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Final Tract Map No 13714 Being all of TT No 13714 Southwes
• -�enaw- e�. Ida.,►-. Council/Agency Meeting Held: /�5�9� c ram. Deferred/Continued to:- W2, GYApproved ❑ Conditionally Approved ElDenied City ClerkFs Signature G- Council Meeting Date: January 5, 1998 Department ID Number: PW 98-001 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: F3AY SILVER, Acting City Administrator PREPARED BY�LES M. JONES II, Director of Public Works SUBJECT: Approve the Release of Securities within Tract No. 13714 and Accept the Public Improvements - A��► ,���Ce�.ea,L`Pa� L Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen -------ji Statement of Issue: Southwest Diversified/Coscan Partners, the developer of Tract No. 13714 located 660 feet north of Garfield Avenue and 660 feet east of Edwards Street, 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. Accept the improvements constructed and dedicated for public use with Tract No. 13714 and, , 2. Release the Faithful Performance, Labor and Material and Monument Bonds pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 091699-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, Southwest Diversified/Coscan Partners of this action, and the City Treasurer to notify the bonding company, American Home Assurance Company, of this action.1 } Instruct the City Clerk to record the Notice of Acceptance of Public Improvements c3 (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. ;, CITY OF HUNTINGTON BEACH V,IJ 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 COUNCIVREDEVELOPMENT AGENCY APPROVED ITEM DATE: , 19 9 P Cr TO: ,1,, ,, ATTENTION: Name 6 3 0 Y1. ,�, . Q® ,�,, I o 1 DEPARTMENT: Street REGARDING: City,State,Zip T/tati 1371 See Attached Action Agenda Item Date of Approval 1 J 5 19. Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other n/ 0/ Remarks: I��e csL, c?e�,• fg (�s.r ,oX— Q�i� �Q - /LC'�C/.ULIU CC: Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Fol lowu p/agrmtt/transl tr (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) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on December 1, 1997, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 13714. Public improvements constructed consist of paving, curbs, gutters, sidewalks, street lights, storm drain system and appurtenances, water system and appurtenances and sewer system and appurtenances. CITY OF HUNTINGTON BEACH by: City Engineer plj - APPROVEp AS TO FORM City Attorney j.yA 17 29117 RCA ROUTING SHEET INITIATING DEPARTMENT: Department of Public Works SUBJECT: Approve the Release of Securities for Tract No. 13714 and Accept the Public Improvements COUNCIL MEETING DATE: January 5, 1998 RCA ATTACHMENTS STATUS . Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . . ..EXPLANATION FOR MESSING ATTACHMENTS REVIEWED RETURNED: FOR' ED . .. ..... .. ..... .... Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) ........ EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHWEST DIVERSIFIED/COSCAN PARTNERS FOR TRACT NO. 13714 TABLE OF CONTENTS # TITLE PAGE S 1. GENERAL STREET CONSTRUCTION 2 2 . ARTERIAL HIGHWAY IMPROVEMENT 2 3 . GUARANTEE 2 & 3 4 . FAITHFUL PERFORMANCE AND SECURITY 3 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3 & 4 6 . WORKERS' COMPENSATION INSURANCE 4 7 . INSURANCE 4 & 5 8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 5 & 6 ENDORSEMENTS l RAUEST FOR COUNCIL ACTIOV MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: PW 98-001 Analysis: On July 2, 1990, the City Council approved Final Map No. 13714 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, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). 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 Maintenance Bond No. 091699-M as security. Following is a list of project data: Subdivider: Southwest Diversified/Coscan Partners, 19200 Von Karman, Ste. 400, Irvine, Ca. 92715 Engineer: CeTech Engineering, 2360 Plaza Del Amo, Ste. 110, Torrance, Ca. 90501 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Ellis-Goldenwest Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3. Section 15268 (b). Attachment(s): City Clerk's . . - Number No. Description ................................. ............... ...................... ............................ .................... .......................... .................... ........... ............... ............................... ............... . ............. ........ ............ 