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HomeMy WebLinkAboutFinal Tract Map No. 14296 - PACIFIC COAST HOMES - Island B 5 r A iT. l4COPY o� ReA�sT»��/�a�i oi✓ l�ll�lq� �'DNES pPW ''Fp�.b Ta D eS �tr�i.oNE D ►'✓ B�n-nvt� Ui°4r -PITY OF HUNTINGTON BEACfr,-- 7i E6SOMk f MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-070 Council/Agency Meeting Held:_ LY�Z'6 Deferred/Continued to: 0 Approved ❑ Conditionally Approved ❑ Denied City Clerk's gnature Council Meeting Date: October 7, 1996 Department ID Number: PW96-070 CITY OF HUNTINGTON BEACH r REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato - PREPARED BY: S M. JONES II, Director of Public Works rJG SUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 14296 E Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachme s) Statement of Issue: Pacific Coast Homes, the developer of Tract No. 14296 (also referred to as Island "B" within the Seacliff residential area), located on the north'side of Lawn Haven Drive, approximately 100 feet west of Evening Hill Drive, has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: C" 1. Accept the improvements constructed and dedicated for public use with Tract No. 14296 and, 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. Accept Guarantee and Warranty Bond No. 8579-M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, E 1g 0021098.01 -2- 09/23/96 2:09 PM NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID L-* ` , Rorpt c,4-rzo-tj OTHER _)el C. Adams i NOTICE OF PLETION WITH CONDITIONS GWRACTS AUTHORIZATION FOR RELEASE FOR RECORDING I TO : CITY CLERK DATE : i FROM : PUBLIC WORKS DEPARTMENT j Bruce Crosby I TRACT NO . / ZQG DEVELOPER CONDITIONS : Date Deposit of fees for water, sewer, . drainage , engineering and inspection Bond for. Improvement . . . . . . . . . . . I Signature of Agreement . . . . . . . . Certificate of Insurance . . .. . . . Bond for Monuments . . . . . . . . . i Labor & Material Bond . . . . . . . . . Other : i i i Signatur C , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 17, 1993 First American Title Insurance & Trust 114 E. 5th St. Santa Ana, CA 92701 Attention: Subdivision Officer i. RE: Tract Map No. 14296 - 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 by7�� �d Dated (Telephone:714-536-5227) REQUEST FOR CITY COUNCIL ACTION _ ' 5 March 15, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Michael Adams, Director, Community Developm Subject: FINAL TRACT MAP 14296 WITH BONDS AND AppgOVLD BY CITY COUNCIL -_.3 1S 19 Consistent with Council Policy? [� Yes [ ] New Policy or Exceptio �.-- EIT CLE Statement of Issue, Recommendation,Analysis, Funding Source,Alternative c tons, Attachments: STATEMENT OF ISSUE: The final map of Tract No. 14296 (also referred to as Island B within the Seacliff residential area) , located on the north side of Lawn Haven Drive, approximately 100 feet west of Evening Hill Drive, is being submitted to the City Council for approval . RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14296 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 . 14296 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. 8579 b. Labor and Material Bond No. 8579 c. Monument Bond No . 8580 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; Plo 5/85 ; y 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: North side of Lawn Haven Drive, approximately 100 feet west of Evening Hill Drive ACREAGE: 2 .31 AC LOTS: 10 NO. OF UNITS: 10 ZONE: R1-01 GENERAL PLAN: Low Density Residential DISCUSSION• The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being 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 3/15/93 -2- (6057d) REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-070 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes 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 March 15, 1993, the City Council approved Final Map No. 14296 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, wheelchair ramps, street lights, sewer 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. 8579-M as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: North side of Lawn Haven Drive, approximately 100 feet west of Evening Hill Drive Lots: 10 Lots Acreage: 2.329 Zone: R1-01 Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). 