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HomeMy WebLinkAboutFinal Tract 14318 Seacliff Partners - Subdivision Agreement G ; b P"1 keh + I"0109 5T "r�,4CT/any 1 'f s� � to OF HUNTINGTON BEAC( �Ib4D, FIV' 7XC&�V KCe— ReR/,sT»7T• U� MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96- 1 Council/Agency Meeting Held: IOL71 (, Deferred/Continued to: U'Cpp��roved El Approved ElDenied City Clerk's Si ature Council Meeting Date: October 7, 1996 Department ID Number: PW96-071 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ro, SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato a -e r r , PREPARED BY: LES M. JONES II, Director of Public Works CD �j�& N SUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTAN TRACT Ne. 14318 Z Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) 0 Statement of Issue: Seacliff Partners, the developer of Tract No. 14318 (also referred to as Island "AB" within the Seacliff residential area), located on the south side of Loma Avenue, approximately 500 feet west of 14th Street, has completed all required public improvements and is requestin.0 a release pursuant to the provisions of the Subdivision Map Act. ,P/ Fundinq Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14318 and, 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. 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 Co., of this action. �` `9 0021103.01 -2- 09/23/96 1:56 PM SIGNED this 5th day of February , 1993 . Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: tep President 06��� Pacific States Casualty Cmmpany ,asS rety IBy: / (. William C. Slater, Jr., Attorney-in-Fact By: BOND NO. 8689-W i The Premium for this Bond is: Included 1 APPROVED AS TO FORM: GAIL HUTTON.,, City Attorney By:. D uty City Attorney ��2�Gt.e�-.A� .z _ Z y- s7 POWER OF ATTORNEY OF , N° _ 61400 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at 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$1,500,000 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 toexecute 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 4th day of January 1988, 10�%EB C4&& o ° a � p Oq PACIFI CASUALTY COMPANY _n ?4 FEB.1, o n ATTEST 0 C. laax By • By Bruce E.MacKenzie Esther R.Lowy.'69'Cretaiy 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 F0___ My TANIA SHPARAGA Signature OTARY PUBLIC -CALIFORNIA Notary PulicLOS ANGELES COUNTY cortim. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February .198_21 -%69 C,BG PACIFIC STATES CASUALTY COMPANY a`ojkPoq��+�` 0 j FEB.1. C n s r, 19E ' D "Wv "to: By ,!+ By (4to� * * PSC-S-101 9/89 Esther R.Lowy.Secretary I have received the Faithful Performance Bond and the Labor and Materials Guarantee and Warranty Bond, Monument Bond bond for _Final Trant 14118, Sparliff Pa n c - Subdivision Aggeement S/S Loma Avenue on behalf of the Treasurer's Office. Dated By CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 16, 1993 First American Title Insurance & Trust 114 E. 5th Street Santa Ana, California 92701 Attention: Subdivision Officer Va-h� Regarding: Tract Map No. 14318 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. 0. Box 190, Huntington Beach, California 92648. Sincerely, Connie Brockway City Clerk CB:MJ Enclosure ) Received by: Dated: /ate �i141/rie 1495K/1520K (Telephone:714536-5227) x i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 15, 1993 Seacliff Partners 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, June 7, 1993, approved the Subdivision Agreement for Tract No. 1431S. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure 1539K/1540K (Telephone:714.536.5227) NOTICE OF16OMPLIANCE WITH NDITIONS ON TRACT/1 RCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ NO OTHER: �T/V�' p(�er ' for: Howard Zelefsky , Planning Director j} (releases/docjm) * REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-071 Alternative Action(s): Deny the:recommended action. Analysis: On June 7, 1993, the City Council approved Final Map No. 14318 and accepted bonds, the securities furnished for faithful performance, labor and material, guarantee and warranty and monuments. The developer has completed all required public improvements, 'and is requesting acceptance of the work and release of the bonds, pursuant to Calif. Government Code Section 66499.7. The Guarantee and Warranty Bond will be exonerated by separate Council action and is to be retained for a period of one year. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer, storm drain and water 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. Following is a list of project data: Subdivider: Seacliff Partners, 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St.; Santa Ana, Ca. 92702 Location: South side of Loma Avenue, approximately 500 feet west of 14th Street Lots: 10 Lots and Lots "A" Acreage: 2.193 Zone: R1-01 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). 0021103.01 -3- 09/17/96 10:34 AM WREQUEST FOR ACTION • MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-071 Attachment(s): City Clerk's Page Number 1 Location map LMJ:BPC 0021103.01 -4- 09/17/96 10:34 AM STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH *********-Indicates Portions Of The Meeting Not Included In The Statement Of Action Council Chamber, Civic Center Huntington Beach, California Monday, October 7, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- Items Approved On motion by Garofalo, second Harman, the following Consent Calendar items were approved, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Release Of Securities - City Acceptance Of Tract No. 14318 - Seacliff Partners - s/o Loma Avenue - 500 Feet w/o 14th Street - Island AB -Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14318; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed 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. 96stact • Page 2 - Statement of Action Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:30 p.m. to October 21, 1996 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California 92648. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/ Dave Sullivan City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 7th day of October, 1996. Witness my hand and seal of the said City of Huntington Beach this the 15th day of October, 1996. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B De City Clerk 96stact �� z a ADAMS AVE. E F= ---------- ------- NOT TO SCALE TR. 14318 ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14318 !r. City ton Beach v of Huntin � P O Box 711 CALIFORNIA 92648 ryy ►Y TELEPHONE 714 536.5200 FAx 714 374.1603 !- SHARI L.FREIDENRICH CITY:TREASURER January 3, 2000 CERTIFIED IVAIL Seacliff Partners 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 17, 1996, approved the release of the following bond: Tract# 14318 Faithful Performance Bond No. 8689 Labor and Material Bond No. 8689 Monument Bond No. 8690 The original copies of these bonds were sent certified mail to your surety's address, but were returned to us by the post office. Therefore, I am sending the bonds to you for your records. Also 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, Shari L. reidenrich, CPA, CCMT City Treasurer a n Enclosures co rr+^ cc: Bob Beardsley, Director of Public Works (no attachments) > > c Connie Brockway, City Clerk (no attachments) z �` sv � ry � G.',Denine'.Shari'-.Letters',.BondLtj: BOND NO. 