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HomeMy WebLinkAboutFinal Tract Map 14044 Pacific Coast Homes/Seacliff Parners DPW - \,To/UE,5 I Srn>Tl gC�ra lI Dpi v 6t-"4oNG OTY OF HUNTINGTON BEACISv✓e�c. �rmr ipe7 Rc�4 Y t . .Q3o�rvs MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-067 Council/Agency Meeting Held: a Deferred/Continued to: Er-A-pproved ❑ conditionally Approved ❑ Denied ity Clerk's Sig re7-0 . Council Meeting Date: October 7, 1996 Department ID Number: PW96-067 cn: c CITY OF HUNTINGTON BEACH REQUEST FOR ACTION N Cl SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 1- '� Vol SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 07 _: PREPARED BY: Off S M. JONES II, Director of Public Works SUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTAN OF TRACT NO. 14044 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen�(s) Statement of Issue: Seacliff Partners, the developer of Tract No. 14044 (also referred to as Island "E" within the Seacliff residential area)„ located on the west side of Goldenwest Street, south of Garfield Avenue, has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. n Funding Source: �p Not applicable �l " ' Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14044 and, 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. Accept Guarantee and Warranty Bond No. 8585-M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 0021086.01 -2- 09/23/96 2:02 PM fir, /-T.. ' REQUES FOR CITY COUNCI ACTT. Dece 7, 199 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator° Prepared by: Michael Adams, Director, Community Dev ment Subject: FINAL TRACT MAP 14044 WITH BONDS AND AGREEMENTS 4,PPROVZD BY CITY COUNCIL Consistent with Council Policy? Yes [ ] New Policy or Exception j _iStatement of Issue, Recommendation,Analysis, Funding Source, Alternative A i Axar_I STATEMENT OF ISSUE• The final map of Tract No. 14044 (also referred to as Island E within the Seacliff residential area) , located on the south side of Garden Circle approximately 150 feet east of Surfdale Drive, is being submitted to the City Council for approval. RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14044 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements: " Findings for Acceptance of May: 1. Final Tract Map No. 14044 is in substantial compliance with the previously approved tentative map 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: i a. Faithful Performance Bond No. 8585 b. Labor and Material Bond No. 8585 ' c. Monument Bond No. 8586 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 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: South side of Garden Circle approximately 150 feet east of Surfdale Drive ACREAGE: 2 .26 AC LOTS: 11 NO. OF UNITS: 11 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- (5100d) ENVIRONMENTAL STATUS This action to accept Final Map No. 14044 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- (5100d) t'7I� F LrI Ifi kk,�d!J i`�trlt. i�tt rt ly,l Y '"�r� ply ' �L" 2-19-76 PP6A7352024 GARfIELD AVENUE �` f trh '.f i. CC-CZ - �" R4-0-CZ ! M2 o C e:& C _ BRA-01-CD L / R4-0 - 1 0 M2-01 in -440' 46. •O'G -ROS 0 M2-01 -CD < w. %"SF. -„ ^I °e°'eleYi')e• !. ^R4-01-a ex 'a. t�;,;t siF !' b `O�oy`. •�y"'/,�. ) '-.• up tn,�— __ �'•aro°•t__� > >u:w t.xwx NRI :^ * RI ROS-0 RI • -�. ...... ' , i%`:° ;$ ' R4 01' g RI RI y �... ' rtroi R 1 S RI ROS-0 "".. t xrRly R/�I RI RI Q ROS-0 `o oc .` RI J co, cl- ( ` • '� \RI R4-01 4-0 PD.O-CZ R4-0� �R�l/ RI 5� �?' �_"Y�iv ..� _ .•.. +� xe nw . th fir. D-0-CZ "92':i^-�`�21te a�0!Fi S l�,.gyp •s.�'.°. i_L��_� • c� 1 ....t �WQ'hx Ci'✓. °`" O.y�-; - _ 'e: • a0 RI ,/ �•..S�eoM_w p2'P R2-PD-0-CZ o. ,0 .t°;n c RI R�-0 ,. W "iff FT 14044 J' A) HUNTINGTON BEAa'i HUNTINGTON BEACH PLANNING DIVISION City of Huntington Beach f L>_ P O Box 711 CALIFORNIA 92648 E. - # ► TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L.FREIDENRICH CITY TREASURER January 3, 2000 CERTIFIED IYIAIL Seacliff Partners 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 7, 1996, approved the release of the following bond: Tract# 14044 Faithful Performance Bond No. 8585 Labor& Material Bond No. 8585 Monument Bond No. 8586 The original copies of these bonds were sent certified mail to your surety's address, but were returned to us by the post office. Therefore, I am sending the bonds to you for your records. Also enclosed, is a copy of the City Council Action approving the release of the above- referenced bonds. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, C Shari reidenrich, CPA, CCMT w r.--? City Treasurer Fr Enclosures o? z cc: Bob Beardsley, Director of Public Works (no attachments) ' N ""v Connie Brockway, City Clerk (no attachments) Gr••Denine`Shari`•Letters'%Bond Lt?3 *REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-067 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Co., of this action. Alternative Action(s): Deny the recommended action. Analysis: On December 7, 1992, the City Council approved Final Map No. 14044 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 bonds pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer, storm drain and water lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. 