS ANGMS COUNR' behalf person Pacific States tCasualty Company,the ecorporation therein named, � � ' My Comm._zpims r)CI 17. i994 and acknowledged to me that the corporation executed it. WII NESS'my hand and official seal / ture POWER OF ATTORNEY OF PAC IFI -V C N° 74582 STATES CA S U A L T 1 C O NIP ANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slated• Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behal of, corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship. Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power Of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. PIES CAISG COpPO ATTEST PACI S S CASUALTY COMPANY � a C 1982 ; B ��- 0 9�rF0 PNYP?aD BY F y - Bruce E.MacKenzie Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFtCIAI SEAL ELLEN H. OSHIRO Signature — 1,101.RY Puauc cot troRW. Notary Public PRINCIP&I OFFICE IN LOS•NOELES COUNIY (b. Y Co—issim huu 4,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 19892 PIES cos` PACIFIC STATES CASUALTY COMPANY y uOpP 049 U � � ? I^ FEB.1, O n dS 1982 ? D By 'o- 1r+ PSC-S-101 9/89 Esther R.Lowy, ecreta CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK i January 7, 1993 First American Title Insurance Co. 114. East Fifth Street Santa Ana, CA 92702 Attention: Subdivision Officer RE: Tract Map No. 14043 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints .of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk CB:bt Enclosure Received by ,/� ( - Dated /-07-cJ� (Telephone:714-536-5227) . �� � • � it REQUEST FOR CITY COUNCIL ACTION December 7, 1992 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator R4 Prepared by: Michael Adams, Director, Community Developm� Subject: FINAL TRACT MAP 14043 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL �oZ - 7 19 Consistent with Council Policy? [fir] Yes [ ] New Policy or Exceptio 41 } Y Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A� - STATEMENT OF ISSUE• The final map of Tract No. 14043 (also referred to as Island S within the Seacliff residential area) , located on the west side of Goldenwest Street approximately 800 feet west of Little Harbor Lane, is being submitted to the City Council for Approval. RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14043 and accept the offer of dedication and improvements, and bonds pursuant to the following findings' and requirements : " Findings for Acceptance of Map: 1. Final Tract Map No. 14043 is in substantial compliance with the tentative map previously approved by the Planning Commission. Requirements : 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 8577 b. Labor and Material Bond No. 8577 1 c. Monument Bond No-. 8578 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering 1 � and inspections shall be provided; d' P10 5/85 b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the Final Map. ANALYSIS• SUBDIVIDER: Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: West side of Goldenwest Street approximately 800 feet west of Little Harbor Lane. ACREAGE: 1. 86 AC LOTS: 9 NO. OF UNITS: 9 ZONE: R1-01 GENERAL PLAN: Low 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. The subdivider has satisfied the Park and Recreation requirement with the dedication of two (2) , . 55 acre parcels as required mitigation for Negative Declaration No. 90-28 . The subdivider is responsible for improvement of both greenbelts prior to issuance of any building permit . RCA 12/7/92 -2- (5098d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14043 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On May 6, 1991, the Planning Commission approved Negative Declaration No. 90-28 for the project itself . FUNDING SOURCE: Not applicable. ATTACHMENTS: 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MTU:MA:WC: lp RCA 12/7/92 -3- (5098d) '1 I GARFIELD AVENUE GARFIELDEl _ �_._. 1 1 i L i77 ��////\ :\� �•/' _ .�i-'.I --_/� L�:c::i�F!N::tii:SM�.. �:! ._:�l:1 Y L2=Li.'ff•:i!:L[ � C F_E C F -.: r L `gJ ' • Ao 1 ' I _ _ , i FM- FIT 14043 �J "U"rI"cTo"sE"C" HUNTINGTON BEACH PLANNING DIVISION •.1'REMW M $872.00 FAITHFUL PERFORMA'NCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby . principal agrees to install and complete certain designated public improvements, which said agreement, dated 19. and identified as Tract No. 14043 - project Well Island "S" is hereby referred to and made.a part hereof; and WHEREAS, said principal is required under the terms of said agree" ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we.the principal and Pacific States Casualty Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Eighty-Seven Thousand and Two Hundred 'and N01100-- ------------------------------ dollars $ 87,200.00 ( ) 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; otherwirjp�,Ii,��sharll tre`and• remain in full force and effect. GAII, rn�;T uY $y:: UupuCJ C ` Faithf*rformance 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, September 