1 Location Map 2 Maintenance Bond No. 091699-M J 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby 0029116.01 -2- 12/16/97 2:22 PM ATTACHMENT 1 NOT TO SCALE L ELLIS AVE. w z w _ o J O CD m (n 0 of 0 Tr. 13714 w z m� w J 0 Q (n GARFIELD AVE. ATTACHMENT NO. 1 LOCATION MAP �J• i�4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Tr13714 ATTACHMEN T 2 MAINTENANCE BOND BOND NO. 091699—M Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That SOUTH COSCAN PARTNERS, L.P. (formerly known as Southwest Divisfied/Coscan Partners) as Principal, hereinafter called Contractor, and AMERICAN HOME ASSURANCE COMPANY , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, in the penal sum of $ 33,700.00---- , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated May 1, 1990 , entered into a contract with Owner for Huntington Shores, Tract No. 13714 in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of one (1) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 31st day of May 1995 SOUTH COSCAN PARTNERS, L.P. In the presence of: By: Co can Cal, Inc. (SEAL) Principal BY: S P. DOYLE, SR. V.P. Title AMERICAN HOME ASSURANCE COMPANY By-, Theresa Fermanich, Attorney-in-Fact American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 03-B-01070 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —B.A.Poitevin,Katsuko Takata,Theresa Fermanich: of San Francisco,California— its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents �d�''`°• r,. this 23 day of August_ 1993. William D. mith,Pre ent STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 23rd day of August , 1993, before me came ' the above named officer of American Home Assurance Company and National Union Fire Insurance Company of PAULME K. YAWAK" Pittsburgh, Pa., to me personally known to be the individual Notaty Public, stare of Now TOA and officer described herein, and acknowledged that he No. 3Now Y 606 Qualified in Now York County executed the foregoing instrument and affixed the seals otertificate Filed In New York County said corporations thereto by authority of his office. rortrnission EVirw Oaobor 1, 111:2,�/ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18,1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED,that any such Attomey-in-Fad delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fad." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attomey are in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this day day of May 95 19 00/ ` �%r-1:,.� Elizabeth M. Tuck, Secretary "J. ATTACHMENT 3 ' 1 Recording requested by, and when recorded return to: Connie Brockway, City Clerk Recorded in the County of Orange, California Office of the City Clerk Gary L. Granville, Clerk/Recorder CITY OF HUNTINGTON BEACH IIIIIIIIIII I`IIII'IIIIIIIIIIIIIIIII`III111111111111111Jill IIII No Fee P.O. Box 190 -2000 Main Street 19980079240 2:07pm 02/11/98 Huntington Beach, Ca. 92648 005 22035767 22 19 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on December 1, 1997, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 13714. Public improvements constructed consist of paving, curbs, gutters, sidewalks, street lights, storm drain system and appurtenances, water system and appurtenances and sewer system and appurtenances. CITY OF HUNTINGTON BEACH by: City Engineer APPROVE AS TO FORM: City Attorney r� /1-7 29117 � q �f Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH this document is solely for the • official business of the City �� r of Hu:;t1r; ,ron Rea,,h, as contem— BY - ............. plated u�; < rovernraent Code Deputy City Clerk See. 6103 and should be records PFnv�N� s!� 4 free of charge. SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHWEST DIVERSIFIED/COSCAN PARTNERS FOR TRACT NO. 13714 aND THIS AGREEMENT is entered into this +-t day of JwL-y , 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SOUTHWEST DIVERSIFIED/COSCAN 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. 13714; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by §66499 and §66499 . 3 of the California Government Code, and Article 997 of CITY' S ordinance code. -1- i 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) -2- year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of THREE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS, ($337, 000 . 00) as prescribed by HBOC §9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this. condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a ,substitute security at any time. 5 . 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 -3- 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 -4- 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 -5- STATE OF CALIFORNIA I p ;ss. a COUNTY F_ --lay � On _ _ ,b fore me.the undersigned,a Notary Public in and for C 7 sa,,d S e,personally appear d_ � � � l.(�J and a � aT personal y known to me ieg the basis 0 o to be the p rsons who executed the within instrume as _ � - V—L_lX1_President and ���• Secretary, on behalf of_ >Ct�s,�►_L([�II 1 l�,_ CU _ (9 the corporation therein named,and acknowledged to me that said c,'. core.ration executed the within instrument pursuant to its by- 0 E laws ora on of its board of directors,said corporation being a�m'�'(J known to me to be one of the partners o��l� OFFICIAL SEAL E ROSIN COLLIER D �ve tfi d / n_s�c�n our t .rs Notary Public-Califomia N the partnership that executed the within instrument, and ack- " ORANGE COUNTY m nowledged to met such corporation executed the same as co - •• y Comm. such partner and at uch partnership cuted the same. s M Exp.July 19,1991 N 7 r• o WITNES my h e co Signature _ (This area for official notarial seal) �J STATE OF CALIFORNIA p 'ss. COUNTY ^_ C� _ `a (`1J m On—I _ _ bef re me.the undersigned,a Notary Public in and for C ` I ___ said ate.personally p ee�ared�� !