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. 8585-M as security. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: West side of Goldenwest Street, south of Garfield Avenue. Lots: 11 Lots and Lot "A" Acreage: 2.349 Zone: OP-01-Civic District 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). 0021086.01 -3- 09/16/96 4:21 PM *REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-067 Attachment(s): City Clerk's Page Number _............. .............. ...................... ............... _ ........ ............... .__..........._.......... _............ ......... 1 Location map 2 Guarantee and Warranty Bond No. 8585-M LMJ:BPC 0021086.01 -4- 09/16/96 4:21 PM STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH *********-Indicates Portions Of The Meeting Not Included In The Statement Of Action Council Chamber, Civic Center Huntington Beach, California Monday, October 7, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- Items Approved On motion by Garofalo, second Harman, the following Consent Calendar items were approved, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Release Of Securities - City Acceptance Of Tract No. 14044 - Seacliff Partners -w/s Goldenwest Street - s/o Garfield Avenue - Island E -Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14044; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8585-M, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. 96stact Page 2 - Statement of Action Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:30 p.m. to October 21, 1996 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California 92648. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/ Dave Sullivan City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 7th day of October, 1996. Witness my hand and seal of the said City of Huntington Beach this the 15th day of October, 1996. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B De t City Clerk 96stact low J l� GARFIELD AVE. w NOT TO SCALE w 0 J C.� C LL- YORKTOWN AVE. TR. 14044 ATTACHMENT NO. 1 LOCATION MAP J. Ing CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14044 Bond Number 85-M AI _ All 'L.D AS To volul premium luded GAIL II0TT014 Power Number 74594 CI AT ,rir t TY((� GUARANTEE AND WAR)�A Attorney" D�pt:ty WHEREAS, Seacliff Partners, A California General Partnership , as a Principal, and Pacific States Casualty Company , a corporation organized under the laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal Sum of Eighteen Thousand Forty and No/100-----------------------($18,040.00)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, WHEREAS, the said Principal entered into a contract with said Obligee, dated for work described as follows: Tract No. 14044 - Well Island "E':' 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. Seacliff Partners, A California General Partnership PRINCIPAL By: UWC-Seacliff Limited Partner, Its General ptr By: UWC-Seacl' Corporation, Its General Ptr By (� A Stephen Gunther, President Pacific States Casualty Company -- SURET ', Y 4, t 1 Authorized Represen a ive William C. Slater, Jr., Attorney-in-Fact I POWER OF ATTORNEY OF PACIFIC STATES CASUALTY COAIPA NY. 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 Wi]�l�ta� C S1$the�� i.r. the true and lawful Attorney-in-Fact,to make,execute,deliver an ac now edge,for and on e a offsai 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 Powerof Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond undertaking or contract of suretyship to which it is attached. IN WITN ESS WH 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. PIES C4,9 ; v� PACT S S CASUALTY COMPAYNY� u C ro°Pvoq v� ATTEST < d p 1992 ; d q �P D By l/polt }�a By Bruce E.MacKenzie * Esther R,Lowy, ecrete 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 i1 ELLEN H. OSHIRNI Signature �-c••✓ / y'• 1407•RYPUPl1C C•W ONNi• T Notary Public PRINCIP•L OFFICE IN LOS►NOELES COVNI Y 0-Y Commhsim Lrn.,K 1.-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. 30th September 92 This Certificate is executed in the City of Los Angeles,California,this day of 198 PSEB C4SG PACIFIC STATES CASUALTY COMPANY y 4OPPoq'j'C; 0 4 j FEB.1, C n o 1942 ? D By ��FOPN�1 PSC-S-101 9/89 Esther R.Lowy, ecreta . i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 7, 1993 First American Title Insurance Co. 114. East Fifth Street Santa Ana, CA 92702 I Attention: Subdivision Officer RE: Tract Map No. 14044 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 ;7✓�� ` '� Dated 6/-07-g3 (Telephone:714-536-5227) ' • • 1�Ltl:MIL1M $1,804.00 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. 