30, 19 92 Seacliff Partners, A California as Principal I General Partnership By r:_I By Pacific Sp6t,.qs Casualy ipaIny , a5 Surety By William C. later, r., Afto iey-in-Fact By if BOND NO: 8577 The Premium for this Bond is: $872.00 . BON 17 uMdhK lJt1 Included LABOR AND MA'1'L'RIAL BOND . WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General PartnershVherelnafter designated-as "Principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project Tract No. 14043 - well Island "S" is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subconttactors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the Sum Of Forty-Three Thousand Six Hundreddollars ( $ 43,600.00 ), 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 fetes, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and faxed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any ;md all porsrnis, comp mien and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of 'J I Labo* 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 September 30 19 92 i j j Seacliff Partners, A California General ,.as Principal i Partnership I By. wwi,... By: Pacific Sta es Casualty Comp any as Surety B William C. Slater, Jr., Attorney n-Fact M By; POWER OF ATTORNEY OF �° '74583 PACIFIC STATES CA SU A L T I CO?1 PA N 1' - NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is In black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3.1984. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; . RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. APSES CAS` re 9.PC19 'i ATTEST PACT S S CASUALTY COMPANY ° ?° v�< Lx� n FEB.1, a n , �r D t1982 ,pOpls *?a By By Bruce E.MacKenzie # Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned.a Notary Public in.and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. �M OFFICIAL SEAL ELLEN H. OSHIRO Signature NOI•R1'PUBIIC CA1 If ORN14 Notary Public PRINCIPAI OFFICf IN LOS•NOELES COVNI♦ My Ca—iss an C.oi•K Jum 4,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 188 92. PSEB C4sG PACIFIC STATES CASUALTY COMPANY `y=`OpPOq FEB.1, a In a n 19l2 e° o � Nv aD By ",Oft *? PSC-S-101 9/89 Esther R.Lowy. ecreta • MONUMABOND Bond 8578 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Seacliff Partners, A California General Partnership 14043 - Well as subdivider of Tract No. Island "S" 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 Seacliff Partners, A California General Partnership , (Subdivider) as principal, and Pacific States Casualty Company I . 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 $ 3,000.00 -(Three Thousand and NO/100) 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. IIN WITNESS WHEREOF, we have executed this instrument this 30th day of September 19 92 ;` •. ..; Al Seacliff Partners, A California General , as Principal. 4 , artners p L By: i By: ! Pacific Sta s,,.9asualtocomApy as Surety By: . By:William C. Slater, Jr., Attorn -in-Fact i } • POWER OF ATTORNEY OF r PACIFIC N° 74581 STATES CA SL A LT 1" COM P'A NT NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds.mortgage deficiency bonds.mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is.authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 41h day of January 1988. `PSEs cq8` P PACI S S CASUALTY COMPANNY� °�°op °A'r�� ATTEST ��J�\r ee�+ "'v w• ? FEB.1. O C1 F a n 19a2 ; 0 F OpNsp?a By By Bruce E.MacKenzie Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIROtRO Signature NOi ARv P(M0c CM IFORNIA Notary Public PRINCIP&I OFFICE M E Los ANOEIEa CouNtr Mr Commission Lanur Jum 1,1993 oq PQ oq O4 Pq o%oR oi"OR CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 19892 '1E5 C4aG PACIFIC STATES CASUALTY COMPANY 11 y 40pP Oq'j9�< 0 = FEB.1, O n a p 1982 ! a NsP?aD By FOP PSC-S-101 9/89 Esther R.Lowy. ecreta NOTICE OF CIPPLETION WITH CONDITIONS OORACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PUBLIC. WORKS DEPARTMENT Bruce Crosby TRACT NO. � ¢3 DEVELOPER 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 : Signature NOTICE OF COMIP;,IANCE WITH CONDITIONS ON 7Ct�:,'�'.��3t it;�L IiA2 AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. I4 D4 PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER 4ed is Tel C. Adams All"61010e A`CjERTiFiC�4T - INSURA_ NC = as.;a. A� ISSUE DATE(MM/DD/YY) r+ 7-10-92 'RODUCER ^� FDOES IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND NFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SA.NDLIN .