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HomeMy WebLinkAboutFinal Tract Map 14042 Pacific Coast Homes/Seacliff Partners k ' Recording requested by, and when recorded return to: IRecoraea in the county of orange, cai ifornia L. Granville, clerk/Recorder Connie Brockway, City Clerk Gary No Fee Office of the City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �mi15igB CITY OF HUNTINGTON BEACH 19960698284 0410 P.O. Box 190- 2000 Main Street g04512601681 00 `1 260600 0.00 0.00 0.00 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 February 6, 1995,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. 14042. or Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of c ,ar?pe. Tax-Exempt-GovernmentAgency CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH CY nnie Brockway,city clerk r B • by: City Engineer eputy City Clerk AVE:, APPROVED AS TO FORM: City Attorney �//N 31881 ('C. 4/0 ITY, OF HUNTINGTON BEAC01 MEETING DATE: November 17, 1997-- DEPARTMENT ID NUMBER: PW 97-093 Council/Agency Meeting Held: lr� -711q-I Deferred/Continued to: "pproved ❑ Conditionally Approved ❑ Denied ,O� City lerk's Signature -D Council Meeting Date: November 17, 1997 Department ID Number: PW 97-093 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Of SUBMITTED BY: RAY SILVER, Acting City AdministratorX00 PREPARED BY:rLES M. JONES II, Director of Public Works SUBJECT: APPROVE RELEASE OF THE GUARANTEE & WARRANTY BOND FOR TRACT NO 14042 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s Statement of Issue: One year has elapsed since the acceptance of improvements for Tract No. 14042 located on the south side of Evening Hill Dr., west of Goldenwest St. The Subdivider, Pacific Coast Homes, has requested release of the Guarantee and Warranty Bond; the security furnished for guarantee and warranty of improvements. Funding Source: Not applicable. Recommended Action: Motion to (1) release Guarantee and Warranty Bond No. 8581- M; the security furnished for guarantee and warranty of improvements; And, (2) Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Co., of this action. Alternative Action(s): Deny the recommended action. Analysis: The City Council, on February 6, 1995, accepted the improvements constructed and dedicated for public use within Tract No. 14042 and accepted Guarantee and Warranty Bond No. 8581-M; the security furnished for guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. 0028576.01 -2- In 10/30/97 4:45 PM #QUEST FOR COUNCIL ACTINA MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: PW 97-093 Public improvements constructed consist of paving, curb and gutter, sidewalk, driveway, sewer and water lines. The required time period has elapsed, and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. Following is a list of project data: Subdivider: Pacific Coast Homes, 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 Evening Hill Dr., west of Goldenwest St.. Lots: 9 Acreage: 2.473 Zone: R1 Environmental Status: This recommended action to release the security is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Ma RCA Author: Bruce Crosby 0028576.01 -3- 10/30/97 4:45 PM ATTACHMENT 1 A � NOT TO SCALE CLAY J a YORKTGWN TR. 14042 z H.B. HIGH a SCHOOL O O F 0 UH 4zl-ef f O ya ATTACHMENT NO. 1 TR . 14042' LOCATION MAP I * JJ u CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\erosby\1r_14042.dwg CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: TO: �/ /G/ (' ('f>rgcST Awe'5 ATTENTION: Name / A# &i AYCL4'zQ�,,4 Z �JJ`?J DEPARTMENT: REGARDING: '7Z�ee-,, city,staid,zip See Attached Action Agenda Item �- " Date of Approval // / 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page t/ Agreement Bonds Insurance RCA Deed Other Remarks: Name Department RCA / Agreement Insurance Other De artment RCA Agreement Insurance Other/ No De vlment RCA Agreement Insurance Other ZA/ Risk Management Department Insurance Copy G:Followup/agtmts/transltr (Telephone:714-536-5227) STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, February 6, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig 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. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Sullivan, Leipzig, Dettlogg, Green, Garofalo, Harman ABSENT: Bauer CONSENT CALENDAR--(ITEM APPROVED) On motion by Green, second Garofalo, the following item was approved as recommended, by the following roll call vote: NOTICE OF COMPLETION -TRACT NO. 14042 -APPROVED - PACIFIC COAST HOMES. - S/EVENING HILL DRIVE W/GOLDENWEST STREET-.Accepted the improvements constructed and dedicated for public use with Tract No. 14042; released Faithful Performance Bond No. 8581, Labor and Material Bond No. 8581 and Monument Bond No. 8582; accepted Guarantee and Warranty Bond No. 8581-M; instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and instructed the City Treasurer to notify the bonding company of this action. Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California J, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 5, 1998 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, California 92702 Enclosed please find the Acceptance of Public Improvements for Tract No. 14042 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please return a conformed copy of the Acceptance of Public Improvements when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures: Acceptance of Public Improvements for Tract No. 14042 CB:cc (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 February 6, 1995, 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. 14042. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances. This document is solely for the official business of the City of Huntington Beach. as contem- plated under Government Code Sec. 6103 and should be recorded free e` .q Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH Cy nnie Brockway,City Clerk B ' by: City Engineer eputy City Clerk /�f�G APPROVED AS TO FORM: b ,S�9Y �31881 City Attorney ` �/� STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, February 6, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig 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. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Sullivan, Leipzig, Dettlogg, Green, Garofalo, Harman ABSENT: Bauer CONSENT CALENDAR --(ITEM APPROVED) On motion by Green, second Garofalo, the following item was approved as recommended, by the following roll call vote: NOTICE OF COMPLETION - TRACT NO. 14042 -APPROVED - PACIFIC COAST HOMES. - S/EVENING HILL DRIVE W/GOLDENWEST STREET-.Accepted the improvements constructed and dedicated for public use with Tract No. 14042; released Faithful Performance Bond No. 8581, Labor and Material Bond No. 8581 and Monument Bond No. 8582; accepted Guarantee and Warranty Bond No. 8581-M; instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and instructed the City Treasurer to notify the bonding company of this action. Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Page 2 - Statement of Action ATTEST: /s/Connie Brockway /s/Victor Leipzig 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 6th day of February, 1995. Witness my hand and seal of the said City of Huntington Beach this the 16th day of February, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy City Clerk Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator JJ Prepared by: Les M. Jones ll, Director of Public Works-'Z- �4r�"`` OVED ,dot^ BY CITY COUNCIL Subject: NOTICE OF COMPLETION; TRACT NO. 14042� 19.E a� Cr Ct.ot Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: X71-� STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14042 and is requesting a release pursuant to the provisions of the Subdivision Map Act. RECOMMENDED COUNCIL ACTION: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14042 And, ; 2. Release Faithful Performance Bond No. 8581, Labor and Material Bond No. 8581 and Monument Bond No. 8582; And, 3. Accept Guarantee and Warranty Bond No. 8581-M; And, 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. ANALYSIS: The City Council, on December 7, 1992, approved Final.Map No. 14042, and accepted a bond 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 bonds pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, fire hydrants, sewer, water and storm drain lines with appurtenances within Sicily Cir., a 300 foot long public street. Additional improvements, within Evening Hill Dr., the perimeter street adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and driveways. r� f Request for City Council Action Tract No. 14042 February 6, 1995 Page 2 The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 8581-M as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 2124 Main St., Ste. 200, Huntington Beach, Ca. 92648 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 Evening Hill Dr., west of Goldenwest St. Lots: 9 Acreage: 2.46 Zone: R1 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). FUNDING SOURCE: Not applicable ALTERNATIVE ACTIONS: Deny the recommended action ATTACHMENTS: (1) Location Map (2) Guarantee and Warranty Bond No. 8581-M MTU/RS/LMJ/BPC:bpc V NOT TO SCALE CLAY J a YORKTOWN z H.B. HIGH Q SCHOOL O O Z 0 � G � a s ATTACHMENT NO. 1 TR . 