0021098.01 -3- 09/18/96 3:40 PM • REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-070 Attachment(s): City Clerk's Page Number ...... .. ................................. .. . .................... ............... .. 1 Location map 2 Guarantee and Warranty Bond No. 8579-M LMJ:BPC 0021098.01 -4- 09/16/96 4:14 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- Items Approved On motion by Garofalo, second Harman, the following Consent Calendar items were approved, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Release Of Securities - City Acceptance Of Tract No. 14296 - Pacific Coast Homes - n/o Lawn Haven Drive -Approximately 100 Feet w/o Evening Hill Drive - Island B -Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14296; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8579-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, Pacific Coast Homes, 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 De y City Clerk 96stact J l� GARFIELD AVE. TR. 14296 N w NOT TO SCALE w LL J U` C�qy AVf C YORKTOWN AVE. ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14296 • APPROVED AS TO FORM.-i Bond Nufnl�er� 79-M GAIL HUTTON _ Premium IWdd CITY AT"ORNEY Power Number 74585 By: � GUARANTEE AND WARRAliV O Dkttorney WHEREAS, Seacliff Partners, A California General Partnership , as a Principal, and pacific States Casualty Company , a corporation organized under the laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obliged, in the penal sum of Four Thousand Seven Hundred Twenty and NO/100-----------($4,720.00) 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. 14296 - Well Island "B" 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 !y. 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 apparent;,. become a• PP during the period of one year from and after date of r .'-. inn of work and acceptance thereof by Obligee. CALIFp�A STATE OF day of September , • COUNTY OF L e es representatives STj►'18 OF al Fa%U ) I DIY OF Los Angeles 6 me, Marian rlal Aiao ;sue as Public in and for said Comity and State, persomMy Stpnhpn Q- nnnthar personally known to me (or Proved to me on the basis of satisfactory evidence) to be the persons) Whose names) is/are subscribed to the within instrimrnt and adaiowledged to me that he,/dw/they exBOlited the same in his/her/their authorized capacity(ies), and that by his/her/U*ir signatur (s) on the inst U ient the person(s), or the entity upon behalf of which the person(s) acted, executed the instrm*. WIn SS my hand and official seal w....-....... OFFICIALSEA` MARIAN DAL PIAZ ' Signature OTAPY PUOLIC-CAUFOfitJl;, ? PRINCIPALOFFICE IN S�♦. LOS ANGELES COUNTY 7 i APPROM AS TO FOMI:t Bond Numbe 579-M GAIL HUTTON Premium luded CITY AT^0131dEY Power Number 74585 By• Q , GUARANTEE AND WARARtV c Dkttorney WHEREAS, Seacliff Partners, A California General Partnership as a Principal, and Parific 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 Four Thousand Seven Hundred Twenty and N01100-----------($4,720.00) 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. 14296 - Well Island "B" 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 �f work and acceptance thereof by Obligee. i STATE OF CALIFORMA 0—pmh e r counYOF Los Angeles / 1_ . OF chmam 1 OUWN OF Los Angeles ) c before th On aae�ry Public in and for said Oamty and State, pereannlly Sipappeared personally kwwn to me (Or proved to me an the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subsoribed to the within instrument and admewledged to me that he,/&Wt1W a =*,ed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the inst=ent the person(s), or the entity upon behalf of Which the person(s) acted, execated the bl-x ►e * WrnESS my hand and official seal ,....{..