►n and personally known t me O F I l J �)to be the ersons who executed the within Instrument as cU co Presi ent a �v Secretary, on behalf of � �.JU c the corporation therein named,and acknowledged to me that said �= orporation executed the within instrument pursuant to its by- m 0 E laws ora resolution of its board of directors,said corporation being a -� f��� OFF{C1AL SEAL o known to me to be r?.e of the partners of ROBIN COLLIER C: Q 1 J UJ l ftd`�J� Notary Publlo—ifomia Mst- ---n ORANGE COUNTY the partnership t t executed the within instrument, and ack- nowledged to e t at such corporation executed the same as 7 such artner nd at such partn cuted the same. MY Ctmt11L 19.fly/ on o WITN SS han i al. r� Signatur (This area for official notarial seal) 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: r SOUTHWEST DIVERSIFIED, INC. CITY OF HUNTINGTON BEACH a California corporation, a municipal corporation » General Partn of the tate of California By:— Dennis S. H iley Mayor Its :—Vice Presi ent iiY.+IK N•,vewwiiL.0 �.._.. r By: RoyvE'. Huglfes Its : Asst . Secretary COSCAN CAL, INC. , a California corporation, General artner By: • Roy . Hughe Its : Vice President .. By. Torrance F. Hutchins Its : Asst . Secretary ATTEST: APPROVED AS TO FORM: City Clerk C'AIYIATED Attorney / W v a REVIEWED AND APPROVED: AND A PROVED: rue-- . ity4AdmiW11s`tr'a-Eor' Director of Public Works 6- 4 CITY OF HUE!!�'INC TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 2, 1990 First American Title Insurance & Trust 114 E. 5th Santa Ana, 92701 Attention: Subdivision Officer RE: Tract Map No. 13714 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 / 41 r\ Dated (Telephone: 714-536-5227) I I NOTICE OF / ;MPLETIONrWITH CONDITIONS Uw TRACTS -f i AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : © S DJ FROM : PUBLIC WORKS DEPARTMENT JJ Bruce Crosby I �L TRACT N0. 1 �7 t�--' DEVELOPER \ o ` CONDITIONS : Da e Deposit of fees for water, sewer, . Q drainage, engineering and inspection Bond for. Improvement . . . . . . . . . . I Signature of Agreement . . . . . . . . . _ Certificate of Insurance . . . . . . . . — f Bond for Monuments . . . . . . . . . . _ Labor & Material Bond . . . . . . . . I Other : i I i i � g 1 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: COMMUNITY DEVELOPMENT r TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER (9358d) REQUES i FOR CITY COUNCIL ACTION �_y' �L Date July 2, 1990 Submitted to: Honorable Mayor and City Council - z a.. Submitted by: Michael T. Uberuaga, City Admini: Prepared by: Michael Adams, Director, Communil Subject: FINAL TRACT MAP 13714, BEING ALL OF TENTATIVE TRACT NO. 13714, AND BONDS AND AGREEMENTS FOR TPArT lIZZI. - A APPROVED BY CITY COUNCIL --� Consistent with Council Policy? Yes New Policy or Exce t'1011 -0r Statement of Issue, Recommendation, Analysis, Funding Source, M tt Alternati:v 7M —n-grAachmen2lTy CLE STATEMENT OF ISSUE: The final map of Tract No. 13714 being all of Tentative Tract No. 13714 , located 660 feet north of Garfield Avenue and 660 feet east of Edwards Street, has been submitted to the City Council for approval . Tentative Tract No. 13714 will expire on April 14 , 1991 . RECOMMENDATION: 1. Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2 . Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 3 . Accept the offer of dedication and improvements subject to completion of requirements shown. 4 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a . A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A certificate of Insurance shall be submitted; C. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. P10 5/85 i ♦ 1 e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map. f . The Park and Recreation fees shall be paid or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider. a . Faithful Performance Bond No. 091699 b. Labor and Material Bond No . 091699 C. Monument Bond No. 091698 d. Park and Recreation Fee Surety Bond No. 091716 ANALYSIS• SUBDIVIDER: Southwest Diversified/Coscan Partners ENGINEER: Cetech Engineering/Thomas Yuge, R.C.E. 29861 LOCATION: 660 feet north of Garfield Avenue and 660 feet east of Edwards Street ACREAGE: 9 . 998 acres LOTS: 30 numbered lots and lettered lots A through J NO. OF UNITS: 30 ZONE: Ellis-Goldenwest Specific Plan GENERAL PLAN: Estate Residential DISCUSSION: The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. RCA - 7/2/90 -2- (6148d) ENVIRONMENTAL STATUS: Tract 13714 is covered by Environmental Impact Report 88-2, which was approved by the Planning Commission and Certified by the City Council in conjunction with the adoption of the Ellis-Goldenwest Specific Plan. FUNDING SOURCE: Not applicable. ATTACHMENTS 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond 6 . Park & Recreation Fee Surety Bond RCA - 7/2/90 -3- (6148d) KICZ tl � - - - --- - CF-R C� C� q RI-CZ s° f (PREZONED) RA-0-CD , q � RI-CD �%ram'^t, °,�. •� -- / (PREZONED) RI ROS-O-CD CF_R D M1= (PREZONED) -CD `---- - - - -� 1 :nnwc N N9•i2.51'W �' 959.60 J F _ n I i - I - N ELLIS GOVENWEST ISPECIFIC PLAN N B9'ai'S1'W ]=6.