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HomeMy WebLinkAboutFinal Tract Map No. 14647 S/E Corner Palm Avenue & Seapointe Recording requested by, and when recorded return to: �" cal ifornia county of orange, IRecoraeo in the Clerk/Recorder Connie Brockway, City Clerk Gary IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee Office of the City Clerk IIIIIIIIIIIIIIIIIIIII 19980698286 04;30ph1 10/15/98 CITY OF HUNTINGTON BEACH P.O. Box 190- 2000 Main Street 005 2601 5811 26 64 Huntington Beach,Ca. 92648 SO4 1 6.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on May 6, 1996, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A),the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City � of Huntington Beach, as described on Final Map No. 14647. Public improvements constructed consist of the domestic water sysytem and appurtenances. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Seca 6103 and should be recorded CITY OF HUNTINGTON BEACH free of charge. PF by: City Engineer Me- APPROVED AS TO FORM: �rCity Attorney 31878 Tax-Exempt-Government Agency CITY OF I-11.INTINGTON BEACH Connie-Brockway,City Clerk BY Deputy Cit�Cle Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6th day of May, 1996. Witness my hand and seal of the said City of Huntington Beach this the 10th day of May, 1996. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of.the City of Huntington Beach, California B Deputy City Clerk Council/Agency Meeting Held: 5� Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Si nature Council Meeting Date: May 6, 1996 Department ID Number: PW96-022 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator � PREPARED BYLESMI� M. JONES II, Director of Public Works SUBJECT: NOTICE OF COMPLETION; TRACT NO. 14647 Fstaternent of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Enviro i ntal Status,Attachment( Statement of Issue: Seacliff Partners has completed all required public improvements for Tract No. 14647 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14647; and, 2. Release bond No's. 8691 and 8692; the securities furnished for faithful performance, labor and material and monuments respectively; and, 3. Accept Guarantee and Warranty Bond No. 8691-W; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. R16UEST FOR COUNCIL ACTIN MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: PW96-022 Analysis: On May 17, 1993, the City Council approved Final Map No. 14647, and accepted bonds, the securities' furnished for faithful performance, labor and material, and monument. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds pursuant to Calif. Government Code Section 66499.7. The 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. 8691-W 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: Southeast corner of Palm Ave. & Seapointe Ave. Lots: 19 Acreage: 3.123 Zone: R3-17-0-CZ 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). Attachment(s): City Clerk's. Page Number .... _... .... .................. .......... . .................... ..... ....._. .. ..................... ................_. ....................... ..... ............................... ... ....................._....................... 1 Location Map p 2 Guarantee and Warranty Bond No. 8691-W LMJ:BPC I 0018137.01 -2- 04/11/96 9:04 AM U mew W lD W z pq Q z TR 14647 r o o z S\ � z z = -o U O U Q O 9 Oq y�c 0 NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR 14647 ,Sox 2,7,3 City of Hunting-ton Beach = P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER January 3, 2000 CERTIFIED JVAIL Seacliff Partners 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 To Whom It May Concern: This is to infornl you the City Council of the City of Huntington Beach, on May 6, 1996, approved the release of the following bond: Tract# 14647 Faithful Performance Bond No. 8691 Labor&Material Bond No. 8691 Monument Bond No. 8692 ' 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 copy of the City Council Action, approving the release of the above-referenced bonds. If you have any questions regarding this matter,please contact me at (714) 536-5200. Sincerely, Shari L. reidenrich, CPA, CCMT City Treasurer Q Enclosures CD cc: Bob Beardsley, Director of Public Works no attachments )r'=` Commie Brockway, City Clerk (no attactu ents) ) o 99 T j N b G"•.Denine'Shari`•.Letters•t3ondtt$3 *OVtD AS TO FORDO: • GAIL HUTTOl'i y Attorney By:. Deput i ttorney EXECUTE IN DUPLICATE BOND NO. 8691-w PREMIUM. Included POWER NUMBER. GUARANTEE AND WARRANTY BOND WHEREAS, SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, as a Principal, and Ulico Casualty Company , a corporation organized under the laws of the State of Delawaie and duly authorized under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of TEN THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($ 10,600.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, our and each of our heirs, 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 NUMBER 14647, PHASE 1 SURFCR EST i WHEREAS, said contract provides that. the Principal will fLrnish 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 form an after date of completion of work and acceptance thereof by Obligee. MCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 5, 1998 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, California 92702 Enclosed please find the Acceptance of Public Improvements for Tract No. 14647 to be recorded and returned to the City of Huntington Beach, Office of the City- Clerk, 2000 Main Street, Huntington Beach, California 92648. Please return a conformed copy of the Acceptance of Public Improvements when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures: Acceptance of Public Improvements for Tract No. 14647 CB:cc (Telephone:714-536-5227) Recording requested by, and when recorded return to: Connie Brockway, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190 - 2000 Main Street Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on May 6, 1996, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 14647. Public improvements constructed consist of the domestic water sysytem and appurtenances. This document is solely for the official business of the City of Huntington Beach, as contern- plated under Government Code CITY OF HUNTINGTON BEACH Sac. 6103 and should be recorded fj ee of charge. 1A9:g-L- Z2!:,a by: City Engineer b1� APPROVED AS TO FORM: /9s G-r-City Attorney 31878 Tax-Exempt-Govemment Agency CITY OF HUNTINGTON BEACH Connie Brockway,City Clerk BY Deputy City Clerk STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, May 6, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- (Items Approved) On motion by Dettloff, second Green, the following 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) Notice of Completion -Approved -Tract No. 14647 - Seacliff Partners - SE Corner of Palm & Seapoint Avenues - (1) Accepted the improvements constructed and dedicated for public use within Tract No. 14647; and, (2) Released Bond No's. 8891 and 8692; the securities furnished for faithful performance, labor and material and monuments respectively; and, (3) Accepted Guarantee and Warranty Bond No. 8691-W; 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 of this action Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6th day of May, 1996. Witness my hand and seal of the said City of Huntington Beach this the 10th day of May, 1996. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy City Clerk Council/Agency Meeting Held: > Deferred/Continued to: s, � ✓% �wL,_ C�Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 6, 1996 Department ID Number: PW96-022 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BYLESMI� M. JONES II, Director of Public Works SUBJECT: NOTICE OF COMPLETION; TRACT NO. 14647 F atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Enviro ntal Status,Attachment( J7" Statement of Issue: Seacliff Partners has completed all required public improvements for Tract No. 14647 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14647; and, 2. Release bond No's. 8691 and 8692; the securities furnished for faithful performance, labor and material and monuments respectively; and, 3. Accept Guarantee and Warranty Bond No. 8691-W; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. RtQUEST FOR COUNCIL ACTIL.. MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: PW96-022 Analysis: On May 17, 1993, the City Council approved Final Map No. 14647, and accepted bonds, the securities furnished for faithful performance, labor and material, and monument. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds pursuant to Calif. Government Code Section 66499.7. The 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. 8691-W 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: Southeast corner of Palm Ave. & Seapointe Ave. Lots: 19 Acreage: 3.123 Zone: R3-17-0-CZ 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). Attachnient(s): NumberCity Clerk's Page_. .... _ ...._ . ._ _ .. ...._ .... ....._. .__...._....... _. ._........... ... 1 Location Map 2 Guarantee and Warranty Bond No. 8691-W LMJ:BPC 0018137.01 -2- 04/11/96 9:04 AM L.J W � W z � Q z TR 14647 ry o o �- � � z o � � U O I- H U P 0 09 _ yf� a 9� o NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP J. �It4 CITY OF HUNTINGTON BEACH DEPARTMENT OFF PUBLIC WORKS TR_14647 STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, May 6, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- (Items Approved) On motion by Dettloff, second Green, the following 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) Notice of Completion -Approved - Tract No. 14647 - Seacliff Partners - SE Corner of Palm & Seapoint Avenues - (1) Accepted the improvements constructed and dedicated for public use within Tract No. 14647; and, (2) Released Bond No's. 8891 and 8692; the securities furnished for faithful performance, labor and material and monuments respectively; and, (3) Accepted Guarantee and Warranty Bond No. 8691-W; 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 of this action RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Notice of Completion - Tract No. 14647 COUNCIL MEETING DATE: I May 6, 1996 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomeyj Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne ) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Attached (Explain- Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED. Administrative Staff Assistant City Administrator Initial Gv� City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM . . . Only) I have received the Guarantee and Warantee Bond for Tract No..14647. (Release Bond No's. 8691 and 8692; the securities furnished for faithful performance, labor and material and monuments respectively.) Seacliff Partners 520 Broadway, Ste. 100 Santa Monica, CA 90401 Dated By: • APP11OV D hS TO FORId: • GLIL IIUTTON, �y Attorney By:. Doput i ttorney it1 EXECUTE IN DUPLICATE BOND NO: 8691-W PREMIUM. Included POWER NUMBER. GUARANTEE AND WARRANTY BOND WHEREAS, SEACLIFF PARTNERS, A CALIFORNIA GENERAL i PARTNERSHIP, as a Principal, and = Ulico Casualty Company ,a corporation organized under the laws of the State of Delawaie and duly authorized under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of TEN THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($ 10,600.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, our and each of our heirs, 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 NUMBER 14647, PHASE 1 SURFCREST WHEREAS, said contract provides that the Principal will fLrnish 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 form an after date of completion of work and acceptance thereof by Obligee. SIGNED this 18th day of October 19 95' Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Stephen D. Gunther President u Q Casualty Comanv as Surety By: Arno-Hahn By: Attorney-in-raft BOND NO. 8691-W Included The Premium for this Bond is: • ULICO • CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington,DC 20001 POWER OF ATTORNEY USA 0084 i ' Snow AU Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Office be,and hereby is,authorized to execute Powers-of-Attorney, qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation 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 and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed in facsimile and sealed under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Edward K. Marshman and Arno Hahn of Ulico Standard of America Casualty Company of Chino, in the state of California, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED TWO MILLION($2,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief i Executive Officer and its Corporate seal to be affixed this 21 st day of April, 1994. Ulico Casualty Company i A O C' fi District of Columbia ss: � SEAL 0F�'979 W. ert A.Georgme,Cha' d Chief Executive Officer On this 21st day of April 1994,before the subscriber,a Notary Public of the trict of Columbia,duly co ssioned and qualified,came Robert . A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. NOTARY By: PUBLIC Notary Public 'ssion Expires; 9 O CERTIFICATION I,Joseph A. Carabillo,Assistant Secretary of Ulico Casualty Company of Dover,Delaware,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation this 18th day of October 19 95 O R pPO4 MV V l SEAL By: w� ° 1970 ose h A.Carabillo,Assistant Secretary This Power of Attorney is.void unless the seal is readable,the text is in black ink,the signatures are in black ink,and this notice is in red ink. USA-202-POA(3/94) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On October 24, 1995,before me,Fay D.Mathews,Notary Public,personally appeared STEPHEN D.GUNTHER, personally known to me( to be the person(s)whose name(s)®are subscribed to the within instrument and acknowledged to me that6;Me/they executed the same ini&ier/their authorized capacity(ies),and that by(S)her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. FAY D.MATHEWS WITNESS my hand d official seal. a :.�ti. COMM.#1015930 z ?' Nofary Public—Colifomia ' LOS ANGELES COUNT MY Comm.Expires FEB 2.1998 Sign pturof Notary (This area for official notary seal.) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ���-�F^—�i DATE OF DOCUMENT '/? 9 NUMBER OF PAGES o2 NTRYACKI.DOC CALIFORNIA . ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO - ) On 10-18-95 before me, Cherie Mahtesian, Notary Public, personally appeared, Arno Hahn personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name0o dapa subscribed to the within instrument and acknowledged to me that eQkth;-y executed the same in g /t} dr authorized capacityj, and that by(&fta/t*ir signature( on the instrument the person(', or the entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal. 010 Cherie Mahtesian Comm.