14042 LOCATION MAP J• �It4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr_14042.dwg (8) 11/17/97 - Councii7Kgency Agenda - Page 8 E-6. (City Council) Consent For Pending Sale By PLC Land Company Of Property Approximately 6 Acres At Main Street& Promenade Parkway -Known As Beach Terraces To The Promenade At Seagate, L.L.C. -Assessor's Parcel Nos. 159-311-23, 153-471-01-05 In The Holly Seacliff Development Agreement Area (600.10) - 1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC Land Company for the City Council to provide consent for the pending sale of the property known as Beach Terraces to The Promenade at Seagate, LLC; and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, The Promenade at Seagate, L.L.C. and PLC. Submitted by the Community Development Director [Approved-- 7-0] E-7. (City Council)Approve Professional Services Contract Between The City Of Huntington Beach And General Learning Climates, Inc. -To Create The Huntington Beach Collaborative -For Networking Of Resources And Services To Organize The Community -Community Development Block Grant(CDBG) Funds&Waiver Of Professional Liability Insurance - (600.10) 1. Approve the Professional Services Contract between the City of Huntington Beach and General Learning Climates, Inc. to Formulate a Collaborative a community outreach effort to create a networking of resources and services to organize the community in the amount of $30,000, including the provision to increase the contract by $10,000 given City Administrator's approval; and 2. Waive the professional liability insurance requirements as recommended by the Settlement Committee. Submitted by the Economic Development Director [Approved-- 7-O] E-8. (City Council)Approval Of Appointment Of Community Services Commissioner-To Represent Coastline Community College District-Albert Gasparian - (110.20) Approve the recommendation of City Council liaisons Dave Garofalo and Dave Sullivan for the appointment of Albert Gasparian to serve as the Coastline Community College District representative on the Community Services Commission as requested by Dr. Kenneth D. Yglesias, President of Goldenwest College. Submitted by the Community Services Director [Approved-- 7-0] E-9. (City Council)Approval Of Appointments To The Allied Arts Board -Patricia Graff-Falzon - Milly Block-Catherine Stip- (110.20) Approve the appointments of Patricia Graff-Falzon, Molly Block and Catherine Stip to the Allied Arts Board with terms to expire on June 30, 2001. Submitted by the Community Services Director [Approved-- 7-01 E-10. (City Council)Approve The Release Of The Guarantee &Warranty Bond For Tract No. 14042 - Pacific Coast Homes -s/o Evening Hill Drive -w/o Goldenwest Street (426.60) - 1. Release Guarantee and Warranty Bond No. 8581-M; (Pacific States Casualty Company)the security furnished for guarantee and warranty of improvements; and 2. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company. of this action. Submitted by the Public Works Director [Approved-- 7-0] (8) Page 2 - Statement of Action ATTEST: /s/Connie Brockway /s/Victor Leipzig 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 6th day of February, 1995. Witness my hand and seal of the said City of Huntington Beach this the 16th day of February, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy City Clerk I Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator I- Prepared by: Les M. Jones II, Director of Public Work'-- 4 ®,vU.D BY CITY COUNCIL Subject: NOTICE OF COMPLETION; TRACT NO. 14042 A 19L cr LM Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14042 and is requesting a release pursuant to the provisions of the Subdivision Map Act. RECOMMENDED COUNCIL ACTION: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14042 And, ; 2. Release Faithful Performance Bond No. 8581, Labor and Material Bond No. 8581 and Monument Bond No. 8582; And, 3. Accept Guarantee and Warranty Bond No. 8581-M; And, 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. ANALYSIS: The City Council, on December 7, 1992, approved Final Map No. 14042, and accepted a bond 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 bonds pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, fire