••«H�++ `ter v"�. oFFIcuL sEu MARIAN DAL PIAZ �:OTARY PUBLIC-CALIFORNIA } PRINCIPALUFFICE IN Si LOSANGELESCOUNfy 7 POWER OF ATTORNEY OF PACIFIC is -'N° '74585 STATES CASUALTY C O M P A N Y 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 a d aslac c�no expressly �limited,PACIFFII�C-S�TAATES CASUALTY COMPANY,does,hereby make,constitute and appoint the true and lawful Attorney-in-Fact,to make,execute,deliver w-fedg for anSd on behalf-ofrsaid"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 properto be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds.undertakings or contracts of suretyship: Bank depository bonds.mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN 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. S S CASUAL PEES CATO PACI TY COMPANY q� � a°pPO q'r ATTEST FEB.1. O f1 a ° 1992 ; By 'Folk- By f 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 NO7 CRY PUBI IC G.I IE ORNI4 Notary Public PRINCIP.t OFFICE IN LOS•NOELES COUNT V (b. r Commiss,w Lmon luny 4.1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 19892 PIES C4., PACIFIC STATES CASUALTY COMPANY y pPOgj9(s U a : FEB.1, O n 1982 Y e By 1/rovi t`'a PSC-S-101 9/89 Esther R.Lowy, ecreta i ENVIRONMENTAL STATUS: This action to accept Final Map No. 14296 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 . Faithful Performance Bond 4 . Labor and Material Bond 5 . Monument Bond MTU:MA:WC: lp RCA 3/15/93 -3- (6057d) GARFIELD AVENUE --^--� F w . I N 1 ......... r—� • IDR. r I s uj —31 el 4y�4�� �/���• (4f9 W � ` x .- = ley.._.: "le FT 14296 J HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION SHCET I OF t TENTATIVE MAP TRACT NO. 14296 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA emc.rovn.�oe o°e nroa J•oaeaKs eJvn w+cr,:•a ��v _ ..>a a soo.i, .i�.m,ascr.:.re..•W! Ymr -,rt s>.C••.� �\���i e t 3 SEACUFT - f .;O:F COURSE ,r vocom kw i_ � u ra r.un ro nc-aw-a: `.L ,�'-� t aC 01 rlOMaaD IOIa f0 'i / •..pfOj: etTDt C.}1'01 M1MpCl0Ir Ia.CN � My 7' _ cs aotrt:moi cunawt.w.vu� /�" ... r• `;�7 JV..•: _` `.. ' :ELIXOXL GL RI iEDeO.R C.•1OYIY Jr:i.YJKr. IN 3a[Ot CR Ot IRMJLtOa B4M ••• !••.Y--..`Y• _ •• - I.1L(�fOc fOITNOIf C.iD001N OW.': ec-yy G r3i[TMG WrpC as_e:.[Oa [i-:: 4 snerortc:Dxwc a-, CLAY AVENUE LAWN HAVEN DRIVE --¢`..:-i. ���� :�� _�1r- `_sue• . `r 'A STREET • 761' ..• -.. �[Di�7Cn6 �pA[' ... r 'n. n'wn„croa vca c•muw o.uia... -aao-uer. .aee-euo ' •e C •.r +f-. nSSOCIATES W^ TENTATIVE YAP _ TRACT NO. 14296 i. • V X�� _ `� 1 PACIFIC COAST HOMES C HUNTINGTON BEACH, CA K.rarr ..ffa'• I I have received Faithful Performance, Labor & Material , and Monument Bonds for Tract No. 14296 on behalf of the Treasurer's Office. Dated BY �. ~ • Ot1:,MIUM $944.00 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. 14296 - project Well Island "B" 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 Ninety-Four Thousand Four Hundred and N01100----- -------------------------------dollars ( $ 94,400.00 ) 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 assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to lie kept and performed at the time and in the manner therein specified, and in all respects according to • o their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall APPIMEDS TO FORM[:. become null and void; otherwise it sha*blb,eg#f} ;lire }r�_ror eyfor.ce and effect. By: Doputy City Atturney FaithSul PeSmance 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• Iseacliff Partners, A California i as, Principal IGeneral Partnership 11. By i I By Pacific S e Casu ty C m ny , as Surety By. William C. Slater, Jr., A to ney-in- act By BOND NO: 8579 The Premium for this Bond is: $944.00 _ STAT CALIFORNIA ) ss COUN�F ORANGE j On 19 bc•forofrme ' a Notary I?ublic in and for said County and Slate; personally appeared and known to me to be the President and the Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary-Public My Cummissiun expirr:s:. MONU MENOOND ;Bond. 8580 ` $150.00 i Premium KNOW ALL MEN BY THESE PRESENTS:_. , _.....:.: That Seacliff Partners, A California General Partnership , 14296 - Well as subdivider of Tract No. Island "B" in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said 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 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 $ 3,500.00 - (Three Thousand Five 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 e day of September 19 92 Seacliff Partners, A California General , as Principal artners p By: By: Pacific Sta s C sualty Co pany as Surety By: 2 , William C. Slater, Jr., Attorney-i Fact By: APPROVED AS To r0Jra: GAIL BUTTON, city Attorney By: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 , before me a Notary Public, in.and for said County and Statc, personally appeared _ and known to me to be the President and the Secretary of the,corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. -.