�• RA-01 OF N �N RA 01 CZ I I W Z / o o 1... �c»509.01'0]'E GARFIELD AVE. _j FT13714 HU"NGTON BEACH HUNTINGTON BEACH PLANNING DIVISION STATE OF CALIFORNIA ) as. COUNTY OF S N F ANCISCO ) ON This 1ST day of MAY in the year 1990 before me KATSUKO TAKATA Notary Public, personally appeared JANICE S. BULLMANN ATTORNEY-IN-FACT FOR AMERICAN HOME ASSURANCE COMPANY , personally known to me "(or proved to me on the basis of satisfactory evidence) to be the person (a) who executed this instrument as o 0 ATTORNEY-IN-FACT on behalf of the corporation herein named and akcnowledged to me that the corporation t" o d � executed it; that he (she) knows the seal of the said corporation; that the seal affixed to the said instrument y �t to is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he (she) signed his (her) name to the said instrument by like order. 0F!,t"SEAL KATSUKO TAKATA Notary Public, residing at FRANCISCO, CA. NOTARY PUBLIC - CALIFORNIA San Francisco County emy Commission Expires June 9, 1991 (Commission expires JUNE 9. 1991 IMPORTANT: Attach certified copy of resolution authorizing execution of this instrument by Corporation. RD1839 12/82 ED Executed in Duplicat d T�100` s yy. MONUMENT BOND Bond 091698 APB ZiJ A iy,r � �N,y ZZ� u� Premium$100.00 , KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST DIVERSIFIED/COSCAN PARTNERS as subdivider of Tract No.- 13714 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 SOUTHWEST DIVERSIFIED/CQSCAN PARTNERSa=- (Subdivider) Anwoo iA180A yy YiNuw as principal, and American Home Assurance Company _ "'►4�R24 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 $ 1,200.00 , in which-sum we are held and firmly bound to the City of Huntington Beach, all in accordance with a-ad subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 1ST day of MAY 19 90 Southwest Diversifie4doscan Partners as Principal Southwest DiM , Inc. , A California Corp. , General Partner By: r enni Bailey,V Vice President 'By: Roy E ughes , Assistant Secretary Y American Home Assurance Company as Surety By. Janice S. Iluilmann, Attorney-in-Fact Coscan Cal , Inc. , A California Corp. , General Partner • Roy E' Flii�;es' �:;�;ce Pd'ent Torrance F. Hutchins, Assistant Secretary STATE OF CALIFORNIA ) s s COUNTY OF ORANGE ) 19 �� before me On � a Notary Public, in and for said County and State, . personally appeared J S • _ 'and known to me to be the (iQ President and the A-5�t, Secretary of the corporation that.executed the within in- strurnent; pursuant to its by-laws or a resolution of its Board of Directors. c OFFICIAL SEAL ROSIN COLLIER Not° ►ice otary ublic MroonM 9*J* My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On M19__C[b�, before me a Notary Public, in and for said County and State, personally- appeared and known to me to be the V President and the ' Secretary of AC06CC-n .the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public _ My Commission expirr..s: Ea ROOK N�t'.'�OLLIEl1Notary Public-OsIItoMde ORANGE COUNTY Ny Comm Ev.July to,toot t American Home Assurance Compan National Union Fire Insurance Comp f Pittsburgh,Pe. POWER OF ATTORNEY Princlpil Bond Office: 70 Pine Street,Now York,N.Y. 10270 No. KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company,a New York corporation,and National Union Fire Insurance Company of Pittsburgh. Pa., a Pennsylvania corporation, does each hereby appoint ---B.A. Poitevin, M. Orsoe, Janice S. Bullmann, Katsuko Takata: of San Francisco, California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents J0as tint, this 4 day of October , 19-U. OA 0 Frederick J. Gurba, Assisia4 Vice President STATE OF NEW YORK l ss. COUNTY OF NEW YORK On this 4 day of October 19 89 before me came the above named officer of American Home )OSEPH 9. t Assurance Company and National Union Fire Insurance Company NOWT Puw;c. $taro so "iov rs of Pittsburgh,Pa., to me personally known to be the individual and Ilo f11•Pd"337l4 officer described herein, and acknowledged that he executed the Qssaf*w M W@jk+aalor ttty foregoing instrument and affixed the seals of said corporations i �r-JUL thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the-Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Maureen P. Tully, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora- tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. !N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of each corporation + ►ss J'`o0nor,o` this 1ST day of MAY 19 90. if fl, }'fin.a�'� ''�,.,�.