& ASSOCIATES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE AGENCY, INC. LICIES BELOW. P.O. BOX 769 COMPANIES AFFORDING COVERAGE DOWNEY, CA. 90241-0769 COMPANY LETTER A SAFECO INSURANCE CO. COMPANY _ NSURED LETTER B NORTH AMERICAN INSURANCE CO. SEACLIFF PARTNERS COMPANY A CALIFORNIA GENERAL PARTNERSHIP LETTER C INSURANCE COMPANY OF PENNSYLVANIA URBAN WEST COMMUNITIE COMPANY AY,S U-I' " D , 5 OADW ' 10 LETTER SANTA MONICA, CA. 90401 COMPANY E LETTER OVERAGES- ....,: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �O POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OF INSURANCE. POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,OOO,OOO X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG. .S 1,000,000._ ... ....... - A `_CLAIMS MADE' X OCCUR.: CP2211709C 04-01-92 04-01-93 ,PERSONAL&ADV.INJURY _$1,000,000. X OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000. _....-- -. - - FIRE DAMAGE(Any one fire) S MED.EXPENSE(Any one person)'S 5,000. AUTOMOBILE LIABILITY ED SINGLE - $ .ANY AUTO COMBINED NGLE LIMIT ALL OWNED AUTOS 0 BODILY INJURY S SCHEDULED AUTOS �. (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) GARAGE LIABILITY - PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S 10,000,000. C X UMBRELLA FORM 4292-6685 04-01-92 04-01-93 AGGREGATE _ $ 10,000,000. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS 09-30-91 09-30-92 DENT- - A AND WC806213 AND �'D EACH ACCIDENT 51,000,000. EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ 1,000,000. 09-30-92 09-30-93 DISEASE—EACH EMPLOYEE S 11000,000. OTHER B BUILDERS RISK—SPECIAL $66,000,000. LIMIT OF INS. FORM—ALL RISK. 530540 01-01-92 01-01-93 5,000. DEDUCITIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED'S OPERATIONS, WITH RESPECTTOANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET v EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL $�i�vl�l9* HUNTINGTON BEACH, CA. 92648 MAIL_3.0_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO LEFT. $tT�� �L�t '�1I�fJ1L�'S�L`ili'"tS1 '�HY� i*(fJL''NE3kf�3f}LfC e4#dVF'��*�5 IdY�►(9TYE�J�) f#�$ , P�f��fSL�i`T'�'�R'�Pd9L�N'T'�{i`it�t� AUTHORIZE PR TAT[V I - ACORD 25-S (7/90): ADACORD CORPORATION 1990 • CITY OF HUNTINGTON BEACH LAD2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 Pacific Coast Homes 2124 Main Street, #200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, December _7, _1992 - , approved the Subdivision Agreement for Tract No.14043 . We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14043 THIS AGREEMENT is entered into this loth day of December 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,. hereinafter referred to as "CITY, " and SEACLIFF PARTNERS, a California general partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to . public use, and is about to file with CITY a map of the tract of land known as Tract No. 14043; 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, 10/6/92 :PDA -1- as required by Sections 66499 and 66499 .3 of -the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration. of the promises and agreements of the parties as herein set forth, the parties agree as follows : 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform "the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic .water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 10/6/92 :PDA -2- 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract . 3 . - GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as. stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Eighty-seven Thousand Two Hundred and no/100 Dollars, ($87,200 . 00) as prescribed by HBOC Section 9970, which security .is given to CITY to insure faithful performance of this Agreement and of all 'of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a subst-itute security at any time. 10/6/92 :PDA -3- 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER' S employees and damage to SUBDIVIDER' S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, SUBDIVIDER acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; SUBDIVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit. 10/6/92 :PDA' -4- SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7.. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees., and all public agencies as determined by the CITY as Additional Insureds . SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . 10/6/92 :PDA -5- SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty ' (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of -CITY by SUBDIVIDER under Section 5 of this Agreement. - 'CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the . premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 10/6/92:PDA -6- 9 . ENTIRETY This agreement contains the entire agreement between the parties . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: SEACLIFF PARTNERS a California General Partnership By: UWC-Seacliff, L.P. Mayor- a California Limited Partnership a General Partner ATTEST: By: UWC Seacliff Land Corp. _ a California corporation City Cler,� G eral Partner , i APPROVED AS TO FORM: By: a�-C Zli�d, City AttorneyIts �oZ By: Its : �f? By: PACIFIC COAST HOMES, INC. a California corporation General Partne� By: -' Its : V• C-C By: Its : REVIEWED AND APPROVED: INIT TED AND A ROVED: G&fy Administrator Director o Public Works 10/6/92:PDA -7-