8690 PREMIUM. MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARNNERSHIP .as subdivider of Tract No 14318 WELL ISLAND "A & B"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 certificate: That said SEACLIFF PARTNERS,A CALIFORNIA GENERAL PARTNERSHIP , (Subdivider) as principal,and Pacific States Casualty Company , as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recorking of said Final Map, in arrordance with said map and said certificate up to but not in excess of the sum of $3,700.00(THREE THOUSAND-SEVEN HUNDRED AND 00/100), 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. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 , 19 93 , Seacliff Partners,as Principal APPROVED AS TO FORM: GAIL BUTTON,,; City Attorney By: UWC-Seacliff Limited Partner By:. Deputy City,Attorngyy Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Stephen D.Gunther President Pacific States Casualty Comps Sur y By: , William C. Slater, Jr., Attorney—in—Fact By: J BOND NO. 8689-W PREMIUM. Included POWER NUMBER. t t 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 under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of Fourteen Thousand Nine Hundred Thirty Dollars ($14,930.00), representing 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, excutors, administrators,successors and assigns jointly and severlly, WHEREAS, the said Principal entered into a contract with said Olbigee,dated for work described as follows: TRACT NUMBER 14318 WELL ISLAND"A dt B" WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarnatee 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, THERFORE, 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 become apparent during the period of one year form an after date of completion of work and acceptance thereof by Obligee. • NOTICE OF AUTHORIZATION FOR TRACT RECORDATION TO: CITY CLERK DATE: FROM: PUBLIC WORKS DEPARTMENT BRUCE CROSBY TRACT NO. DEVELOPER: CONDITIONS: PAYMENT OF ALL FEES: FAITHFUL PERFORMANCE BOND: LABOR & MATERIAL BOND: MONUMENT BOND: CERTIFICATE OF INSURANCE: SIGNATUR 1-1 r--t T — 1 L — I V C >� _ zi 4 F, _ la 2 ISSUE DATE(MMIDDIVY) .(�Ql•t�. CERTIFICAT _ F INSURANCE y , :` 5-11-93 y 1 ..�:a.9 r..y_• ..•'. ..•. :�:•'•!: •'�:'..I L.••r'I.�•:.';:'y� ::I::•..',rid..;": ..'....'d'. !vROdUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOC. INS. AGENCY,I @ ES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE HALLt�]ARK ASSOCIATES INS. SERVI'- LICIES BELOW, P.' 0,' BOX 769 I' M COMPANIES AFFORDING COVERAGE r -•. DOWNY, CA. 90241 { COMPANY A ! j tErTER - -- SAFECO_INSURANCE___.�.-......w_..,w_.. _.w.. CoMPANY S INSURANCE COMPANY OF THE STATE OF .. ..I . .. .._...___.._.,_ ,._:..:......... J LETTER I►i�u sog2ACLIFF PARTNERS, A JOINT VEN !..-_._..—_-_-PENNSYLVAN'IAr.:.._.�., _........ _..__._...... , ..... . TURE OF PACIFIC COAST HOMES AND DoMPANv URB WEST COMMUNITIES ) LETTER C RELIANCE INSURANCE 52bAN ROADWAY, SUITE 100 cc_' AN_ ....----......_..... __._. .. ... .. ......._...,..,.:_.._..__.._....._.. .. SANTA MONICA, CA. 90401 • ! 'ETT� D i COMPANY E I LETTER , .h•.'.'=.:. �•....$, 4..L'+..'1:9'. .1 'el:"...•.r,.:t�� ..+qb:........::•,r."•i.. '�..Z A•rV.yil• :::'t)!.,..1'• ..Ji.:O✓!:.w_.,;:,:•:.....+:} `IT:�!• :e• `�,.:!,•'•''r. THIS IS t0 ORTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE$EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD tD'CATED,NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS RTIFICATE'MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 6k;LUJIUNS'ANU UUNUIIIUNS Ul-SUIUM I-ULtL;ItS,LINII IS SIIUWN MAY mAVt tmtN,rttuuut_u tiT r-Aly 4LAIMS. 