�• Maureen P.Tully,Secretary 23240 (9/85) r Executed in Duplicat r 130INI) vc 1699 �OP 0losmltorsel 1'REM1.UM $2,359.00 FAITHFUL PERFORMANCE BOND 1 WHEREAS, the City Council of the City of Huntington Beach, State of California, and SOUTHWEST DIVERSIFIED/COSCAN PARTNERS , (hereinafter designated as ''Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated MAY 1 19 90 and identified as project TRACT 13714 is hereby referred to and made a part hereof; and A'THERF-il,9, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Nov, therefore, we the principal and American Home Assurance Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter c allcd "City", in the penal sum of Three hundred thirty-seven thousand & 00/100-- ------------------------ dollars ( $337,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind uurselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. STATE OF CALIFORNIA COUNTY OF S N FRANC.ISCO ) ON This 1ST day of MAY in the year 1990 before me KATSUKO TAKATA Notary Public, personally appeared JANICE S. BULLMANN ATTORNEY—IN—FACT FOR AMERICAN HOME ASSURANCE COMPANY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (a) who executed this instrument as ATTORNEY—IN—FACT on behalf of the corporation herein named and akenowledged to me that the corporation pis e o � executed it; that he (she) knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and H that he (she) signed his (her) name to the said instrument by like order. NNNNEAL KATSUKO TAKATA @MY NOTARY PUBLIC—CALIFORNIA NotaryPublic. residing at SAN FRANCISCO, CA. San Francisco County Ccm nresion Expires June 9, 1991 (Commission expires JUNE 9, 1991 IMPORTANT: Attach certified copy of resolution authorising execution of this instrument by Corporation. BD1839 12/82 ED u e` s , Faithful Performance Bond �• ��' Page_ Z 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 attorne:y'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 c:hangc:, 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, May 1 1990 Southwest Diversified9oscan Partners as Principal Southwest Div r Inc. , A California Corp. , General Partner By Dennis S. ai e Vice President By: -- Roy E!/Hughes:, Assistant Secretary Coscan, Ca�l , Incf i A California Corp. , General Partner By /, Roy .(Hughes , Vi e Pvesi ent BY Torrance F. Hutchins, Assistant Secretary AMERICAN HOME ASSU A CE COMPANY as Surety Janice S. Bullmann, Attorney-in-Fact By BOND NO. 091699 The Premium for this Bond is: $2,359.00 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 - lo before me ( 4 a Notary Public, in.and for said County and Statc, personally appeared and known to me to be the } ILL President and th J .Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. .w OFFICIAL SEAL ROBIN COLLIER _ es NQaarn PdAc-Calltoml° N of a Public ORANGEWUNn Y ..•N My Comm.Exp.July 19.1991 , My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On / 19"I lJ before me a Notary Public, in and for said County and State, personally appeared and D known to me to be f ` ! the V � President and the ��,5ecretary of cpbr� Cq1, I ne . the corporation1'that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. i`3ota Yui�iic My Curnmissiun "„`' OFFICIAL SEAL I / ROBIN COLLIER �_..r Notary Public-Caltiomie �® ORANGE COUNTY ", MY Comm. Exp. July 19. 1991 American Home Assurance Compan National Union Fire Insurance Comp y 7 Pittsburgh, Pa. POWER OF ATTORNEY Princlpsl Bond office: 70 Pine Street,Now York,N.Y. 10270 No. KNOW ALL MEN BY THESE PRESENTS: ti That American Home Assurance Company,a New York corporation,and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---B.A. Poitevin, M. Orsoe, Janice S. Bullmann, Katsuko Takata: of San Francisco, California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents ��►°u'�4^ J'xo"rl�r�++` this 4 day of October 19M. o Frederick J. Gurba, Assisia4 Vice President STATE OF NEW YORK COUNTY OF NEW YORK I ss. On this 4 day of October ty 89 before me came the above named officer of American Home IOSEPH i. Assurance Company and National Union Fire Insurance Company Neary ►ultlis. $rs» d 'Wr of Pittsburgh, Pa., to me personally known to be the individual and 11e6 01-M"5=761 officer described herein, and acknowledged that he executed the qualit"d M WN►chrastir nfy foregoing instrument and affixed the seals of said corporations �p yGy(� thereto by authority of his office. � M 4" 4' CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company,in the transaction of in surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company 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 famimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Maureen P. Tully, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora- tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. !N WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation `perutrrd this 1ST day of MAY . 19-9-p. a O Maureen P.Tully,Secretary 23240(9/65) Executed in Duplic� BOND NUMBER 091699 copy re Premium for this bond is included in the J'Rr-NTtJM Premium for the bond guaranteeing .,t;C�1�� r :,: i�-°'�'e�•� Onarod tbereuedeL 4 LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SOUTHWEST .DIVERSIFIED/COSCAN PARTNERS (hereinafter designated- as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated MAY 1 19 90 and identified as project TRACT 13714 is hereby referred to and made a part hereof; and MEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subcontractors, laborers, niaterialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid One hundred sixty-eight thousand, Code of Civil Proceedure in the sun of five hundred & !00/100---------- dollars ( $168,500.00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees , including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and a71 rr.rsnns, companie.