hydrants, sewer, water and storm drain lines with appurtenances within Sicily Cir., a 300 foot long public street. Additional improvements, within Evening Hill Dr., the perimeter street adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and driveways. . ` Request for City Council Action 0 • Tract No. 14042 February 6, 1995 Page 2 The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and -warranty of the improvements be posted upon acceptance of.the public improvements. The developer has provided Guarantee and Warranty Bond No. 8581-M as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 2124 Main St., Ste. 200, Huntington Beach, Ca. 92648 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 Evening Hill Dr., west of Goldenwest St. Lots: 9 Acreage: 2.46 Zone: R1 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). FUNDING SOURCE: Not applicable ALTERNATIVE ACTIONS: Deny the recommended action ATTACHMENTS: (1) Location Map (2) Guarantee and Warranty Bond No. 8581-M MTU/RS/LMJ/BPC:bpc A IN] NOT TO SCALE CLAY J a L-� U YORKTOWN z H.B. HIGH Q SCHOOL :E 0 Oi Fz 0 Ci a � a S ATTACHMENT NO. 1 TR . 14042 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr-14042.dwg • Bond Number . 8581-M Premium TncTu e Power Number 74588 GUARANTEE AND WARRANTY BOND WHEREAS, Seacliff Partners, A California General Partnership r as a Principal, and Pacific States Casualty Company a corporation organized under the laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of Thirteen Thousand Seven Hundred Sixty and N0/100---------($13;760.00)Dollars , 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, executors, administrators, successors and assigns jointly and severally, I WHEREAS, the said Principal entered into a contract with said Obligee, dated for work described l V� as follows: Tract No. 14042 - Well Island "D'.' WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all.defects in workmanship and materials during said �. one year period. WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain- by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. SIGNED this 30th day of September 19 92 Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. APPROVED AS TO FORka Seacliff Partners, A California General GAIL HUTTON Partnership PRINCIPAL CIT RNEY 'By: UWC-Seacliff Limited Gartner Its General Partner Deputy CS ty Attorney By By• Land Corporation ' � bENI'A'ITVE Stephen Gunther, President Pacific States Casualty Company S Y B , Authorized Re sentative William C. Slater, J ., Attorney-in-Fact I REQUEST FOR CITY COUNCIL ACT N ' Decem er 7, 1992 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratordlA) Prepared by: Michael Adams, Director, Community Developm, Subject: FINAL TRACT MAP 14042 WITH BONDS AND AGRR APPROVED BY CITY COUNCIL 192X Consistent with Council Policy? [ ]► Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A STATEMENT OF ISSUE: The final map of Tract No. 14042 (also referred to as Island B within the Seacliff residential area) , located on the south side of Evening Hill Drive, approximately 800 feet west of Surfdale Drive, is being submitted to the City Council for approval . RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14042 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. 14042 is in substantial compliance with the tentative map previously approved by the Planning Commission. Requirements : 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2 . The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 8581 b. Labor and Material Bond No. 8581 c. Monument Bond No. 8582 ..� 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; � PIO 5/85 1 b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public. Works prior to recordation of the final map. e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the Final Map. ANALYSIS: SUBDIVIDER: Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 ENGINEER_ : Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Southside of Evening Hill Drive, approximately 800 feet west of Surfdale Drive ACREAGE: 2 .46 AC LOTS: 9 NO. OF UNITS: 8 (north greenbelt) ZONE: R1-01 GENERAL PLAN: Low Density Residential DISCUSSION: The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. The subdivider has satisfied the Park and Recreation requirement with the dedication of two (2) , . 