'COPOLICY EFFECTIVE POLICY EXPIRA110N: LIMITS i PE bF INSURANCE POLICY NUMBER TR I i' i !DATE(MM/DD/Yl) �DATE(MIvUDOIY`r) OENERAL LIABILITY - GENERAL AGGREGATE 1 2 O Q O Q O Q COI.(MEpG�IAI GENERAL tLAljIIITY _ ....-_. _ xx r ? ;PRODUCTs COMP/0P ADO. i 1,Q 0.0. 0 O O A •.r ; XX C P 8 0 6 213 _._ .._.__..... CLAIMS MADE OCCUR. 0 4-01-9 3 0 4-01-9 4 PERSONAL i_ADV_INJURY i 1 t 0 0 0,,O O O OVSNCR'S 3 CONTRACTOR'S PROT.• EACH OCCURRENCE-_- ,S 1 r O Q O E O Q Q I _• FIRE DAMAGE(Anyone e tlfe) / rS Q•T�Q O _ . _ ... _ .. . .. MED.EXPENSE(Amy ens pwm) i 5 .000, AUTOMOBILE LIABILITY COMBINED SINGLE j ANY AUTO OMIT j ALL OWNdO AUTOS_ apgRO�EDTAS TO FOR2d: __!, SWILY INJURY...._.. _. ... .. ;i. ._.._.._.... .... ......: (Per person) i _ sembUJO AUTOS GAIL _ -HIRED AU403 BY: Y ' BODILY INJURY __.._..•_l NdN-0WN D AUTOS I (Per attidml) i GARAGE ABILITY ! ^ 1 i PROPERTY DAMAGE I ! t(CESS LIABILftV EACH OCCURRENCE i 10 0 O O 0 O B XXUMBpEt.jF-ORM 4292-6isdIf I ' a r7, AGREGA—T E. : ._I_..O. -,.000J0_O -1t OTH16 THAN UMHpELLA PORM ' ! i STATUTORY LIMITS { W6414TA'SCOMPENSATION I ^c 7 EACNACC e ^ e Q .:......_-,.,......_... - A Wr R51T1Ti� l 1 (� IDENT -ti 1r0001000 l _ __... .... DISEASE-POLICY LIMIT i 1, 0, O�. EYPLO�ERS'LIABILITY DISEASE-EACH EMPLOYEE i I IOTHER C BUILDERS RISK-SPEC- $7 ,500 ,000 . LMT OF INS. IAL FORM-ALL RISK- QM 44618.90 -" -01-01-93..01-01-94 - • $5 ,000. DEDUCTIBLE REPLACEMENT VALUA- DESC I QF 3IiERAT1ONSA_OCATION$IVEHICLES,SPECIAL ITEMS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING. OUT OF INSURED 'S OPERATIONS , WITH RESPECT TO ANY PROJECT OF SEACLIFF PARTNERS . CERTIFICATE HOLDER CANCELL ION s i ASHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE iATTN: DENNIS COULTER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Kx"u) sx CITY OF HUNTINGTON BEAC14 MAIL I) DAYS wRiTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LXXXMXXrXXXXX HUNTINCTON BEACH, CA. 9264$ AUTHORIZED AEP SCNT 'r E !! ACORp 25 5 (7/90) �` ri. C`ACOAD CORPORATION 1990 rrrrr - ii - » IlJ � 7344 P _ 192 ISSUE INSURANCE � , r��� ; DATE(MMrODlY1) ,1rQ�a1. CFERTIFICAT u _i, : ,, I .a5-11-93 PRO UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOC. INS. AGENCY,I @QES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE HALLMARK ASSOCIATES INS. SERVIeRgLICIES BELOW. P. ' 0,' BOX 769 I COMPANIES AFFORDING COVERAGE , DOWNY, CA. 90241 — j I COMPANY A LETTER SAFECO INSURANCE_ _..1 .. ..I . .. . ... _....._.__._.__._._...___ _..... I D """B INSURANCE COMPANY OF THE STATE OF IN 1.0 e49EACLIFF PARTNERS, A JOINT VEN,,. R _.�. _.V_PENNSYLVANIIr .- _......�..__._ ......._, . .. . TURF OF PACIFIC COAST HOMES AND COMPANY C j URBA4 WEST COMMUNITIES I�••L �" _ RELIANCE INSURANCE 52b BROADWAY, SUITE 100 I COMPANY _ SANTA MONICA, CA. 90401 . Le"ER O w __. . .... __ ._.._ .._.._.._......._..._... .. _._, .._.... COMPANYE LETTER fCOVERAOS • •;; ';i rr. '•5�;::;�;'�:. ..ice"iii } :.::,;.' ;etj:•.�..:,, .. ,:�;.:.+•.i.° •�(It.t.:;K��:"f••:•:'i�::l�•;'��4 :'_ �' -. , . � .t ... ._" .,,_..vS•,. ...L_....a•. .t vf:`:..:.r..,:U'r.....:ke_.........,.•.•^.'::.`i'yti�sarr'rv.}aiL::..:.•"�::•':'.Sy'n..lf,:7r:'e.Je.:�w....::w.v•,.,.:.. •3�'.� :•!..•.L• �:.".� ^�:.:.:,'r:'. ..� 1•HIS IS TO C�RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' {NDICAY0,NOTWITHSTANDING ANY AEOU1REMENT,TEAM 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, i I xt;LUbIUNS'ANU t,;UNU,I IVNS Ur SUCH 1'ULIUIP-S.LIMI10 SI'1vvvm MAY wove tyttN ntuvt.t:U tsT rAly&AihiS. CO I 'POLICY EFFECTIVE POLICY EXPIRATION: PE bF INSURANCE POLICY NUMBER LIMITS I ;' � i GATE(MM/OD/YY) �DATE(MhVDO(YY) OENERAL LIABILITY - GENERAL AGGREGATE >t 2 0 Q O O O O %X COlA-4EI4dIAL GENERAL LIA$ILITY • :PRODUCTS-COMP/OP AGa. _S 1 9.0.0.f 099 A rCLAIMS MADEXX OCCUR. CP 806213 04-01-93 '04-01-94 PERSONALIADV.rNJURY i 1 ,000 ,r0O0 OVS'N[R'S A CONTRACTOR'S PROT.. EACH OCCURRENCE 0 0 0 ! 