> and corporations entitled to file claims under Title 1S (commencing with Section 3082) of Part 4 of Division 3 of Labor and Material Od 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 May 1 1990 Southwest Diversified/Coscan Partners , . as Principal Southwest Diversified, Inc. , A California Corporation General WParte By: ennis aM I y, Vice President By: Roy E.GHughes,GKssistant Secretary AMERICAN HOME ASSURANCE COMPANY , as Surety By anice S. Bullmann, Attorney-in-Fact By: Coscan Cal , Inc. A California Corporation General Partner By: . '� - Roy //E./,Hughes, L,iIce President By: Torrance F. Hutchins, Assistant Secretary STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On 19q , before me ' a Notary Public, in and for said County and State, pe pally appeared S and E I ` r known to me to be the V ('�, President and thQ �^ 5ot,,t_-1-h.�.u-P�Ot�r✓2I5i"�� , �nC 91�TL- Secretary of the corporation Athat ex- ecuted the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. I OFFICIAL SEAL .E ROBIN COLLIER Notary Publlc-Callfomla Otary Z1C f ORANGE COUNTY MY Comm.Exp.July 19, 1991 My Commission expires: n� / STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On .19�, before me , a Notary Public, in and for said County and State, personally appeared E - 4U5hL)0-- and known to me to be the President and the Ane5L Ga can l , I ne . Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board f Directos. ota Public OFFICIAL SEAL My Commission expires: ROBIN COLLIER I Notary Public-California l� ORANGE COUNTY � o 91 ....... My Comm.Exp.July 19. 19 5{ECUTED IN DUPLICATE ,��u.�� C/,O� �y BOND NO. 091716 Deputy City Atto PREMIUM $ 503.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Southwest Diversified/Coscan Partners as Principal , and American Home Assurance Company a corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business, in the State of California, as surety are held and firmly bond to THE CITY OF HUNTINGTON BEACH, in the sum of Seventy-one thousand eight hundred forty-one and 18/100--, lawful money of the United States of America, to be paid to the said CITY OF HUNTINGTON BEACH for which payment, well and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that; WHEREAS the Principal is the "sub-divider" of Tract 13714 as such term is used in the Huntington Beach ordinance Code, Article 996-•B, and Principal is required by said Article 996-B to pay a fee of --- $71,841. 18-- in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 13714 and Principal has requested deferral of the time to pay in lieu fees until the insurance for a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; NOW, THEREFORE, if Principal shall pay the Park and Recreation fees exacted by the -City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said tract or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be excused and shall be deemed null and void; otherwise the obligation will remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed and attested by its duly authorized Attorney in Fact at San Francisco, California, .this 14 th day of May 1990 , Americ' Home r a Company Southwest Diversified/coscan Partners As Prince pal By: .GL z Southwest Diversified, Inc. , A anice S. Bullmann California Cox� eneral Partner Attorney-in-Fact By. Dennis a. Fla l y, Vice President r By: Roy E Hugh s, Assistant Secretary Coscan Cal , Inc. , A California Corp. General Partner By: _ -7L� . 1 Roy E. ughes % Vice President By: • Torrance F. Hutchins, Asst: Secretary STATE OF CALIFORNIA ) as. COUNTY OF S N FRANCISCO ) ON This 14 th day of May in the year 1990 before me KATSUKO TAKATA Notary Public, personally appeared _ JANICE S. BULLMANN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (a) who executed this instrument as o 0 ATTORNEY -IN-FACT on behalf of the corporation herein named and akcnowledged to me that the corporation p executed it; that he (she) knows the seal of the said corporation; that the seal affixed to the said instrument �H �C to is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and z H that he (she) signed his (her) name to the said instrument by like order. ---------- OR: SEAL KATSUKO TAKATA tea►' NOTARY PUBLIC— CALIFORNIA Notary Public, residing at SAN FRANCISCO, CA. San Francisco County My Commission Expires June 9, 1991 (Commission expires JUNE 9, 1991 IMPORTANT: Attach certified copy of resolution authorising execution of this instrument by Corporation. 3D1839 12/82 ED �-i7•.!?JB"d VimdGT,,,;.,�,„vt�_ .��s'I � c.�os<�l' �M1`d i1 .•,,.rn eoo,,oItd,o. /0 Paw S•r.:a•. �.��.