55 acre parcels as required mitigation for Negative Declaration No. 90-28 . The subdivider is responsible for improvement of both greenbelts prior to issuance of any building permit. RCA 12/7/92 -2- (5097d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14042 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On May 6, 1991, the Planning Commission approved Negative Declaration No. 90-28 for the project itself. FUNDING SOURCE• Not applicable. ATTACHMENTS• 1 . Area map 2. Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MTU:MA:WC: lp RCA 12/7/92 -3- (5097d) �.L AVENUE GARFIEID 2-19-76 PP9o79-520,N I-L- _ --------- •�,:_mac-- I,L- CC-CZ � R4-0-CZ _ M2-0-C7. ^.."�x_nirza'nrc Cl-0 $RA-0 I-CD �g~ - Wppti ROS .. fRZOI��''• ,�- .sorts 'r, .•.,P'`et e Teo R4-0,. .-. — il' A o RI ROS-0 RI + ^-�< Ns R4-01 8 RI RI d 'q "-x Ri- an^ RI a' IV " ROS-0 RI Q.RI cn .x :y.,. I �O w RI R � % RI I.RIc:O 01 C 3 9 Z w z ?q o 010 ROS-0 RI o OC 0�C, `., Cj !.., JY o a. a RI s °f �M1R4-01 0 RI RI y �R / P : i« g R2PD o c -01 z ,;.. �RI 5� >� b ,1 ' • Q 'Wr ,2..: 1'•Or ,. Off/ /r�' •,A.T{b_tw I; a2'Po-d' R2-PD-O-CZ �•� �� C`�• RI-0J • ' \ I, `�3d:/ aocw,stsmt� � �'s �'I ��/� , 4 �°�'•. �� E"R4-01-CZ �� R e?r' • "te FT 14042 �' HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION • •.1)1t1;MIUM $1,376,00 - FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as Tract No. 14042 - project well Island "D" is hereby referred to and made a part hereof; and VJHEREAS, said principal is required under the terms of said agree" ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we.the principal and .Pacific States Casualty Company as .surety, are held and firmly bound unto the City of Huntington Beach hereinafter galled "City", in the penal sum of One Hundred Thirty-Seven Thousand Six Hundred and NO1100-----------------= dollars ($ 137,600.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, 'we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.' The condition of this obligation is such that if•the above bounded" principal, his or its heirs, executors, administrators, •successors or as-Vigns, shall in all things stand to and abide by, and well and tr1ily keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to b'e 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. PPROI-M T,s mr rnrit• . GAT?, R: lltj;UL y • Fait hj,a Performance Bond Page 2 . As a part of the obligation secured hereby and in addition to the face amount specified therefor, there'shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to .the terms of the agreement or to the work or to the specifications. In witn e s s'wh e re of, this instrument has been duly executed by the' principal and surety above named, September 30, 19 92. Seacliff Partners, A California as P rincipal General ar e s p BY By Pacific St a es Casualty C mpany as Surety By William C. Slater, Jr., At rney-in-Fact By BOND NO.: 8581 The Premium for this Bond is: $1,376.00 A ER • � � �jIN Included LABOR AND MAI'ERIAL BOND WHEREAS, the City Council .of the City of Huntington Beach, State of California, and Seacliff Partners, A California General (hereinafter Partnership designated-as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project Tract No. 14042 - Well Island "D" is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as.corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subconttActors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the sum of Sixty-Eight Thousand Eight Rundredollars (s 68,800.00 ) , 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 faxed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any, and all persons) compinies and corporations entitled to file claims under Title 15 (conmencing with Section 3082) of Part 4 of Division 3 of Labor and Material Bond • Page the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS. WHEREOF, this instrument has been duly executed by the principal and surety above named, on September 30, 19 92 . Seacliff Partners, A California General ,.as Principal Partnership �. By: I i By: Pacific States Casualty Company , as Surety 01 I By: wiTliam ter, jr., Attorney n- act BY: POWER OF ATTORNEY OF PACIFIC N? 7458'7 STATES CAS U A L T Y CO NIP A N1' 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 Iimited,.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 5500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACIFIC STATES CASUALTYCOMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. ,Its C48G w PPoq '� ATTEST PACT S S CASUALTY COMPANY ��J��,�p� � FEB.1, O A By By ? W Bruce E.MacKenzie Esther R.Lowy, ecreta STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIRO Signature � N01 ARC PUBLIC CAl IE OIiNIA Notary Public PAINCIPAI OFLICE IN LOS ANGELES COUNIT Q.v Co—issw Law•.J.