#1043916 CNOTARY PUBLIC-CALIFORNIq� GSAN BERNARDINO COUNTY(] Comm Expires Oct 30.7998 (SEAL) NOTXRV PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT 1� Q&J DATE OF DOCUMENT 10-I K-q \ NUMBER OF PAGES i SIGNER(S) OTHER THAN NAMED ABOVE ly�il I NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 14(p 4-] PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ NO OTHER: .2S /rG*9�> D(DIGPcTr-,D A • JJ�Opy for: \ \, Howard Zelefsky Planning Director (releases/doe;jm) ;, Ie CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 18, 1993 First American Title Insurance & Trust 114 E. 5th Street Santa Ana, California 92701 Attention: Subdivision Officer Regarding: Tract Map No. 14647 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. Sincerely, Connie Brockway City Clerk CB:MJ Enclosure -Renee - V`i` Dated: 1495K/1520K (Telephone:714536-5227) / t r REQUE FOR CITY COUNCI ACTION g May 17, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator C Prepared by: Michael Adams, Director, Community Developme Subject: FINAL TRACT MAP 14647 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL Consistent with Council Policy? W Yes [ ] New Policy or Exceptio Statement of Issue, Recommendation,Analysis, Funding Source, Alternative 4ctinall&aac T STATEMENT OF ISSUE• The final map of Tract No. 14647 (Phase I of Tentative Tract 14134, "Surfcrest South") , located on the southeast corner of the intersection of Palm Avenue and Seapointe Avenue, is being submitted to the City Council for approval. RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14647 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. 14647 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission. Requirements : 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2 . The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a . Faithful Performance Bond No. 8691 ,9 b. Labor and Material Bond No. 8691 c. Guarantee and Warranty Bond No. 8691-W b� e� d. Monument Bond No. 8692 eteJ 1 0- P10 5185 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. 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: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Southeast corner of intersection of Palm Avenue and Seapointe Avenue ACREAGE: 3 . 123 AC LOTS: 24 (5 lettered lots) NO. OF UNITS: 19 ZONE: R3-17-0-CZ GENERAL PLAN: High Density Residential DISCUSSION• On July 10, 1990, the Planning Commission approved Tentative Tract Map No. 14134, a 115 townhome subdivision for Surfcrest South. A one (1) year extension of time was granted by the Planning Commission on July 7, 1992 for Tentative Tract Map No. 14134, Conditional Use Permit No. 89-62 and Coastal Development Permit No. 89-39 . Final Tract Map No. 14647 represents Phase I (19 townhomes of the 115) of the Surfcrest South project . The applicant/property owner has satisfied the park dedication requirement with the dedication of .25 acres within the Linear Park. RCA -2- (6695d) The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being in conformance with the tentative map as filed with, amended and approved by the Planning Commission. ENVIRONMENTAL STATUS: This action to accept Final Map No. 14647 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On July 10, 1990, the Planning Commission approved Negative Declaration No. 89-52 for the project itself . FUNDING SOURCE: Not applicable. ATTACHMENTS: 1. Area map 2 . Tentative Tract Map No. 14134 3 . Tentative Tract Map No. 14134 Findings and Conditions of Approval 4 . Subdivision Agreement 5 . Monument Bond 6 . Faithful Performance Bond 7. Guarantee and Warranty Bond 8. Labor and Material Bond MTU:MA:WC: lp RCA -3- (6695d) Y i .44 xual`.rt ,0�9�-. .u9eY.- ai: �iP9KBROPS 49 r '1 -0-CZ t:; Sit $; 10 ,� �;•• ",'�R�iPD-O-Cad A 3 FT 14647 H HUNTINGTON BFACH HUNTINGTON BEACH PLANNING DIVISION TENTATIVE ' TRACT NO. 14134 - IN THE CITY OF HUNTINGTON BEACH, f _- ��' COUNTY OF ORANGE. STATE OF CALIFORNIA ` 1 )'k n rui:G.wr. trn.a n•i `�TENT. M. AC•NG. :a 1 ba - ,. W /(U ?u.rr:iT�+i•rwrsttre•sG:� nntr..�•:.-inn�tvvnn v rx[� P ' � � i �—_-..-� � ���+.+ •�I .l• TR4 10068 1 Ill . ' IQ' - Y/ ! • �� /J•f 2(' ,i � �-1. `-��•t•' � •p xrrat tc¢ss,rwc: 'a.:�.-:•.etu.w9scYt 1 .,� si.: i rl I r e '" '•• s_ .x;�:..r e, �_- .. � .navx•.r.:ia .a.. L��- ss.v, .-x a arc- r.,• -L c—[ c:.wxc•.- I� �•i� �� �t �.—__ �,' �"irr��. �._. �1.11/ �.j% .ay. r•.r a.- • i � , . '/s�--� P�`•Y .° /`'' cor b' �1--- S <� ' �iPa .' w xs�u�` n. .�•�.s.:r � r - _ I � '� � l ti. .V •) / mrna+c :n!...v�a:•T-:o..r w cu-ro... 1! ,' Z � .. � rs j-t• �. � __o_ � ,re �p � 'a :�/ ma,Gro:a.x c :•- 'iy % _ __� ( / +— Lor � � r ry��A vZ,- _�� h Z � \J, f• � ,(. '1'./' , f, cor a- %t U <J ' �1 >a 1 i• �r,y i rn4 0. •/' :a> Lt•ti/' —u —.— _.--- _. ... r i'' f✓ � r_" �j; sf � rs � •�, P ,ti, ... ---''--�—•: - .. _�.._ S •r_ ..a's : to 10 r I t �• �� 'Z ac. . 1k� -- W r,�, . _�.. ,..; M S 4 't nq�M AVEK J� _. - , IMG1 H •..,.-•r • a IarGR�t[_ s•��ZfF+¢ I T / f . G , Lr III� I •: 'i,. � JI is LJ 1 - re ;I11' I 1• �� Jo i•b�Y !f t,G.a M` r. �r '_ftlV .. II� I, r } /1.•7/• �3� a trcan o.ru ,IC st �! t..mrrG rnur pow I I' i rt-1 Jt SL• 1S / /. Erse•uw ar*ar nrtlt x[r i .t t mnmcmr trcw.n .u,t n .• ,� ��.�_�er?��/ -....:. I I; M 'v n N:°rm'ranrn'...,.n. •.:�io•..acc.2 • ,: l-r/ � �' 9 ,,. .».,".n.....tn[r a ..:.�... :.-,,:: l »rr.,rewc•.u reisr o�ar.. r-:. "`..,`•"'m' TENTATIVE '__"• - ''•s:..r•.t,.r.. .. . .,. ALDEN k �• ~�~� ��.s.•t� SBeT/oN p.-/a TyP/CAL LOT CONF/GURAT/ON ,SSOCIeiES TRACT N0. 14134 I' r...,:T. i-at•r I�' scut.r.w fellr-•wtet:..: .o..... �..r . . ,.,^,`..+.►:« .,.a t... _'. PACIFIC COAST HOMES AUNTINGTON BEACH. CA.; i I" , r ,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 20, 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, May 17, 1993, approved the Subdivision Agreement for Tract No. 14647. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure 1539K/1540K (Telephone:714-536.5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14647 THIS AGREEMENT is entered into this 17th day of May , 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. 14647; 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 000 :2/93 :AJFk 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. 000:2/93 :AJFk 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. 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 Three Hundred Forty Eight Thousand Six Hundred and no/100 Dollars, ($348, 600) 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. 462 :2/93 :AJFk 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. 000 :2/93 :AJFk 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. 000 :2/93 :AJFk 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. 000 :2/93 :AJFk 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, w,._....,,,.... ...._._,.•>, . 4��:., - _..-_ ..:,, :;;..a .<,,.�_.., a California General Partnership Mayor By: UWC-Seacliff, L.P. , a California Limited Partnership Its General Partner By: UWC Seacliff Land Corporation a California Corporation Its General Partner By Stev n her, President By enn Cardosoe.Vice President By Pacific Coast Homes a California Corporation Its en r Partner By f.al ohnso esident B C. R. Rice, Vice-President ATTEST: APPROVED AS TO FORM: City Cie'rk y�city rney JREVEWED AND PROVED• INITIA ED AND A ROVED: Cl ini rator Director o Public Works 000 :2/93 :AJFk 7 A0101!i0. CERTIFICAT F INSURANCE 65$UA t,M���, •fis a•.Y V :1.C.