� Y,.:� . N.y '.0;'/Q � Tint?meric;:n Hume Ast:ui inrc :ortt;oov, a Now Yo6.. coi;m,-atiun, and Notiunai On ton Fire Insurance Company o¢PiUtburyh, Pa., r Pcennsylvelnij cut porvion. does it,.r!h hff,,l,y DLit 3i:it _ -Bi A. 1'oitLVi.rr, M, 0rsov .LAn1.r:c: :i. !lv -,r,i tin, Katitu.zu Aat:;.: of San FrancIficu, C,�1 i 4 c?t•,t iu�-- iN tripe and ldvaful Aauv,v ls) :n Fiat, tvifh fol! J!.'titorlty !o :rnuze on its Wholf bonds, und4rtakings, ruccu3niuncos and other rcritr6ur of ind�mn,ty and vvritinur,ob:cgatory in thL !Wftrf) citcsrc o?, iy,rjed in the caurse of it,,;business,and to bind the resptactive company thereby. !N, wrrmEss C^JHEHEOF, American Noivl_ Assuc�:ncr VOIT:p,nV onc9 Union Firc Insurcrlac+ Coi-npar,V of P imsbutph, tin. have czch execaatrti t,^Ies:e pr(,- txntc 4Ptig,. _.dAV of t412pi(_ '7 A Gut:ba, A:isis a, -VZce President yJ S ATE(lt W- V YOR'K on tJiis.. i:�f:+ro r�io rt ?o ihJ assae nG7,aY, aP4i�;cr o7 'biro„e r. He *u f �U�b� �f A=c rvm.a Comp.;)nV and Nctioitol Un,on f'iro inouroato Ct=;9Cqv V:Z; .V- J a. Dc D d --•30 •� of P:4tc2+.urih,dt?., to rr,o 6=o:aArtoiiy Gnoyron to Ire 4hu individual crtd C".:� &•C" qWC''3 i?fti 0, d �viQ. G he:v,n, Lma xknoo,Ace—,4 ihae 4c ancrufrd 510 ferczgoi.:g :n�iruts::dti n�,e, urhxral Ala �ci3 of cctd aorzo?ne:cren ��Cv� � � �' Gnorvtn 6sy au�*?ar,ty ut h!n nPr,r�. `+-`�' E,.cerp tC of Resolutions adopted by the Rua:da of Uirovors of Amoricsm Hoino Assuronx Company c,,od National Union Fire ,nsur,,nca Cnrnpony of FimburV,l, Pd on iZSay !G, 9976: "I-,ESOL VEL), shot Oho ch')I :nna of tho laa i a- rho Prmid.]rt, o� ,nv VtCO Pr031(N10t c,a, and Horobv to, cutahuriao.: tc oppoint Attorncve-in-Fact to rcpicc�om ;x,d ixt fw JnN on "toll of tho Compcny to cxocoPo bond3, undortatirnp, ic.:a;ri,annms cnrw othor cowrccts of ind-r.,rdlty and tar,toiW nbliestery in tho nr,turo the ca+.and to ottoch thoicto ti o Sorperow r~ol a". ii10 CA3n'ip:)ny,In Tho Dranonit107,of its alrgty bugin=; 'RESO!VFU. ft,i itto cit!Ajw7m and utioni-nione of .uch off coru and tho::xl of th;,Cc,n%jny riuv IL a4firtod to,,ny wch Powor of Atiornoy or to c-nv cc vf-,!,iw r^iat,ng zhorota :.v ir--invi,, nI anv such Pow ;? of Aimrnejv or rort,tievto 33oannL wich foca.ro,lo si",, zUturct of fix,imilo r3,a:l bz' v,:hd and bmcftndj upon: zho r,:xnipuiiv whon -a, hgcd witil rccgzc,;t to anv bend.vndc?wtclrtp w othoi c(ritrcrt at ;rtdSGnntty a. ruliiiing obhn:wrjr .1 t'.o nalwc 'TIFSULV':r. that )ny rush AttarneV in-F=T cIul.vor:ntl o cxrotarIJ corvficat,on that the foregoing rocolutiono atill bo in affect mov insert in such c+artdf,tat,or thn G;,tu,horoof.coid date ic+W rroi lator ikon the dot--,of cL;,,un,v thormf by;udi Atzarnc-,t-in rfxt" I, fvi;;jracd:P. full,•, Socrotary of American Home Assuraiiee WFnpany a;id of National Union Fire Insurance Company of Piasbufgh. Fed din hereby cort,fy tildi ih; tor"cling oxcerpts of Rwsoiutions zdoptcd by thee Bmt ds of Difectors of those:corpora- tiors, and the Pawwa,r= of Attrxn- iswed nurvant tP►2rct�, are truo anti co.rvtct, and that both the Resolr:tinns and the Powers of Attomit y are in full t tree and r.tfeict ti"i MY i NESS IN IFI. F:0F. I have hereuntu tni troy hand and affixed 6v fausimile >Nal of each corporation this 14thoay of _May — --- 19 90 l/ kl wraen P TullV.Seervmry 73 240 19JII5) 14' . American Home Assurance Compa� National Union Fire Insurance Company of Pittsburgh,Pe. POWER OF ATTORNEY PrinclOol Bond Office: 70 Pln•Street,New York,N.Y. 10270 No. KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation,and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint --B.A. Poitevin, M. Orsoe, Janice S. Bullmann, Katsuko Takata: of San Francisco, California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents + .ass ` J+`oarlRri�►� this_4 day of October 19M. 114ep { o I "i,, Frederick J. Gurba, Assis a Vice President STATE OF NEW YORK COUNTY OF NEW YORK On this 4 day of October 19 89 before me came the above named officer of American Home )OSEPfI8 Assurance Company and National Union Fire Insurance Company Hoary ►uw;s. Srere r "1e* o"s of Pittsburgh, Pa., to me personally known to be the individual and Me. Ot•HOs6321fi/ officer described herein, and acknowledged that he executed the Qualihad in Wovk+"W r*v foregoing instrument and affixed the seals of said corporations � r thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the.Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact.•' I, Maureen P. Tully, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora- tions, and the Powers qftAttorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full fGrce and eff3ct. !N WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation + ►lsRr�_ _ J'`ewflRir this 1ST day of MAY 1990 . � o +no.0rk� �>Asect Maureen P.Tully,Secretary 23240(9/85) STATE OF CALIFORNIA COUNTY OF S N FRA_NCISCO ) / ON This 1ST day of MAY in the year 1990 before me KATSUKO TAKATA , Notary Public, personally appeared JANICE S. BULLMANN ATTORNEY—IN—FACT FOR AMERICAN HOME ASSURANCE COMPANY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (a) who executed this instrument as ATTORNEY—IN—FACT on behalf of the corporation herein named and akcnowledged to me that the corporation o executed it; that he (she) knows the seal of the said corporation; that the seal affixed to the said instrument 119 such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and z a H that he (she) signed his (her) name to the said instrument by like order. OFFICIALS! L KATSUKO TAKATA Notary Public, residing at SAN FRANCISCO, CA. •"�' NOTARY PUBLIC —CALIFORNIA San Francisco County s MY Commission Expires June 9, 1991 (Commission expires JUNE 9, 1991 rIPORTANT: Attach certified copy of resolution authorizing execution of this instrument by Corporation. ' BDIS39 12/82 ED e ,n Lr '•� ,r U J. f v Ry-�2.'l--sSaW: 'Ftr�...g�,4 '_TEE ' _._ _ �- _J. ___ •.ice- - - ......