14044 - project Well. Island "E" is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agree= ment to furnish.a bond for the faithful performance of said agreement. Now, therefore, we.the principal and Pacific States Casualty Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of One Hundred Eighty Thousand Four Hundred and No/10--------------------- dollars ( $ 180,400.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents: The condition of this obligation is such that if.the above bounded principal, his or its heirs, executors, administrators, .successors or aseigns, shall in all things stand to and abide by, and well and tr1ily keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and• save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 4 Faithl rformance Bond • Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there'shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by ".City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall.in anywise affect its obligations on this bond, and it does hereby waive notice of any such change., extension of time, alteration or addition to the terms of the agreement or -to the work or to the specifications. In witness'whereof, this instrument has,been duly executed by the'_ principal and surety above named, September 30, 19 92 ' I i Seacliff Partners, A California as Principal General ar ners p By i By Pacific Sta s Casualt r as Surety • By ,, WilliKrK C. Sl t r, r., t n in-Fact By BOND NO.: 8585 The Premium for this Bond is: $1,804.00 • AO ER 8585 �UM Included LABOR AND MATLIZIAL 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 project Tract No. 14044 _ Well Island "E" 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, niaterialmen 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 Nincy Thousand Two Hundred dollars ( s 90,200.00 ?, 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 rcasonable expenses and fetes, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and faxed by the court, and to be taxed as costs and to be included in the judgment therein rendered. i It is hereby expressly stipulated and agreed that this bond shall inure j to the henefit of any and all Pnrsrnic) companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of ' Lab040d Material Bond • .rage i 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 A By. By: I Pacific States Casualty Company , as Surety By: William C. Slater, Jr., Attor ey-in-Fact APP OV]•D t _ TO T?? CAD T 'i •a,.,. POWER OF ATTORNEY OF PACIFLC N? '74593 STATES . CA S U ALT Y C O M P 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.PACI FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 411h day of January 1988. 4PASS Cos PACI S S CASUALTY Lx" COMPANNYN OPPOg '� ATTEST FEB.1. O n c1992 ; B > OpN�p*�aD B Y Y Bruce E.MacKenzie * Esther R.Lowy, ecreta STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFF t PORL IC SEA L ELLEN H. OSHIRO Signature • Nounr Putsuc cu rroaNu Notary Public PR14CIP•L OFFICE 114 • •; LOS►NOELES COVN1r 4r Commission C.ni.•.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 SES Cod PACIFIC STATES CASUALTY COMPANY y~4OpP OjR? 0 _ ? FEB.1, o O 1992 P D By "FOR p�t?a PSC-S-101 9/89 Esther R.Lowy, ecreta MONUMS BOND Bond N 8586 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Seacliff Partners, A California General Partnership 14044 - Well as subdivider of Tract No. Island "V 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 ouch monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said . certificate up to but not in excess of the sum of $3,700.00 - (Three Thousand Seven Hundred) in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 30th day of September 19 92 I i I Seacliff Partners, A California General as Principal ar ners p By: By: I .. +—i Pacific Statep,-Caodualty Co pay as Surety By: , i m By: APPROVT- GAIT, - 13y 1 1 , POWER OF ATTORNEY OF PACIFIC N° 14595 STATES CA ALTLTY COof P A 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. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. PLEB C4a& I. pPOq ATTEST PACI S S CASUALTY COMPANY � _v ro° '0,i �'�a-^l � FEB.1. ° Cr d 1982 ' D BY �,FOpN� ra By Bruce E.MacKenzie * Esther R.Lowy. ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. Mw � • OFFICIAL SEAL � ELL H. OSHIRNI Signature � N01•FYPUBI IC C41 IF 011MI• Notary Public PRINCIPAL OFFICE IN LOS ANOFLES COVNII b., Commission Lon—Jum 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 Powerof Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30 th day of Sep tember 19892 ptEB C48G PACIFIC STATES CASUALTY COMPANY r;4°pPOq'�'�< FEB.1, o n i n 1992 2 7 �p aD By <�Fof% >? PSC-S-101 9/89 Esther R.Lowy. ecreta - - 1, NOTICE OF 18PLETION WITH CONDITIONS TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO. / DEVELOPER CONDITIONS : Date Deposit of fees for water, sewer, . C drainage, engineering and inspection Bond for. Improvement . . . . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . Bond for Monuments Labor & Material Bond . . . . . . . Other: Signature NOTICE OF C0B;U;1j,IANCE WITH C014DITIONS ON TRA IV A.;kC L &IA2 AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. 14044 PARCEL MAP NO. RECREATION & PARK FEES �P,A11D OTHERAi-ki, dN U�-Gf Ga h AMicthapl C. Adams AGMOW. °Sy-CERTtFIC�4,. >: SINS tZANC-r E DATE M/DD/1'Y) -- ' - - ,Y�t -= - J -- - - 7-10-92 t ISSU — _.�.,� PRODUCER~� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SAATDLIN '& 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 :NSURED LETTER B NORTH AMERICAN INSURANCE CO. SEACLIFF PARTNERS COMPANY A CALIFORNIA GENERAL PARTNERSHIP LETTER C INSURANCE COMPANY OF PENNSYLVANIA UR�7BAAN WEST COMUNITIE COMPANY L V- BROADWAY, SITZ 10U 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. _O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS -TR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2,000,000. X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG_ .S 1,000,000. A :CLAIMS MADE X OCCUR., CP2211709C 04-01-92 04-01-93 ;PERSONAL&ADV.INJURY - s 1,.000,000. X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE ^ "$1_,OOO,000. FIRE DAMAGE(Any one fire) S -- -------- - - --50.,000....... MED.EXPENSE(Any one person).S 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE S .ANY AUTO - LIMIT ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) _.......... HIRED AUTOS C BODILY INJURY S NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY - EACH OCCURRENCE S 10,000,000. C h 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 A AND WC806213 AND AND EACH ACCIDENT $ 1,000,000. EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ 1,000,000. 09-30-92 09-30-93 DISEASE—EACH EMPLOYEE S 1,000.000. OTHER B BUILDERS RISK—SPECIAL $66,000,000. LIMIT OF INS. FORM—ALL RISK 530540 01-01-92 01-01-93 5,000. DEDUCITIBLE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED'S OPERATIONS, WITH RESPECTTOANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE HOLDER = CANCELLATION CITY OF HUNTINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 'I:'ll96t A)tF9**d HUNTINGTON BEACH, CA. 92648 MAIL '10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO LEFT, &Jq*AAYLV t*Fbk# It StR`•Ai1lE3�)��FY74�2�i L'Nf9tiE'fE#LFClf L7#�iLt �J R�lbt/J7 Fes$• f/f��(FP�'Of� L �{i`i AUTHORIZE PR TA I* ACORD 25-S CACORD CORPORATION 1990 ' CITY OF HUNTINGTON BEACH [oil 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. 14044 . We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. . 14044 THIS AGREEMENT is entered into this loth day of December , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State' of California, hereinafter referred to as "CITY, " and Seacliff Partners, a California general partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14044; 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 10/6/92 :PDA -1 work or labor done, or defective materials -furnished, as required by Sections 66499 and 66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, - but not limited to, the Construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including Construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as .may be set forth in CITY' S codes . All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and 'all labor and material bills therefor shall have been paid by SUBDIVIDER. 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 Eighty Thousand Four Hundred and no/100 Dollars ($180,400.00) 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 SUBDIVIDER for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 6 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, SUBDIVIDER acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; SUBDIVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars _($100, 000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit. 10/6/92 :PDA -4- SUBDIVIDER .shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual l.iability. Said insurance shall also include automotive bodily injury and property damage liability insurance.. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds . SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . 10/6/92 :PDA -5- SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8 . CERTIFICATES OF- INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages • in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, . in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 10/6/92 :PDA -6- 9 . ENTIRETY This agreement contains the' entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: SEACLIFF PARTNERS a California General Partnership By: PACIFIC COAST HOMES, INC. Mayor a California corporation General Partner ATTEST: By: Cit-�• Clerk Its: APPROVED AS TO FORM: By: - City Attorney t s : By: UWC-Seacliff, L.P. a California limited partnership General Partner By: UWC Seacliff Land Corporation a California corporation General Partner By: 1l Its : i By: Its : Aclex. REVIEWED AND APPROVED: INI IATED AN PPROVED: Cilty Administrator Directo of Public Works 10/6/92 :PDA -7-