-4,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September ,198 92 PACIFIC STATES CASUALTY COMPANY All. C4gG 4°V PO'9 0 Z FEB.1, C O , 1982 P D By /Fo 1?+ PSC-S-101 9/89 Esther R.Lowy, ecreta POWER OF ATTORNEY OF PACIFIC N? '74588 STATES CA S U ALTV colt PA Y'y - - NOTICE: 1. All power and authority herein granted in any event terminate on the 31st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint WilliaT C Slate d7r. the true and lawful Attorney-in-Fact,to make,execute,deliver an acknow edge,for and on a al ofrsai corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. APSES Cqs` P PACT S S CASUALTY COMPANY o�=ooP °q'� ATTEST ` "`_' _v � LL FEB.1, O 0o C 1982 ' T '"'oRai ?+ By 4yu—� Bruce E.MacKenzie * } By Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIRO Signature NOiAR•PUBLIC CA1,FORNIA Notary Public PFAINC1P•t OFFICE IN LOS ANOELES COUNtr 1(b-v Commissiw UP—Jun•4,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 198 92 PSEB cgBG PACIFIC STATES CASUALTY COMPANY 10 40pP 0q7�'�` = FEB.1, O n o 1982 ' D Bylw�A= Pp" ?a PSC-S-101 9/89 Esther R.Lowy. ecreta ; &MENT BOND • Bond N 8582 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Seacliff Partners, A California General Partnership 14042 - Well as subdivider of Tract.No. Island "D" in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a- Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi= Cate: That said Seacliff Partners, A California General Partnership , (Subdivider) as principal, and Pacific States Casualty Company 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 eat prior to the recording of said Final Map, in accordance with said map and said . certificate up to but not in excess of the sum of $3 000.00 - (Three Thousand and NO/10Q) in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with a.nd subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 30th day of September 19 92 Seacliff Partners, A California General as Principal artners ip By: By: Pacific StatqW Casualty C mp as Surety By: William C. Slater, A-PrpAwar By: C,A7T.S111T'I'!1}�, r Tni nej By: DepuLy C,. .. 1\ POWER OF ATTORNEY OF PACIFIC N? '74589 STATES CA 5U A LT 1" COM PA ANY , NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds.mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988• ,PIES CALSL a PPO ATTEST PACI C ST S CASUALTY COMPANY FEB.1, O n on 1982 P D By 'trFolt+� ?a BY t 6Z 4�31� Bruce E.MacKenzie Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(Or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFiCIAL SEAL(J_/ ELLEN H. OSHIRO Signature NOi♦RY PUROCU6UC GUFOnNu Notary Public PRiNCIP.t OFF1cf IN b.y LOS•NOELFS COVNtY Commission L,pi,. 1uro 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 30th day of September 198 92 SE8 C48 PACIFIC STATES CASUALTY COMPANY q 4OpPOq 0 r FEB.1, o n By 'a� PSC-S-101 9/89 Esther R.Lowy. ecreta - LJJR) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 First'American Title Insurance & Trust 114 E. 5th Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 14042 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk CB:bt Enclosure Received by Dated (Telephone: 714-536-5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14042 THIS AGREEMENT is entered into this 10th day of December , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SEACLIFF PARTNERS, a California general partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No . 14042; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty ,of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, 10/6/92 :PDA -1- as required by Sections 66499 and 66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration.• of the promises and agreements of the parties as herein set forth, the parties agree as follows : 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the i 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 maybe set forth in CITY'S codes . All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 10/6/92 :PDA -2- 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to_ complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY ' In accordance with •Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Thirty-seven Thousand Six Hundred and no/100 Dollars, ($137, 600.00) 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. 