-,')Notary,Public I vs:My Commission.expiress'1:" STATE OF CALIFORNIA ) so COUNTY OF ORANGE ) On 19 before me. a Notary.Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of .the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. (f Notary Public My Commission expires. • U P/ µ • • POWER OF ATTORNEY OF • - N° 74586 PACIFIC STATES ,C O M P A N Y 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. SlateF Jr. the true and lawful Attomey-in-Fact,to make,execute,deliver and acknowledge,for and on behal of4said 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 WITN ESS W HEREOF,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. 4PtE5 Cog& PACT S S CASUALTY COMPANY °^'rco P°q ATTEST Q", FE9.1, O A IL9 nBy ,1OltN�V, 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. OFFtCIAI SEA'L ���� E ARY P H. OSHIRNI Signature e r MOLRY PUat IC Cal irOpMu 7 Notary Public PRINCIP.L OFFICE IN LOS•NGELES COUNT T 0-y Commytmo E,ri—J.-4.1993 14 IN 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 tSS C48 PACIFIC STATES CASUALTY COMPANY ,A40wPOq'`�(` o m r FEB.1, O n L O 1982 e By 1. PSC-S-101 9/89 Esther R.Lowy. ecreta x � � • fSUNi1 U,�uSLK 1JM Included LABOk AND.MA''ER1AL BOND WHEREAS, the City Council of the'City. of,Hunt hgton Beach, State of California, and Seacliff Partners, A California General (hereinafter rartnership 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. 14296 - Well Island "B" , 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, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the Sum of Forty-Seven Thousand Two Hundred dollars ( $ 47,200.00 . ), 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 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 n11 prsona, conmanies and corporations entitled to file claims under Title 1S (mw��i�1�b y4%,Jection 3082) of Part 4 of Division 3 of GAII,HUTTON, CiLy At.torneq 13y: Deputy C�AL'LJi,1�:✓ i . i I Labor Waterial Bond ,u6� 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 rartneranip By: .� By. Pacific States Casualty Company as. Surety By: William C. Slater, Jr., Attorne in-Fact By: q. 'r Y STOOF CALIFORNIA ) ss . COUNTY OF ORANGE ) On 19 , before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that ex- ecuted the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. otaryPublic My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On .19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directos. Notary Public My Commission expires: POWER OF ATTORNEY OF PACIFIC N° '74584 STATES CASUALTY COMPANY 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 WH 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. 4p-jES CAS P PACI S S CASUALTY COMPANY a�°oP °qs� ATTEST ` n r FEB.t, o n o (+ tta0t � D By POi1N�*?� By Bruce E.MacKenzie * Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIRO Signature NOtARYPUPUC CMIFOANI• Notary Public P11114CIP.1 OFFICE IN LOS ANOFLES COUNI♦ (b.v Com.r%%,n L.n.,- J.-4,J997 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 19899. 1ES Cod PACIFIC STATES CASUALTY COMPANY y °pPoq'G��� FEB.t, O n A n 198z i By > �"P 1, tea PSC-S-101 9/89 Esther R.Lowy. ecreta ,x,l:lll!11. CERTIFICATE INSURANCE PR;i;,u ER THIS CERTIFICATE IS ISSUED AS TTEA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOC. INS. AGENCY,I LOQES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE HALLMARK ASSOCIATES INS. SERVI LICIES BELOW. P.' 01 BOX 769 COMPANIES AFFORDING COVERAGE DOWNgY CA. 90241 ---••--•-•- i COMPANY ! LETTER A SAFECO INSURANCE j ....... ..� _ ..i _._. ........__...-. _� COMPANY B INSURANCE COMPANY OF THE STATE OF IN11101 aSEACLIFF PARTNERS, A JOINT VEN- LETTER �.._._........_._..._._-PENNSYLVANIA.:__.....,__-----'. _._...._---__.._..._._...._............_.. . TURE bF PACIFIC COAST HOMES AND COMPANYC URBAN LETTER WEST COMMUNITIES � RELIANCE, INSURANCE• _, •. „••_. „•,,,.•.._•,,..•_ 52b 9ROADWAY, 'SUITE 100 ' rcOMPANY SANTA MONICA, CA. 90401 i LETTER D ............... .. ._....... . ! COMPANY E LETTER COVERAGES THIS IS tO C�RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REOUIREMENT,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, 6xt;LUJIUNbANU UUNUI IIUNJ OF SUICH YULILPhS. LIMI I-j JMUWN MAY KAVt tlttN,rttUUt..tU bT rAIU LAtM3. ;.