_.lea 'i..� -.'i w '.+: % - W '�"ys•,f•g g r t .�":e. -:.I r- y^;y-�+E•.L`v7 4':?�',.�a.4'^_1""i:S=?� -.c:'i�r s.]r.eti:? - • r',-,'try;= 'e'er.xi`:�w. '3 a •�irS.�u^ s1_t;_ ,�fl- -' , � � i �'�4"� 'y a�a•�o--**r'r-.��°�� ISSUE DATE(MM/DD/YY) ; ��'�'!���. CE ITIFIC-A_TE ,OF�INSURAIVCE ,a n r�F � t. - c--,•Z tr.,i'{•sfr .t+tt.�,.„�r.� - .f�'.#.S. �3,+vf-rt5r�rc.<=.Yt.�..-si.«._.._._t•-tee$. -a..a.,. ix-z.,_.a.-v'• .>a::X :iL rti..,,.`.: f.Fx :t+ -s? : ..,.uauEw ata^.'3r- ' -"�-• .._____.-2/21,_90 .. ;;'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Alexander & Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 3550 Wilshire Boulevard EXTEND OR ALTER:THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California _- 90010 COMPANIES AFFORDING COVERAGE TWX 910-321-2907 ALEXLSA LSA - (213)-385-5211 COMPANY A Home Indemnity Insurance Company LETTER CODE SUB-CODE ------- - --------- -- --.._-._ �.... - '--- ---- - - --'----- - ..__.-..- - -- -'----- ----...-_. ----- COM A P N Y B INSURED °i ,F _ (; . I- LETTER Southwest Diversified' i COMPANY LETTER C Coscan Partners Et Al. - - - 19200 Von Karman;Suite ��4Q0 LCOMPAN ETTER Y D Irvine California 9 27 5 1 _ - SA •_ COMPANY, •.i�(..LETTER.;E tt�t 'r COVEFiAGESt it "• L... t .ut? "y,�`°c..r_•'t 7(y,:.'n-'"L"' 1 c. �L`.- -Y'!i% [.w ,.•�G :r d^' s- a ar{`' tom''_.�i:7i•' rs-.:am.Wii&' .�-.+;t>i;'.i�cr.�7 ..�� � ^Y�:......�c,u,.�.:tr__.a"'•..t1.a.�..F, 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 PERTAINJHE-.INSURANCE'AFF,ORDED 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. .. ...,. : :_I L .:.✓-'.i CO�— -✓POLICY EFFECTIVE+POLICY EXPIRATION' LTR: TYPE OF INSURANCE': 1 .li, .O j;POLICY�NUMBER DATE(MM /YY) I DATE(MM /YY) ALL LIMITS IN THOUSANDS I GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY - - -' "' "� - P ODUCTS-COMP/OPS AGGREGATE+. $ ( r CLAIMS'MADE J OCCUR I PER &ADVERTISING INJURY $ _ _ _ OWNER'S&CONTRACTOR'S PROT: f'.: - ; I i EACH OCCURRENCE ; $ FIRE'DAMAGE(Any one tire) ---- -$ - -. i MEDICAL EXPENSE(Any one person)! $ I AUTOMOBILE LIABILITY COMBINED SINGLEr. ANY AUTO ! LIMIT I ALL OWNED,AUTOS BODILY r-- s._ ._ 'INJURYs '% SCHEDULED AUTOS 1 (Per person) ! fj j I HIRED AUTOS-_ _ ,.. _ _ - _... _..__`•BODILY - I- - r •-c,c. - 1-+t i �% NI 1 ,-.t f - - f .j t- INJURYo-it,.! $ - I 1 NON-OWNED AUTOS (Per accident), __ f F , i_' GARAGE LIABILITY [ £ASS.� l PROS PERTYh-- `E- rt r- $ {ytDAMAGE EXCESS LIABILITY -,. EACH �AGGREGATE� . : :` w `X OCCURRENCE I I OTHER THAN UMBRELLA FORM _..._�..._.-. .._ . .i-._.•"..,,,_._,- . .-� -- - --i - -___._ _— ------- ::_- STA UTORY I WO RKER'S COMPENSATION -•� ! }---- -- A WCL'22�1817' - 09-01-89,' :--- 09-01-90+•;$.) 1 000 (EACH ACCIDENT) ' AND , .. - _ I :,_ �(.. ---- —`--- - h (DISEASE-POLICY LIMIT)` I � EMPLOYERS'LIABILITY 7; ' `=- 1 '_• I--$- _T _�_--.._._.,..._.............__.__._ L 1,000, (DISEASE-EACH EMPLOYEE 1 - OTHER + 4 q I 2 1 �;pP�1k 1 / o DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES(RESTRICTIONSISPECIAL ITEMS i„ RE: HUNTINGTON SHORES - END OF QUARTER HORSE DRIVE, HUNTINGTON BEACH, CALIFORNIA. ERT1FiCAT x � ,� + r - at �aj6'AKNffdtf_ tts xa Y`I3�..,s<r�.F^:S`:rD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE HUNTINGTON BEACH CIT,YHALL TION _DATE THEREOF, THE .ISSUING COMPANY �(p(�(9XRW9JRxR2000 MAIN STREET .- }; I l� � '< : 3Q'DAYS WRITTEN=NOTHE CERTIFICATE HOLDER NAMED TO 7HE HUNTINGT.ON.BEACH CA: `92640 t�c�s�c�cnl5acdaoaa�trc r+ _ t i E.i - AUTOO ED REP ACDRDe25=s7/3%881 ? •� C 00 - 39 d -1d101 *W • k MRY 07 '90 15:50 REED IW� P. REED STENHOUSE NO. 006-90 A Maier of the Al exuWar A Alexander Group Reed Stanhause Tower. 20 bay Street MEMORANDUM OF INSURANCE Toronto, Ontario Canada M53 2N9 416 863-SSW Telex 062 19671 To: City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: Huntington Shores IHSURMa AS DMIRM HERFIM US NFFM Warn nm RFHALF OF THE IMSiMED NAHW HEREIN UNDER THE FOI.LAMfiING POLICY(IES); AND MORE FULLY DESCRIBED IH SAID POLICY(IES) AKD ANY QRKWSEMTS ATTACHED THERETO. INSURED: SOUTHWEST DIVERSIFIED INC. Swag VO COSCAH DWELOPMENT CORPORATIOu SUITE 2200, P.O. BOX 428 2 FIRST CANADIAN PLACE 11JaRM11J, 1 11AIM1 Mil 1KI F4001iN10. 1.J 1 L IU-L UNIX W LIIlBILITV lx�l►p,•�t,eu,;.� 8907693 MAY 1190 To N&Y i191 SZ*oW.000� JNCJ6LVt. Geaoral Bodily Injury wW Li abi 1 i ty Property PM90 Zurich Insurance $ 000&000. AGiGREGAT'E. ucts any and Complo edwith respecttOpe Lions Additional Insured: Only with respect to do above aad arising out of the Named Insureds operations are the following Rases added to the policy as Additional Insureds. The policy limits are not increased by the addItion of such Additional Insureds beyaAd those statad in the Nmrandum. City of Huntington such Additional Coveraff4: r Thirty o3theDeert ria�ta written cancellation notice will be givenTHIS REMORANiXM COKSTIT11TES A STATOOT OF THE FACTS AS OF THE DATE OF ISMAKE AMD ARE SO REPRESMED ONLY TO THE ADDRESSEE. OTHER PERSMS RELYING ON THIS NEWL IIDUM DO SO AT THEIR Ohl RISK. REED STENHOUSE LIMITED Date: Nay_7, 199D od&.e c, P 7210r MAY 7 '90 12:53 .. �-_�:: - �... PRGE: 002 200 ' 3JHd - S 3139N6 SO1/'83QNdX 31U W06J 66 c b I 06 , L Aldw