10/6/92 :PDA -3- 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, .including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVI-DER for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, SUBDIVIDER acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; SUBDIVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit. . 10/6/92 :PDA -4- SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for all -of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall carry at all times incident -hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability- Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, SUBDIVIDER. shall immediately _ notify CITY of any known depletion of aggregate limits . 10/6/92 :PDA -5- { i 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 1 of SUBDIVIDER' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 10/6/92 :PDA -6 9 . ENTIRETY This agreement contains the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have. executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: SEACLIFF PARTNERS a California General Partnership . By: UWC-Seacliff, L.P. �j a California limited partnership Mayor - General Partner ATTE T: By: UWC Seacliff Land Corp. •�Gz a California corporation City Clerk General Pa ner APPROVE 7 &`T FORM: By: City Attorney Its : ic io-6-`lZ P� By: t s : � By: ' P IFIC COAST HOMES, INC. a California corporation General Partne !! By: Its : By: 00, Its : /7�S'�5.� � JeG� �✓` REVIEWED AND APPROVED: INITI TED AND ROVE Ci Administrator Director of Public Works 10/6/92 :PDA -7- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 Pacific Coast Homes 2124 Main Street, #200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, December 7 1992 approved the Subdivision Agreement for Tract No. 14042 - We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) NOTICE OF OPLETION WITH CONDITIONS 80 RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : C I TY CLERK DATE :- FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO. �¢b �- DEVELOPER CONDITIONS : Date Deposit of fees for water, sewer, . C>l drainage, engineering and inspection Bond for. Improvement . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . . . . . Bond for Monuments . . . . . . . . Labor & Material Bond . . . . . . . Other: Siqnature NOTICE OF COD0LIANCE WITH CONDITIONS ON AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. 1a��-- I _ PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER 4m,cl C. Adams — ' y--`'�<"'"t�r:•r:.�,:�. -.1 ar`a`f- -�� A.�e. .�001091,° MCERTIFICA. i - INSURANCE �-a - ' .�-1 ISSUE DATE(MM/DD/YY) =a-- - - _-- - 7-10-92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE AGENCY, INC. POLICIES BELOW. P.O. BOX 769 COMPANIES AFFORDING COVERAGE DOWNEY, CA. 90241-0769 - COMPANY LETTER A SAFECO INSURANCE CO. COMPANY INSURED . LETTER B NORTH AMERICAN INSURANCE CO. SEACLIFF PARTNERS COMPANY G. A CALIFORNIA GENERAL PARTNERSHIP LETTER INSURANCE COMPANY OF PENNSYLVANIA URBAN WEST CON;I:UNITIE COMPANY ` 5 OADW O LETTER D SANTA MONICA, CA. 90401 COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' LIMITS _TR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000. x COMMERCIAL GENERAL_LIABILITY - :, PRODUCTS-COMP/OP AGG. 'S 1,000,000. A cv+IMs MADE X OCCUR.: CP2211709C 04-01-92 04-01-93 PERSONAL s ADV.INJURY $1,000,000. -- — — X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000. FIRE DAMAGE(Any one fire) S 50,000. _ _ . MED.EXPENSE(Any one person)'S rj 000. AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO LIMIT ......_ 'ALL OWNED AUTOS Q BODILY INJURY SCHEDULED AUTOS C (Per person) $ HIRED AUTOS � � BODILY INJURY NON-OWNED AUTOS _ (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S 10,Q00,000. C X UMBRELLA FORM 4292-6685 04-01-92 04-01-93 AGGREGATE s 10,000,000. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS 09-30-91 09-30-92 EACH'ACCIDENT'-' CCIDENT- S A AND WC806213 AND AND - 1,000,000. DISEASE—POLICY LIMIT S 1,000,000. EMPLOYERS'LIABILITY 09-30-92 09-30-93 DISEASE—EACH EMPLOYEE $ 1 00O 000. OTHER B BUILDERS RISK—SPECIAL $66,000,000. LIMIT OF INS. FORM—ALL RISK 530540 01-01-92 01-01-93 5,000. DEDUCITIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED'S OPERATIONS, WITH RESPECTTOANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL9L�fL�IRVI4*''fCS 2000 N�AIN STREET MAIL��DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO HUNTINGTON BEACH, CA. 92648 LEFT, r* lt�tlk *t�lfd(A1�"SZ9 �f�tJEyf) '�ff}��'2r�N14Y�Lf�S�L'K AUTHORIZE PR NTATIV ACORD 25-S (7/90) =--- OACORD CORPORATION 19901