� 'l PRO,bucca THIS CERTIFICATE IS ISSUED A ATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDL'IN & ASSOC. INS. AGENCY,Il @QES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE HALLMARK ASSOCIATES INS. SERVI LICIES BELOW. P. ' 01 BOX 769 COMPANIES AFFORDING COVERAGE DOWNY, CA. 90241 I ' COMPANY I LETTER L SAFECO INSURANCE .-i . .. - ._ . .................._....._..__.__.—._.._. :....... ..,,M..., COMPANY 9 INSURANCE COMPANY OF THE STATE OF INiU6e0SEACLIFF PARTNERS, . A JOINT VEN LETTER I..—.,....:,.:,�.,.v..,_-PENNSYLVANIA,...,.....,_._—_,._......-._._.._..__........w..........._..,. . - TURF OF PACIFIC COAST HOMES AND COMPANY I LETTER C URBAN WEST COMMUNITIES 1 RELIANCE INSURANCE _ . ......----- ............... . 526 ROADWAY, 'SUITE 100 ' CCOMPANv SANTA MONICA, CA. 90401 LETTER !......... ...........,..,......,..,.,.:........_................. .:..._.__...__.;_......... ......�..._._..._......._.......... .. ,., j COMPANY E { LETTER COVERA4 S 1 �1. - .�: ,. .W. r.•l,.., y.> .t :f;w. ,..1!: ...•THISati.::,... IS 1'O C�RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 9NOICAT 0,NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFI ATE'MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, hXULUSIUNS'ANU UUNUIIIUNS UP'SUUM YULIUIt,•LIMI I51:iMUWN MAY t7AVt dttry rituUL,tU nT rAIU LLAIM3. CO f ypE bF INSURANCE 'OLICY NUMBER (POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR ) +DATE(MM/DD/YY) DATE(MIWDD/YY) GENERAL LIABILITY GENERAL AGGREGATE 1 2 O O O O O O �X COMMEAdIAL GENERAL LIABILITY • ;PRODUCTS•COMPIOP AGO. 1 i 0 0.0. O O O A tCLAIMS MADE XX OCCUR. CP 806213 04-01-93 '04-01-94 .PER ONAL&ADV.INJURY_ 1 1 ,000,.000 OWNCR'S A CONTRACTOR'S PROT.. EACH OCCURRENCE — i 1,0 0 0 ,O O O y one fire) :FIRE DAMAGE(An 1 S Q O O 0 MED.EXPENSE(My am person) $ - 51000 AUTOM0111LE LIABILITY + COMBINED SINGLE ANY AUTO :LIMIT 1 ALL -APPROVED AS TO FORM: j ......._,_.,...._.. ... ... .. .. . ........_.... . . .. ....... i nTT r!_ I . ^'� 1r '6001LY INJURY j BLfHEDULL AUTOS GAIL HUTT- �L i (Per person) HIRER AU403 By. Do ! BODILY INJURY iy N61%1-0WN 0 AUTOS ; (Par Wldenl) i .. .. I GARAGE ABILITY 621 ! •f PROPERTY DAMAGE 1 OXCES8 LIABILIYY + .../// EACH OCCURRENCE Is 1 Ql_........._...O O O.I.0 0 B XXUmehelJFORM ! 4292-66 :04-01-93. 04-01-94 AGGREGATE :$ 10.,.000,0.0 OTH6 THAN UMBRELLA FORA( LL STATUTORY LIMITS WbRI(ER•i COMPENSATION n _._._.._.........,,M•:,...............^_....__.....,; __ .'._,. .. A Anw Wr Rftfi?,1 � � ,04-3A-92 49-3O-9t11 :EACH A.CCIDENT 'E 1,000,00 OOO O lI f I DISEASE—POLICY LIMIT = 1 EMPLOY ERS'LIABILITY (� ;...,..............__._......•._. .............___...,.,. .0 0,.0 0 0... DISEASE—EACH EMPLOYEE i OTHER C 13UILDERS RISK—SPEC— -32 — _ — $7,500,000 . I,MT OF INS. IAL 'OFfM-ALI, RISK— QM 4 88'fri �1-01 q6;;01 O1 94 $5,000. DEDUCTIBLE hEPLACgMENT VALUA— " I I bandhiAw OF OOERATIONSILOCA�IONSIVEHICLESISPE ITEMS I�11ESPECT // 'CERTIFICATE HOLDER NAME AS ADDITIONAL R4t� ITH ESPECT TO LIABILITY •ARISING. OUT OF INSURED 'S OPERATIONS, WITH TO ANY PROJECT OF EACLIFF PARTNERS . CERTIFICATE HOLDER -.•.::.' . ��:. °':•-;`• ��. CANCELLATION +•- I .. i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: DENNIS COULTER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL CITY OF HUNTINGTON BEACH MAIL IQ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LEFTWXX*Xi MKKX464fiX MXXXXX HUNTINCTON REACH, CA. .' 92648 ��1KXnXrXc�dl�€Sd�dit?� 7� DfXX<Xr �tA M�fI�rX}f AUTHORI2E0 R P SENT T E f) F ACORd 2S S (7/90) �' 1 ;: ; r: s:,. : ORD COAP,ORATIO 1990,' r;4 �{C N 1 • �J Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 13 , 1990 Surfcrest Partners 520 Broadway, Suite #100 Santa monica, CA 90401 SUBJECT: CONDITIONAL USE PERMIT NO. 89-62 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 REQUEST: Construct 115 three-story townhomes in the Coastal Zone with special permits for: 1) relief from one-third of the units less than three-story; 2) reduction of access width; 3) relief from 4-foot offset; 4) encroachment of fences and patios into front setback area; 5) relief from 20-foot setback from drive aisle; 6) relief from 5 foot garage setback from drive aisle; 7) 28 feet in lieu of 30 feet rear to rear setback. LOCATION: Southwest of the intersection of Palm Avenue and Seapoint Avenue DATE OF APPROVAL: July 10, 1990 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-39 : 1. The proposed 115 townhome development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2 . Coastal Development Permit No. 89-39 is consistent with the Coastal Zone suffix, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . At the time of occupancy, the proposed 115 townhome development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4 . The proposed 115 townhome development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act . . t CONDITIONAL USE PERr.iT NO. 89-62 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Two FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-62 : 1 . The location, site layout, and design of the proposed 115 townhome development properly adapts the proposed structures to streets , driveways , and other adjacent structures and uses in a harmonious manner . 2 . The proposed 115 townhome development is compatible with surrounding properties in terms of density, architecture and orientation. 3 . The access to and parking for the proposed 115 townhome development does not create an undue traffic problem. 4 . The planned residential development for 115 townhomes conforms to the provisions contained in Article 915 except for the Special Permit requests . 5 . Conditional Use Permit No . `89-62 for 115 townhomes is consistent with the goals and objectives of the City' s General Plan and Land Use Map designation. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1 . The following special permits promote a better living environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area: a . Relief from one-third of units less than three-story. b. Reduction of access width. c. Relief from 4 foot building offset. d. Relief from 20 foot setback from drive aisle. e. Reduction of rear to rear setback from 30 to .28 feet. f . Permit security fence in front setback area. 2 . The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . 1 CONDITIONAL USE PE•T NO. 89-62 WITH SPECIAL•'RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Three 3 . The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . 4 . The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain and compatible with the surrounding environment . FINDINGS FOR APPROVAL - TENTATIVE TRACT N0, 14134 : 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 115 townhomes are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of High Density Residential and R3 (17)-O-CZ (17 units per gross acre) zoning were implemented. 3 . The site is relatively flat and physically suitable for the proposed density of 11. 6 units per gross acre. 4 . Tentative Tract No. 14134 for 115 townhomes is consistent with the goals and policies of the Huntington Beach Coast Element of the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 89-62 : 1. The site plan, floor plans and elevations received and dated April 24, 1990, shall be the conceptually approved layout with the following modifications : a. Provide standard 9 foot x 9 foot size for all open parking spaces . b. Provide automatic roll-up doors on all garages . C. Security fence along Palm Avenue and Seapoint Avenue shall be architecturally compatible and similar to existing security fence which surrounds the Seacliff project. 