0 0 7F1RE DAMAGE(Any one fire) Srj 0.1 Q O Q r MED.EXPENSE(/uty aea parson) 15 ,000 i AUTOM601LE LIABILITY i COMBINED SINGLE i j ANY/1Ur6 PROVED AS TO FOR14: _-*r uMlr ALL OWN O AUTOS AP ,�_. _ _ . _.....__, ._.. ._ ... .. :. . ...._.._.... ..... ....... . 1 80011-Y INJURY IL ; S6HEDUL IID AUTOS GAIT_- T'�/.+ ij_ (Per person)HIRED , os BODILY INJURY I j NdN�OWNIOAUTOb j (P.raeeidant)- -'_-- j -.._ .._.-•...- GARAGE ABILITY �e PROPERTY DAMAGE 11 1 EXC£SS LIABIL" I EACH OCCURRENCE 8 O O O O O .B XXUmaaerjFORM 4292-6681 04-01-93. '04-01-94 AGGREGATE i 10.�.000�0_O I / .:.t.._ _�.._:.... OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS A ^^v wr 8062,11.. �' ;n4-3A-9Z 09-34-93 EACH ......,........_... _ r.... ; 1 I / ACM ACCIDENT !< / 1 OOO OOO — j DISEASE-POLICY LIMIT ': 11.0.0.01 0 0 0_ EMPLOiERS•LIABILITY I / DISEASE-EACH EMPLOYEE OTHER C $UILDERS RISK—SPEC - $7,500 ,000 . LMT OF INS. IAL PORM-ALL RISK- QM 4461896 '-" .01-01-93. 01-01-94 $5,000. DEDUCTIBLE REPLACEMENT VALUA— ' DESC I OF';;ERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - - CcRTIFICATE HOLDER NAMED AS ADDITIONAL INSURED:'WITH RESPECT TO LIABILITY ARISING' OUT OF INSURED 'S OPERATIONS , WITH RESPECT TO ANY PROJECT OF SEACLIFF PARTNERS . CERTIFICATE HOLDER ..;.. :.; CANCELLATION A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: DENNIS COULTER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL K+x"]dxxr3X CITY OF HUNTINGTON BEAC14 MAIL i0—DAYS v.`RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE j 2000 MAIN STREET c3�K+mxxxxx HUNTINCTON BENCH, CA. 92648 Y0xxL'tmX.{XrJkKr]Ltii]��i K {I 3€�f}d3 � 3f �'{r}C }d1 KYt�E7evXX AUTHORIZED REP SCNT T�E ACOAD 25-5 (7/90) n'' ; t 0ACORD CORPORATION 1990 POWER OF ATTORNEY OF < 0 ;_ � N° 61401 PACIFIC STATES CASUALTYCOMPANY 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$1,500,000 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,PACI FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4'tEs PO 4 PA ATTEST PA•CIF9 CASUALTY COMPANY .: : FEB.1, O n 0 By • By Bruce E.MacKenzie Esther R.LowyN6kfe'taly 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. f OFFICIAL SEAL TANIA SHPARAGA Signature c NOTARY PUBLIC -CALIFORNIA Notary Pu lic ( LOS ANGELES COUNTY My comm. expires FEB 1, 1493 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 5th day of February ,198 93. ♦SEB cos, PACIFIC STATES CASUALTY COMPANY `0 40V PogI 0 r FEB.1, O n n lYl2 ' D By * ' PSC-S-101 9/89 Esther R.Lowy,Secretary REQUE ,- FOR CITY COUNCI ACTION June 7, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator 'r Prepared by: Michael Adams, Director, Community Developm Subject: FINAL TRACT MAP 14318 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL` �_ 1993 Consistent with Council Policy? [A Yes [ ] New Policy or ion Statement of Issue, Recommendation, Analysis, Funding Source,Alt rnative A tions , STATEMENT OF ISSUE• The final map of Tract No . 14318 (also referred to as Island AB within the Seacliff residential area) , located on the south side of Loma Avenue, approximately 500 feet west of 14th Street, is being submitted to the City Council for approval . RECOMMENDATION• Motion to : "Approve Final Tract Map No. 14318 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. 14318 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14318 conditions of approval as 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. 8689 b. Labor and Material Bond No. 8689 c. Monument Bond No . 