�..- ._ ___.._i.... ... __. .._... ........ --- —-- —...__...................... CO ER (POLICY EFFECTIVE POLICY EXPIRATION' TYPE dF INSURANCE POLICY NUMB TR I i DATE(MMlODlY1) DATE(MM/OO/YY) ; LIMITS GENERAL LIABILITY GENERAL AOGREOATE i 2?.POP.,O O O �X COM1eEpolAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG.„ i J...9 0.0. 0 0 0 A rCLAIMS MADE Xx OCCUR. CP 806213 04-01-93 '04-01-94 -PERSONAL BAOV_INJURY­..I 1lODO ,,000 OAWIM'S A CONTRACTOR'S PROT.. EACH OCCURRENCE-- i .1.10.04.1.0 0 0. 4IRE DAMAGE(Any one fire) 1 rj Q O O O MED.EXPENSE(My one person) i 51000 KUTOM081LE LIABILITY t ;COMBINED SINGLE ANY'AVTO ;LIMIT • t i AS TO FOR 1 _ M: ALL OWN�O AUTOS ��R��� T �,, , ? 806ILY INJURY _.. ... ... .. :. . ._.._.._.... ..... ......: ! TT^' Per person) t 1 SdHEDUL�tD AUTOS GALL •( P ) kIREp ALItaS BY. Da ! !BODILY INJURY ---...— NdN-0WN 0 AUTOS ; I (Per aetldent) 1 GARAGE ABILITY .X 1• PROPERTY DAMAGE • OXCESS UABILtrV t j I .EACH OCCURRENCE ,i �•O O O O O O uMepel.L�FORM � �--'-----.... B XX ! 4292-66 :04-01-93. :04-01-94 ;AOGAEGATgT OTH&THAN UMBRELLA FORM WbRKER'y COMPENSATION STATUTORY LIMITS A Wf' R06213 0�09_30_92 .09-30-93 EACH ACCIDENT -.•.^i1 it0001000 . DISEASE-POLICY LIMIT _ euPLorERa'LIABILITY I ;........ ......__.—...._. ............. ..1..�. ,.. 0- f 16 DISEASE-EACH EMPLOYEE i OTHER ' BUILDERS RISK-SPEC �G� I : $7,500 ,000 . LMT OF INS. C ,IAL 'Ot�M-ALL RISK- QM +, ?4' a-01-9.3�'01-01-94 $5,000. DEDUCTIBLE hEPLACgMENT VALUA- 0634:AIAW OR OAERATIONSILOCAPONWVEHICLESISPE ITEMS / CERTIFICATE HOLDER NAME AS ADDITIONAL �7 UR0,V(ITH ESPECT TO LIABILITY 'ARISIN OUT OF INSURED'S OPERATIONS, WITH' ESPECT TO ANY PROJECT OF EACLIFF PARTNERS . CERTIFICATE HOLDER '•.::,: . ?' •�.:,';'._�. �;._:�•:_. CANCELLATION >:, ':":'•'�.::' _r.'.. . . .":I.:. .. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: DENNIS COULTER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KXX"15;Y*Kx CITY OF HUNTINGTON BEACH "; MAIL 30-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LEFTWXYAyM+X{ �&l=)bWAY.N.XMW-X3 NAUXX fX HUNTINCTON REACH, CA. 92648 max-mnNrmmx ;q3+iYlLX"x3{rXr} x6*-fil#xkxx!x ' .R99AUTHORIZEO R P SENT X1.1 ♦ I s !'iJSEORD CORPORATION t99 I t ! I i UWC-SEACLIFF, L.P., a California limited partnership By: UWC Seacliff land Corporation, a California corporation Its General Partner By: nther, President i i 1 STATE OF CALIFORNIA ) COUNTY OF Los Angeles ) FOR NOTARY SEAL OR STAMP on September 30, 1992 before me, the undersigned,a Notary Public in and for said State,personally appeared William C. Slater, Jr. ,personally OFF7CIAL SEAL, known to me(or proved to me on the basis of satisfactory evidence)to be MAMA ESCOBAR the person who executed the within instrument as Attorney-in-Fact on ®� NOTARY PUBLIC-CALIFORNIA behalf of Pacific States Casualty Company,the corporation therein named, LOS ANGELES COUNTY and acknowledged to me that the corporation executed it. MY COMM.Expires Oct 17, 1994 WITNESS my hand and official seaL J 1 i Signature - 4 • • ` /. MONUMENT BOND Bond # 8580 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Seacliff Partners, A California General Partnership 14296 - Well as subdivider of Tract No. Island "B" in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a 'Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said 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 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 $ 3,500.00. - (Three Thousand Five 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 Seacliff Partners, A California General as Principal ..Partnership By: By: V.