1 CONDITIONAL USE PE T NO. 89-62 WITH SPECIAL •RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Four 2 . Prior to submittal for building permits, the applicant/owner shall complete the following : a . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director . C. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. All windows in the 2nd and 3rd floor rooms exposed to the oil wells will be required to have an Exterior Wall Noise Rating (EWNR) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations . Any window that meets the EWNER 25 or the STC 27 may be used. CONDITIONAL USE PJ@ T NO. 89-62 WITH SPEC IAARMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Five f . Elevations shall depict colors and building materials proposed. g. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors . If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . i . A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical, methane and fill properties, foundations, retaining walls, streets, and utilities . .. In addition, foundations and utility installations should be designed to withstand possible minor differential settlement, caused by subsidence, without damage. Approporate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project . j . An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist ' s report . Calculations for footings and structural- members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits . k. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City' s Department of Public Works . A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. Drainage from the site shall connect with the City' s storm drain system. No storm water drainage shall drain to the linear park site. The following measures shall be implemented: —iT N 8 - 2 WITH • TENTATIVE CONDITIONAL USE PER O. 9 6 TH SPECIAL � RMITS/ T NTAT E TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Six (1) The drainage system shall be designed and constructed to prevent increased runoff from entering wetlands . (2) Catch basins shall be designed to remove all large floating material through the use of drainage screens . ' Catch Basins will also be designed with a shelf to prevent sediment from entering storm drains . (3) Sedimentation/infiltration basins and improvement of the existing drainage channel will prevent further siltation of Bolsa Chica wetlands . 1 . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. M. The Project design be compatible with the architectural styles used in the adjoining Seacliff IV development and any major revision to the elevations shall be subject to Design Review Board approval . 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. (1) The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . (2) The landscape plans shall be in conformance with Article 960 and 915 - Planned Residential Standards of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project ' s landscape plan. CONDITIONAL USE PE•T NO. 89-62 WITH SPECIAL •RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Seven (3) A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval . Native bluff plant materials shall be utilized in the landscaping of the site where feasible. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. All applicable Public Works fees shall be paid. f . Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development . g. An Affordable Housing Agreement to provide on-site affordable housing shall be submitted for review and .. approval by the Community Development Department and City Attorney and recorded with County Recorder ' s Office. The Agreement shall provide for minimum 20 percent of the housing units (23 units) on-site, or the equivalent number off-site within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government Code. The Agreement shall be for assured affordability for the life of the project . h. Perimeter fencing plans for review and approval which depict decorative materials . i . The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. 4 . Fire Department Requirements are as follows : a. Automatic sprinkler systems shall be installed throughout the project to comply with Huntington Beach Fire Department and Uniform Building Code Standards . Shop drawings shall be submitted to and approved by the Fire Department prior to installation. CONDITIONAL USE PER _.LT NO. 89-62 WITH SPECIAL c-RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Eight b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards . Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following : (1) Water flow, valve tamper and trouble detection (2) 24 hour supervision (3) Smoke Detectors (4) Annunciation (5) Audible Alarms C. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards . d. Fire hydrants shall be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. Number and placement to be determined by the Fire Department . e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No . 415 . f . Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403 . g. Address numbers will be installed to comply with Huntington Beach Fire Code Standards . The size of the numbers will be the following : (1) The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches . (2) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. h. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards . i . Dimensions for Fire Access . Includes 24 ' or 27 ' fire lanes, turnarounds and 17 ' by 45 ' radius turns . Attached is Huntington Beach Fire Department Standard No. 401. CONDITIONAL USE PE•T NO. 89-62 WITH SPECIAL•.RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Nine j . Street Names . Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409 . k. Submit to the Fire Department for approval a Fire Protection Plah containing requirements of Fire Department Specification #425 . 1 . Provide a temporary fire station at the south end of Springdale or other location in the area as approved by the Fire Chief, prior to commencing combustible construction. M. Provide temporary paved roads for Fire Department access from temporary fire station to construction site. n. Participate in a funding mechanism for permanent fire station to be located on the cross gap connector. Temporary fire station costs as approved by the Fire Chief to be credited to the developer toward the costs of the permanent fire station. o. Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met . as required by Article 15 of the Huntington Beach Ordinance Code. Any abandonment of existing wells must be to current standards as well . p. All oil facilities within the boundaries of the development which are to be removed and abandoned, reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas . Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems for the common areas adjacent to a building shall be completed prior to occupancy of the building . 8 . There shall be no outside storage of vehicles, vehicle parts, equipment or trailers . CONDITIONAL USE PERl-__r NO. 89-62 WITH SPECIAL 1._RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Ten 9 . During construction, the applicant shall : a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d. Discontinue construction during second stage smog alerts . e. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. 10 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 11. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 12 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 13 . Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 14 . A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading . 15 . If no cultural material are observed, no further mitigation of cultural resources shall be required. A written report shall be submitted to the City by the archaeologist . 16 . If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action. CONDITIONAL USE PER,.-.LT NO. 89-62 WITH SPECIAL L-RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Eleven 17 . Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 18 . Should 'any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097 . 98 and 5097 . 99 of the Public Resources Code relative to Native American Remains . Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297 . 1 CONDITIONS OF APPROVAL - TENTATIVE TRACT 14134 : 1 . The tentative tract map received and dated April 24 , 1990, shall be the approved layout . 2 . The applicant/property owner shall be responsible for dedicating land on-site for the proposed Linear Park at the time the final map is accepted by City Council or issuance of building permits, whichever occurs first . 3 . Public Works requirements are as follows : a. Prior to approval of the tentative maps, the security gate configurations shall be approved by the Public Works Department. Stacking, gates, booths, telephone location, etc. shall all be shown in detail . b. Developer shall participate in the proposed traffic impact fee program. c. Developer shall construct full street improvements for Seapoint Avenue within the tract boundary, including the installation of signal conduits at the intersection of Palm and Seapoint. The improvement plans shall reflect only one median opening on Seapoint (the westernmost) for project access . d. Developer shall be responsible for the following off-site traffic and street improvements: (1) Construction of Seapoint Avenue between the tract boundary and Pacific Coast Highway. CONDITIONAL USE PERi_.LT NO. 89-62 WITH SPECIAL i ._,RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Twelve (2) Installation of traffic signal system at Seapoint and Pacific Coast Highway. (3) Installation of traffic signal system at Seapoint and Palm Avenue. (4) Public access from existing Seapoint Avenue to Garfield Avenue or Edwards Street . e. Developer shall prepare and submit improvement plans for the above (No . 3d) off-site street and traffic improvements for approval by the Public. Works Department. City shall be responsible for acquisition of any required right-of-way not owned by the Huntington Beach Company and shall reimburse developer for non-project share of off-site improvement costs per the proposed traffic impact fee ordinance. Developer shall obtain street easement for off-site construction from Huntington Beach Company. f . Prior to issuance of building permits, all necessary governmental permits, other agency approvals and right of way dedication shall be obtained. Construction of above (No . 3d) shall commence within 30 days of receiving City approved improved improvement plans and shall be completed prior to final inspection of the first dwelling unit. g. Hydrology/hydraulic studies shall be submitted. h. Grading plans and soils report shall be submitted. i . Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements . j . On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. k. A sewer study shall be submitted for Public Works Department approval . The developer shall design and construct the on-site and off-site sewer system required to serve the development . CONDITIONAL USE PERi__T NO. 89-62 WITH SPECIAL L_RMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Thirteen 1 . Parkway .landscaping within the public right-of-way of Palm and Seapoint shall be installed by the developer and maintained by the developer and/or a homeowners association(s) in accordance with a parkway license and maintenance agreement(s) for each tract . M. The median in Seapoint Street shall be constructed and landscaped by the developer . Developer shall maintain median landscaping until the street improvements are approved for final inspection. n. All walls shall be located on private property. o. Tract entrance medians shall not protrude into public right-of-way. p. A sewer main shall be stubbed out at Palm and Seapoint to serve the Bolsa Chica Linear Park. q. Developer shall incorporate into landscape plans the use of "drought tolerant" plants and turf and native bluff plants where feasible. Plan must be approved- by Department of Public Works. r. Developer shall submit for approval by the Department of Public Works water improvements plans showing connections to all dwellings . s . Developer shall submit for approval the hydraulic calculations to verify water system adequacy. t. Developer shall design plans and construct a reclaimed water system (Green Acres Project) for all common areas per City requirements . U. Developer will be responsible for payment of any applicable fees adopted in the "upcoming" Water Division Financial Master Plan. V. Low-volume fixture heads shall be used in the design of the potable system for each dwelling. W. All fire hydrants , water mains, services, etc. must be installed pursuant to Fire Department and Public Works standards, ordinances, and policies . The water system shall be dedicated to the City of Huntington Beach. CONDITIONAL USE PERK._.r NO. 89-62 WITH SPECIAL P_�MITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION NO. 89-52 Page Fourteen X. Water systems shall be located in vehicular travelways and looped where possible. Developer must provide and dedicate to the City acceptable easements where necessary. 4 . All utilities shall be constructed underground in compliance -with all public works standards . 5 . At least 60 days prior to recordation of the fina•1 tract map, CC&R' s shall be submitted to and approved by the City. Attorney and the Department of Community. Development . The CC&R' s shall reflect the common driveway access easements, and- maintenance of all walls and- common landscape areas by the Homeowners ' Association. I hereby certify that Conditiona-1 Use Permit No. 89-62 with Special Permits/Tentative Tract No. 14134/Coasta_1 Development Permit No . 89-39/Negative Declaration No. 89-52 were approved by. the Planning Commission of the City of Huntington Beach on July 10, 1990, upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted far review and the aforementioned- conditions completed prior to final approval . Sincerely, Mike Adams, Secretary Planning Commission by: Hal Simmons Senior Planner (6423d-3-16) • CI`T1= HUNTING BEACH �, 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director 1714) 536-5431 March 18, 1993 Richard Hagee Seacliff Partners 520 Broadway #100 Santa Monica CA 90401 Subject: Supplemental Bond and Fee Amounts Tract Number 14647 (Surfcrest South — Phase 1) Gentlemen: The public improvements proposed on that portion of Seapoint Extension, fronting the subject tract, will require adjustment in the Bond and Engineering and Inspection Fee amounts. Additional bonds which are required, to supplement those already submitted, are as follows: 1. Performance Bond Amount $ 280,000 2. Labor and Material Bond Amount $ 140,000 3. Engineering and Inspection Fee $ 22,400 The subdivision agreement has been revised and will be processed with the existing signature page. The bonds, executed agreement, the insurance and fees must be submitted prior to the approval of the final map. Very truly yours, Armando Brizuela Senior Plan Checker AB:ik 3399g/20 EXECUTE IN DUPLICATE BOND NO. 8691-W PREMIUM. 