8690 d. Gaurantee and Warranty Bond No. 8689-W. 10 Y / P10 5185 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a . A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. ANALYSIS• SUBDIVIDER: Seacliff Partners 23 Corporate Plaza Suite 250 Newport Beach, CA 92660 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Southside of Loma Avenue, approximately 500 feet west of 14th Street ACREAGE: 2 . 19 Gross AC LOTS: 11 (1 lettered) NO. OF UNITS: 10 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 in conformance 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 6/7/93 -2- (6818d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14318 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 . Tentative Tract Map No . 14318 3 . Subdivision Agreement 4 . Monument Bond 5 . Faithful Performance Bond 6 . Labor and Material Bond 7 . Guarantee and Warrantee Bond MTU:MA:WC: lp RCA 6/7/93 -3- (6818d) ,D.,�;,_� : CF(RI 0)CJ' /•'�6-D T r, Ii cD-o i R2 R2 RI CF-E ° SP If 1 N ' cd10 A R2-0 _ RI•/ s'4 yr RI 6 (RI-Cl (DI CRDI T Ol �1 V CD 0 R 4 Hwy :I 1, �a a -CDC c� R1_a .•.lu DD2T 9 .'a'.. .x o•n':PE E v _ -_ " `• xs o 6°� ••�U71CA L R4 JL R2-0 R2-0 I 01 RI cc o 0. ��, 1 RI " 4/ /% ' 'SEr.CLiFf......LN'.�'�•i CF-R RI RI RI RI RI R2 CD-0 TaRalro ' o 0 E 1 NO Rl�ori y", imosFON NR ? RI O j :: '�.• i -CD O DI p I 0 0•C!r pVO CT' ,1, P° ///A 1'�Y`•'.S RFO )�1' SPRINGFIELD />� c •O Y o o D i YIGWiDR. 10 N N o 0 R 'perk ;! •y fine r.: e u tr �-0 �+CIIC. 01 01 I J b 3 ���r T Q RI RI RI RI RI R2 -o ROr1iF5TER hd o a AVE. '��•~ - l R��f' 'RIO 4• 9 W D z a0 y�Y 4 rod �J -' - ! t �' ° a a ����� aE R3-0 R3-0 ' 2 DAMS RI-O, !3' Je` r - -,ti\°q'\�,� u. 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IJ I I - ^ VVVVV h1 2 R I nN�� UU UU UU Li MLL�RI a RI nn EI • c FT 14318 HUNTINGTON BEACH H JNTINGTON BEACH PLANNING DIVISION SHEET 1 OF 1 r TENTATIVE MAP TRACT NO. 14318 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAEIFORNIA vcwry .LyyS t �Mf eon'\c A' q 'p • \ . '+w,rr ::�Of 'd'r " , i l'�w�. 4�i) 'S .o m:""o'o'e•�.uowam.o.o.m / ,1`� ,,. / a"'l 4 �y •� � �.°�I,a"cao.�ma�,�v.n a rls.�u i 'A' STREET L, Tb e pvF F LQMA hN2Nss 6(E1?uSTINGI .. - 9 Il' y '� --••—� a l rF A 5Fop&. ran 1 % ' nl•eMa9 att u aW onp.u� el, 7• L i AAIDEN! TENTATIVE MAP SSOCIATES r.,. TRACT NO. 14318 -- _Y1C_ \%.`r�• y11 11 �� PACIFIC COAST HOMES HUNTINCTON BEACH, CA, REQUE - FOR CITY COUNCI ACTION June 7, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director, Community Developm Subject: FINAL TRACT MAP 14318 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL ' 19ba Consistent with Council Policy? [A Yes [ ] New Policy or MO Ion Statement of Issue, Recommendation,Analysis, Funding Source, Alt rnative A ti As , STATEMENT OF ISSUE: The final map of Tract No. 14318 (also referred to as Island AB within the Seacliff residential area) , located on the south side of Loma Avenue, approximately 500 feet west of 14th Street, is being submitted to the City Council for approval . RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14318 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. 14318 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14318 conditions of approval as 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. 8689 b. Labor and Material Bond No. 8689 c. Monument Bond No. 8690 d. Gaurantee and Warranty Bond No. 8689-W. 10 Plo 5/85 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a . A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage fo.r .the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. ANALYSIS• SUBDIVIDER: Seacliff Partners 23 Corporate Plaza Suite 250 Newport Beach, CA 92660 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Southside of Loma Avenue, approximately 500 feet west of 14th Street ACREAGE: 2 . 