= Pacific Sta s C sualty Co pany a`s Surety. By: William C. Slater, Jr. , Attorney-i Fact - - - By: _ APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deput City Attoj:-n,&` I STATE OF CALIFORNIA ) s s COUNTY OF ORANGE ) On 19 before me _ a Notary Public, in and for said County and State, personally appeared _ and known to me to be the President and the Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires; STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and State, personally, appeared and known to me to be the President and the Secretary of ,the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public ri. My Commission cxpires: i POWER OF ATTORNEY OF PACIFIC � • � , - r NO 74586 STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of saidcorporation 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 ER EOF,PACI FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. PIES Cos& q pPO ATTEST PACI S S CASUALTY COMP1ANNY_ _° =u° A < Lt� vv LL FEB.1, O n A n 1982 ; trFOp11 ?a By * By Bruce E.MacKenzie Esther R.Lowy, ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIRO Signature — • NOTARY PUBLIC C•1110RN1♦ Notary Public PRINCIPAL OFFICE IN LOS ANGELES COUNT• M1 Commission LrtMrK Jura 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 Pt9.8 C4gG PACIFIC STATES CASUALTY COMPANY q O°pPoj? �A � r < 4 ? FEB.1, o O n9 1982 P D By �JPpp��*?a PSC-S-101 9/89 Esther R.Lowy, ecreta • BOND NUMBER • 8579 PRENTUM Included LAl R AND MA' ERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General (hereinafter artners p 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. 14296 - Well Island "B" , 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 Stun of Forty-Seven Thousand Two Hundred dollars ( $ 47,200.00 ) , 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 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 ��11 p(irsnns) companies and corporations entitled to file claims under Title 15 (co n.e Ev A� rU �RS�ection 3082) of Part 4 of Division 3 of GAIL HUTTON., City At+orne- By: Deputy C-ty Atto uni;.v i UWC-SEACLIFF, L.P., a California limited partnership By: UWC Seacliff land Corporation, a California corporation Its General Partner By: S D. unther, President I 1, STATE OF CALIFORNIA ) COUNTY OF Los Angeles ) FOR NOTARY SEAL OR STAMP On September 30, 1992 before me, the undersigned,a Notary Public in and for said State,personally appeared _ William C. Slater, Jr. ,personally OFFICIAL, SEAL known to me(or proved to me on the basis of satisfactory evidence) to be MARIA ESCOBAR the person who executed the within instrument as Attorney-in-Fact on NOTARY PUBLIC-CALIFOP MA behalf of Pacific States Casualty Company,the corporation therein named, LOS ANGELES COUNTY and acknowledged to me that the corporation executed it. fUly Comm.Expires Oct 17, IM WITNESS myh and official seal a Signature �C1 Labor and Material Bond Page 2 the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on September 30, , 1992 Seacliff Partners, A California General , . as Principal ar ner s ip By: By: F Pacific States Casualty Company as Surety Y� B William C. Slater, Jr. , Attorne in-Fact By: • STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On , 19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that ex- ecuted the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On .19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directos. Notary Public My Commission expires: ,4 • 110N 1)4)). 8579 i h Rl,-M]U M $914.00 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. 14296 - project Well Island "B" is hereby referred to and made.a part hereof; and Vi HtREAS, 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 Ninety-Four Thousand Four Hundred and N01100----- ------------------------------ - dollars ( $ 94,400.00 ) 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 asmigns, shall in all .things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and. save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall APPROVED AS TO FOR14- become null and void; otherwise it sharl>albJe apidjgcmain�t�or el force and effect. $y: Deputy City Attorney h \ UWC-SEACLIFF, L.P., a California limited partnership By: UWC Seacliff land Corporation, a California corporation Its General Partner By. S h n D. Gunther, President STATE OF CALIFORNIA ) COUNTY OF Los Angeles ) FOR NOTARY SEAL OR STAMP On September 30, 1992 before me, the undersigned,a Notary Public in and for said State,personally appeared j William C. Slater, Jr. ,personally OFRCIAL SEAL known to me(or proved to me on the basis of satisfactory evidence) to be MARIA ESCOBAR the person who executed the within instrument as Attorney-in-Fact on NOTARY PUBLIC-CALIFORNIA behalf of Pacific States Casualty Company,the corporation therein named, LOS ANGELES COUNTY and acknowledged to me that the corporation executed it. My Comm.Exp1m Oct 17, 19W