'Included POWER NUMBER. GUARANTEE AND WARRANTY BOND WHEREAS, SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, as a. Principal, and Pacific states Casualty Company ,a corporation organized under the laws of the State of California and duly authorized under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of TEN THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($ 10,600.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, our and each of our heirs, 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 NUMBER 14647, PHASE 1 SURFCREST i I� WHEREAS, said contract provides that the Principal will fi:rnish 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 form an after date of completion of work and acceptance thereof by Obligee. SIGNED this Sth day of i 4ebruary , 19 93 . Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: tephen D. unther President Pacific States Casualty Comoanv as Su ty By. I William C. Slater, Jr., By: Attorney-in-Fact 8691-W BOND NO. The Premium for this Bond is: Included APPROVED AS TO FORM: GAIL BUTTON, City Attorney By:i Deputy City Attorney z Zy-93 { t { a ?..�'+>T li.' { ¢fpY :d 3 �•'� ��45 POWER OF ATTORNEY OF • < 0 PACIFIC N° 61403 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 Attomey-irrFact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every ad 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 depositorybonds,mortgage deficiency bonds,mortgage guarantee bonds. V 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. 1 N W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4PIE8 �G o v PACIFI CASUALTY COMPANY 4�j4 FEB.1, o n ATTEST 0 By • By Bruce E.MacKo_nzie Esther R.Lowy,Skl'etiky 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 TANIA SHPARAGA Signature �-� to NOTARY PUBLIC -CALIFORNIA Notary Pu lic ( LOS ANGELES COUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February t98 93 .PIES C48, PACIFIC STATES CASUALTY COMPANY �4oPPoq'j O r FEB.1, C n d � 1Ya P D ♦ J By t�*e+ *? PSC-S-101 9/89 Esther R.Lowy,Secretary Vq EXECUTE IN DUPLICATE BO.ND.NO. 8692 PREMIUM. $150.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, .as subdivider of Tract No. 14647 SURFCREST PHASE 1 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said SEACLIFF PARTNERS,A CALIFORNIA GENERAL PARTNERSHIP, (Subdivider) as principal,and Pacific States Casualty Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate - up to but not in excess of the sum of $ 5,000.00 ( FIVE THOUSAND AND 00/100), in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 19 93 . . I Seaclif f Partners,as Principal APPROVED AS TO FORtd: By: UWC-Seacliff Limited Partner GAIL HUTTON, City Attorney Its General Partner By: Dept' City Atto net' B : UWC-Seacliff Land Corporation Z'L-( Its General Partner By. Stephen D. Gunther President Pacific States asualtyWCompany,,asy By: William C. Slater, Attorney—in—Fact By: � 4 POWER OF ATTORNEY OF -14< 0- , N 61407 PACIFIC 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 Attomeyfn-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship In an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney 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 4th day of January 1988. SS c4eo Co OpP OP., PACIFI CASUALTY COMPANY r4 FEB.1. 'an ATTEST 0 1 0 7(�P09L }?JD By • By Bruce E.MacKenzie Esther R.Lowy, eta 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 TANSignature /��'��J `^' ✓ a NOTARY Pi BUC F CALIFORNIAGA Notary Pu lic \ LDS ANGELES COUNTY My Comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. 5th February 93 This Certificate is executed in the City of Los Angeles,California,this day of 198 . '1E5 C.is` PACIFIC STATES CASUALTY COMPANY re 40V Poq'j'�< r FEB.1, C n D <"o: ?� By PSC-S-101 9/89 Esther R.Lowy.Secretary ' �+ _�,, • • COPY EXECUTE IN DUPLICATE BOND NO. 122317S PREMIUM. $2,800.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS , A CALIFORNIA GENERAL PARTNERSHIP (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identify as project TRACT NO. 14647 SURFCREST PHASE 1, is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and DEVELOPERS INSURANCE COMPANY , as surety are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of TWO HUNDRED AND EIGHTY THOUSAND DOLLARS ($ 280 ,000 .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 ro and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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 °STATE OF CALIFORNIA N'Ut SS. COUNT'OF On April 13, 1993 before me, ICI AMYX PERSONALLY APPEARED ,Tames F. Mary W personally known to me(or provided to me on the basis of satisfactory Wevidence)to be the person(s)whose name(s)is/are subscribed to the x within instrument and acknowledged to me that he/she/they executed W the same inhis/her/their authorized capacity(ies),and that by his/her/ .a their signature(s)on the instrument the person(s),or the entity upon NNN��NNNNM�N��N� a behalf of which the person(s)acted,executed the instrument. OFFICIALSEAI E■ WITNESS my hand and official seal. N.AMYX Cl) S�a, '1 7ARY PtlE}LIC-CALIFORNIA ••"� PRINC1P-ALOCFICE IN • ORANGE COUNTY i Yr Commission Eao.Apr.26,1895 - '� /� ON000.00oo�00c'.00GOO:00o000N000♦ Signature This area for Official Alatarial Seal ID 081 10/92 STATE OF CALIFORNIA )ss. 1 COUNTY OF Z_ZV XA/,9S4E�5' } o On f�PR/L o2 /99� before me, �/f 4RI7 1V 0441 U ' m personally appeared y 2—jam)P//S/1/ 2 9ZJII/�f/�j personally known to me (or proved E to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within I a 41 instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), i and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the i � 41NN000 person(s)acted,executed the instrument. T{ 7FALFO LSEAL DAL PIAZ .mom C-CALIFORNIA WITNESS my hand and official seal. _ OFFICE INo Eg couNTv `O Signature °bro•• � �.Jan.24,19WgeJ9fy00�0 (This area for official notarial seal) 1 thereunder or the specifications accompanying the same shall in anywise affect its obligation 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 in the specif icat ions. In witness whereof, this instrument has been duly executed by the principal and surety above named, APRIL 13, 1993 . Seacliff Partners, as Princcipal �a V. By: UWC-Seacliff r Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: St en D. Gun'tfier President 1)F.VFj npF.RS TNS[1RANGF. COMPANY , as Surety By: James ary, A torney-in-Fact By: BOND NO, 122317s The Premium for this Bond is: $2,800.00 . APPROVED AS TO FORM: GAIL HUTTON„ City Attorney By:. Deputy City Attorney r STATE OF CALIFORNIA ) S.S. OOUM OF ) On before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose.name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature _STATE OF CALIFORNIA ) S.S. 0XIM OF ) On before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature EXECUTE IN DUPLICATE BOND NO. 122317S PREMIUM. incl in performance LABOR AND MATERIAL WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEAACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, (hereinafter designed 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. 