19 Gross AC LOTS: 11 (1 lettered) NO. OF UNITS: 10 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 in conformance 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 6/7/93 -2- (6818d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14318 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 . Tentative Tract Map No. 14318 3 . Subdivision Agreement 4 . Monument Bond 5. Faithful Performance Bond 6 . Labor and Material Bond 7 . Guarantee and Warrantee Bond MTU:MA:WC: lp RCA 6/7/93 -3- (6818d) T M -E-CD" R2 R2 CF -OL)TC YN F_c" A* ? spd IFM pf M -cl CF-E T 10) R2-0 ("I-Co M R1 -0 r 0 M-CD-0 R) R _cD_c R2-0 R2-0 -C11-0 01 0 .0 -CD-0 T 0 0 HO HOE R4 RI RI 17' 69 RI RI R1 RI RI R2�� -CD-0 TOROW0 CF-R R, AIR IRI-0) -CD-0 -01 -01 -0 -0 N C. RI-0 ir J PC "'.0.0 ILL 01 5 A— -0 R2 S(DPI a R Y2 1_K2:1 -no 0 (D111111 I -0 RI-0 GI IC CIA 0 oN I R 1 -0 -0 -0 0 -oil INI 'cl T -0 �j cr a: At- RI RI RI RI R2 -0 Rormsmi A7 a • z RI ;i 14 -1__,f I 41 -0:, -0 0 _R3-0 R3-0 .41 I K _O' R-no WO RI-0 '-' ,...___0 _A�� -f . .. 111. — . Dow S RI-9 1. Ic w U XR .1 R2 4 RI-0 RI C%40.wy.,- Rry 4t, 0 SPECIFIC LAN C4 RZ LOW _(DISRICT ?I- -0Fo R1 -0 y RI RI z R 0 05.EW AVE. 1112-PD-10 e;, CF-E __JO R1 F o !w ' wow w N i.Q, .'FM.100_10 R I Fo___1 1: fil;MV0 NASOIVILLE wE. -. i' `/j� Frs S7 ! IC R2- r*EL' RICT TY10) C F-R RI PL013(cl I( IP112-PD-10 - U R11 M. "F C R 2) F=L I _N RI RI R I L-1i LjLj LiLi"L"i KNOXVILLC • K_ I fr��, ic F1 A. FT 14318 .44",e HUNTINCTON BEACH HUNTINGTON BEACH PLANNING DIVISION i } SNC[I I OF I TENTATIVE MAP TRACT NO. 14318 IN THE CITY Of HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAUPORNIA N r ' Valw•r :; •, ,t� way.•.... '�•w.v ..LEf'.. ,�rlG -A � 4i/� � .l rye e�iiam�n anM�w�.•�•e.,s ' .. •.• _ A�� .r'� \ V�� t� �rCl as YwY.Le_ri. / •'`\� •, /O /J- ���r • �/ �p` / ,r �.Q am s rwwawa sewmwrr�auwr / �' I eunrc mo uwae®mmr • i[ � L4fro�i) __. � ,.tee✓ 'A' STREET �`•� "'�•• �~ rip 'o W °`, r -- qy�u �� a j ,,f1 C__• r �F LOMA 1A1�N.4�Fr Y cTIN 1 ....� •� �:_av� ' i:rroer L.ro�:� nwet Lae« n�alO`�.Yw .m lrlbtr.Orp i A _ "WEN ! TENTATIVE MAP SSOCMTES r _ _ ( TRACT NO. lisle _. -- .ar tir—Cl = �•• PACIFIC COAST HOlaA NUNTINGTON BEACH, CA SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14318 THIS AGREEMENT is entered into this 16th day of J„ne 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. 14318; 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 Sections 66499 and 66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows : 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY' S codes . All of said work shall be done and performed in accordance with plans, - specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit- with the City Treasurer the sum of One Hundred Forty-Nine Thousand Three Hundred Dollars, ($149,300 . 00) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in - satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and .SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or 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. 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 . SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9 . 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 ITV/ • By: UWC-Seacliff, L.P. Mayor a California Limited Partnership its General Partner ATTEST: By: UWC Seacliff Land Corporation a California corporation 41uco its General Partner City Clerk APPROVED AS TO FORM: Stephe Gunther, President 9/1 City Attorneys G1 n Cardoso ce .President 6��-�3 By: Pacific Coast Homes a California Corporation its Gener Partner _ b,. W. Johnson President C. CE, Vice-President AND A P D: INI tIATEID *ANAPPROVED: ty A"&Vi r ��Director of Public Works I