WITNESS my hand and official seal. Signature 4 Faithful 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 i.n 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 doe-- hereby waive notice of any such change., extension of time, alteration or addition to .the terms of the agreement or -to the work or to the specifications. In witness'whereof, this instrument has .been duly executed by the • principal and surety above named, September 30, 19 92. Seacliff Partners, A California as Principal GeneraT Partnership By By Pacific St,4ep Casu ty/Cympany as Surety By William C. Slater, r. , A to ney-in- act By_ BOND NO..' 8579 The Premium for this Bond is: $944.00 STATE OF. CALIFOR* ) s s CO•UIv'TY OF ORANGE ) On 19 before me a Notary Public, in and for said County and Stag, personally appeared and known to me to be the President and the Secretary of the corporation that executed the within in- strument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA. ) ss COUNTY OF ORANGE ) On 19 before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that executed the within instrument, pursuant to its by-laws or a resolution of its Board of Lirectors. Notary•Public Ivfy Con'iniissiun POWER OF ATTORNEY OF '--- � N° '74584 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is In red Ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BYTHESE 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 WITN ESS WH 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. PEES CgBG PACT S S CASUALTY COMPANY V`brO0PPOpqi ATTEST LL FEB.1, O n A L' 1982 ; 46w� ,D By <,FOR1L *� By Bruce E.MacKenzie * Esther R.Lowy. ecreta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. �M • OFFICIAL SEAL ✓ /1 P-4 ELLEN H. OSHIRNI Signature / / • _ NOTARY PUBLIC CAI IEORNIA IF Notary Public PRINCIPAL OFFICE IN LOS ANGELES COUNT• (b.y Commissew LrnirK I.m 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 99. PACIFIC STATES CASUALTY COMPANY PSgB C48`SPOR 9(a U 00 LL Z FEB.1, C O 6 n 1982 i By Polk *'rau PSC-S-101 9/89 Esther R.Lowy, ecreta CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 19, 1993 Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, March 15, 1993 , approved the Subdivision Agreement for Tract No. 14296 . We are enclosing herewith a duly executed copy for your files. Sincerely, v�i`t�GG� Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227) 11 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14296 THIS AGREEMENT is entered into this 15th day of March 1993., 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. 14296; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform- said work as herein provided; and to execute and -deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, 10/6/92 :PDA —1— as required by Sections 66499 and 66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows : 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of. domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes . All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 10/'6/92-:PDA -2- 2 . ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation .as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Ninety-four Thousand Four Hundred and no/100 Dollars, ($94,400 . 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 liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) , combined •single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . 10/6/92 :PDA -5- SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of. each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate. from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 10/6/92 ;PDA -6- 9 . ENTIRETY This agreement contains the entire agreement between the parties . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: SEACLIFF PARTNERS a California General Partnership- By: UWC Seacliff, L.P. .� a California limited partnership Mayor General Partner ATTEST By: UWC Seacliff Land Corp. a California corporation City Clerk General Partner APPROVED AS. TO FORM: By: S en unther City Attorney Its : ab -rY ib 6-qz :By: lenn Cardoso s: P By: PACIFIC COAST HOMES, INC. a California corporation General Partne� BY: C. R. Rice Its : By:- Lvu J.J11 op its : V WED^AND-APP E INITI tTEDAND VE City Administrator Director o Public Works 10/6/92 :PDA -7-