14647 SURFCREST PHASE 1, 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 contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED FORTY THOUSAND AND 00/100 dollars ($140 ,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of 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. STATE OF CALIFORNIA ORANGE COUNTY OF ss. Op April 13, 1993 ,before me, N AMYX PERSONALLY APPEARED James E. Mary i W personally known to me(or provided to me on the basis of satisfactory Wevidence)to be the person(s)whose name(s)is/are subscribed to the x within instrument and acknowledged to me that he/she/they executed W the same in his/her/their authorized capacity(ies),and that by his/her/ a their signature(s)on the instrument the person(s),or the entity upon GL behalf of which the person(s)acted,executed the instrument. OFFICIAL SEAL d N.AMYX I- WITNESS my hand and official seal. NOTARY PU lC-CALIFORNIA r S PRINCIPAo.OFFICE IN #'~ ORANGE COUNTY My Commisalon E rp,Apr.26,1 M Signature This area for Official;Vatarial Seat ID 081 10/92 I } STATE OF CALIFORNIA }ss. I , COUNTY OF ZZL ' c `o On /G / before me, /yJ�, l4AI �ftL �l�z v n personally appeared J T�lVj!44E� C personally known to me (or proved E to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within a ii instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), i and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the I 0 person(s) acted,executed the instrument. 0 --i - SEALOFFICIAL e000r MARIAN DAL PIAZ WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA CU PRINCIPALOFFICE IN o LOSANGELES COUNTY SignatureAe,:J� My Cwv*eim E)V.Jan.24,1995 (This area for official notarial seal) The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications 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, APRIL 13, , 1993 Seacliff Partners, as Principal ,),? P. By: UWC-Seacliff r Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: S en . Gunther President DEVELOPERS INSURANCE COMPANY , as Surety By: James ary, Attorney-in-Fact r By. BOND NO. 122317S The Premium for this Bond is: incl in performance bond. APPROVED AS TO FORM: :GAIT, HUTTON,,, City Attorney By._J J)eputy. City Attorney s-�- Qj I STATE OF CALIFORNIA ) S.S. COUI t OF ) On before me, a Notary Public in and for said County and State, personally appeared personally )mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature STATE OF CALIFORNIA ) S.S. COUNTY OF ) On before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature i POWER OF ATTORNEY OF • '' OEMNITY COMPANY OF CALIF&IA AND DEVELOPERS INSURANCE COMPANY N2 153425 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,1996. 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 brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***JAMES E. MARY, DAVID L. MILLER, VIRGINIA M. LO IMAN, SHELLEY E. SMITH, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power-and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-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,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1966: 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(s)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 Assis- tant 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By r Da a F.Vincenti,Jr. P�Mr Dan F.Vincenti,Jr. President �o pPOR o� President PS Nsug4y OR `t0 Arm; Q�?`ppFdl�c^ i A. 0CT.5. MAR.2T, p ATTEST 1961 o ATTEST > I978 i D tiny(/r00.0.'�d�? On'r(1FOFN\'T Alko— By By � Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s).or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ------------------------------------- OFFICIAL SEAL t TIRESA TAAFUA Signature ti— �•• =^ NOTARY PUBLIC-CALIFORNIA �! PRINCIPAL OFFICE IN o ORANGE COUNTY My Commission Exp.Aug.d,1995 NN�iHINN�HNNM� CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE 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 resolutions of the respective Boards of Directors of said corporations 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 Irvine,California,this 13th day of April 13 _ 1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ,k?ANy �NSUq By 'yl / i OCT a B `G� MAR.27, ' o c 1967 )CIy 187: L L.C.Fiebiger C,n� \�a L.C.Fiebiger Senior Vice President Senior Vice President /1roti T� ID-310 REV.4/93 s EXECUTE IN DUPLICATE BOND"NO. -'`• 8691 PREMIUM. $1,060.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS A CALIFORNIA GENERAL PARTNERSHIP (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19_, and identify as project TRACT NO. 14647 SURFCREST, is hereby referred to and made a part hereof;and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Pacific States Casualty Company , as surety are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of ONE HUNDRED AND SIX THOUSAND dollars ($ 106,000.00) 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,lon 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 i obligation shall become null and void; otherwise.it shall be and remain in full force and effect. 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 of to the work to be performed thereunder or the specifications accompanying.the.same shall in anywise affect its obligation 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 in the specif ications. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 , 19 93 . Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Stephen D.Gunther �- President Pacific .States Casualty Company ,as Surety, By. 1 William C. Slater, Jr., By: Attorney-in-Fact BOND NO. 8691 The Premium for this Bond is: $1,060.00 I APPROVED AS TO FORM: GAIL HUTTON, Ciiy Attorney By: Deputy City Attorney EXECUTE IN DUPLICATE BOND NO.� PREMIUM v.,Included LABOR AND MATERIAL WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEAACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project TRACT NO. 14647 SURFCREST PHASE 1, is hereby referred to and made a part hereof;and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the city of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of FIFTY THREE THOUSAND AND 00/100 dollars ($ 53,000.00), 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 on amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court,and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of 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, e ,r alteration or addition to the terms of the agreement or the specifications 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, February 5 , 19 93 . Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Stephen D.Gunther President Pacific States Casualty Company-9 as Sur ty i i By: William C. Slater, Jr., i By: Attoreny-in-Fact BOND NO. 8691 The Premium for this Bond is: Included APPROVED AS TO FORM: GAIL BUTTON,•City Attorney By: DeputCity Attor ey f�l/•ty-4 3 x - c C� POWER OF ATTORNEY OF N° 61402 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done In connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorneyin-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 o1 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 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. Ss c4s"o F 7 y p q ATTEST PACIFI CASUALTY COMPANY n' ?4 FEB.1, e n a n 1i82 i By • By Bruce E.MacKenzie Esther R.Lowy. a eta 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. l OFFICIAL SEAL �J Zl% �" TANIA SHPA�tAGA Signature c NOTARY PUBLIC -CALIFORNIA Notary Pu is LOS ANGELES COUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February 198 23 4'1Es C48G PACIFIC STATES CASUALTY COMPANY `opPOI?" ` FEB.1, O n L t? liar 0 0 7�rFOpp�P?aD By �, * PSC-S-101 9/89 Esther R.Lowy.Secretary